Terms and Conditions

By Last Updated: June 15th, 2024Views: 544.4 min read

Contract

These Terms and Conditions constitute a binding contract between DataCare Labs and the client for data recovery services. By submitting storage media or devices to the Company for data recovery, the Client acknowledges and agrees to these terms.

Service Evaluation and Quotation

  • Upon receipt of the Client’s storage media, the Company will perform an initial evaluation to determine the extent of data loss and the likelihood of successful recovery.
  • The Company will provide a quotation outlining the estimated cost for data recovery. This quotation may be delivered in writing, electronically, or verbally​.
  • The Client’s approval is required before the recovery process is carried out. No charges will be incurred without the Client’s consent​

Authorization

  • The Client authorizes DataCare Labs to evaluate the media and provide an estimate of recovery costs. The evaluation is free of charge, and the Client’s approval is required before proceeding with the recovery process​.
  • The Client authorizes DataCare Labs to open and work on the media/data provided at their own risk.

Acknowledgment of Existing Conditions

  • The Client acknowledges that the data storage devices or equipment may have pre-existing damage or other problems. DataCare Labs cannot assume responsibility for such damage or further problems arising from it​.
  • The Client understands that data recovery efforts may not result in complete recovery of the data.

Authorization of Recovery

  • DataCare Labs will inform the Client of the evaluation results and the estimated cost for recovery. The recovery process will only begin after receiving the Client’s confirmation​

Data Verification

  • DataCare Labs offers data verification services. It is the Client’s responsibility to check and confirm the recovered data before handover​.
  • DataCare Labs does not take responsibility for any complaints regarding damaged or missing files once the Client has confirmed the data verification.

Confidentiality

  • DataCare Labs agrees to use the information contained in the media or device only for evaluation, testing, and recovery purposes. A strict confidentiality policy is followed by authorized representatives and employees​.
  • Recovered data will be retained for 10 days after data recovery for verification purposes, after which it will be securely deleted. In case the client requests the deletion of data before the standard time, it shall be securely deleted within 2 days which will require a written communication from the client.

Customer Rights

  • The Client assures that the data on the device is legal and that they possess full ownership of the data/device or are authorized to act on behalf of the owner​.

Limitation of Liability

  • DataCare Labs does not guarantee the recovery of any specific percentage or part of the data​.
  • DataCare Labs is not liable for any damage to the device or data during the recovery process, including any pre-existing or further damage arising from the recovery efforts.
  • DataCare Labs will not be liable for any damages, theft, loss, or damage caused by any third-party shipping or courier service hired by DataCare Labs or the clients.
  • DataCare Labs will not be liable for any loss or damage due to natural disasters at the DataCare Labs recovery facility.
  • DataCare Labs will not be liable for the appearance, condition, or loss of the data/device and its functional state (whether functional or non-functional) before or after receiving the same.
  • DataCare Labs is not liable for the recovery of data from scratched platters.
  • DataCare Labs, its employees, and affiliates may transport client media/equipment/data to, from, and between their facilities, exercising reasonable care during transportation.
  • DataCare Labs will retain possession of the data/media/device for a period of seven (7) days after delivery to the client. After this period, the property may be discarded, and DataCare Labs will not have any liability for the discarded property or media.
  • Clients must provide new blank media for copying the recovered data. If the client provides their own device with data, DataCare Labs will not be liable or responsible for any future loss or inconvenience caused due to data loss.

Payment Terms

  • The Client shall pay the full amount agreed upon in the quotation. DataCare Labs will not release the recovered data until full payment has been received.
  • If DataCare Labs is unable to recover any data, no charges will be applied, except for specific fees related to RAID jobs, high-end jobs, and parts used.
  • The Client is responsible for all shipping costs, customs duties, and taxes.

Warranty

  • The Client is responsible for obtaining authorization from the manufacturer to open and work on the device. DataCare Labs does not guarantee any manufacturer’s warranty​

Expected Time Frame

  • DataCare Labs will provide an estimated time frame for data recovery, which may be extended depending on case criticality and resource availability​.
  • Logical data recovery may take 1-15 days, firmware failure may take 1-15 days, and hardware failure may take 1-30 days.

Firmware Database

  • The firmware stored on the Company’s website is intended strictly for data recovery purposes and should not be used for general public use. DataCare Labs will not be liable for any damage resulting from the misuse of these firmware files

Disclaimer

  • By submitting media for recovery, the Client agrees to these terms and conditions. DataCare Labs reserves the right to modify these terms at any time without prior notice​.