Terms of Service Engagement
The following terms and conditions (“Terms”) govern your inquiry, ordering, purchase, or receipt of data recovery services (“Services”) provided by SALVAGEDATA Recovery Inc. (“ SALVAGEDATA”).
The client (“You”) acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. If you are not satisfied with the Web Site or do not agree to these terms and conditions of use, your sole and exclusive remedy is to immediately discontinue using the web site.
TERMS OF SERVICE
Data Recovery Basic Terms
Due to the large number of variables involved in data recovery, SALVAGEDATA Recovery and its authorized agents (“us”, “we”, or “SALVAGEDATA Recovery”) cannot make any advance guarantees about what files will be possible to recover from a device, if anything. A list of recoverable files to be expected (“file list”) will be provided to the person or agent responsible for the project (“you”, “customer”, or “client”) before the project is completed to be approved by said client. Unrecoverable devices will be returned or securely disposed of.
By sending media to us, you agree to operate on good faith intentions of using our recovery services and resources for the purpose of having us recover data from such media.
The client is the legal owner or representative or otherwise has a legitimate right to the property and all data contained therein sent to SALVAGEDATA Recovery.
Any property left with SALVAGEDATA Recovery and unclaimed for 30 calendar days, will be securely disposed of. At which time, SALVAGEDATA Recovery shall have no liability to the client or any third party. SALVAGEDATA Recovery will make reasonable attempts to contact the client via phone and e-mail on file, prior to the destruction of the media.
In the case that a customer’s credit card declines a charge for SALVAGEDATA Recovery services, SALVAGEDATA Recovery reserves the right to engage a third-party collections agency to collect the balance if the amount due is not settled within sixty (60) days of the initial declined charge. Once a collections agency is engaged, the minimum due for the return of the original media, not including recovered or extracted data, will be the greater of either a) 30% of the quoted service fee, or b) $200.00.
SALVAGEDATA Recovery assumes no liability for any claims regarding the physical functional of media and or equipment nor the condition or existence of data on storage media supplied before, during or after service. In no event will SALVAGEDATA Recovery be liable for any loss of data, revenue, or profits, or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if SALVAGEDATA Recovery has been advised of the possibility of damages or loss to persons or property. Our liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services. Client and SALVAGEDATA Recovery agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at our option, additional attempts by us to recover satisfactory data. Client is fully aware of the inherent risks of injury and property damage involved in data recovery, including without limitation, risks due to destruction or damage to the media or data and inability to recover data, or inaccurate or incomplete data recovery, including those that may result from the negligence of SALVAGEDATA Recovery, and assumes any and all known risks of injury and property damage that may result reward.
Although best efforts are made, customer will not hold SALVAGEDATA Recovery responsible for damage in transit, either to or from our facility.
Disclaimer of Consequential Damages and Damages Cap
Except for a breach of confidentiality, in no event will either Party be liable to the other Party for any consequential, incidental or like damages, however caused and on any theory of liability, whether or not such Party knew or should have known of the possibility of such damage.
Other than as set forth below, in no event shall SALVAGEDATA Recovery liability exceed the monies paid by the client to SALVAGEDATA Recovery for the applicable services, excluding shipping charges or other third-party fees (“damages cap”). In the event of an unauthorized transaction by a SALVAGEDATA Recovery employee or agent, SALVAGEDATA Recovery is liable for no amount exceeding the damages cap. SALVAGEDATA Recovery must be notified within five (5) days of an unauthorized transaction or the client waives all rights to damages.
By agreeing to this service agreement, you are stating that you understand that the media/data/equipment you are making available to SALVAGEDATA Recovery is already damaged, that data recovery efforts can result in further damage and that we will not be held responsible for this or any other type of damage caused to this media.
Disclaimer of Implied Warranties
All implied warranties and similar obligations are disclaimed, including but not limited to those of fitness for a particular purpose, and merchantability, whether otherwise arising by custom, usage, law, or trade practice. There are no warranties which extend beyond those expressly contained in the service agreement. SALVAGEDATA Recovery does not warrant that returned media, serviced or not serviced, will comply with the requirements of any safety or environmental code or regulation of any federal, state, municipality or other jurisdiction.
A client may request to cancel the service project at any point before the recovery is accepted. If the customer has already approved service based on the quote provided by SALVAGEDATA Recovery and provided a credit card, a cancellation fee equal or the greater of either $200 or 20% of the quoted service fee will apply.
Encryption and Media Accessories
Media Enclosures and Accessories
If you provide SALVAGEDATA Recovery with your drive in a server, laptop, or other enclosure, the drive in question will be removed in order to service it. SALVAGEDATA Recovery will not reassemble a RAID array or server or reinsert the drive in a laptop or other enclosure.
If any cables, cords, or other accessories are sent along with the storage media, SALVAGEDATA Recovery is not responsible for these accessories. SALVAGEDATA Recovery will not be held liable for lost or missing cables or other accessories. Furthermore, customers should not presume that storage media will be returned to them in the same packaging as they used to send it to SALVAGEDATA Recovery.
If during the course of data recovery services, SALVAGEDATA Recovery encounters full disk or partial folder encryption, this will require additional work in order to recover the data, and there will be a US$200 surcharge on successful data recoveries, excluding cases of hardware encryption by the manufacturer. If your recovery is not successful due to encryption, a service fee equaling $200 or 20% of the data recovery cost will be due.
File List Approval and Data Retrieval
The client must review the file list within five (5) days of the project being completed. The file list includes the entirety of the data that will be provided to the client upon approval. If the client does not decline the file list within that five-day period with a valid reason, SALVAGEDATA Recovery will consider the file list as approved and charge the default payment on file in the full amount quoted plus any applicable shipping fees, and recovered data will be returned to the customer’s shipping address on file at that time. If we are unable to process a payment, we will add a storage fee of $1.00 per day after the declined payment until the customer makes alternate payment arrangements. The balance may be sent to a third-party collections agency if not rectified within 60 days (see “Late or Declined Payments” below); in that case, these storage fees will also be included.
Approving the File List
The client must approve the file list, per the aforementioned terms, before receiving the recovered data or any portion of it, even for expedited and emergency services. This indicates that the customer understands that the file list is the entirety of data that will be provided to them. Data within the “damaged” folder (if any) on the file list, is not guaranteed to be intact or functional. No files will be supplied to the client—including “sample files”—on any case prior to the approval of the file list. Nor will SALVAGEDATA Recovery provide screenshots of folder structures or files (except in the case of RAW recoveries), and approvals must be made based on the supplied file list.
Declining the File List
If the customer wishes to decline service based on the file list, the customer must provide SALVAGEDATA Recovery with a detailed written account of the reason for decline, including any files sought that were not on the file list and the possible location of these files. If this information is provided, SALVAGEDATA Recovery will make every possible effort to locate these files and update the file list accordingly. If this information is not provided, SALVAGEDATA Recovery will attempt to contact the customer, and, if no response is received within 30 days, the full quoted amount will be charged to the card on file and the recovered media will be returned.
Once the file list is updated with the requested files that have been located, the customer is again responsible to review and approve or decline this list. If there is no response within five (5) days, SALVAGEDATA Recovery will consider the revised list approved and charge the full amount due.
If this data exists, but is not recoverable, the customer will not be charged for the service and will be offered the option to either have the storage media disposed of or to have it shipped back. (The customer will be due for the amount of return shipping.)
If this requested data does not exist, the customer will have the option to cancel the data recovery service and will be responsible for 20% of the cost of recovery.
Once the file list is approved and the payment is finalized, the files will be supplied to the client either on a another storage device or via FTP. FTP uploads will be limited to 50GB for Economy Recovery customers, 100GB for Expedited Recovery customers, or 500GB for Emergency Recovery customers.
If the client’s recovered data exceeds the limits in the previous paragraph, the data will be placed on a transfer drive… Devices provided by SALVAGEDATA Recovery will be of sufficient capacity to store all the recovered data, but we do not guarantee any particular brand, model, or part number.
Authorization of Recovery
If you accept the cost estimate provided by your account representative upon completion of the initial evaluation of your data storage device, we will apply our existing technology and standard processes and use all reasonable efforts to recover your data. By submitting your device and payment information, you agree to pay the fee quoted and authorize SALVAGEDATA Recovery to charge your credit card for such amount if we are able to successfully recover the data.
SALVAGEDATA Recovery does not take responsibility for client error. If the client has sent an incorrect media to SALVAGEDATA Recovery and authorized recovery services, and SALVAGEDATA Recovery has completed a full recovery, the client will be responsible for the cost of the authorized services.
The client understands that any time frame given at the time of authorization of recovery is an estimate, SALVAGEDATA Recovery will use all reasonable efforts to recover your data within the specified time frame. If due to circumstances outside of our control, SALVAGEDATA Recovery cannot deliver the service within the estimated time frame, once complete, the client is still responsible for the recovery service fee noted at the time of authorization of recovery.
Expedited and Emergency Recovery
Upon authorization of an Expedited or Emergency Recovery, the respective fee will be charged to the payment method provided by the client at the time of authorization. After the recovery has been authorized and the charge has been successfully processed, SALVAGEDATA Recovery will begin working on the media and put forth all reasonable efforts to recover the data, within the specified time frame, and in accordance with the authorized service level.
If due to circumstances outside of our control, SALVAGEDATA Recovery cannot deliver the service within the specified time frame, the Expedited or Emergency fee will not be refunded and the client will be due for the remainder of the service quote upon completion.
Monolithic Device Recoveries
When a monolithic device (SD card, Micro SD Card, or Flash Drive) is approved for recovery, SALVAGEDATA Recovery will not return the failed device after completion no matter the outcome. SALVAGEDATA Recovery reserves the right to keep the original media for further research and development and to protect proprietary recovery methods.
Unrecoverable / Unsuccessful Recovery
If we are unable to recover any data, we will inform you accordingly and the service fee will be void. If, we are able to recover partial data, we will inform you accordingly and you may choose to receive the recovered data for the agreed fee.
If the customer declines to have the service completed or the device is not recoverable, there will be an option to dispose of the media or pay the return shipping fee.
SALVAGEDATA Recovery retains the right to recover the full amount of the approved proposal for all cases including, but not limited to, the amount of resources and cost already incurred by the Company.
Client agrees to pay in full upon completion of services rendered by SALVAGEDATA Recovery. Payment is due prior to release of data (whether shipped, picked up or downloaded), no later than five (5) days after the file list is posted. Other payment arrangements may be made prior to recovery service completion or initiation. We accept checks, P.O.s, Money Orders, PayPal, VISA, MasterCard, Discover and American Express. If the Client has given verbal, online or written approval for Standard, Expedited or Emergency service and wishes to cease recovery at any point after a verbal, online or written agreement has been entered but before completion of services, the Client will be charged 20% of the total recovery fee in addition to the expedited or emergency fee, if applicable.
Credit card transactions may be limited to a maximum of $2,999.99. Higher amounts may require payment by check or money order.
Late or Declined Payments
In the case that a customer’s credit card declines a charge for SALVAGEDATA Recovery services, an alternative payment method must be provided. SALVAGEDATA Recovery reserves the right to engage a third-party collections agency to collect the balance if the amount due is not settled within ninety (90) days of the initial declined charge. Once a collections agency is engaged, the minimum due for the return of the original media, not including recovered or extracted data, will be the greater of either a) 30% of the quoted service fee or b) US$200.00.
SALVAGEDATA Recovery may offer payment plans to customers of its data recovery services. The terms of each plan will be negotiated between the customer and SALVAGEDATA Recovery service representatives. SALVAGEDATA Recovery retains the right to decline a payment plan to any customer at the discretion of the service representative.
The total amount of the payment plan will be the sum of a) the approved quote for recovery services, b) the cost of any applicable transfer media, c) any additional shipping charges, and d) A $10.00 per payment convenience fee. This total will be spread out into equal installments to be automatically charged to a credit card on a pre-determined schedule, according to the agreement, until the amount due has been fully paid.
No recovered data will be available to the customer until the cost of service has been paid in full. SALVAGEDATA Recovery reserves the right to change the terms of payment plans at any time, and will notify the customer(s) affected if such a change occurs.
Project Return Shipping
The client will have up to 14 days after recovery is received to request original media. The client is responsible for requesting shipping insurance, signature-required delivery confirmation, or any other additional services that are not included in the chosen shipping method. Completed recoveries are always shipped via UPS, Fedex and USPS for international.
Customer Information Privacy
Customer identification and billing information provided in requesting services are used only for fulfilling these services and are never otherwise shared by SALVAGEDATA Recovery with any third parties, with the following exception:
If an end client is referred by an SALVAGEDATA Recovery Partner or affiliate, said Partner will be able to see pertinent information, such as the customer’s name, quoted service fee, and project progress so that the Partner has records of his/her referrals. SALVAGEDATA Recovery will not share any other personal information with the referring Partner: for example, the end client’s billing information or files recovered.
Resolution of Disputes
If a dispute arises between you and SALVAGEDATA Recovery (or any employee acting on behalf of SALVAGEDATA Recovery), we strongly encourage you to contact us directly to seek a resolution before pursuing legal redress. Any claim or controversy at law or equity that arises shall be governed by the laws of the State of New York, USA without regard to conflict of law provisions. By engaging our services, the client agrees that any legal claims or disputes will be under the exclusive jurisdiction of the courts located within Ohio.
We do not issue refunds (full or partial) or credits unless a charge was processed erroneously or not in accordance with the terms of service above. If there is any issue with your service, please contact us by phone at 1-800-972-3282 or [email protected], provide your case ID, and a description of the problem, and we will do our best to make the issue right, but we cannot always guarantee resolution in the customer’s favor.
For any questions or concerns about our terms of service, please contact an SALVAGEDATA Recovery customer service representative.