When you request, purchase, or receive data recovery services from Data Recovery New York (also known as “Data Recovery New York” and referred to here as “we,” “us,” “our,” or “laboratory”), your agreement is subject to the terms and conditions outlined below. Our offices are situated at:
2424 Ocean Ave, unit 1A, Brooklyn, NY 11229
3707 FM 1960, suite 103 Houston, TX 77068
4711 Oakwood Ave, suite 200, Los Angeles, CA 90004
We encourage you to read our Terms and Conditions before submitting a data recovery case. After receiving a case submission under these terms, the company will designate the applicable representatives to perform the services. Data Recovery New York reserves the right to change these terms anytime.
Evaluation Process
The evaluation process aims to assess the likelihood of data recovery and determine the resources required (such as engineers’ time, spare parts, etc.) for the recovery effort. This allows for an accurate cost estimate to be provided to the customer. Customers must pay evaluation fees upfront and will be informed of any extra charges beforehand.
If the customer fails to send the device to the lab, they can request a refund of the evaluation fees within three working days. However, if the device has been delivered to the lab or if the customer utilized the provided shipping label, the evaluation fee paid is non-refundable.
Service Quote and Authorization of the Recovery Process
To proceed with the data recovery service outlined in the service quote, please electronically sign the quote and provide your credit card information for authorization. Typically, the estimated turnaround time is given under optimal conditions. However, given the unpredictable nature of data recovery, unforeseen complications and technical issues can arise during the recovery process, potentially requiring additional time. By agreeing to the Terms and Conditions, you acknowledge and accept the possibility of extensions to the time estimate.
Costs related to data recovery do not cover a new data return storage device, which will be quoted separately. If feasible and the data volume is within the allowable limit, recovered data will be accessible via Secure Cloud Storage.
Customers must ensure they submit the correct media. Data Recovery New York is not liable for mistakes made by the customer. If the wrong data storage device is sent to Data Recovery New York and the data recovery services have been approved and completed by Data Recovery New York, the customer will incur charges for the authorized services. All recovery terms, including these, are outlined in a separate agreement signed by the customer.
Completed Recovery Service
We will utilize every available technique to retrieve all salvageable data from your storage device. Upon successful data recovery, we will email you to arrange a Customer file validation session. Additional terms of the accomplished data recovery service are outlined in a document endorsed by the customer.
Data Delivery Options for Recovered Data
Your data will be held until payment for services and associated costs (including applicable service fees, new device costs, and shipping fees) is received. Two options are available for data retrieval: 1. A temporary cloud account will be set up for downloading the recovered data, or 2. Data can be returned on a new external hard drive, with an additional fee for the drive. Encrypted return media ensures data security during shipping. Further specifics on data delivery are outlined in a separate customer-signed document.
Unsuccessful Recovery Effort
If data recovery from your submitted device is not possible, we will notify you, and there will be no charge for the services rendered (excluding cases with a non-refundable upfront fee). Customers must cover return shipping and handling costs.
Return of Original Media
If you ask, we can send you the original device. You will incur the shipping cost for the return.
Please refrain from including USB cables or additional accessories with your devices. Media enclosures, cables, and original packaging are removed during the device evaluation process and put to use.
Please be aware that certain devices, such as iMacs, may incur damage during the evaluation and recovery process, rendering them unusable. Regrettably, we will be unable to return these devices.
Disposal of Abandoned Storage Media
Any data storage device left on our premises without communication from the customer will be disposed of, reused, or recycled after 30 days. By doing so, you release PITS from any confidentiality obligations. A certificate of destruction is available upon customer request.
Service Limitations
As the legal owner of the submitted storage device, you acknowledge that data recovery cannot be guaranteed. While every reasonable effort will be made, no specific results are promised. Data Recovery New York’s engineers understand that despite their best efforts, a hard drive, flash drive, memory card, or mobile phone may still fail or result in unrecoverable data. Data Recovery New York does not take responsibility for such occurrences.
Payment Terms and Plans for Data Recovery Services
Customers must provide a valid payment method for payment processing. No upfront payment is required for data recovery services. We offer multiple payment methods and plans. Further payment details are outlined in a separate document signed by the customer.
Refunds
- If the customer fails to send the device to the lab, they can request a refund of the evaluation fees within three business days.
- If a device is delivered to the lab or a customer utilizes the provided shipping label, the evaluation fee paid is non-refundable.
- The initial service fee, if applicable, is non-refundable. This means that once the fee is paid, it will not be returned, regardless of the success of the data recovery process.
- Due to the nature of data recovery, no refunds can be processed once results have been verified remotely.
Taxes
You accept that Data Recovery New York shall withhold all taxes where necessary and required by law.
Authorization
By sending your data storage device to Data Recovery New York, you permit Data Recovery New York, along with its employees, independent contractors, agents, and delegates, to receive and transport your device (for data recovery) and to carry out inspections, evaluations, data checks, recovery attempts, and processing of the device.
Legal Rights
When submitting a new data recovery case, you confirm to Data Recovery New York that you are of legal age in your state or country. You also confirm that you are the rightful owner or an authorized representative of the device and data. Additionally, you confirm that the data is lawful and that you possess all necessary legal rights.
– to send us the storage media and data;
– to have the data recovered using the services Data Recovery New York provides;
– to receive the recovered data;
– to agree to these terms & conditions.
The legal owner or their authorized representative shall protect and indemnify Data Recovery New York and its employees against any claims or legal actions concerning the submitted storage device, equipment, data, or your rights regarding them.
Confidentiality
Ensuring the confidentiality of your private information and recovered data is crucial. We assure you that we will safeguard your data from unauthorized access, except as mandated by law. Your submitted storage device and confidential data will only be used for data recovery.
Disclaimer
Data Recovery New York and its staff do not provide explicit warranties, guarantees, representations, or conditions concerning the data recovery services or their results. All data recovery efforts are carried out at your own risk, with all anticipated faults.
Limitation of Liability
The Customer agrees that the data storage device was already damaged before being received by Data Recovery New York. Data Recovery New York will not be held responsible for any claims related to transportation, packaging, damages, or the functionality of the storage device, equipment, or data condition before, during, or after recovery services unless proven intentional on our part. This disclaimer covers all damages, regardless of any warnings about potential harm during transportation of a data storage device.
Our liability regarding data recovery services, including negligence, is limited to the total payment made by the Customer. Data Recovery New York and its team are not liable for data loss, device damage, or any revenue or profit losses, including indirect or incidental damages from our services.
The purpose of this limitation is to restrict our liability for data recovery services, with risk allocation reflected in our prices. By approving our exclusive services, you agree that costs may increase with additional liability. Understanding the inherent risks of injury and property damage involved in data recovery is crucial. This includes risks of storage device damage, data loss, and your responsibility for these risks.
The Customer can transport a data storage device or use third-party shipping couriers. Data Recovery New York is not responsible for the condition of the Customer’s device during transportation to or from their labs or addresses provided by couriers. Customers can choose to insure their devices at an extra cost. In writing, they must notify Data Recovery New York about any special packaging needs and desired insurance value for transport.
When Data Recovery New York ships a customer’s data storage device, it utilizes suitable packaging and assesses the physical value of the storage device for transit. If the data storage device is damaged or lost, you can file an insurance claim with the shipping couriers. Following an investigation, the Customer may receive compensation. Data Recovery New York is not liable for denied claims by the courier, and the Customer cannot dispute the service fee for completed data recovery.
Personal Data
By agreeing, you confirm that you, as the legal owner or authorized representative, will accurately provide your full name, email, address, phone number, and payment details through the online form. You are responsible for keeping your personal information (Personal Data) current and accurate.
By using the contact information you provided, we may reach out for communication and send notifications regarding your cases. Data Recovery New York is not liable for any inaccuracies in Personal Data maintenance on your end.
Compliance with Laws
By using Data Recovery New York services and this website, you, as a Customer, must adhere to all applicable laws, statutes, and regulations. Data Recovery New York retains the right to report violations to the appropriate authorities. In case of any breach, Data Recovery New York may conduct an independent investigation to assess the extent of harm and motives. Your cooperation in such investigations is mandatory, and the outcomes may be shared with the authorities, potentially leading to penalties and civil liabilities.
International Trade Law
By using Data Recovery New York services or this website, you acknowledge U.S. customs and export control laws bind them. Data Recovery New York retains the right to decline data recovery services or return storage devices violating laws and regulations.
Settlement of Disputes
Any disagreement related to this Agreement, such as alleged breach, termination, validity, interpretation, and performance (“Dispute”), will be settled using the following procedures:
A.Negotiation
Upon receiving written notice of any dispute, the parties will aim to promptly resolve it through negotiation among executives with the authority to settle the dispute. This negotiation process should conclude within 30 days.
B.Mediation
If the Dispute remains unresolved after negotiations, as per paragraph A, the parties will move to mediation unless they mutually agree on a different timeline. A “Mediation Notice” will be issued if the negotiation is unsuccessful.
Initiate the mediation process. The parties will need to select a mediator; if they fail to agree within 14 days, a local mediation service provider will appoint one. The mediation session must occur within 45 days of choosing the mediator, lasting at least one full day before any party can opt-out. Parties may extend the mediation process until a settlement is reached, or if there’s an impasse, a notice of termination will be issued. Every effort will be made to conclude the mediation within 30 days of the initial session.
During the mediation, no party can use non-compliance with paragraph A as a reason to stop or delay the process. Serving the Notice of Mediation will pause any time limit for the Dispute until 30 days after the parties confirm the mediation’s conclusion or the mediator declares an impasse. Unless agreed otherwise, both sides will split the mediation expenses equally.
All communications, whether written or spoken, in Phases A and B are confidential and considered settlement negotiations under relevant rules of evidence. However, documents created before the Dispute in the regular course of business, which would typically be accessible, do not automatically become confidential when utilized in the negotiation and/or mediation process. Confidentiality in the process will be determined by mutually agreed terms with the mediator and/or mediation service provider.
C.Arbitration
Disputes not resolved by negotiation or mediation, as outlined in sections A and B, will be resolved through final arbitration under New York City rules. The arbitration will occur in New York City with one arbitrator unless the dispute exceeds one million US dollars, in which case three neutral arbitrators will form a panel. The arbitrators may grant the winning party costs and/or attorneys’ fees. The parties acknowledge that arbitration is conclusive and relinquish their rights to other resolution methods like court proceedings or administrative actions.
Assignment
You acknowledge that the current Terms may not be assigned or transferred without written approval from Data Recovery New York. Data Recovery New York can transfer its rights and responsibilities under these times without your consent but will inform you in writing of any transfer.