Non-Disclosure Agreement (NDA) Between Client and Micronics
1. Return of Confidential Information
Upon written request from the Disclosing Party (Client), the Receiving Party (Micronics) shall promptly return all Confidential Information. After making a decision regarding the information, the Receiving Party must return it without retaining any copies, either in physical or electronic form.
2. Non-Assignable
The Receiving Party may not assign or transfer any rights or obligations under this Agreement without prior written consent from the Disclosing Party. Any attempt to assign this Agreement without such consent shall be void. Any approved assignment or transfer shall be binding upon and inure to the benefit of the respective successors and assigns.
3. Governing Law
This Agreement, including its validity, interpretation, performance, and enforcement, shall be governed by and construed in accordance with the laws of the Indian Constitution, specifically under the jurisdiction of Ahmedabad, Gujarat. All disputes arising from or in connection with this Agreement shall be resolved through arbitration, to be conducted in Ahmedabad, India, in accordance with the latest BNS (Bharat Nyaya Sanhita) law.
4. No License
The disclosure of Confidential Information under this Agreement shall not be construed as granting either party any right, title, or interest in or to any intellectual property, whether expressly, by implication, estoppel, or otherwise.
5. Binding Nature of Agreement
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns.
6. Severability
Each provision of this Agreement is severable and independent from the others. If any provision is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
7. Entire Agreement
This Agreement constitutes the entire understanding between the parties concerning the subject matter hereof and supersedes all prior agreements, discussions, or understandings, whether written or oral. No amendment or modification of this Agreement shall be valid unless made in writing and signed by both parties.
8. Arbitration
In the event of any dispute, the parties agree to submit the matter to arbitration in Ahmedabad, India, in accordance with the arbitration rules provided under the latest BNS law. Notwithstanding the foregoing, either party may seek temporary injunctive relief in a court of competent jurisdiction to prevent any unauthorized disclosure of Confidential Information.
Terms & Conditions – The Service Agreement
Customer Responsibilities and Acknowledgments
The Customer agrees that Micronics and/or its suppliers are authorized to inspect, analyze, identify problems, and attempt to recover or minimize damage to the data storage device/media. The Customer shall submit their data storage device upon payment, and Micronics will make reasonable efforts to recover the data. The Customer must confirm the successful recovery within 10 days of receipt.
Confidentiality and Data Handling
Micronics shall use the Customer’s information solely for the purpose of the data recovery process and maintain its confidentiality. Upon completion and receipt of payment, Micronics will securely erase the data beyond recovery within 3 working days.
No Warranties; Limitation of Liability
Micronics disclaims all warranties, express or implied, and limits its liability to the Customer. The total liability of Micronics shall not exceed the cost of the media submitted for data recovery.
Customer Representation and Indemnification
The Customer certifies ownership of the data storage device and agrees to indemnify Micronics against any claims, damages, or expenses arising from the breach of data protection laws or unauthorized use of the recovered data.
Terms of Payment and Compliance with Laws
The Customer agrees to pay all fees within the specified time frame. Micronics reserves the right to charge interest on overdue amounts. This Agreement is governed by Indian laws, and both parties agree to comply with all applicable laws and regulations.
Disposal Policy
If the Customer does not claim the media within 45 days, Micronics reserves the right to dispose of it, thereby releasing itself from any further confidentiality obligations. Any disposed media will be handled in an environmentally responsible manner, contributing to E-waste recycling efforts.