Device & Data Service Agreement (Minnesota)
This agreement is provided for transparency. Customers acknowledge and agree during the intake process.
By submitting a device to **NVSP IT** (“Company”), you (“Customer”) acknowledge and agree to the following terms:
## 1. Ownership & Authorization
Customer confirms that they are the lawful owner of the device or are authorized to request service. Customer authorizes NVSP IT to access, operate, test, diagnose, configure, and repair the device as reasonably necessary to perform requested services, including accessing operating systems, user accounts, and settings.
Any passwords or access credentials provided are used solely for service purposes and are not intentionally retained after service completion.
## 2. Data Responsibility
All data stored on the device remains the sole responsibility of the Customer. Customer acknowledges that data loss, corruption, or exposure may occur during diagnostics, repair, configuration, updates, or testing.
Customer is responsible for backing up all data prior to service. NVSP IT does not guarantee data preservation or recovery and is not liable for data that is lost, corrupted, or unrecoverable, except where liability cannot be limited under Minnesota law.
## 3. Data Recovery Limitation
Customer acknowledges that some data may be permanently unrecoverable due to hardware failure, software issues, encryption, prior damage, malware, or device condition. No guarantee is made regarding the success of any data recovery efforts.
## 4. Pre-Existing Conditions
Devices may have existing defects, damage, or wear prior to service. NVSP IT is not responsible for pre-existing issues, including but not limited to hardware degradation, liquid damage, software corruption, malware, or manufacturer defects.
Devices may fail during service due to their condition, age, or prior damage.
## 5. Nature of Services
Services are provided on an “as-is” and “as-available” basis. NVSP IT does not guarantee that services will resolve all issues or prevent future problems.
Testing, updates, resets, or configuration changes may be required and may affect device functionality or data.
## 6. Third-Party & Subcontractor Services
NVSP IT may utilize third-party vendors, manufacturers, service providers, or subcontractors to assist in completing requested services.
While reasonable care is exercised in selecting such providers, NVSP IT is not responsible for the acts, omissions, delays, or failures of third-party providers. Any warranties or guarantees related to third-party products or services are provided solely by the third party.
## 7. Payment & Estimates
Service estimates are provided in good faith and are not guaranteed. Actual costs may vary based on device condition, additional findings, or changes in scope.
Customer agrees to pay all approved charges upon completion of service unless otherwise agreed in writing. Devices may be withheld until payment is received in full, where permitted by Minnesota law.
## 8. Non-Payment
In the event of non-payment, Customer is responsible for reasonable costs incurred in collecting unpaid balances, including administrative fees, storage fees, and costs permitted under Minnesota law. Services may be suspended for unpaid balances.
## 9. Privacy & Confidentiality
NVSP IT respects customer privacy and takes reasonable measures to maintain the confidentiality of customer information and data encountered during the course of service.
Access to customer data is limited to what is reasonably necessary to perform requested services. NVSP IT does not intentionally access or review personal files, communications, or data except as required to complete service, comply with applicable laws, respond to lawful requests, or protect system integrity.
Customer information may be accessed by authorized employees, contractors, subcontractors, or third-party providers only as necessary to perform services. Such parties are expected to maintain appropriate confidentiality. NVSP IT does not sell customer data.
While reasonable safeguards are used, no system can be guaranteed to be completely secure.
## 10. Data Retention & Deletion
Customer data, credentials, and service-related information may be temporarily retained for operational, troubleshooting, billing, warranty, or legal purposes. Data is retained only for as long as reasonably necessary to complete services or meet legitimate business or legal obligations.
Unless otherwise required by law or requested in writing prior to service completion, NVSP IT does not retain copies of customer data after service completion and may securely delete or dispose of service-related data at its discretion.
Customer acknowledges that once data is deleted, it may not be recoverable.
## 11. Data Security Incident & Breach Notification
NVSP IT maintains reasonable administrative, technical, and physical safeguards designed to protect customer information. However, unauthorized access or security incidents may occur despite reasonable precautions.
If NVSP IT becomes aware of a security incident involving personal information as defined under applicable Minnesota law, the Company will take reasonable steps to investigate, mitigate potential harm, and provide notification as required by Minnesota or federal law.
NVSP IT is not responsible for incidents resulting from factors beyond its reasonable control, including pre-existing device vulnerabilities, malware, compromised credentials, customer actions, manufacturer defects, or third-party providers, except where liability cannot be limited under Minnesota law.
## 12. Illegal or Prohibited Content
If illegal or prohibited content is discovered during service, NVSP IT reserves the right to discontinue service and may be required to report such content to appropriate authorities in accordance with Minnesota and federal law.
## 13. Unclaimed Devices
Devices not claimed within [30 / 60 / 90] days after service completion may be considered abandoned. In accordance with Minnesota law, such devices may be recycled, disposed of, or resold to recover service and reasonable storage costs.
## 14. Limitation of Liability
To the fullest extent permitted by Minnesota law, NVSP IT shall not be liable for indirect, incidental, special, or consequential damages, including loss of data, loss of use, or business interruption.
Total liability for any claim related to services provided shall not exceed the amount paid for the service giving rise to the claim. This limitation does not apply where prohibited by Minnesota law.
## 15. Governing Law & Venue
This agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Any legal action arising from this agreement shall be brought in a court of competent jurisdiction located in Minnesota.
## 16. Severability
If any provision of this agreement is found unenforceable under Minnesota law, the remaining provisions shall remain in full force and effect.