• Terms and conditions

  • Data Retrieval terms and conditions for Data Recovery Services

    These Terms and Conditions apply to any confirmed order for Data Recovery Services you (the “Customer“) order from Data Retrieval (“Data Retrieval“)

     

    The Engagement

    By confirming an order, Customer engages Data Retrieval (directly or through its suppliers) to provide, with reasonable care and skill, the following services (each an “engagement”):

    -        Inspect and evaluate the problem reported by Customer

    -        Identify or confirm, if already identified, the problem

    -        If possible, retrieve the data

    -        Any other services requested by Customer and agreed by Data Retrieval

    Data Retrieval will endeavour to perform the data recovery services within the timeframe agreed with the Customer or, if no timeframe is agreed, within a reasonable time.

    Confidentiality

    Data Retrieval will use any information contained in the data, media and/or equipment provided to Data Retrieval by Customer (“Customer Information”) only for the purpose of fulfilling the engagement and, will otherwise, hold such Customer Information in the strictest confidence.

    Any Customer Information disclosed by Customer to Data Retrieval as part of the engagement will remain the Customer’s (or relevant owner’s) sole property, and Data Retrieval shall employ reasonable measures to prevent the unauthorised use of such Customer Information, which measures shall not be less than those measures employed by Data Retrieval in protecting its own confidential information.

    Data Retrieval will not disclose Customer Information except to employees reasonably requiring such information (and who have signed confidentiality agreements with Data Retrieval) and not to any other party except if required by law.

    Data Retrieval will employ appropriate technical and organisational measures to safeguard any Customer Information, including personal data, and will act only on the instruction of the Customer with respect to such information.

    Data Retrieval has sister companies in France and the USA and Customer hereby agrees to the transfer of Customer Information to Data Retrieval affiliates as needed for the sole purpose of performing the engagement.

    Payment

    Customer agrees to pay Data Retrieval all sums due and as always previously notified by Data Retrieval in writing which will typically comprise of charges for the services (including parts and labour), return shipping and actual expenses for back up media used in the engagement.

    All such sums are due and payable in advance by bank transfer or credit or debit card. Customer understands and agrees that credit or debit card details will be processed by bank credit card terminal and will not be stored on Data Retrieval’s systems.

    The Data Retrieval quality commitment

    In this clause, Data means all user files (such as documents, photos, videos and music), but excludes system files such as software programmes and operating systems.

    For every engagement, Data Retrieval will endeavour to recover 85% or more of the Customer’s Data in the same usable file format as had been previously held on Customer media prior to the data loss incident.

    In the event that Data Retrieval ascertains that it will be unable to recover 85% or more of Customer’s Data and / or the files have suffered irreparable harm as a result of the data loss incident, then Data Retrieval will communicate such findings to the Customer via phone and email and will ask Customer whether it wishes Data Retrieval to proceed with the recovery.

    If Customer communicates in writing (including email) that it wishes to proceed, the recovered Data will be sent on a new storage device to Customer by our courier and if requested the Customer’s original media.

    Consent

    If consent is required of either party for performance of any aspect of the engagement, such consent will be effective if provided in writing (including by email), or verbally if such verbal authorisation is followed by written confirmation at the earliest possible opportunity, and/or email provided receipt of which is acknowledged by the receiving party.

    Acknowledgment of Existing Condition

    By confirming an Order, Customer acknowledges that the equipment/data/media may be damaged prior to Data Retrieval’s receipt, and Customer further acknowledges that the efforts of Data Retrieval to complete the engagement may result in the destruction of or further damage to the equipment/data/media. Data Retrieval will take reasonable care but regrets that it will otherwise not assume responsibility for existing or additional damage that may occur to Customer’s equipment/data/media during Data Retrieval’s efforts to complete the engagement.

    Limitation of Liability

    Data Retrieval does not exclude or limit in any way any liability that cannot be restricted or excluded as a matter of law, and these Terms and Conditions are to be interpreted accordingly.

    If Data Retrieval fails to take reasonable care in providing the Data Recovery Services, Data Retrieval will use reasonable endeavours to correct its performance and repair any damage caused at no additional cost to the Customer. Alternatively, if it is not possible for Data Retrieval to correct its performance, the Customer will be entitled to an appropriate reduction in the price payable for the Data Recovery Services.

    If any recovered data is furnished by Data Retrieval to the Customer on a durable medium as part of the Data Recovery Services, such durable medium will be of satisfactory quality and reasonably fit for the purpose for which Data Retrieval has provided such durable medium to the Customer, for a reasonable period following delivery of such durable medium to the Customer. If such durable medium does not conform to the standards set out in this section, Data Retrieval’s sole liability, and the Customer’s sole remedy, in respect of such non-conforming good is repair or replacement of the relevant durable medium at the sole cost of Data Retrieval.  However, it is the responsibility of the Customer to maintain a backup copy of any recovered data at all times.

    Under no circumstances will Data Retrieval accept any liability for any of the following whatever the cause, subject to taking reasonable skill and care:  

    -        Loss of or damage to data

    -        Loss of profits, sales, business or revenues

    -        Any indirect or consequential loss, cost or expense of any nature whatsoever

    Data Retrieval’s total liability (in contract, negligence or otherwise) to Customer in connection with any Data Recovery Services shall in no event exceed the total sums payable under the relevant engagement by Customer to Data Retrieval.

    Where Customer instructs its own shipping company for shipping of any Customer media to Data Retrieval, then Data Retrieval shall not assume any liability whatsoever in case the device/media suffers any damage and/or loss during shipping. Data Retrieval recommends that Customer takes out insurance to cover any risks. 

    Customer’s Representation and Indemnification

    Data Retrieval is not liable to any third party for any loss such third party may suffer in connection with the Data Recovery Services, including but not limited to any damage to, or loss or disclosure of, any equipment, data (including any incidental data stored on any equipment) or media furnished to Data Retrieval by the Customer in connection with the Data Recovery Services.

    Customer warrants and undertakes to Data Retrieval that it is the owner of, and/or has the right to be in possession of, all equipment, data or media furnished to Data Retrieval, that it has the full authority to engage Data Retrieval to perform the Data Recovery Services for such equipment, data or media and that the collection, possession, processing and transfer of such equipment data or media as part of the Data Recovery Services is in compliance with data protection laws to which Customer is subject.

    The Customer further warrants and undertakes that it will only use the Data Recovery Services for its own use (being, where Customer is a consumer, personal domestic and private use and, where Customer is a business, for internal use by Customer’s business) and will not resell Data Retrieval’s services to any third party or pass off (or attempt to pass off) any of Data Retrieval’s services as its own.

    Customer will defend, at its expense, indemnify, and hold Data Retrieval harmless against any damages or expenses that may occur (including reasonable legal fees), and pay any cost, damages, or attorneys’ fees awarded against Data Retrieval resulting from Customer’s breach of this section.

    Abandonment and disposal of equipment/data/media

    If the Customer fails to provide Data Retrieval with adequate instructions or payment for the return of any data, media, equipment or hardware (including but not limited to provision of an up-to-date address for delivery), Data Retrieval will retain such items for ninety (90) days following a response deadline following which the items will be considered abandoned by the Customer and will be disposed of or destroyed (including all data or media containing data) in the sole discretion of Data Retrieval.

    Other Terms

    These Terms and Conditions and all associated contracts are governed by English Law and any related dispute or claim will be determined by the English courts (provided that this shall not exclude the right of a consumer in Scotland and Northern Ireland to bring claims there).

    The parties agree that if any provision of these Terms and Conditions is held unenforceable, the validity of the remaining portions or provisions of these Terms and Conditions shall not be affected. Any revision or modification of these Terms and Conditions shall be effective only if it refers to these Terms and Conditions, in writing, and is signed by an authorised representative of each party.

    Before confirming your order, check the order and these Terms and Conditions carefully, and print or save a copy of these Terms and Conditions for future reference. By sending your drive to Data Retrieval or dropping it to its offices, Customer agrees that it accepts these Terms and Conditions for the engagement.

    Acceptance of these Terms and Conditions is effective to bind the Customer and as such is admissible in any court and/or for any lawful purpose. These Terms and Conditions, together with any details set out in the order process, and our Privacy Policy constitutes the whole Agreement between the parties in relation to this subject matter. Terms of purchase of the Customer are excluded.

    Data Protection

    The information provided by Customer, will be held and used subject to our Privacy Policy.  Data Retrieval may use that information for administering Customer’s account and to carry out the engagement.

    Subject to the terms of the Privacy Policy, Customer information will be disclosed to employees of Data Retrieval, and/or carefully selected organisations who may contact Customer by mail or by telephone on behalf of Data Retrieval regarding the order Customer has placed. Customer may apply for a copy of the information that Data Retrieval or Data Retrieval holds about them and has the right to have any inaccuracies corrected.

    These Terms and Conditions apply to any confirmed order for Data Recovery Services you (the “Customer“) order from Data Retrieval (“Data Retrieval“)

     

    The Engagement

    By confirming an order, Customer engages Data Retrieval (directly or through its suppliers) to provide, with reasonable care and skill, the following services (each an “engagement”):

    -        Inspect and evaluate the problem reported by Customer

    -        Identify or confirm, if already identified, the problem

    -        If possible, retrieve the data

    -        Any other services requested by Customer and agreed by Data Retrieval

    Data Retrieval will endeavour to perform the data recovery services within the timeframe agreed with the Customer or, if no timeframe is agreed, within a reasonable time.

    Confidentiality

    Data Retrieval will use any information contained in the data, media and/or equipment provided to Data Retrieval by Customer (“Customer Information”) only for the purpose of fulfilling the engagement and, will otherwise, hold such Customer Information in the strictest confidence.

    Any Customer Information disclosed by Customer to Data Retrieval as part of the engagement will remain the Customer’s (or relevant owner’s) sole property, and Data Retrieval shall employ reasonable measures to prevent the unauthorised use of such Customer Information, which measures shall not be less than those measures employed by Data Retrieval in protecting its own confidential information.

    Data Retrieval will not disclose Customer Information except to employees reasonably requiring such information (and who have signed confidentiality agreements with Data Retrieval) and not to any other party except if required by law.

    Data Retrieval will employ appropriate technical and organisational measures to safeguard any Customer Information, including personal data, and will act only on the instruction of the Customer with respect to such information.

    Data Retrieval has sister companies in France and the USA and Customer hereby agrees to the transfer of Customer Information to Data Retrieval affiliates as needed for the sole purpose of performing the engagement.

    Payment

    Customer agrees to pay Data Retrieval all sums due and as always previously notified by Data Retrieval in writing which will typically comprise of charges for the services (including parts and labour), return shipping and actual expenses for back up media used in the engagement.

    All such sums are due and payable in advance by bank transfer or credit or debit card. Customer understands and agrees that credit or debit card details will be processed by bank credit card terminal and will not be stored on Data Retrieval’s systems.

    The Data Retrieval quality commitment

    In this clause, Data means all user files (such as documents, photos, videos and music), but excludes system files such as software programmes and operating systems.

    For every engagement, Data Retrieval will endeavour to recover 85% or more of the Customer’s Data in the same usable file format as had been previously held on Customer media prior to the data loss incident.

    In the event that Data Retrieval ascertains that it will be unable to recover 85% or more of Customer’s Data and / or the files have suffered irreparable harm as a result of the data loss incident, then Data Retrieval will communicate such findings to the Customer via phone and email and will ask Customer whether it wishes Data Retrieval to proceed with the recovery.

    If Customer communicates in writing (including email) that it wishes to proceed, the recovered Data will be sent on a new storage device to Customer by our courier and if requested the Customer’s original media.

    Consent

    If consent is required of either party for performance of any aspect of the engagement, such consent will be effective if provided in writing (including by email), or verbally if such verbal authorisation is followed by written confirmation at the earliest possible opportunity, and/or email provided receipt of which is acknowledged by the receiving party.

    Acknowledgment of Existing Condition

    By confirming an Order, Customer acknowledges that the equipment/data/media may be damaged prior to Data Retrieval’s receipt, and Customer further acknowledges that the efforts of Data Retrieval to complete the engagement may result in the destruction of or further damage to the equipment/data/media. Data Retrieval will take reasonable care but regrets that it will otherwise not assume responsibility for existing or additional damage that may occur to Customer’s equipment/data/media during Data Retrieval’s efforts to complete the engagement.

    Limitation of Liability

    Data Retrieval does not exclude or limit in any way any liability that cannot be restricted or excluded as a matter of law, and these Terms and Conditions are to be interpreted accordingly.

    If Data Retrieval fails to take reasonable care in providing the Data Recovery Services, Data Retrieval will use reasonable endeavours to correct its performance and repair any damage caused at no additional cost to the Customer. Alternatively, if it is not possible for Data Retrieval to correct its performance, the Customer will be entitled to an appropriate reduction in the price payable for the Data Recovery Services.

    If any recovered data is furnished by Data Retrieval to the Customer on a durable medium as part of the Data Recovery Services, such durable medium will be of satisfactory quality and reasonably fit for the purpose for which Data Retrieval has provided such durable medium to the Customer, for a reasonable period following delivery of such durable medium to the Customer. If such durable medium does not conform to the standards set out in this section, Data Retrieval’s sole liability, and the Customer’s sole remedy, in respect of such non-conforming good is repair or replacement of the relevant durable medium at the sole cost of Data Retrieval.  However, it is the responsibility of the Customer to maintain a backup copy of any recovered data at all times.

    Under no circumstances will Data Retrieval accept any liability for any of the following whatever the cause, subject to taking reasonable skill and care:  

    -        Loss of or damage to data

    -        Loss of profits, sales, business or revenues

    -        Any indirect or consequential loss, cost or expense of any nature whatsoever

    Data Retrieval’s total liability (in contract, negligence or otherwise) to Customer in connection with any Data Recovery Services shall in no event exceed the total sums payable under the relevant engagement by Customer to Data Retrieval.

    Where Customer instructs its own shipping company for shipping of any Customer media to Data Retrieval, then Data Retrieval shall not assume any liability whatsoever in case the device/media suffers any damage and/or loss during shipping. Data Retrieval recommends that Customer takes out insurance to cover any risks. 

    Customer’s Representation and Indemnification

    Data Retrieval is not liable to any third party for any loss such third party may suffer in connection with the Data Recovery Services, including but not limited to any damage to, or loss or disclosure of, any equipment, data (including any incidental data stored on any equipment) or media furnished to Data Retrieval by the Customer in connection with the Data Recovery Services.

    Customer warrants and undertakes to Data Retrieval that it is the owner of, and/or has the right to be in possession of, all equipment, data or media furnished to Data Retrieval, that it has the full authority to engage Data Retrieval to perform the Data Recovery Services for such equipment, data or media and that the collection, possession, processing and transfer of such equipment data or media as part of the Data Recovery Services is in compliance with data protection laws to which Customer is subject.

    The Customer further warrants and undertakes that it will only use the Data Recovery Services for its own use (being, where Customer is a consumer, personal domestic and private use and, where Customer is a business, for internal use by Customer’s business) and will not resell Data Retrieval’s services to any third party or pass off (or attempt to pass off) any of Data Retrieval’s services as its own.

    Customer will defend, at its expense, indemnify, and hold Data Retrieval harmless against any damages or expenses that may occur (including reasonable legal fees), and pay any cost, damages, or attorneys’ fees awarded against Data Retrieval resulting from Customer’s breach of this section.

    Abandonment and disposal of equipment/data/media

    If the Customer fails to provide Data Retrieval with adequate instructions or payment for the return of any data, media, equipment or hardware (including but not limited to provision of an up-to-date address for delivery), Data Retrieval will retain such items for ninety (90) days following a response deadline following which the items will be considered abandoned by the Customer and will be disposed of or destroyed (including all data or media containing data) in the sole discretion of Data Retrieval.

    Other Terms

    These Terms and Conditions and all associated contracts are governed by English Law and any related dispute or claim will be determined by the English courts (provided that this shall not exclude the right of a consumer in Scotland and Northern Ireland to bring claims there).

    The parties agree that if any provision of these Terms and Conditions is held unenforceable, the validity of the remaining portions or provisions of these Terms and Conditions shall not be affected. Any revision or modification of these Terms and Conditions shall be effective only if it refers to these Terms and Conditions, in writing, and is signed by an authorised representative of each party.

    Before confirming your order, check the order and these Terms and Conditions carefully, and print or save a copy of these Terms and Conditions for future reference. By sending your drive to Data Retrieval or dropping it to its offices, Customer agrees that it accepts these Terms and Conditions for the engagement.

    Acceptance of these Terms and Conditions is effective to bind the Customer and as such is admissible in any court and/or for any lawful purpose. These Terms and Conditions, together with any details set out in the order process, and our Privacy Policy constitutes the whole Agreement between the parties in relation to this subject matter. Terms of purchase of the Customer are excluded.

    Data Protection

    The information provided by Customer, will be held and used subject to our Privacy Policy.  Data Retrieval may use that information for administering Customer’s account and to carry out the engagement.

    Subject to the terms of the Privacy Policy, Customer information will be disclosed to employees of Data Retrieval, and/or carefully selected organisations who may contact Customer by mail or by telephone on behalf of Data Retrieval regarding the order Customer has placed. Customer may apply for a copy of the information that Data Retrieval or Data Retrieval holds about them and has the right to have any inaccuracies corrected.