1. General Information 1.1. In these terms and conditions, references to HDR relates to Home Data Recovery. The term Client or Customer relates to any person, firm, company or any other party that sends media to Home Data Recovery for diagnostics or data recovery.
1.2. As part of its analysis process, HDR agree to use its best knowledge and expertise to determine the like hood and where possible the volume of recoverable data from the clientís media.
1.3. As part of its recovery process, HDR will endeavour to retrieve or replicate the maximum amount of data from the clientís media.
1.4. HDR days of business are defined as Monday to Friday, excluding any public Holidays. Business hours are defined as 6.00PM to 8.00PM. Data Recovery services may not be provided outside of these hours.
1.5. HDR will use reasonable endeavours to meet relevant response times. However, failure to meet any response times is not the essence of any contractual obligation.
2. Charges and Payments 2.1. All prices quoted by representatives of HDR are inclusive of VAT (currently 17.5% of the total amount payable).
2.2. The client understands that payment is due in full upon completion of the data recovery process and prior to release of data and/or original media (whether shipped, picked up or downloaded), unless by special previous arrangement. Payment can be made via Credit/ Debit card (VISA, MasterCard, American Express, Switch, Maestro, Electron etc), company or personal cheque. On occasions HDR reserves the right to express the payment must be cleared in full before the data is released to the client.
2.3. The client agrees to pay the applicable fee for these services by HDR, in addition to the shipping and handling expenses.
3. Confidentiality 3.1. As part of its confidentiality policy, HDR agrees not to disclose any / all information or data files supplied with, stored on, or recovered from client equipment except to employees or agents of HDR subject to confidentiality agreements or as required by law, without the consent of the client.
4. Diagnostics and Recovery Processes. 4.1. The client is aware that on occasions, HDR 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. HDR reserves the right to charge the client for such additional media, at an agreed cost.
4.2. HDR agrees that any payment for a recovery will only be processed in the event that data is successfully recovered from the clientís media. The client understands that due to the complex nature of data recovery, it is not always possible to recover all the information from the clientís media. HDR makes no prevision for the completeness, relevance or importance of the data recovered for the client unless otherwise agreed in writing by HDR and the client.
4.3. The client understands that the recovery procedure is a final attempt towards the recovery of data and could result in loss of part, or all, of the data stored thereon, and that HDR makes no warranty or guarantee as to the success of its attempts.
4.4. The client releases HDR from any liability for any data loss which may occur during, or as a result of, the analysis or recovery procedure.
4.5. The client understands that HDR cannot be held responsible for the integrity of recovered data created by software that is either extremely rare or proprietary.
4.6. The client understands that, even if the data is successfully recovered, there is a possibility that individual files may still be inaccessible due to the type of damage originally sustained.
5. Performance, Delivery & Carriage 5.1. HDR agrees to return all recovered data on suitable media. Examples of this include but not limited to CD-ROM, DVD-R or a replacement hard drive. As part of its standard data recovery service, HDR currently returns a maximum of 3GB of data on CD-ROM and 40GB of data on DVD-R. HDR reserve the right to refuse or charge the client an agreed amount for returning data on these forms of media when the recovered data exceeds these limits. 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 HDR.
5.2. All data recovered by HDR is retuned to the client via a traceable service. Example of this include, but not limited to Royal Mail Special Delivery, Business Post, UPS, TNT or City Link delivery. Other arrangements for return of clientís data, may be arranged, however on occasions HDR reserve the right to charge the client for the postal service provided and any associated administration fees. This charge is in addition to the charge agreed for the data recovery process.
5.3. HDR 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 HDR.
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 HDR 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 HDR.
5.5. HDR will retain a copy of your recovered data for a period of seven days from the date of dispatch. During this period HDR will answer any queries concerning the recovered data and, if required, provide further copies at an additional charge of £5 per DVD. On occasions, with the client's consent HDR may retain a copy of your recovered data and/or digital image beyond this point. In circumstances such as these HDR reserves the right to charge a fee for duplicate copies of data, data storage, management and security.
5.6. The client understands that all media returned as part of HDR free return service is provided via Royal Mailís standard postal service, unless otherwise agreed by a representative of HDR. As this service is non-traceable, HDR holds no responsibility for any media lost or damaged within the postal network.
5.7. HDR cannot be held responsible for the unlikely event of media loss during delivery by post.
6. Legality 6.1. The client agrees that all media and its content provided to HDR 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.
6.2. The client declares that they are the owner of the data stored on the consigned data carrier or they have documents authorising me to request the recovery of this data on behalf of its rightful owners (please provide relevant documents for the latter case).