DRS HD - Recuperação de Dados em HD, RAID, PenDrive Reseller Plan
Termos e Condições
1. Application. SeagateTechnology LLC with offices at 920 Disc Drive, Scotts Valley, California 95066 ("Seagate" or "we") will promptly review your application to participate in the Seagate Reseller Plan. We retain the right to approve or deny your application, at our sole discretion. If your application is approved, we retain the right to change or discontinue the plan or your participation in the plan at any time, in our sole discretion. If you reside in Canada, "Seagate" means Seagate Technology Canada Inc. If you reside in an EU member state or outside the Americas region, "Seagate" means Seagate Technology (Netherlands) B.V.
2. Submissions. As a plan participant, you have two options when forwarding a data recovery case to us.
a. Referral Submission: You can submit the case as a "referral" to any service location operated by us or our affiliates, in which case the Seagate "customer of record" is your end-customer ("Customer"). To initiate a Referral Submission, you must complete the Referral Submission Form. An e-mail will then be sent to your Customer asking him/her to complete a Case Submission Form.
b. Direct Submission: You can submit the case directly to any service location operated by us or our affiliates, in which case you are Seagate's "customer of record" and you intermediate all contact with the Customer (we do not contact your Customer directly). To initiate a Reseller Submission, you must complete a Case Submission Form. In addition, you must secure authorization from the legal owner of the device and data contained therein (or a representative of the legal owner) to act on its behalf regarding DRS HD - Recuperação de Dados em HD.
3. Seagate DRS HD - Recuperação de Dados em HD Terms and Conditions. Our standard Seagate Data Recovery Terms and Conditions apply to all Referral Submissions and Direct Submissions. The terms and conditions can be found here: Standard Terms and Services .
4. Fees and Payment. The applicable evaluation fee is due in full at the time the data storage device or media is submitted to us for testing and evaluation, unless such fee is waived by us. In the case of a Referral Submission, we will bill the Customer directly for all applicable recovery fees and costs. In the case of a Direct Submission, we will bill you for all applicable recovery fees and costs. Such amounts are due and payable to us regardless of whether you collect from your Customer. With respect to each case, all amounts must be paid in full before we will release the recovered data and pay any applicable commissions.
5. Shipping Costs. All costs for shipping the data storage devise or media to and from Seagate will be your Customer's responsibility in the case of a Referral Submission or your responsibility in the case of a Direct Submission, unless we agree to assume such costs pursuant to a special promotion.
A 10% commission on the "recovery fee" portion of paid cases will be paid to you for each Referral Submission and Direct Submission, for all media types including hard drives, tapes, servers, floppy diskettes, zip, jaz, smart media and flashcard media.
Commissions will be paid to you monthly.
Commissions do NOT apply when no recovery fees are paid or where the quoted recovery fee is discounted due to the quality or quantity of the recovered data.
Commissions are not paid on Flat Rate pricing or “Special” prearranged pricing.
7. No Trademark License. You will refer to our service as "Seagate Data Recovery Service" but you may not otherwise use any of our names, trademarks, symbols or identifiers or hold yourself out as somehow affiliated with Seagate beyond the relationship described herein. The names, trademarks, promotional images and text, forms and other business content used by Seagate are the property and copyright of Seagate. Copyright material including WEB and printed content cannot be used by you in any advertising, publicity or promotional activity without our explicit prior written consent.
8. Independent Contractor. You are an independent contractor and not an agent, employee or partner of Seagate. Nothing contained herein shall be deemed to create any relationship between Seagate and you other than that of principal and independent contractor.
9. Non-Exclusive. This is a non-exclusive agreement and may be terminated at any time with or without cause by either party.
10. Dispute Resolution. The parties will attempt to resolve any dispute related to this plan or the DRS HD - Recuperação de Dados em HD through good faith negotiation. If the parties are unable to resolve the dispute through good faith negotiation, then the dispute will be submitted to final and binding arbitration with the Judicial Arbitration and Mediation Services ("JAMS"). Each party will bear their own costs in arbitration. Both parties waive their rights to a jury trial. All proceedings will take place in Santa Clara County, California, USA. The laws of the State of California will exclusively govern our provision of the DRS HD - Recuperação de Dados em HD, without regard to California's conflicts of laws rules. You consent to the exclusive jurisdiction of the courts located in Santa Clara County, California, USA.
11. Entire Agreement. This Agreement, including the Seagate Data Recovery Terms and Conditions, constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.