TERMS AND CONDITIONS
1. General Information
1.1. In these terms and conditions, references to "Data Recovery Specialists" relates to DISK DOCTORSM (Liliya Sharanych), affiliate partners of Fields Data Recovery. The term "Client" or "Customer" relates to any person, firm, company or any other party that sends media to DISK DOCTORSM for diagnostics or data recovery, conversion or forensic interrogation.
1.2 The word "Full" or phrase "Full Recovery", when used in relation to the process of data recovery or the amount of data recovered relates solely to the amount of data that has been able to be recovered from the media and not to the amount of data originally contained on the media.
1.3. As part of its diagnostic process, DISK DOCTORSM agrees to use its best commercial knowledge and expertise to determine the probability of and, where possible, the volume of recoverable data from the client’s media.
1.4. As part of its recovery process, DISK DOCTORSM will endeavour to retrieve or replicate the maximum amount of data from the client’s media.
1.5. Days of business are defined as Monday to Saturday, excluding any public holiday. Business hours are defined as 9:00AM to 6:00PM. Data Recovery services may be provided outside of these hours. Any diagnostic and/or recovery services provided outside of these hours shall be carried out at an agreed rate on a case-by-case basis.
1.6. DISK DOCTORSM will use all reasonable endeavours to achieve reasonable response times. However, unless otherwise agreed, failure to achieve any response times is not a contractual obligation.
2. Estimates, Quotations and Payments
2.1. All Fixed Price Quotations offered by DISK DOCTORSM are valid for a period of 7 days, unless otherwise agreed. After this period the quotation may alter without notification.
2.2. All prices quoted by representatives of DISK DOCTORSM are exclusive of VAT.
2.3. Acceptance of a quotation may be given in writing, via telephone or electronic mail. DISK DOCTORSM reserves the right not to commence any recovery or conversion work until approval is given.
2.4. In the event that the client decides not to proceed with the recovery of data, after approval has been given, DISK DOCTORSM reserves the right to charge the client for any work and / or parts used to date. This charge is at the discretion of DISK DOCTORSM and may be equal to, but not exceed, the total approved amount for the recovery process.
2.5. The client understands that payment is due in full upon completion of the data recovery process and prior to the release of data and/or original media (whether shipped, picked up or downloaded), unless otherwise agreed. Payment can be made via cash or bank transfers. On occasions DISK DOCTORSM may reserve the right to demand that any payment be cleared in full before the data is released to the client.
3.1. As part of its confidentiality policy, DISK DOCTORSM agrees not to disclose any/all information or data files supplied with, stored on, or recovered from client equipment except to employees, agents or cleanroom-patners of DISK DOCTORSM subject to confidentiality agreements or as required by law, without the consent of the client. DISK DOCTORSM will use any information contained in the data, media and/or equipment provided to DISK DOCTORSM by Customer ("Customer Information") only for the purpose of fulfilling the engagement and in accordance with the Data Protection Act, and will otherwise hold such Customer Information in the strictest confidence.
3.2. All media supplied to DISK DOCTORSM will be stored in a secure manner at one of its, or it's cleanroom-patners premises. The client understands that the location of storage may not be the same as the location to which the media was originally shipped.
3.3. All data recovered from a client’s media is stored on secure severs. Any Confidential Information disclosed by Customer under this agreement will remain the owner’s sole property, and DISK DOCTORSM shall employ reasonable measures to prevent the unauthorised use of Customer Information, which measures shall not be less than those measures employed by DISK DOCTORSM in protecting its own confidential information.
3.4 DISK DOCTORSM will not disclose Confidential Information except to employees or cleanroom-partners reasonably requiring such information (and who have secrecy obligations to DISK DOCTORSM) and not to any other party except as required by law. DISK DOCTORSM 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.
3.5 All data will be securely destroyed by DISK DOCTORSM or their affiliates on successful project completion. Destruction includes multi-pass erasing/overwriting for images and degaussing or granulation and/or puncturing of platters of any unwanted media.
3.6 All third parties or cleanroom-partners, will adhere to the confidentiality duty included in this agreement.
4. Diagnostics and Recovery Processes
4.1. All diagnostic reports are provided to the client via telephone or electronic mail, unless otherwise agreed by a representative of DISK DOCTORSM.
4.2. Due to the nature of data recovery and conversion, our technicians may be required to carry out physical work on the media/data/equipment made available to DISK DOCTORSM. Therefore, the client acknowledges that
(a) the media/data/equipment may already be damaged or corrupted,
(b) data recovery efforts may result in further damage to the media/data/equipment
(c) the media/data/equipment warranties may become void, and
(d) DISK DOCTORSM is not responsible for this or any other type of damage.
4.3. The client is aware that on occasions, DISK DOCTORSM may be required to use additional media to continue with the diagnostic phase and/or carry out its recovery efforts. Examples of this include, but are not limited to, spare parts for disk drives and specific adaptors or connectors (further referes to as "needed additional parts"). DISK DOCTORSM will search for that needed additional parts and in case the client aggree with that additional cost he has to provide that to DISK DOCTORSM. If after payment has been made, data is subsequently deemed unrecoverable by DISK DOCTORSM and another data recovery company provides a different assessment, we will refund this prior agreed cost in full except the cost of provided needed additional parts.
4.4. On rare occasions, DISK DOCTORSM may require the client to cover some of the cost of attempting the recovery or conversion. This request will only apply when the recovery or conversion is complex or when severe damage has occurred and only as a no-obligation, fixed price quotation, and is not offered as part of DISK DOCTORSM’s "no recovery, no fee" service. Please note that this charge, as with all charges made by DISK DOCTORSM, is not obligatory and the client is under no way obliged to proceed. Where the client has paid to cover some of the cost of attempting the recovery upfront and the data is subsequently deemed unrecoverable by us, we will refund the cost should another data recovery company provide a different assessment to ours.
4.5. The client understands that due to the complex nature of data recovery, it is not always possible to recover or convert all the information from the client’s media or any media at all. DISK DOCTORSM makes no provisions for the completeness, relevance or importance of the data recovered for the client unless otherwise agreed in writing by DISK DOCTORSM and the client.
5. Performance, Delivery & Carriage
5.1. DISK DOCTORSM agrees to return all recovered data on suitable media. Examples of this include, but are not limited to flash memory, FTP or a replacement hard drive.
5.2. The client must pay an agreed amount for any replacement media and this amount is in addition to the costs agreed for the data recovery service unless otherwise agreed in writing by a representative of DISK DOCTORSM.
5.3. DISK DOCTORSM holds no responsibility for delays caused as a result of the postal network. In these circumstances no compensation will be given for loss of profits, inconvenience etc., unless previously agreed by DISK DOCTORSM.
5.4. The client agrees to inspect or to procure to inspect the goods delivered at the earliest opportunity after delivery or attempted delivery and in any event within five calendar days of delivery or attempted delivery. Any claims for shortfall in delivery of goods, or claims that the goods do not comply with the order agreed with DISK DOCTORSM, must be notified in writing within seven calendar days of delivery. Claims made outside of this time period may only be resolved at the discretion of DISK DOCTORSM.
5.5. DISK DOCTORSM will retain a copy of your recovered data for a period of 14 days from the date of the delivery to the client. During this period DISK DOCTORSM will answer any queries concerning the recovered data and, if required, provide further copies. On occasions, with the client’s consent, DISK DOCTORSM may retain a copy of your recovered data and/or digital image beyond this point. In circumstances such as these, DISK DOCTORSM reserves the right to charge a fee for duplicate copies of data, data storage, management and security.
5.6. The client and DISK DOCTORSM agree that the sole and exclusive remedy for any unsatisfactory work shall be at DISK DOCTORSM’s discretion. DISK DOCTORSM reserves the right to either
(a) try additional attempts by DISK DOCTORSM to remedy any unsatisfactory work, or
(b) to refund the amount paid by the client in full or part.
5.7. The client understands that DISK DOCTORSM does not offer any guarantees or warranties of any kind and that the extent of any DISK DOCTORSM’s liability to the client is strictly limited to the fees you pay DISK DOCTORSM for its data recovery service.
5.8. Whilst we will use our best endeavours to recover the client’s data , the client understands that any prior agreed insurance offered by DISK DOCTORSM will only cover the cost of replacement media and not data thereon, or subsequent consequential losses.
6. Data Integrity
6.1. The client accepts that DISK DOCTORSM will not examine the contents of any file contained on the media supplied to them unless it is in our professional opinion required for the data recovery and/or reunite of RAID-arrays. DISK DOCTORSM will keep the client's data confidential in any aspect beyond the above mentioned casees.
6.2. DISK DOCTORSM gives an integrity percentage of any data recovered. This is an estimate only and is derived using software. This process does not guarantee the level of integrity and may vary depending on various factors including, but not limited to, the file type and whether or not it is encrypted. The percentage given is a estimate only.
6.3. DISK DOCTORSM accepts no responsibility or liability whatsoever for the contents, integrity, functionality, corruption or usefulness of the data recovered.
6.4. Whilst every effort is made to recover as much data as possible from any media received and any specific files requested by the client the recovery process is such that it is not specific and the sale of data is generic and based purely on the amount of data recovered and the labour in recovering that data. Therefore, should the client wish to know what files have been recovered they should request a file list from their account manager in writing or by email. This is the client's responsibility and a file list will not be provided unless requested from DISK DOCTORSM in writing or by email by the client. The file list shows the files recovered. DISK DOCTORSM gives no guarantee as to the integrity of the data shown on the file list or any other data recovered.
7.1. The client agrees that all media and its content provided to DISK DOCTORSM is legal and the lawful possession of the client and that the client has the legal right to request data recovery services.
7.2. Should a individual provision of this contract be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the validity of the remainder of the rest remains unaffected.
7.3. The ineffective or unenforceable contractual provision shall be replaced by an effective and enforceable contractual provision whose effects come closest to the economic purpose pursued by the contracting parties with the invalid or unenforceable contractual provision. The above contractual provision shall apply mutatis mutandis in the event that the contract proves to be incomplete