EADR Terms & Conditions
General
Please note that for the purposes of these terms and conditions EADRs refers to East Anglian Data Recovery Services Ltd. Any company, individual or organisation will hereby be referred to as "client".
Our standard working hours are Monday to Friday, 8am to 6pm, excluding public holidays. EADRs will, by prior arrangement, work outside of these hours to meet the needs of individual cases. These cases will be carried out at an agreed enhanced rate.
EADRs will work to the best of our professional and commercial abilities to recover as much data as possible from client's media, within an agreed reasonable response time. EADRs agrees to keep clients informed of any delays to the agreed times but cannot be responsible for outside constraints, i.e. postal strikes, delays to parts deliveries, etc.
The client hereby represents, warrants, and affirms that he, she, or it is the owner or the authorized representative of the owner of the property and all of the information and data stored on said property. By asking East Anglian Data Recovery Services Ltd to enter into this agreement with you, as client, you declare that the foregoing representations are true and correct. You agree to indemnify East Anglian Data Recovery Services Ltd for any claims against East Anglian Data Recovery Services Ltd related to this data recovery.
Before Commencement of Recovery
Please note that for all non-physical successful recoveries completed, our minimum charges as per our website will apply, i.e. Removable Media £75 + VAT, Hard Drive, £95 + VAT, RAID £260.
After diagnosis of your drive, should you decide not to proceed with our recovery plan quotation; a return postage fee of £15 will apply. This fee is payable before we can send the drive back to you.
EADRs will provide a quotation in writing or via email detailing the work required to recover your data. It is the responsibility of the client to respond to the written quotation and confirm this either by telephone or by email prior to the commencement of works. We will not proceed with your work until such approval is received.
In the event that the client decides not to proceed with the recovery at the quotation stage, it is the practice of EADRs to charge a return postage fee. However, we also reserve the right to charge the client for any works carried out and/or parts used should the client decide to stop the recovery after giving us written or verbal confirmation.
Payment of our services is due in full upon completion of the data recovery process. EADRs will not release any data back to the client until such payment is received. Our preferred method of payment collection is by valid credit/debit card. For those customers who do not have credit or debit cards, we do accept BACS Payment (faster option via on line banking, please ask for our account details). We also accept Paypal for those with an account. We are also able to accommodate cheque payments but please note, we are unable to dispatch the data back to you until payment has cleared.
EADRs reserves the right to charge a late payment fee and interest on any invoice which remains unpaid after the specified payment date. The current fee for late payment is £50 and the interest rate is 1.5% per calendar month.
EADRs states that all amounts specified are exclusive of VAT, currently at 20%.
Confidentiality
EADRs carries out all work in house and therefore all client data is handled by EADRs staff alone. We agree not to disclose any information from the data recovered to any other party. All client data is stored securely at our premises and upon recovery, is stored on secure servers.
EADRs will not examine any of the file content supplied to them for recovery purposes. We accept no liability for the integrity or corruption of the data recovered.
Data Recovery
Commencement of recovery will only occur after verbal or written confirmation of our quotation has been received.
EADRs may be required to carry out physical or forensic work to client's hard drives. The client must accept that their media has already suffered significant damage prior to engaging our services and that our efforts to recover the lost data could result in further damage. EADRs will not be held responsible for this or any other type of damage incurred. It is also our duty of care to point out that any physical work carried out on your media may in fact void any current warranties in place.
EADRs will provide the client with a full listing of all recovered items from the media provided, however, the client must be aware that it is not always possible to recover all items due to the damage sustained. EADRs will endeavour to recover 100% of client's data but is unable to guarantee this in every case.
EADRs reserves the right to make additional charges to the client in the unlikely event that damage to the drive is more significant than originally diagnosed. The client may decline to proceed, however, EADRs reserves the right to charge the client for all parts ordered up to and including that stage of the works, prior to the client suspending the recovery process.
EADRs will only make a charge to the client in the event that we are successful in recovering data from the client's media. We cannot, however, be responsible for the completeness or integrity of the data recovered, unless previously agreed. The client understands that Data Recovery cannot be guaranteed.
In NO event will EADRs or any contractor, employee or agent of EADRs be liable for any loss of data, or loss of revenue, or profits or any special, incidental, or consequential damages, however caused, in connection with this agreement or any service provided by EADRs or its agents, contractors, or employees – even if EADRs has been advised of the possibility of damage or loss to persons or property.
EADRs' 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.
East Anglian Data Recovery Services Ltd agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at East Anglian Data Recovery Services Ltd' discretion, either
- (a) additional attempts by East Anglian Data Recovery Services Ltd to recover satisfactory data or
- (b) a refund of the amount paid by the client.
The parties acknowledge that the price of EADRs' data recovery services would be much greater if EADRs undertook more extensive liability or promised additional remedies.
Client is 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 East Anglian Data Recovery Services Ltd, and assumes any and all known risks of injury and property damage that may result.
East Anglian Data Recovery Services Ltd agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client equipment to any third parties except to employees , independent contractors, Solicitors, or agents of East Anglian Data Recovery Services Ltd subject to confidentiality agreements or as required by law.
Completion of our Services
Upon completion of the recovery process, EADRs will return the client's recovered data to them on agreed suitable media. The cost of this media is in addition to the charges in our quotation for the data recovery, unless specified at the time of engagement of our services. EADRs will provide, at cost price only, media on an equivalent basis to the damaged hard drive. The client may also provide us with suitable media at the time of engagement of our services, however, EADRs is not responsible for the integrity or compatibility of such media.
EADRs will return the recovered data by a traceable, next day service. This is usually via Royal Mail but other services may be used, such as a named courier, e.g. DHL, UPS, Parcelforce etc. We reserve the right to make an additional charge to the client for an enhanced service, eg. same day delivery. We hold no responsibility for delays encountered as a result of the postal network, nor are we responsible for loss of profits or inconvenience caused by such delays under any circumstances unless previously agreed. Any property left with East Anglian Data Recovery Services Ltd unclaimed for 30 days, will be disposed or recycled. At which time, East Anglian Data Recovery Services Ltd shall have no liability to the client or any third party.
It is the responsibility of the client to inspect the recovered data within 5 working days of receipt, during which time we will answer any questions arising. If any remedial work is required, this is at the discretion of EADRs. In the event that we are unsuccessful in resolving any queries at this time, the client may request a full or partial refund of charges made, which will again be paid at the discretion of EADRs.
EADRs will retain a copy of the client's recovered data on our system for a period of one month, after which time this will be securely erased. We will also retain the client's original media, which will be disposed of securely, ecologically and confidentially, unless the client specifies that they wish this to be returned to them. The client is then responsible for the additional postage/packing fee involved in this instance.
The only liability EADRs has to the client is limited to the extent of our data recovery services; we do not offer any warranties or guarantees in relation to the return hardware or transfer media provided.
EADRs shall not be liable as a result of this agreement or the performance of any data recovery services or evaluation of the possibility of providing data recovery services, for any claims regarding the physical functioning of equipment or media or the condition or existence of data on storage media supplied before, during or after service.
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