Terms of Service

By requesting data recovery services from Data Recovery New York, you agree to the applicable terms and conditions outlined in your service agreement.

We recommend reviewing these terms before submitting your storage device. They explain the evaluation and recovery process, applicable charges, customer responsibilities, and the conditions under which our services are provided.

The evaluation process allows our specialists to assess the condition of your storage device, identify the nature of the failure, and determine the resources required for a recovery attempt. This assessment helps us prepare an appropriate service quote.

Evaluation fees must be paid in advance. We will inform you of any additional evaluation charges before proceeding.

If you have not submitted your storage device or used the provided shipping label, you may request a refund of the evaluation fee within three business days.

Once your device has been delivered to our laboratory or you have used the provided shipping label, the evaluation fee becomes non-refundable.

Following the evaluation, Data Recovery New York will provide a service quote outlining the proposed recovery work and associated charges.

To authorize the recovery process, you must review and electronically sign the service quote and provide the required payment information.

Estimated turnaround times are based on the anticipated recovery work and the condition of the storage device. Unforeseen technical complications may require additional time. By authorizing the service, you acknowledge that the estimated completion date may change.

Data recovery service charges do not include the cost of a new storage device for returning recovered files unless otherwise specified. Any additional storage or delivery costs will be quoted separately.
Where available and appropriate for the data volume, recovered files may be delivered through a cloud-based download service.

Customers are responsible for submitting the correct storage device. If you submit an incorrect device, authorize recovery services, and the authorized work is completed, you remain responsible for the applicable service charges.

Additional recovery conditions may be outlined in a separate service agreement signed by the customer.

Our specialists will make reasonable efforts to recover accessible data from your submitted storage device using recovery methods appropriate for its condition.

If recovery is successful, we will notify you of the results and provide information regarding the next steps for payment and data delivery.

Recovery results depend on the condition of the storage media and the extent of the damage. We cannot guarantee that every file will be recoverable.

Additional terms relating to completed recovery services may be outlined in your individual service agreement.

Recovered data will be released after payment of the applicable recovery charges and associated costs, including any charges for new storage media or shipping.

Depending on the circumstances, recovered files may be delivered through one of the following methods:

1. Cloud download: We may provide temporary access to a cloud-based account where you can download your recovered files.
2. External storage device: Recovered files may be transferred to a new external hard drive or another suitable storage device. The cost of the new storage device will be charged separately.

Additional delivery arrangements, applicable charges, and any security requirements will be outlined in your individual service agreement.

Data recovery results depend on the condition of the storage device, the extent of the damage, and the accessibility of the stored information.

If a recovery attempt is unsuccessful, Data Recovery New York will notify you of the outcome and provide information regarding the next steps.

Applicable service charges, evaluation fees, and any additional costs will be determined in accordance with your individual service agreement.

If you request the return of your original storage device, applicable return shipping and handling charges may apply.

You may request the return of your original storage device following the evaluation or recovery process. Applicable return shipping charges are your responsibility.

Please do not include unnecessary accessories, such as USB cables, external enclosures, or original packaging, unless specifically requested.

Certain evaluation and recovery procedures may require opening the device, removing components, or performing physical work that affects its original functionality.

Some devices may become unusable during the evaluation or recovery process. Depending on the nature of the work performed, certain devices may not be returnable in their original condition.

Storage devices left at our facility without further communication or instructions from the customer may be considered abandoned after 30 days.

Abandoned devices may be subject to disposal, recycling, or other handling procedures in accordance with the applicable service agreement and legal requirements.

Customers are responsible for responding to communications concerning the collection, return, or continued storage of their devices.

A certificate of destruction may be provided upon request when applicable.

Data recovery involves working with storage devices that may already be physically damaged, electronically damaged, or otherwise malfunctioning.

By authorizing our services, you acknowledge that successful recovery cannot be guaranteed and that some or all of the stored data may be permanently unrecoverable.

A storage device may experience additional failure during evaluation or recovery, even when reasonable care is taken.

Data Recovery New York does not guarantee the continued functionality of submitted storage media or the successful recovery of any specific file, folder, or amount of data.

Customers must provide a valid payment method when required for service authorization or payment processing.

Applicable service charges, payment schedules, and available payment methods will be outlined in the individual service agreement.

Any required initial payment or separately agreed non-refundable charge will be disclosed before the customer authorizes the service.

Payment of the applicable recovery fees and associated charges is required before recovered data is released.

The following refund conditions apply to evaluation fees and authorized data recovery services:

• Evaluation fees may be refunded upon request within three business days if the customer has not submitted the storage device or used the provided shipping label.
• Once the storage device has been delivered to our laboratory or the provided shipping label has been used, the evaluation fee is non-refundable.
• Any separately agreed initial service fee designated as non-refundable in the individual service agreement will not be refunded, regardless of the recovery outcome.
• Following the successful completion of authorized recovery services, recovery service fees are non-refundable, subject to applicable law and any non-waivable customer rights.

Additional payment and refund conditions may be outlined in your individual service agreement.

Applicable taxes may be charged or collected when required by law.
Any taxes associated with your data recovery service will be reflected in the relevant invoice or payment documentation.

By submitting a storage device for data recovery, you authorize Data Recovery New York and its designated employees, independent contractors, agents, and representatives to receive, transport, inspect, evaluate, and process the device for the purpose of providing the requested services.

This authorization includes performing diagnostic procedures, data checks, and recovery attempts associated with the approved service.

By authorizing the recovery process, you acknowledge the technical limitations and potential risks involved in working with damaged or malfunctioning storage media.

By submitting a data recovery case, you confirm that you are of legal age and have the authority to enter into this agreement.

You also represent and warrant that you are the lawful owner of the submitted storage device and its data or have obtained the necessary authorization from the rightful owner.

You confirm that you have the legal right to:

• Submit the storage device and its contents for evaluation and recovery.
• Authorize Data Recovery New York to perform the requested services.
• Receive the recovered data.
• Accept these Terms and Conditions.

You agree to defend and indemnify Data Recovery New York and its employees against claims or legal actions arising from your lack of ownership, authorization, or legal rights concerning the submitted storage device or its contents, to the extent permitted by applicable law.

Data Recovery New York recognizes that submitted storage devices may contain personal information, confidential business records, and other sensitive data.

We will take reasonable measures to protect the confidentiality of your information and prevent unauthorized access during the recovery process.

Your submitted storage device and its contents will be accessed and processed for the purpose of providing the authorized data recovery services.

Information may be disclosed when required by applicable law or in response to a valid legal request. Additional confidentiality obligations may be outlined in your individual service agreement.

Data Recovery New York and its employees, engineers, representatives, and officers make no express warranties or guarantees concerning the success of any data recovery attempt or the completeness of recovered information, except as expressly stated in the applicable service agreement.

Data recovery services are performed subject to the technical limitations and inherent risks associated with damaged or malfunctioning storage devices.

The condition of the submitted device may prevent the recovery of some or all stored information.
Nothing in this section excludes warranties, rights, or remedies that cannot lawfully be excluded.

The customer acknowledges that the submitted storage device may already be damaged or malfunctioning before it is received by Data Recovery New York.

Data recovery procedures may involve physical or electronic intervention that can affect the condition or functionality of the device and the accessibility of its stored data.

To the maximum extent permitted by applicable law, Data Recovery New York is not liable for damage to the submitted storage device, equipment, or stored data occurring before, during, or after the recovery process, except where such liability cannot lawfully be excluded.

To the extent permitted by law, the company’s total liability arising from data recovery services, including claims involving negligence, is limited to the total amount paid by the customer for the services provided.

Data Recovery New York is not liable for lost revenue, lost profits, business interruption, indirect damages, incidental damages, or consequential losses arising from the services, except where such liability cannot lawfully be excluded.

The customer acknowledges that the pricing of data recovery services reflects the risks and limitations associated with attempting recovery from damaged or malfunctioning storage media.

Storage devices may be delivered directly by the customer or transported through third-party shipping providers.

Customers are responsible for selecting appropriate packaging and arranging any desired shipping insurance when sending a device to our facility.

If you require special packaging or a specific insurance value for return shipping, you must notify Data Recovery New York in writing before the shipment is arranged.
When returning a storage device, we will use packaging appropriate for the nature and condition of the media.

Claims involving damage or loss during transportation may need to be submitted to the relevant shipping provider.
To the extent permitted by applicable law, Data Recovery New York is not responsible for denied shipping insurance claims or losses caused by third-party shipping providers.

A shipping-related claim does not automatically cancel payment obligations for completed and authorized recovery services.

When submitting a data recovery request, you agree to provide accurate contact information, including your name, email address, telephone number, mailing address, and any additional information required to process your request.

You are responsible for keeping your contact information accurate and notifying us of any changes that may affect communication or service delivery.

Data Recovery New York may use the information you provide to communicate with you regarding your case, send service updates, process payments, and provide information related to your requested services.
For additional information about how personal information is collected, used, and handled, please review our Privacy Policy.

By using our website or requesting data recovery services, you agree to comply with all applicable laws and regulations.

Data Recovery New York reserves the right to decline services involving suspected unlawful activity and to cooperate with appropriate authorities when required or permitted by law.

Customers are responsible for ensuring that they have the legal right to submit their storage devices and request recovery of the information stored on them.

Data Recovery New York’s services are subject to applicable United States customs, export control, and international trade laws.

Customers are responsible for complying with applicable legal requirements when submitting storage devices or requesting data recovery services involving international transportation.

We reserve the right to decline services or take other actions where necessary to comply with applicable laws and regulations.

Any dispute arising from or relating to these Terms and Conditions, including disputes concerning their interpretation, performance, validity, termination, or alleged breach, will be addressed through the procedures outlined below, subject to applicable law.

Upon receiving written notice of a dispute, the parties will attempt to resolve the matter through negotiations between representatives authorized to reach a settlement.
The negotiation process should be completed within 30 days of the written notice.

If the dispute remains unresolved following negotiation, the parties will proceed to mediation unless they mutually agree to a different arrangement or timeframe.
A written Notice of Mediation will initiate the mediation process.

The parties will jointly select a mediator. If they cannot agree on a mediator within 14 days, a local mediation service provider will appoint one.

The mediation session must take place within 45 days of selecting the mediator and continue for at least one full mediation day before either party may withdraw.

The parties may agree to continue mediation beyond the initial session until a settlement is reached or the mediator determines that further negotiations are unlikely to resolve the dispute.

The parties will make reasonable efforts to complete mediation within 30 days of the initial session.
Neither party may use alleged noncompliance with the negotiation procedure as grounds to delay or prevent mediation.

The Notice of Mediation will suspend applicable dispute deadlines until 30 days after the parties confirm that mediation has concluded or the mediator declares an impasse, to the extent permitted by applicable law.

Unless otherwise agreed, the parties will share mediation expenses equally.
Communications made during negotiation and mediation will be treated as confidential settlement discussions, subject to applicable law.

Documents created before the dispute in the ordinary course of business do not automatically become confidential merely because they are used during negotiation or mediation.
Additional confidentiality conditions may be established by mutual agreement with the mediator or mediation service provider.

Any dispute that remains unresolved following negotiation and mediation will be submitted to final and binding arbitration in New York City, subject to applicable law.

Arbitration will be conducted by one neutral arbitrator unless the amount in dispute exceeds $1 million, in which case a panel of three neutral arbitrators will be appointed.

The arbitrator or arbitration panel may award costs and attorneys’ fees as permitted by the applicable arbitration rules and law.

By agreeing to this provision, the parties acknowledge that arbitration may replace the right to pursue a dispute through traditional court proceedings, subject to any rights or remedies that cannot lawfully be waived.

You may not assign or transfer your rights or obligations under these Terms and Conditions without prior written approval from Data Recovery New York.

Data Recovery New York may assign or delegate its rights and obligations under this agreement and will provide written notice of the transfer, subject to applicable law.