TERMS OF SERVICE

By using our Services, you are agreeing to the terms below. Please read them carefully. To the extent there is any conflict with these terms and the terms in your signed customer contract(s), those terms in your contracts shall prevail.

NO DATA. NO FEE POLICY.

At Secure Data Recovery Services (SDRS), we strive for perfect data recoveries each and every time by offering our data recovery guarantee: "No Data – No Recovery Fee", as explained below.

No Data - No Recovery Fee Guarantee

In the recovery process, customers specify the critical data required. We will attempt to recover all the data as requested. After the recovery process, we perform quality test to ensure that the recovered data is in working condition by doing multiple scans with special utilities. Customers then have the option to physically and actively verify the recovered data via remote viewing software before accepting the files. If the job falls short of expectation, Secure Data Recovery will attempt to rectify the problems.

No Hidden Charges

There are no hidden charges. All potential fees for the data recovery services are disclosed up front in a price quote for approval before the recovery job is carried out.

NO DATA - NO RECOVERY FEE GUARANTEE

The Client will be able to specify critical data to be required during the recovery process. SDRS will attempt to recover all the data as requested (circumstances permitting as specified in the diagnostic report). Upon completion of the recovery process, SDRS will provide the Client with a file list of all recovered data as proof of completing the recovery process. The Client will have the ability to check the file list for any missing, corrupt, or otherwise damaged data. If SDRS is unable to recover any working files as specified by the Client, SDRS will make every reasonable effort to rectify the problem within the scope of the original work agreement. If that fails, SDRS will not charge for the work.

NO HIDDEN CHARGES

There are no hidden charges. All potential fees for the data recovery services are disclosed up front in a price quote for approval before the recovery job is carried out.

Storage Media Handling & Manufacturer Warranties:

SDRS operating standards should exceed most manufacturer environmental standards and not nullify valid warranty claims. However, the Client should consult their individual manufacturer for specific warranty information on their storage media. In no circumstances shall SDRS be held liable for voided warranties by the storage media manufacturer.

The Client hereby acknowledges and agrees that the diagnostic procedure is neither foolproof nor perfect. Even though the diagnosis furnished by SDRS to the Client may indicate a strong probability of a successful recovery outcome, SDRS's professional assessment of the Client's storage media cannot guarantee that any specific result will be attained. No warranty is stated or implied in any way as to the accuracy of the assessment provided by SDRS or the timeframes thereunder. SDRS shall have the exclusive professional determination as to the diagnostic assessment and the possible success rate at its sole discretion.

External hard drive enclosures will need to be disassembled in order to diagnose and/or recover the data from these storage devices. It may be become necessary to break or damage these enclosures in order to access the underlying internal storage media present within these storage devices. Similarly, devices such as iPods, iPads, iPhones, Netbooks, Notebooks, Laptops and other similar devices will also need to be opened in order to access the underlying storage media present within these storage devices. Under no circumstances will SDRS be held liable for voided warranties or damage that might be caused by opening these storage devices mentioned herein.

SDRS may dispose of external enclosures, power adapters, data transfer cables and other similar accessories associated with the storage devices mentioned above at its own discretion. The Client must notify their Dedicated Account Representative to request these accessories be returned prior to initiating any diagnostic or recovery work.

Upon completion of SDRS's professional assessment of the Client's storage media, SDRS will provide a quotation as to what the costs of the recommended data recovery procedures will be. The quotation may be provided in writing, electronically by email or verbally over the phone. All amounts are payable in USD. Donor parts, expedited or emergency fees, final destination transfer media and surcharges are separate from the data recovery fees. Overdue obligations in excess of 30 calendar days may be subjected to a 1.00% late fee or $20.00, whichever is greater, per month. Obligations delinquent more than 30 calendar days will result in forfeit of any and all discounts that may be applied.

If the Client then elects to proceed with the data recovery process, the Client will need to approve, authorize, and pay for, those services subject to a separate written Service Agreement, before SDRS will perform any additional work. If the Client elects not to proceed with the data recovery process, the Client must request the storage media be returned and will be responsible for return shipping, handling and packaging costs accordingly.

Security, Confidentiality and Non-Disclosure:

SDRS will not disclose or deliver the storage media to any third parties unless specifically ordered to do so by any governmental, judicial, or administrative order, subpoena, discovery request, regulatory request or similar method. SDRS will use the storage media only for the purposes of fulfilling this work engagement. However, any non-disclosure obligations may be breached by SDRS at any time, when the Client information is found to contain data such as child pornography or any information that may be detrimental to the United States national security.

The Client's storage media or recovered data shall only be released to the Client or those parties named in a legal declaration. Any parties not named therein cannot claim or be released the said storage media or recovered data. Authorized data release individuals may be added by contacting your Dedicated Account Representative and requesting the addition be notated in SDRS's database.

Lawful Ownership & Indemnification:

The Client hereby represents, warrants, and affirms that: (1) the Client is the legal owner of the storage media, or is the legal owner’s authorized representative; and (2) the Client has the legal right to engage SDRS to perform services, procedures, diagnostics, and/or work on the storage media. The Client hereby agrees to fully indemnify SDRS for any claims (whether or not formally asserted in a lawsuit in a court of law) by third parties related to the services provided by SDRS under this Agreement, in the event that the Client’s representation under this paragraph is erroneous.

SDRS regrets that it is unable to provide the Client with any type of legal affidavit or testimony concerning the storage media. Such services are expressly not within the scope of work under this Agreement.

Transportation and Storage Media Liability:

The Client hereby authorizes SDRS to receive and transport the Client's storage media to and from (or between) SDRS's facilities, laboratories, and to the Client. Transportation of such storage media may be made by the Client, SDRS or third-party professional shipping couriers and/or transportation providers. SDRS shall not be held liable for the state of the Client’s storage media nor for its transport to or from SDRS’s facilities or laboratories provided by third-party professional shipping couriers or transportation providers. When SDRS ships the Client's storage media, SDRS ensures to make its best efforts in properly packaging and estimating the physical value of the Client's storage media for transport. The Client agrees to inform SDRS in writing of special packaging requirements for the Client's storage media and the requested insurance value of the Client's storage media for transport.

Please Note: If a Client’s hard drive and/or storage media has a mechanical issue, SDRS reserves the right to send out the customer media for an extensive repair to our secure lab locations and the customer is fully responsible for the shipping and handling costs (in excess of $37.95 per Storage Media for Standard sized box within USA). Additional shipping and handling costs may apply for larger sizes or other special delivery requirements.

Property Claims and Recovered Data Claims:

The Client hereby acknowledges and agrees to claim their storage media and request it be returned within 30 days from the completion of the diagnostic procedure, data recovery process, or last confirmed communication (as recorded by SDRS). Further, if, for any reason, the Client fails to maintain contact with SDRS for a period of ninety (90) days or more, the Client agrees that SDRS may, with or without warning: (1) treat the case, the storage media, and any recovered data as voluntarily and knowingly abandoned by the Client, (2) dispose of the Client’s storage media and any recovered data without any liability to the Client therefore, and (3) fully and finally retain all amounts paid by the Client without any liability or refund.

Claims regarding missing, corrupted or otherwise damaged data must be made in writing within 10 business days of receipt of the recovered data. A copy of the recovered data will remain on SDRS's secure internal servers for 10 business days only, at which time the recovered data may be deleted from SDRS's internal servers.

Client Error & Misinformation:

The Client hereby represents, warrants, and affirms that all information furnished by the Client to SDRS concerning the Client and the storage media is true and accurate. The Client hereby acknowledges that any false, inaccurate, or misleading information concerning the storage media may detrimentally affect SDRS’s diagnostic and/or data recovery efforts. Initial pricing is provided based on the Client’s input and any misinformation or error provided by the Client to SDRS will cause the recovery fees to change. The Client hereby agrees that SDRS shall not be liable to the Client for the outcome of such efforts in the event that the Client has provided SDRS with false, inaccurate, or misleading information about the storage media.

Such misinformation may include (but is not limited to) storage media from a RAID array, non-original components, undisclosed recovery attempts, databases, overwritten data, virtual machine environment, or server. If SDRS, in its sole and complete discretion, determines that the Client has misinformed SDRS about the state of the storage media (such as when a rebuild has taken place, when a failed disk is taken back on-line, when a disk in a RAID set fails several days before the second disk, if not all media is provided or similar circumstances), the Client may be responsible for additional data recovery costs for completing the data recovery. Accordingly, please ensure that you (the Client) provide as much information as possible regarding the data loss scenario and relay this information to your Dedicated Account Representative.

If the Client incorrectly furnishes the wrong storage media to SDRS, the Client will be responsible for: (1) the costs of any diagnostic and/or data recovery services performed by SDRS; and (2) all return shipping and handling costs. Accordingly, please ensure that you (the Client) provide SDRS with the correct storage media.

Final Payment Terms & Acknowledgements:

1. Partial Recovery: In the event that SDRS was unable to successfully recover all storage media files that the Client wished to be recovered, SDRS (in its sole and absolute discretion) may offer the Client a discount on the Final Payment amount. Whether or not such a discount is given, SDRS shall have no further obligation to attempt to recover any files listed as non-recoverable. The Client acknowledges and understands that, despite SDRS's best professional efforts, some files are too heavily damaged and/or corrupted to be recovered by SDRS. Any future successful recovery of such files by a third-party company shall in no way effect the Client's obligation to pay the Final Payment amount under this Agreement.
2. Payment Method / Release of Recovered Data: For amounts greater than $3,000, the payment shall be made via cashier's check, ACH, or company or personal check or bank wire (credit cards will not be accepted for amounts greater than $3,000).
3. SDRS will begin the process of releasing the recovered data to the Client immediately upon receiving confirmation of the receipt of payment.
4. The Final Payment may be made via company or personal check; however, SDRS will not release the recovered data to the Client until that check has cleared or five (5) business days, whichever is greater.
5. Due Date / Overdue Obligations: The Client must pay the Final Payment amount to SDRS within ten (10) business days of receiving notification from SDRS of the Final Payment amount. If additional time is required, the Client should promptly contact SDRS prior to the expiration of this 10-day time period to discuss whether an extension is possible. If the Client fails to make payment by the due date, SDRS may dispose of the recovered data from the storage media.
6. No Refunds: No refunds shall be issued by SDRS on any payments made by the Client.
7. If the Client incorrectly furnishes the wrong storage media to SDRS and SDRS is successful in recovering the storage media, the Client will be responsible for the data recovery costs incurred. In addition, if the Client furnishes the wrong storage media to SDRS, the Client will be responsible for return shipping, handling and packaging costs accordingly. Please ensure that you provide SDRS with the correct storage media.

Severability:

If any provision of this Agreement is found to be invalid, that portion shall not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.