Datatrack Labs Ltd- Client Terms and Conditions of Service
1. General Information
1.1. In these terms and conditions, references to "Datatrack Labs" relates to Datatrack Labs Ltd. The term "Client" or "Customer" relates to any person, firm, company or any other party that sends media to Datatrack Labs Ltd for diagnostics or data recovery.
1.2. As part of its diagnostic/evaluation process, Datatrack Labs Ltd 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.
1.3. As part of its recovery process, Datatrack Labs Ltd will endeavour to retrieve or replicate the maximum amount of data from the client's media.
1.4. Datatrack Labs Ltd days of business are defined as Monday to Friday, excluding any public holiday.
Business hours are defined as 9.00AM to 5.00PM. 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.
1.5. Datatrack Labs Ltd 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.
1.6 Datatrack Labs Ltd from time to time will offer discounts for their services. These discounts are only available is payment for the recovery is completed within 7 days of payment demand. If payment is not completed in this 7 day window, the full recovery fee is required.
1.7 The client understands that Datatrack Labs Ltd do not apply weekends, national holidays or shutdowns when referring to days. Datatrack Labs Ltd may quote a recovery or return may take x amount of days, these days are Monday to Friday only and exclude national holidays and pre determined shutdowns.
1.8 Due to the nature of Data recovery and the associated service time’s chosen by the client themselves for recovery of their data, upon formal approval (verbal or written) of any of our service options listed on the clients media evaluation report (Economy, Rapid or Emergency) the client, whether commercial or domestic, understands that they waiver any entitlement to the 14 day cooling-off period for customers outlined within current U.K. trading regulations for business.
2. Estimates, Quotations and Payments
2.1. All Fixed Price Quotations offered by Datatrack Labs Ltd are valid for a period of seven days, unless otherwise agreed. After this period the quotation may alter without notification.
2.2. All prices quoted by representatives of Datatrack Labs Ltd are exclusive of VAT (currently 20% of the total amount payable).
2.3. Acceptance of a quotation may be given in writing, verbally in person or via telephone, or electronic mail. Datatrack Labs Ltd reserves the right not to commence any recovery 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, Datatrack Labs Ltd reserves the right to charge the client for any work and / or parts used to date. This charge is at the discretion of Datatrack Labs Ltd 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 Credit/Debit card (VISA, MasterCard, Switch, Maestro, Electron etc), company or personal cheque or bank transfers. On occasions Datatrack Labs Ltd may reserve the right to demand that any payment be cleared in full before the data is released to the client.
2.6. Datatrack Labs Ltd reserves the right to charge interest and/or administration fees for any payments outstanding after the specified due date. The current interest rate charged by Datatrack Labs Ltd is 1.5% for each month the payment is outstanding. The current rates charged for administration are as follows: late payment; £75 for each calendar month outstanding, £10 for each telephone communication regarding any outstanding balance, £30 for each letter issued regarding any outstanding balance and £10 for a copy of the original invoice. All amounts listed exclude VAT.
2.7 The client understands that if Datatrack Labs Ltd prove that a full data recovery is possible after the recovery has been approved, the full recovery amount is payable within 7 days. The client understands that failure to complete recovery payment may result in further penalties and service fees.
2.8 Datatrack Labs Ltd reserves the right to dispose of media which have been unclaimed for after 14 days without notice to the client. Datatrack Labs Ltd 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.
2.9 Datatrack Labs Ltd reserve the right to start charging storage fees of £1 per day after 14 days have without notice to the client. If any media be left with Datatrack Labs Ltd after 14 days once the quotation has been provided with no contact from the client, the client will be charge £1 per day per media until further notice or the items destruction.
2.10 Datatrack Labs Ltd reserve the right to dispose of any parts, components or cables without notice to the client. Items such as external hard drive cases, caddy's, cables, power supplies are considered to be un-required and of no commercial value may be disposed of without prior notice to the client.
2.11 Data Encryption. If a hard drive or device is found to have data encryption during the recovery process, an additional fee of £120 is payable in order to decrypt the data.
2.12 The client understands that Datatrack Labs Ltd may offer different levels of service depending on how quickly the client requires the data. The client understands that Datatrack Labs Ltd will charge a supplement of £1000 for an Emergency service (24 – 72 hours) or £500 for a Rapid service (7 – 14 days). The client also understands that if an emergency or rapid service is requested, this is the final fee they will pay even if the recovery takes longer than the time frame stated. These prices are for hard drive data recovery only.
2.13 Special offer pricing. The client understands that all special offers on offered on our economy service which is based on a turnaround time of 14 days or more.
3.1. As part of its confidentiality policy, Datatrack Labs Ltd 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 Datatrack Labs Ltd subject to confidentiality agreements or as required by law, without the consent of the client.
3.2. Datatrack Labs Ltd agrees to only use authorised data recovery engineers, and that all media supplied to Datatrack Labs Ltd 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.
3.3. All data recovered from a client's media is stored on secure severs in accordance with the Data Protection Act 1998.
3.4. The client understands that Datatrack Labs Ltd 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 Datatrack Labs Ltd 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 clients behalf.
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 Datatrack Labs Ltd.
4.2. 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 Datatrack Labs Ltd. 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) Datatrack Labs Ltd is not responsible for this or any other type of damage.
4.3. The client is aware that on occasions, Datatrack Labs Ltd 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. Datatrack Labs Ltd reserves the right to charge the client for such additional media at an agreed cost.
4.4. On rare occasions, Datatrack Labs Ltd 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 Datatrack Labs Ltd "no recovery, no fee" service.
4.5. Datatrack Labs Ltd 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. Datatrack Labs Ltd makes no provisions for the completeness, relevance or importance of the data recovered for the client unless otherwise agreed in writing by Datatrack Labs Ltd and the client.
4.6. Datatrack Labs Ltd 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 Datatrack Labs Ltd will use a courier for the transport of the media or equipment. The client agrees that a) Datatrack Labs Ltd will assume the costs of this transportation and b) Datatrack Labs Ltd 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.
4.7 Datatrack Labs Ltd reserves the right to charge an evaluation fee of £195 per media where there is evidence of the media warranty seals having been broken. This fee is non refundable.
5. Performance, Delivery & Carriage
5.1. Datatrack Labs Ltd 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 Datatrack Labs Ltd currently returns a maximum of 1 GB of data on CD-ROM and 12 GB of data on DVD-r. Datatrack Labs Ltd 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 Datatrack Labs Ltd.
5.2. All replacement media has a warranty period of seven calendar days from the date of dispatch from any of Datatrack Labs Ltd offices, during which time Datatrack Labs Ltd 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 Nationwide Data Recovery. 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 Datatrack Labs Ltd standard rate.
5.3. All data recovered by Datatrack Labs Ltd is returned to the client via a next day traceable service. Examples of this include, but not are limited to, Royal Mail Special Delivery, Business Post, UPS, DHL, TNT or City Link next day delivery. However, other arrangements for the return of client's data may be arranged. On occasions Datatrack Labs Ltd 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.
5.4. Datatrack Labs Ltd 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 Nationwide Data Recovery.
5.5. 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 Datatrack Labs Ltd, 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 Datatrack Labs Ltd.
5.6. Datatrack Labs Ltd will retain a copy of your recovered data for a period of seven days from the date of dispatch. During this period Datatrack Labs Ltd will answer any queries concerning the recovered data and, if required, provide further copies. On occasions, with the client's consent, Datatrack Labs Ltd may retain a copy of your recovered data and/or digital image beyond this point. In circumstances such as these, Datatrack Labs Ltd reserves the right to charge a fee for duplicate copies of data, data storage, management and security.
5.7. The client and Datatrack Labs Ltd agree that the sole and exclusive remedy for any unsatisfactory work shall be at Datatrack Labs Ltd discretion. Datatrack Labs Ltd reserves the right to either (a) try additional attempts by Datatrack Labs Ltd engineer to remedy any unsatisfactory work, or (b) to refund the amount paid by the client in full or part.
5.8. All media sent to Datatrack Labs Ltd 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. Datatrack Labs Ltd reserves the right to charge a fee to cover the cost of postage and/or packaging in these circumstances. Any media left with Datatrack Labs Ltd after this time will be securely disposed of in an ecological manner, at which time Datatrack Labs Ltd shall hold no liability to the client or any third party.
5.9. The client understands that all media returned as part of Datatrack Labs Ltd free return service is provided via Royal Mail's standard postal service, unless otherwise agreed by a representative of Nationwide Data Recovery. As this service is non-traceable, Datatrack Labs Ltd holds no responsibility for any media lost or damaged within the postal network.
5.10. The client understands that Datatrack Labs Ltd does not offer any guarantees or warranties of any kind and that the extent of any Datatrack Labs Ltd liability to the client is strictly limited to the fees you pay Datatrack Labs Ltd for its data recovery service.
5.11. The client understands that any media collected from the client using Datatrack Labs Ltd free collection service is done so at the client's risk. Free collections are made by one of Datatrack Labs Ltd preferred couriers and holds no responsibility for any items lost/damaged or delayed. The client understands that the collection is free only if they approve a fixed price data recovery quotation, in the event of the client declining the fixed price quotation a fixed fee of £20 plus VAT is payable by the client.
5.12 The client understands that Datatrack Labs Ltd Free Return Postage Policy is only applicable to hard drive's which are declared unrecoverable at the first evaluation stage or are declared not recovered after a failed recovery attempt. The free return postage is not available when a client does not approve the fixed price quotation. A handling fee /postage and packaging charge of £20 plus VAT is payable if the client requires the media to be returned once they have declined Datatrack Labs Ltd fixed price quotation.
5.13 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.
5.14 Datatrack Labs Ltd No Data No Fee policy is only applicable if Datatrack Labs do not recover at least 60% of the disk sectors or 60% of the requested data, or less than 1000 digital photographs, or less than 500 office documents (word, excel, PowerPoint) or data less than 4 GB in size. Should Datatrack Labs achieve results in excess of what has been described previously then the full recovery amount or balance of recovery is payable. This is at the discretion of Datatrack Labs Ltd.
6. Data Integrity
6.1. The client accepts that Datatrack Labs Ltd will not examine the contents of any files contained on the media supplied to them. Datatrack Labs Ltd further accepts no responsibility whatsoever for the contents, integrity, functionality, corruption or usefulness of any data recovered.
7.1. The client agrees that all media and its content provided to Datatrack Labs Ltd 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 England and Wales.
8. Free Data Recovery / Other Special Offers Terms and Conditions.
8.1 Free Data Recovery is only available to hard drive's affected by the firmware fault which causes the hard drive to be detected as LBA 0. The FREE data recovery is only available to hard drives from the DiamondMax 22, Barracuda 7200.11, Barracuda ES.2 SATA range.
8.2 A free evaluation will be performed to determine the failure, if the problem is not the standard corrupt firmware failure then normal recovery costs will apply. If the hard drive has additional faults then other charges may be incurred.
8.3 The client understands that by participating in the FREE data recovery, the client agrees that Datatrack Labs Ltd may retain the hard drive, securely wipe it's contents and may use it as spare parts on future recovery work.
8.4 The client understands that they are required to purchase a new hard drive from Datatrack Labs Ltd in order to transfer the recovered data. Datatrack Labs Ltd provide 500 GB SATA hard drives for £65 plus VAT.
8.5 The client understands that they are responsible for the shipping of the media to Datatrack Labs Ltd and that a return shipping fee of £20 will also be incurred. Return shipping fee is compulsory for all approved or declined quotes.
8.6 The client understands that the free flash drive will be a 4 GB model, it comes with no warranty and Datatrack Labs Ltd are not responsible for any data loss should the flash drive fail. The free flash drive is only supplied should the client agree to and pay the original full quoted recovery fee.
8.7 The client understands that if they accept a special offer/economy service quote that they must pay £40 in order for Datatrack Labs Ltd to return any media which has undergone successful data recovery.
8.9 Special Offers prices, and fixed prices excludes hard drives over 3 TB in capacity or any hard drive which is severely damaged.
These Terms and Conditions were last modified on 25th July 2014
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