Data Recovery - Terms and Conditions of Service

General Information

1. In these terms and conditions, references to “DataRescue” relates to DataTrust Limited t/a DataRescue. The term “Client” or “Customer” relates to any person, firm, company or any other party that sends media to DataRescue for diagnostics or data recovery.
2. As part of its diagnostic/evaluation process, DataRescue 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.
3. As part of its recovery process, DataRescue will endeavour to retrieve or replicate the maximum amount of data from the client’s media.
4. DataRescue’s days of business are defined as Monday to Friday, excluding any public holiday. Business hours are defined as 9.30am 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.
5. DataRescue 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.

Estimates, Quotations and Payments

1. All Fixed Price Quotations offered by DataRescue are valid for a period of seven days, unless otherwise agreed. After this period the quotation may alter without notification.
2. All prices quoted by representatives of DataRescue are exclusive of VAT ( Republic of Ireland Rates )
3. Acceptance of a quotation may be given in writing, verbally in person or via telephone, or electronic mail. DataRescue reserves the right not to commence any recovery work until approval is given.
4. In the event that the client decides not to proceed with the recovery of data, after approval has been given, DataRescue reserves the right to charge the client for any work and / or parts used to date. This charge is at the discretion of DataRescue and may be equal to, but not exceed, the total approved amount for the recovery process.
5. The client understands that payment is due in full upon completion of the data recovery process and always prior to the release of data and/or original media (whether shipped, picked up or downloaded). All data will only ever be released on a Cleared Funds Basis.
6. DataRescue reserves the right to dispose of media which have been unclaimed for after 14 days without notice to the client. DataRescue will dispose of media which has been evaluated after the client has been emailed a fixed price quotation if the client does not respond to the quotation after 14 days.

Confidentiality

1. As part of its confidentiality policy, DataRescue agrees not to disclose any/all information or data files supplied with, stored on, or recovered from client equipment except to employees or agents of DataRescue subject to confidentiality agreements or as required by law, without the consent of the client.
2. DataRescue agrees to only use authorised data recovery engineers, and that all media supplied to DataRescue will be stored in a secure manner at one of its 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. All data recovered from a client’s media is stored on secure severs and, until release to client, is always encrypted using AES256 Encryption.
4. The client understands that DataRescue is not responsible if any information relating the client’s media content falls in the possession of someone who is not the client. The client understands that DataRescue will provide information regarding the recovery content and contents to persons which they believe are claiming to the client or a relative of the client or are calling on the client’s behalf.

Diagnostics and Recovery Processes

1. All diagnostic reports are provided to the client via telephone or electronic mail, unless otherwise agreed by a representative of DataRescue.
2. Due to the nature of data recovery, our technicians may be required to carry out physical work on the media/data/equipment made available to DataRescue. Therefore, the client acknowledges that (a) the media/data/equipment is already damaged, (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) DataRescue is not responsible for this or any other type of damage.
3. On rare occasions, DataRescue may require the client to cover some of the cost of attempting the recovery. This request will only apply when the recovery is complex, the failed media has been opened previously, the media’s warranty seals are broken or when severe damage has occurred and only as a no-obligation, fixed price quotation, and is not offered as part of DataRescue “no recovery, no fee” service.
4. DataRescue agrees that any payment for a recovery will only be processed in the event that data is successfully recovered from the client’s media. The client understands that due to the complex nature of data recovery, it is not always possible to recover all the information from the client’s media. DataRescue makes no provisions for the completeness, relevance or importance of the data recovered for the client unless otherwise agreed in writing by DataRescue and the client.
5. DataRescue reserves the right to send or redirect any equipment or media received at any of our premises to the most suitable location for data recovery. This includes making use of affiliate or parent company laboratory facilities. In these instances DataRescue will use a courier for the transport of the media or equipment. The client agrees that a) DataRescue will assume the costs of this transportation and b) DataRescue are not responsible for any damage or loss to any items transported as part of the overall aim to recover the client’s lost data.
6. DataRescue reserves the right to charge an evaluation fee of €120.00 per media where there is evidence of the media warranty seals having been broken. This fee is non refundable and payable in advance of any troubleshooting being carried out

Performance, Delivery & Carriage

1. DataRescue agrees to return all recovered data on suitable media. Examples of this include, but are not limited to, CD-ROM, DVD-r or a replacement hard drive. As part of its standard data recovery service DataRescue currently returns a maximum of 1GB of data on CD-ROM and 15GB of data on DVD-r. DataRescue reserves the right to refuse to return, or charge the client an agreed amount for returning, data on these forms of media when the recovered data exceeds these limits. 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 DataRescue.
2. All replacement media has a warranty period of seven calendar days from the date of dispatch from any of DataRescue offices, during which time DataRescue will replace or repair any goods deemed to be faulty. After this time period, any warranty lays solely with the manufacturer of the goods and not with DataRescue. If, after a time period of three working days, any further data recovery services are required from a returned media, it shall be charged at DataRescue standard rate.
3. All data recovered by DataRescue is returned to the client via a next day traceable service e.g. An Post Registered Next Day Delivery etc. However, other arrangements for the return of client’s data may be arranged. On occasions DataRescue reserves the right to charge the client for the postal service provided and any associated administration fees. This charge is in addition to the charge agreed for the data recovery process.
4. DataRescue 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 DataRescue.
5. 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 DataRescue, must be notified in writing within seven calendar days of delivery. Claims made outside of this time period may only be resolved at the sole discretion of DataRescue.
6. The client and DataRescue agree that the sole and exclusive remedy for any unsatisfactory work shall be solely at DataRescue discretion. DataRescue reserves the right to either (a) try additional attempts by DataRescue engineer to remedy any unsatisfactory work, or (b) to refund the amount paid by the client in full or part.
7. All media sent to DataRescue for data recovery may be retained within one of its international offices for a period of up to fourteen days after the completion of the data recovery service. During this time period, the client may request their media to be returned. DataRescue reserves the right to charge a fee to cover the cost of postage and/or packaging in these circumstances. Any media left with DataRescue after this time will be securely disposed of in an ecological manner, at which time DataRescue shall hold no liability to the client or any third party.
8. The client understands that all media returned as part of DataRescue free return service is provided via An Post’s standard postal service, unless otherwise agreed by a representative of DataRescue. As this service is non-traceable, DataRescue holds no responsibility for any media lost or damaged within the postal network.
9. The client understands that DataRescue does not offer any guarantees or warranties of any kind and that the extent of any DataRescue liability to the client is strictly limited to the fees you pay DataRescue for its data recovery service.
10. The client understands that all media which is requested for return by the client may take up to 21 working days for dispatch from the date of request. The client understands this time is required to locate, assemble, package and post the media.

Data Integrity

1. The client accepts that DataRescue will not examine the contents of any files contained on the media supplied to them. DataRescue further accepts no responsibility whatsoever for the contents, integrity, functionality, corruption or usefulness of any data recovered. Data checking of any files is available at extra cost at the sole discretion of DataRescue.

Legality

1. The client agrees that all media and its content provided to DataRescue is legal and the lawful possession of the client and that the client has the legal right to request data recovery services, as described under the Laws of Republic of Ireland.