ECO Data Recovery

4117 Burns Rd. Palm Beach Gardens, FL. 33410 1-800-339-3412v ~ 561-691-0014f

Agreement for Data Recovery Services

THIS Agreement entered into on Monday, March 26, 2012 between Impact Images & Designs herein referred to as Customer and Eco Electronics, Inc. of 4117 Burns Rd., Palm Beach Gardens, Florida, 33410 herein referred to as Eco, in consideration of the foregoing and otherwise, it is agreed that:
Customer Name: Impact Address: 29A

Images & Designs

Work Order #:

31932

St. Albans Drive City: Nassau

Model: 1TB Manufacturer: External Operating System: Windows File System: NTFS

State: Zip Code: Country: Bahamas Contact Name: Derek

XP

Smith

Phone: 242-376-9080 Fax: N/A E-mail address: dsmith@impactimagesdesigns.com

EXPEDITED SERVICE
Evaluation Fee* $400.00 Successful Recovery Charge** $945.00 **(Evaluation Fee Included)

*Backup Media and Return freight additional 1. The Engagement. Customer engages Eco Data Recovery, to use best efforts to: identify the problem (if not already identified): and/or correct the problem: and/or retrieve, or minimize the damage to the equipment or the data, all subject to the terms and conditions hereof. 2. Payment. For these services, Customer agrees to pay all sums authorized by Customer under this Agreement, plus shipping and insurance (both ways) and actual expenses, if any for backup media furnished by Eco Data Recovery used in the Engagement. 3. Damaged Condition of Customers Equipment and/or Data. Customer acknowledges that the equipment and/or data is now damaged, and Customer further acknowledges that the efforts of ECO and/or its suppliers to complete the Engagement may result in the destruction of or further damage to the equipment and/or the data. 4. Unpaid Charges: Security Interest. In the event there are any unpaid charges, Customer grants ECO a security interest in and to the equipment and data to secure the payment of the charges incurred hereunder. Any items which have not been claimed and paid for within ninety (90) days after the date of completion of the Engagement will be considered abandoned by the Customer and will be disposed of (including all data/media containing data) in the sole discretion of ECO. 5. Confidentiality. Customer agrees that ECO may use any information or data supplied with or stored in the equipment (the "Customer Information") for the purpose of fulfilling the Engagement, and will otherwise hold the Customer Information in the strictest confidence. However, subject to whatever patent rights may exist at the time, the foregoing confidentiality obligations shall not apply to any information: (a) which at the time of disclosure is published or is otherwise in the public domain; (b) which after disclosure becomes part of the public domain otherwise than through a breach of confidence or confidentiality; (c) which was known to ECO prior to receipt from the Customer, provided that such prior knowledge can be adequately substantiated by documentary evidence antedating the disclosure by the Customer; (d) when is disclosed to ECO party by a third party (other than employees or agents of either party) which in making said information available to ECO is not in violation of any obligation of confidentiality to the disclosing party; or (e) independently developed by ECO.

6. No warranties. Disclaimer of all warranties. ECO makes and customer receives no warrantees or conditions for any good or service, express, implied, statutory or in any communication with customer, and ECO specifically disclaims any implied warranty merchantability or fitness for a particular purpose, and arising from usage of trade or course of dealing or performance. 7. Limitation of liability. In no event will ECO be liable for any damages whatsoever, whether based on contract, tort, warranty or other legal or equitable grounds, including without limitation damages for loss of data, loss of business profits, business interruption, or other pecuniary loss, or incidental, consequential or indirect damages arising from the engagement. Customer acknowledges that the estimated and actual fees and charges reflect this limitation of liability and allocation of risk. 8. Limitation of liability for certain claims by customer and/or third parties indemnification. In no event will ECO be liable for any damages based upon any claim of liability from the customer or from any third party, directly or indirectly, that the equipment or any data was damaged, altered or rendered unusable; and customer will defend, at its expense, indemnify and hold ECO and or its suppliers harmless against any damages or expenses that may occur (including reasonable attorneys fees), and pay any costs, damages or attorneys fees awarded against ECO or its suppliers resulting from such claim. 9. Customers representation as to data and equipment indemnification. Customer warrants and represents to ECO that it is the owner of , and/or has the right to be in possession of, all data, technology and equipment furnished to ECO under this agreement, and customer will defend, at its expense, indemnify and hold ECO and its suppliers harmless against any damages or expenses that may occur (including reasonable attorneys fees), and pay any costs, damages or attorneys fees awarded against ECO or its suppliers resulting from a breach of this paragraph. 10. Uncontrollable Circumstances. Either partys performance of any part of this Agreement shall be excused to the extent that such performance is hindered, delayed, or made impractical by: (a) the acts of omissions of the other party; (b) flood, fire, strike, war, or riot; (c) unavailability of parts or software; (d) any other cause (whether similar or dissimilar to those listed) beyond the reasonable control of that party. Upon the occurrence of any such events(s) the party whose performance is so affected shall notify the other party of the nature and extent of the event(s) so that decisions to mitigate the negative effect(s) of such event(s) may be promptly made. 11. Limitation of Damages. The parties agree, notwithstanding any other provision of this Agreement to the contrary, that the total liability of ECO or its suppliers to Customer under this Agreement shall in no event exceed the total sums paid by Customer to ECO under this Agreement. 12. Miscellaneous. The parties agree that this Agreement shall be construed and the relations of the parties shall be determined in accordance with the laws of the state of Florida; provided, however, that if any provision of this Agreement is in violation of any applicable law, such provision shall to such extent be deemed null and void, and the remainder of the Agreement shall remain in full force and effect. The place of adoption of this Agreement is deemed to be the principal place of business of ECO Electronics, Inc. 4117 Burns Rd. Palm Beach Gardens, FL 33410 USA. Any revision or modification of this Agreement shall be effective only if it refers to this Agreement, is in writing, and is signed by an authorized representative of each party to this Agreement.

By signature below customer acknowledges and agrees to terms and conditions of this agreement;
Customer Signature__________________________________________________ Customer Name (please print)_________________________________________ Title____________________________________ Date____________________

Payment Information
Check one (note: payment must be secured prior to shipment): ( ) Cashiers Check ( ) Wire Transfer ( ) Credit Card - Complete information ( ) Money Order below Credit Card payments - please complete the following; ( ) American Express ( ) Visa ( ) Mastercard Card Holders Name (as it appears on the card):

Card Holders Telephone #: ( ) Card Account Number: 3-4 Digit Card Security Code: (Located on Back of Credit Card) Statement Billing address (where monthly statement is mailed):

x x
Expiration Date: Card Holders Signature: