1. General Information

1.1. In these terms and conditions, references to “Data Recovery Specialists” relates to Data Recovery Services Ltd, affiliate partners of Fields Data Recovery. The term “Client” or “Customer” relates to any person, firm, company or any other party that sends media to Data Recovery Services Ltd for diagnostics or data recovery, conversion or forensic interrogation.

1.2 The word “Full” or phrase “Full Recovery”, when used in relation to the process of data recovery or the amount of data recovered relates solely to the amount of data that has been able to be recovered from the media and not to the amount of data originally contained on the media.

1.3. As part of its diagnostic process, Data Recovery Services Ltd agrees to use its best commercial knowledge and expertise to determine the probability of and, where possible, the volume of recoverable data from the client’s media.

1.4. As part of its recovery process, Data Recovery Services Ltd will endeavour to retrieve or replicate the maximum amount of data from the client’s media.

1.5. Data Recovery Services Ltd’s days of business are defined as Monday to Friday, excluding any public holiday. Business hours are defined as 9.00AM to 5.30PM. Data Recovery services may be provided outside of these hours. Any diagnostic and/or recovery services provided outside of these hours shall be carried out at an agreed rate on a case-by-case basis.

1.6. Data Recovery Services Ltd will use all reasonable endeavours to achieve reasonable response times. However, unless otherwise agreed, failure to achieve any response times is not a contractual obligation.

2. Estimates, Quotations and Payments

2.1. All Fixed Price Quotations offered by Data Recovery Services Ltd are valid for a period of seven days, unless otherwise agreed. After this period the quotation may alter without notification.

2.2. All prices quoted by representatives of Data Recovery Services Ltd are exclusive of VAT (currently 20% of the total amount payable).

2.3. Acceptance of a quotation may be given in writing, verbally in person or via telephone, facsimile or electronic mail. Data Recovery Services Ltd reserves the right not to commence any recovery or conversion work until approval is given.

2.4. In the event that the client decides not to proceed with the recovery of data, after approval has been given, Data Recovery Services Ltd reserves the right to charge the client for any work and / or parts used to date. This charge is at the discretion of Data Recovery Services Ltd and may be equal to, but not exceed, the total approved amount for the recovery process.

2.5. The client understands that payment is due in full upon completion of the data recovery process and prior to the release of data and/or original media (whether shipped, picked up or downloaded), unless otherwise agreed. Payment can be made via company or personal cheque, cash or bank transfers. On occasions Data Recovery Services Ltd may reserve the right to demand that any payment be cleared in full before the data is released to the client.

3. Confidentiality

3.1. As part of its confidentiality policy, Data Recovery Services Ltd agrees not to disclose any/all information or data files supplied with, stored on, or recovered from client equipment except to employees, agents or affiliates of Data Recovery Services Ltd subject to confidentiality agreements or as required by law, without the consent of the client. Data Recovery Services Ltd will use any information contained in the data, media and/or equipment provided to Data Recovery Services Ltd by Customer (“Customer Information”) only for the purpose of fulfilling the Engagement and in accordance with the Data Protection Act, and will otherwise hold such Customer Information in the strictest confidence.

3.2. Data Recovery Services Ltd agrees to only use authorised data recovery engineers, and that all media supplied to Data Recovery Services Ltd will be stored in a secure manner at one of its, or it's affilaites premises in either Penarth, Bridgend or Roehampton facilities. The client understands that the location of storage may not be the same as the location to which the media was originally shipped.

3.3. All data recovered from a client’s media is stored on secure severs in accordance with the Data Protection Act 1998. Any Confidential Information disclosed by Customer under this agreement will remain the owner’s sole property, and Data Recovery Services Ltd shall employ reasonable measures to prevent the unauthorised use of Customer Information, which measures shall not be less than those measures employed by Data Recovery Services Ltd in protecting its own confidential information.

3.4 Data Recovery Services Ltd will not disclose Confidential Information except to employees or consultants reasonably requiring such information (and who have secrecy obligations to Data Recovery Services Ltd) and not to any other party except as required by law. Data Recovery Services Ltd will employ appropriate technical and organisational measures to safeguard any Customer Information, including personal data, and will act only on the instruction of the Customer with respect to such information.

3.5 All data will be securely destroyed by Data Recovery Services Ltd or their affiliates on successful project completion. Destruction includes multi-pass degaussing to eliminate a remnant magnetic field followed by granulation and/or puncturing of platters of any unwanted media in accordance with European Standard EN 15713:2009 relating to the management and control of collecting, transporting and destroying confidential material. Media will be stored in a vault that meets EN 1047-1 / NT FIRE 017 standards when not being read, analysed, or processed.

3.6 All third parties or Group entities (parent co and affiliates), will adhere to the confidentiality duty included in this agreement.

3.7 ISO 27001 (Information Security) accreditation applies to all work carried out at our affiliate technical laboratory in Bridgend and not to any of our other offices.

4. Diagnostics and Recovery Processes

4.1. All diagnostic reports are provided to the client via telephone or electronic mail, unless otherwise agreed by a representative of Data Recovery Services Ltd.

4.2. Due to the nature of data recovery and conversion, our technicians may be required to carry out physical work on the media/data/equipment made available to Data Recovery Services Ltd. Therefore, the client acknowledges that (a) the media/data/equipment may already be damaged or corrupted, (b) data recovery efforts may result in further damage to the media/data/equipment (c) the media/data/equipment warranties may become void, and (d) Data Recovery Services Ltd is not responsible for this or any other type of damage.

4.3. The client is aware that on occasions, Data Recovery Services Ltd may be required to use additional media to continue with the diagnostic phase and/or carry out its recovery efforts. Examples of this include, but are not limited to, spare parts for disk drives and specific adaptors or connectors. Data Recovery Services Ltd reserves the right to charge the client for such additional media at a prior agreed cost. If after payment has been made, data is subsequently deemed unrecoverable by Data Recovery Services Ltd engineers and another data recovery company provides a different assessment, we will refund this prior agreed cost in full.

4.4. On rare occasions, Data Recovery Services Ltd may require the client to cover some of the cost of attempting the recovery or conversion. This request will only apply when the recovery or conversion is complex or when severe damage has occurred and only as a no-obligation, fixed price quotation, and is not offered as part of Data Recovery Services Ltd’s “no recovery, no fee” service. Please note that this charge, as with all charges made by Data Recovery Services Ltd, is not obligatory and the client is under no way obliged to proceed. Where the client has paid to cover some of the cost of attempting the recovery upfront and the data is subsequently deemed unrecoverable by our engineers, we will refund the cost should another data recovery company provide a different assessment to ours.

4.5. The client understands that due to the complex nature of data recovery, it is not always possible to recover or convert all the information from the client’s media. Data Recovery Services Ltd makes no provisions for the completeness, relevance or importance of the data recovered for the client unless otherwise agreed in writing by Data Recovery Services Ltd and the client.

5. Performance, Delivery & Carriage

5.1. Data Recovery Services Ltd agrees to return all recovered data on suitable media. Examples of this include, but are not limited to, CD-ROM, DVD-r, flash memory, FTP or a replacement hard drive.

5.2. The client must pay an agreed amount for any replacement media and this amount is in addition to the costs agreed for the data recovery service unless otherwise agreed in writing by a representative of Data Recovery Services Ltd.

5.3. Data Recovery Services Ltd holds no responsibility for delays caused as a result of the postal network. In these circumstances no compensation will be given for loss of profits, inconvenience etc., unless previously agreed by Data Recovery Services Ltd.

5.4. The client agrees to inspect or to procure to inspect the goods delivered at the earliest opportunity after delivery or attempted delivery and in any event within five calendar days of delivery or attempted delivery. Any claims for shortfall in delivery of goods, or claims that the goods do not comply with the order agreed with Data Recovery Services Ltd, must be notified in writing within seven calendar days of delivery. Claims made outside of this time period may only be resolved at the discretion of Data Recovery Services Ltd.

5.5. Data Recovery Services Ltd will retain a copy of your recovered data for a period of seven days from the date of dispatch. During this period Data Recovery Services Ltd will answer any queries concerning the recovered data and, if required, provide further copies. On occasions, with the client’s consent, Data Recovery Services Ltd may retain a copy of your recovered data and/or digital image beyond this point. In circumstances such as these, Data Recovery Services Ltd reserves the right to charge a fee for duplicate copies of data, data storage, management and security.

5.6. The client and Data Recovery Services Ltd agree that the sole and exclusive remedy for any unsatisfactory work shall be at Data Recovery Services Ltd’s discretion. Data Recovery Services Ltd reserves the right to either (a) try additional attempts by Data Recovery Services Ltd’s engineer to remedy any unsatisfactory work, or (b) to refund the amount paid by the client in full or part.

5.7. The client understands that Data Recovery Services Ltd does not offer any guarantees or warranties of any kind and that the extent of any Data Recovery Services Ltd’s liability to the client is strictly limited to the fees you pay Data Recovery Services Ltd for its data recovery service.

5.8. Whilst we will use our best endeavours to recover the client’s data , the client understands that any prior agreed insurance offered by Data Recovery Services Ltd will only cover the cost of replacement media and not data thereon, or subsequent consequential losses.

6. Data Integrity

6.1. The client accepts that Data Recovery Services Ltd will not examine the contents of any file contained on the media supplied to them.

6.2. Data Recovery Services Ltd gives an integrity percentage of any data recovered. This is an estimate only and is derived using specialist software that performs a file signature verification process. This is where the recovered files signatures are matched against their extension. This process does not guarantee the level of integrity and may vary depending on various factors including, but not limited to, the file type and whether or not it is encrypted. The percentage given is a estimate only.

6.3. Data Recovery Services Ltd accepts no responsibility or liability whatsoever for the contents, integrity, functionality, corruption or usefulness of the data recovered.

6.4. Whilst every effort is made to recover as much data as possible from any media received and any specific files requested by the client the recovery process is such that it is not specific and the sale of data is generic and based purely on the amount of data recovered and the labour in recovering that data. Therefore, should the client wish to know what files have been recovered they should request a file list from their account manager in writing or by email. This is the client's responsibility and a file list will not be provided unless requested from Data Recovery Services Ltd in writing or by email by the client. The file list shows the files recovered. Data Recovery Services Ltd gives no guarantee as to the integrity of the data shown on the file list or any other data recovered.

7. Legality

7.1. The client agrees that all media and its content provided to Data Recovery Services Ltd is legal and the lawful possession of the client and that the client has the legal right to request data recovery services, as described under the Laws of England and Wales.