Terms and Conditions

These are the terms and conditions for data recovery services offered by DataCare Labs. The client is required to read and agree to these terms before using our services. By using our services, the client agrees to be bound by these terms.

Authorization:
The client authorizes DataCare Labs to evaluate the media and provide an estimate of recovery costs. DataCare Labs will not charge for standard data analysis, and the client’s approval is required before the recovery process is carried out. While every precaution and care is taken during the estimation of the possibility/percentage of recovery, the same is subject to change due to the basic risk factors involved in the job. The client approves DataCare Labs to open and work on the media/data provided at their own risk.

Acknowledgment of Existing Conditions:
The customer hereby acknowledges that any data storage devices or equipment subjected to analysis or processing by DataCare Labs may have pre-existing damage or other problems. Due to such pre-existing damage, DataCare Labs cannot assume any responsibility for such damage or further problems arising from it. The customer further acknowledges and agrees that DataCare Labs’ provision of services may not result in complete recovery of the data.

Authorization of Recovery:
DataCare Labs will inform the client of the evaluation and estimated cost for recovery. DataCare Labs will apply the best of technology and standard processes and put required efforts to recover your data only after receiving confirmation with the terms of the quotation from the client to perform the Services. By providing the media, the client authorizes DataCare Labs and its employees, agents, and delegates to conduct testing, evaluation, access, recovery attempts, and processing of each data storage device or data storage media.

Data Verification:

  • DataCare Labs offers data verification services without any time constraints.
  • DataCare Labs makes the recovered data available for the client to verify before handover. It is the client’s responsibility to check and confirm the recovered data. DataCare Labs won’t be responsible for any complaint regarding any damaged/missing files, folders, whole, or any part of data once we receive confirmation for data verification from the client’s side.
  • DataCare Labs does not possess any responsibility to check for any recovered files or folders, and the client must check and verify the same.
  • The client must make the total payment before DataCare Labs hands over any files, folders, whole, or any part of the data, as mentioned in the quotation provided to the client.

Confidentiality:
DataCare Labs agrees to utilize the information contained in the media/or device only for evaluation, testing, and recovery purposes. A strict disclosure & confidentiality of the data/the media policy is followed by authorized representatives/employees/ contact persons. To secure the client’s data, DataCare Labs keeps the recovered data with us for 15 days after data recovery. It is the client’s responsibility to collect the recovered data from us. After a period of 15 days, we will delete it and won’t be responsible or answerable for any inconvenience caused in the future.

Customer Rights:
The client assures that the data on the device is legal and that they possess the whole ownership of the data/device or are representing the client and have the unrestricted legal right, (a) to send us the device, media, and data; (b) to have the data recovered using the services provided by DataCare Labs; (c) to receive the recovered data, and (d) to agree to these terms.

Liability:

  • DataCare Labs does not guarantee the percentage/part of data to be recovered.
  • DataCare Labs does not claim/guarantee to recover ALL the data in any case.
  • DataCare Labs would not be liable for any loss or damage due to natural disasters at the DataCare Labs recovery facility.
  • DataCare Labs would not be liable for the appearance, condition, or loss of the data/device and its functional state (functional/non-functional) before or after receiving the same.
  • Our attempt to recover the data may result in damage to the device, media, or data and may even render any data unrecoverable. DataCare Labs DO NOT possess any liability for the same.
  • We are not liable to recover the data from the scratched platter
  • DataCare Labs, its employees, and affiliates may transport client media/equipment/data to, from and between their facilities, and shall exercise reasonable care during transportation.
  • DataCare Labs shall not be liable for any damages, theft, loss or damage caused by any third-party shipping/courier service hired by DataCare Labs or clients.
  • DataCare Labs shall retain possession of the data/media/device for a period of seven (7) days after delivery to the client, after which it may be discarded, and DataCare Labs shall have no liability to the client for any such discarded property or media.
  • DataCare Labs mandates that the client provides a new blank media for copying the recovered data. In the event that the client chooses to provide their own device with data, DataCare Labs shall not be liable or responsible for any future loss or inconvenience caused due to data loss.

Expected Time Frame:
DataCare Labs shall provide the client with an estimated time required to recover the data, but such time frame may be exceeded depending upon the criticality of the case and availability of resources. DataCare Labs shall use its best efforts to recover the data within the least possible time.

  1. Logical Data Recovery may take 1-15 days.
  2. Firmware Failure may take 1-15 days.
  3. Hardware Failure may take 1-30 days.

Delivery time may be extended due to the following reasons:

  1. A large number of bad sectors on the device.
  2. Slow device response due to platter/Nand chip degradation, which occurs with time or excessive usage.
  3. Unavailability of firmware resources or donor device.

Payment:

  • The client shall pay the full amount agreed upon in the quotation provided by DataCare Labs via e-mail, written or phone consent, and DataCare Labs shall not release the client’s data until full payment has been received.
  • DataCare Labs shall not charge for unrecovered data under its ‘No Data, No Charge policy, except for attempt fee charges for RAID jobs, High-end jobs, and fees for parts used.
  • If DataCare Labs is unable to recover any data, it shall inform the client accordingly and shall not charge for the services. If DataCare Labs is able to recover only a part of the data, it shall inform the client accordingly, and the client may choose to receive the recovered data for the agreed fee.
  • The client shall be responsible for all shipping costs, customs duties, and taxes to and from DataCare Labs.

Warranty:
The client shall be responsible for obtaining authorization from the manufacturer to open and work on the device. DataCare Labs does not guarantee any manufacturer’s warranty, and any conflicts regarding warranty shall be dealt with between the manufacturer and the client.

Media:
DataCare Labs shall not be held responsible for any customer media after seven (7) days in the event of data being delivered, canceled, or unapproved.

Deletion:
After delivery of the recovered data, DataCare Labs shall retain possession of the data for a period of seven (7) days, after which it may be discarded, and DataCare Labs shall not be responsible for any inconvenience caused in the future.

Firmware Database:

  • The firmware stored on our website is intended strictly for data recovery purposes and should not be used for general public use.
  • Any attempt to use the firmware files for purposes other than data recovery may result in permanent damage to your hard disk and complete loss of data.
  • The customer acknowledges and agrees that the use of our firmware files is entirely at their own risk.
  • We cannot guarantee that the data recovery process will be successful solely through the use of firmware files obtained from the Firmware Database.
  • The customer accepts full responsibility for determining whether these firmware files are compatible with their hard drives and data recovery software.
  • Additionally, the customer is solely responsible for protecting their data recovery tasks, equipment, and backup of data.
  • DataCare Labs will not be held liable for any damage that may occur as a result of using or modifying these firmware files.
  • The firmware files are provided on an “as-is” basis, without any warranty or representation of any kind, express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, or otherwise.
  • By downloading and using the firmware files from our website, the customer agrees to all of these terms and conditions. If the customer does not agree with any of these terms and conditions, they should not use the firmware files.

Disclaimer:
By accepting, submitting, initialing, and signing client agrees to the above TERMS AND CONDITIONS set forth by DataCare Labs. DataCare Labs reserves the right to make changes to the terms and conditions at any time without prior notice.