Terms and Conditions
These Terms and Conditions govern your request, purchase, or receipt of data recovery services from DataRecoveryServices (referred to as “we”, “us”, or “our”). By submitting a case, you agree to these terms. We reserve the right to modify these terms at any time.
Evaluation Process
The evaluation helps assess the chances of recovery and required resources. Evaluation fees must be paid in advance. If you do not ship your device, the evaluation fee is refundable within 3 working days upon request. Once a device is delivered or a shipping label is used, the fee becomes non-refundable.
Service Quote and Authorization
Upon accepting the quote, you must electronically approve the service and provide payment authorization. Timelines are estimates and may vary due to technical issues. Return storage devices are not included in the quoted cost.
Customers are responsible for submitting the correct device. If an incorrect device is sent and recovery is completed, you will still be charged. Terms are finalized in the signed quote agreement.
Completed Recovery Service
We make every effort to recover data. Once complete, we will contact you to verify recovered files. Terms of the completed service are outlined in your signed agreement.
Data Delivery Options
Recovered data will only be released after full payment. We offer delivery via encrypted external drive or secure cloud. Return drive costs are additional. Shipping encryption is applied by default.
Unsuccessful Recovery
If recovery is not possible, you will not be charged for service unless a non-refundable fee was agreed upon. Return shipping is the customer’s responsibility.
Return of Original Media
Devices may be returned upon request. You are responsible for shipping fees. Accessories like cables and enclosures are discarded during evaluation and are not returned.
Abandoned Media
Devices left unclaimed for 30+ days may be recycled or destroyed. Certificates of destruction are available upon request.
Service Limitations
Data recovery cannot be guaranteed. Devices may become further damaged during recovery. We are not liable for unrecoverable data or device failure unless damage was intentional.
Payment Terms
No upfront payment is required unless agreed. We accept multiple payment methods and offer plans. Full payment must be made prior to data release.
Refund Policy
Evaluation fees are refundable only if the device is not shipped. Upfront service fees are non-refundable. Once results are verified remotely, no refund is possible.
Personal Data
You must provide accurate contact and billing information. We may communicate with you using the details you provided. DataRecoveryServices is not responsible for miscommunication due to inaccurate details.
Legal Rights
By submitting a device, you confirm that you are the legal owner (or authorized representative) and that you have the legal right to recover the data. You agree to defend and indemnify DataRecoveryServices against any related legal claims.
Confidentiality
We treat all recovered data as confidential and do not access or share it unless required by law.
Disclaimer
All services are provided “as is” without guarantees. Risks such as device failure or unrecoverable data are assumed by the customer.
Limitation of Liability
Our liability is limited to the amount paid for services. We are not responsible for lost profits, indirect damages, or data loss. We may assist with courier-related insurance claims, but are not liable for denied claims.
Shipping & Transport
Customers are responsible for safe shipping. You may request insurance for the return device. We pack devices properly, but are not liable for shipping damage.
Compliance with Laws
You agree to comply with all applicable laws and regulations. We reserve the right to report violations and cooperate with investigations.
International Trade
Services are subject to U.S. export laws. We reserve the right to decline service for devices that violate trade regulations.
Dispute Resolution
Disputes will first be resolved through executive negotiation (within 30 days), then mediation (within 45 days), and if unresolved, through binding arbitration in New York City under applicable rules. Each party pays their share of mediation. Arbitration is final and replaces any court process.
Learn more about independent mediation options at: JAMS Data Privacy Framework Dispute Resolution.
Assignment
These terms may not be transferred by the customer. We may assign or delegate terms at our discretion, with notice.