Data Recovery:

This data recovery service agreement is between you 'Client' and iCube Development (Calgary) Ltd. 'ICUBEDEV CGY'. This agreement is deemed effective when the Client requests ICUBEDEV CGY to engage in data recovery services. At any time either party may disengage from this agreement providing written documentation indicating closure of the associated work order.

Authorization:

The Client authorizes ICUBEDEV CGY or its authorized agents to conduct an evaluation of the media sent to determine the nature of the damage and provide an estimate of the data recovery cost and turnaround. The evaluation is free and no work beyond this evaluation will be charged without explicit Client approval. The Client authorizes ICUBEDEV CGY, its employees, independent contractors, and agents, to receive and transport this media / equipment / data to, from and between their facilities. The Client hereby represents, warrants, and affirms that he, she, or it is the owner or the authorized representative of the owner of the property and all of the information and data stored on said property. By requesting ICUBEDEV CGY to enter into this agreement with you, as Client, you declare that the foregoing representations are true and correct. You agree to indemnify ICUBEDEV CGY for any claims related to this data recovery.

Liability:

ICUBEDEV CGY shall not be liable as a result of this agreement or the performance of any data recovery services or evaluation of the possibility of providing data recovery services, for any claims regarding the physical functioning of equipment / media or the condition or existence of data on storage media supplied before, during or after service. In no event will ICUBEDEV CGY or any agent, contractor, or employee of ICUBEDEV CGY be liable for any loss of data, loss of revenue, loss of profits, or other special, incidental consequential damages however caused, in connection with this agreement or any service provided by ICUBEDEV CGY or its agents, contracts, or employee - even if ICUBEDEV CGY has been advised of the possibility of damage or loss to persons or property. ICUBEDEV CGY liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services. Client and ICUBEDEV CGY agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at ICUBEDEV CGY's option, either (a) additional attempts ICUBEDEV CGY to recover satisfactory data or (b) a refund of the amount paid by the Client. Client is aware of the inherent risks of injury and property damage involved in data recovery, including without limitation, risks due to destruction or damage to the media or data and inability to recover data, or inaccurate or incomplete data recovery, including those that may result from the negligence ICUBEDEV CGY, and assumes any and all known risks of injury and property damage that may result.

Privacy:

ICUBEDEV CGY agrees not to disclose any and all information or data files supplied with, stored on, or recovered from Client equipment to any third parties except to employees, independent contractors, lawyers, or agents of ICUBEDEV CGY subject to confidentiality agreements or as required by law. Any / all communication regarding this agreement will be limited to the contact information the Client provides. To maintain the security of your recovery details ICUBEDEV CGY is unable to provide digital transmission of any recovered data without the expressed permission of the Client (file list exempt). Upon completion of our work, Client data may be retained on our equipment for a period of 7 days. After 7 days, all recovered data will be destroyed and thereafter no further records aside from that authorized by the Client will be kept. Any / all requests to retain Client data in excess of 7 days must be made in writing and will undergo an approval process by ICUBEDEV CGY.

Communication:

By accepting this agreement ICUBEDEV CGY will communicate with the Client and parties authorized by the Client using contact details disclosed by the Client. Methods of communication may include but are not limited to telephone, text ("SMS") messages, multimedia messages ("MMS"), push notifications, and e-mail. The Client is responsible for all carrier costs. Any and all communication from ICUBEDEV CGY to the Client will be immediately terminated at the written request of the Client.

Warranty:

ICUBEDEV CGY makes no warranty, express or implied, and ICUBEDEV CGY disclaims any warranty of any kind, for the services being provided or discussed hereunder. All product warranty coverage must be handled by the manufacturer after 30 days from the date of purchase. Applicable warranty coverage starts at the time of invoice creation. ICUBEDEV CGY and / or its suppliers will not honor warranty claims which exceed stated warranty terms.

Property:

Any / all property left with ICUBEDEV CGY unclaimed for 30 days will be disposed or recycled. At which time, ICUBEDEV CGY shall have no liability to the Client or any third party. It is the responsibility of the Client to ensure ICUBEDEV CGY maintains accurate contact information. Local pickup and / or shipping requests will require proof of identity (government issued photo ID) before any materials will be released.

Exceptions:

ICUBEDEV CGY reserves the right to disclose the Client's personal information for the purposes of debt recovery ("debt collection") if full payment for agreed upon products or services is not received within 90 days after completion of work.

Computer Repair:

The client agrees that prior to contacting or allowing us to perform any diagnostic or repair on your computer, it is your responsibility to back-up the data (files, softwares, or any information) stored on your computer system. You acknowledge and agree that iCube Development (Calgary) Ltd., its subdivisions, affiliates and agents shall not be responsible under any circumstance for any loss or corruption of data. At any time, we reserves the right to refrain from providing any or all services ordered and instead refund payment, wholly or in part, and shall not be responsible under any circumstance for any loss. The client must provide us with the name(s) of authorized person to direct our services and questions. Also, an adult (defined as a person who has met the age of majority) must be present at all times for us to provide any service on-site. If not available, no service will be provided and an hour of on-site service will be billed.

iCube Development (Calgary) Ltd. must receive full access to the computer(s) and/or peripheral(s) to be serviced, your consent and cooperation to enter your premises, a safe working environment with working space and electrical power. If not available, service may be denied and an hour of on-site service will be billed. We assume that all computer system and software keys are legal and legitimate. All hardware, software and peripherals are assumed to be free from defect and viruses unless clearly stated by you. Any damage arising is your responsibility and you will keep us free from any proceeding.

Under no circumstances shall iCube Development (Calgary) Ltd., its subdivisions, affiliates and agents be liable to you or any other person for any damages, including without limitation, any indirect, incidental, special or consequential damages, any expenses incurred, loss of profits, loss or corrupted data, or other liability arising out of, or inability to use your computer equipment, hardware, software, peripherals, or network resulting from the services provided hereunder. By requesting services from iCube Development (Calgary) Ltd., its subdivisions, affiliates, and agents you affirmatively release and hold us harmless from and against any proceedings for loss, liability, or damage that you or the owner or lessee may suffer.

Hosting Services:

iCube Development (Calgary) Ltd. doing business as iCube Development (“ICUBEDEV CGY”) is committed to being the best possible network citizen. This means playing our part to maximize the usefulness, functionality and enjoyment of the Internet. In order to fulfill these goals, we require every person who uses the Services, Equipment and / or the Website, as defined below, to comply with the terms of this Service Agreement.

When using the Services, Equipment and / or Website, you are prohibited from, and you are prohibited from assisting others from, using, enabling, facilitating, or permitting the use of any Services, Equipment and / or Website for:

• uses or purposes contrary to applicable laws and regulations
• any illegal or criminal purpose we determine (eg: copyright infringement, trademark infringement, patent infringement, misappropriation of trade secrets and defamation)
• invading, breaching or undermining the privacy of other Internet users
• using harassing or abusive language or actions, whether verbal, written or otherwise
• restricting or inhibiting any other user from using or enjoying the Internet
• impersonating, reselling or otherwise exploiting Services
• transmitting content including, without limitation, unsolicited messages that, in our sole judgment, causes interference with, or disruption of, iCube Development's network or the Internet or the use or enjoyment of the Internet by other end-users, whether intentional or unintentional
• interfering or attempting to interfere with computer networking or telecommunication
• consuming excessive amounts of bandwidth in a manner that interferes with computer networking or telecommunications systems and/or service to or from any Internet user, host, server or network
• accessing or attempting to access any Internet host, computer, software or data belonging to any other person without that person’s authorization, or using any tools designed to facilitate such access
• transmitting, posting, publishing, disseminating, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any files, programs or information (including, without limitations, guessing programs, cracking tools or network probing tools) designed to assist users in compromising the security of the Service, the iCube Development network or telecommunications services
• transmitting, posting, publishing, disseminating, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any files, programs or information that is harmful or disruptive (including, without limitations, viruses, "cancelbots", "trojan horses" and "worms") even if the purpose is to test or analyze a hosts security mechanisms
• attempting to receive any Services without paying the applicable Fees
• modifying or disassembling Services or Equipment
• changing any Identifier issued by iCube Development without our consent or otherwise forging or manipulating Identifiers for a malicious or improper purpose or to disguise the origin of any content transmitted through the Services
• using an Internet host's resources in a manner that is not authorized by its administrators. This includes mail relaying, transmitting chain letters, make-money-fast or pyramid style schemes of any sort
• unless you have purchased Services that are specifically designed and authorized to support such functionalities, operating a server in connection with the Services including but not limited to mail, news, file, gopher, telnet, chat, web, or host configuration servers, multimedia streamers, or multi-user interactive forums.

You acknowledge that unless you subscribe to a Hosting Service that expressly includes a backup service, iCube Development (Calgary) Ltd. backup activities are primarily for our own disaster recovery purposes.

iCube Development can restrict, block, suspend, disconnect or terminate any Services or the Agreement for cause if the Service Agreement is violated. iCube Development may also take any other measures that are necessary to address a violation of the Service Agreement to the maximum extent permitted by law including, without limitation, temporary or permanent removal of content, cancellation of newsgroup posts and/or filtering of Internet transmissions.

iCube Development may at any time and from time to time amend this Service Agreement by posting notice of the amended Service Agreement on our website(s) or by sending you notice via email to the primary email account associated with your account, and such modification shall be effective as of the earlier of the date of posting of the modified Service Agreement or the date identified in the email, as applicable.