The following terms and conditions regulate your request for, purchase of, or receipt of data recovery services provided and delivered by RAID Recovery Services, doing business as “RAID Recovery Services”.
We encourage you to read our Terms and Conditions before submitting a data recovery case. Once a case submission has been received under these terms, the company will designate the appropriate representatives to carry out the services. RAID Recovery Services reserves the right to amend these terms at any time.
Evaluation Process
The purpose of the evaluation process is to assess the likelihood of successful data recovery and to estimate the resources required (engineers’ time, spare parts, etc.) in order to provide the customer with an accurate quotation.
Evaluation fees must be paid in advance. Customers will be informed of any additional fees before they are incurred.
If the customer does not send the device to our laboratory, evaluation fees are refundable upon request within three working days. If a device has been delivered to the laboratory, or the customer has used the provided shipping label, the evaluation fee is not refundable.
Service Quote and Authorization of the Recovery Process
If you accept the cost and terms of the data recovery service stated in the service quote, you should electronically sign the quote and provide credit card details to authorise the recovery process.
Turnaround times are given under normal circumstances. However, due to the nature of data recovery, unforeseen circumstances, complications, or technical issues may arise during the recovery process, which may result in the need for additional time. By approving these Terms and Conditions, you acknowledge and accept the possibility of such extensions.
The costs associated with data recovery do not include a new return data storage device, which will be quoted separately. Where possible, and if the volume of recovered data does not exceed the set limit, data will be made available via Secure Cloud Storage.
The Customer must ensure that the correct media is submitted. RAID Recovery Services cannot accept responsibility for errors made by the Customer. If the Customer submits an incorrect data storage device, authorises the recovery service, and RAID Recovery Services completes the service, the Customer will remain liable for the cost of the authorised services. These and all other recovery terms are set out in a separate document signed by the Customer.
Completed Recovery Service
We will use all reasonable methods to recover the data that can be retrieved from your storage device. If recovery is successful, we will contact you by email to arrange a file verification session. Further details of the completed data recovery service will be set out in a separate document signed by the Customer.
Data Delivery Options for Recovered Data
We will not release your recovered data until full payment has been received for the services and related costs (including applicable service fees, new device costs, and shipping charges). We offer two options for the return of your recovered data:
- A temporary cloud account will be created and provided, allowing you to download your recovered data.
- Your data will be returned on a brand-new external hard drive, for which an additional charge will apply.
All return media will be encrypted by default to ensure data security during shipping. Further details of data delivery options will be set out in a separate document signed by the Customer.
Unsuccessful Recovery Effort
If data recovery from your submitted device is unsuccessful, we will notify you accordingly and no service charges will apply. Please note, however, that return shipping and handling costs are excluded.
Return of Original Media
Upon request, your original device can be returned to you, subject to payment of the return shipping costs.
We kindly ask that you do not send USB cables, accessories, or original packaging with your devices. All media enclosures, cables, and boxes are removed during the evaluation process and are not returned.
Please be aware that certain devices (for example, iMacs) may be damaged during the evaluation or recovery process, rendering them unusable. In such cases, 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 for a period of 30 days will be disposed of, reused, or recycled. By leaving your device beyond this period, you release RAID Recovery Services from any confidentiality obligations relating to the data. A certificate of destruction can be provided on request.
Service Limitations
You (the legal owner of the submitted storage device) acknowledge that data recovery cannot be guaranteed. Every reasonable effort will be made to recover the data, but no specific results are promised. You also understand that a hard drive, flash drive, memory card, or mobile phone may fail and render data unrecoverable at any attempt or time, even while in the possession of RAID Recovery Services engineers. Under no circumstances will RAID Recovery Services accept responsibility for such events.
Terms of Payment and Payment Plans for Data Recovery Service
A valid payment method must be provided by the Customer to process payment. We do not request advance payment for data recovery services. We accept various payment methods and offer payment plans. Full details relating to payment will be set out in a separate document signed by the Customer.
Refunds
- If the Customer does not send the device to our laboratory, evaluation fees are refundable upon request within three working days.
- If a device has been delivered to the laboratory, or the Customer has used the provided shipping label, the evaluation fee is non-refundable.
- Due to the nature of data recovery, once results have been verified remotely, no refunds can be issued.
Taxes
You acknowledge that RAID Recovery Services will withhold and remit all taxes where required by law.
Authorization
By sending your data storage device to RAID Recovery Services, you automatically authorise RAID Recovery Services, its employees, independent contractors, agents and delegates to receive and transport the device submitted for data recovery, and to carry out inspection, evaluation, data verification, recovery attempts and processing of the device.
Legal Rights
By submitting a new data recovery case, you represent and warrant to RAID Recovery Services that you are of the legal age of majority in your country of residence. You also warrant that you are the lawful owner of the submitted device and/or data, or an authorised representative of the lawful owner. In addition, you confirm that the data on the device is legal and that you hold all necessary rights:
– to send us the storage media and data;
– to have the data recovered using the services provided by RAID Recovery Services;
– to receive the recovered data;
– to agree to these Terms and Conditions.
The lawful owner, or their authorised representative, agrees to defend and indemnify RAID Recovery Services and its employees against any claims or legal actions arising in connection with the submitted storage device, equipment or data, or any dispute regarding your rights to the same.
Confidentiality
Protecting the confidentiality of your private information and/or recovered data is of the utmost importance. We confirm that we will safeguard your data against unauthorised access, except where disclosure is required by law, and that your submitted storage device and confidential data will be used solely for the purposes of data recovery.
Disclaimer
RAID Recovery Services, together with its employees, engineers, directors and officers, makes no express warranties, guarantees, representations or conditions regarding the data recovery services provided or their outcome. All data recovery attempts are performed on an “as is” basis, with all inherent faults, and at your sole risk.
Limitation of Liability
The Customer acknowledges that the data storage device is already damaged prior to receipt by RAID Recovery Services. RAID Recovery Services will not be liable for any claims relating to the transportation, packaging, physical condition, functionality of the storage device or equipment, or the condition or existence of data on the device, whether before, during, or after the provision of data recovery services, unless the Customer can prove that we caused damage intentionally.
To the maximum extent permitted by applicable law, this disclaimer applies to all damages, even where RAID Recovery Services has been advised of the possibility of loss or harm to persons or property. Our liability of any kind in relation to the data recovery services, including any negligence on our part, shall be limited to the total amount paid by the Customer for the services provided.
In no event will RAID Recovery Services or its contractors, officers, directors, or employees be liable for any loss of data, damage to the device, loss of revenue or profit, or for any indirect, special, incidental, or consequential damages arising out of the services provided. The sole purpose of this limitation is to cap our liability for performing data recovery services, and the allocation of risk is reflected in our pricing. You acknowledge and agree that the price of the services would have been higher if RAID Recovery Services had assumed greater liability.
You also acknowledge and accept the inherent risks associated with data recovery, including the possibility of damage to or destruction of the storage device or data, and the inability to recover data, and agree that such risks shall be borne entirely at your own responsibility.
Transportation of Devices
Transportation of a data storage device may be arranged by the Customer or by third-party professional couriers. RAID Recovery Services will not be held liable for the condition of the Customer’s device during transport to or from our laboratories, regardless of whether shipping is arranged by the Customer or a courier.
The Customer reserves the right to request that their storage device be insured by the courier for an additional cost. The Customer must inform RAID Recovery Services in writing of any special packaging requirements or the desired insurance value of the storage device for transport.
When RAID Recovery Services ships the Customer’s device, we use appropriate packaging and estimate the physical value of the device for transport.
In the unlikely event of damage or loss of the device during transit, an insurance claim may be made against the courier. Following the courier’s investigation, the Customer may be entitled to compensation depending on the claim outcome. RAID Recovery Services will not be responsible for claims denied by the courier, and the Customer will not be entitled to dispute or withhold payment of fees for completed data recovery services.
Personal Data
You acknowledge that you (the lawful owner, or the authorised representative of the lawful owner) will provide accurate information as requested in the online submission form, including your full name, email address, postal address, telephone number, and payment card details. You must maintain and promptly update your personal information (“Personal Data”) when necessary.
You also agree that we may communicate with you using the contact details you provide, and that we may send notifications regarding your cases. RAID Recovery Services shall not be held liable for any issues arising from your failure to maintain correct Personal Data.
Compliance with Laws
As a Customer, you agree to comply with all applicable laws, statutes and regulations regarding your use of RAID Recovery Services and this website. RAID Recovery Services reserves the right to report any violations to law enforcement or other appropriate authorities. Upon becoming aware of facts suggesting that specific terms and/or conditions of RAID Recovery Services or this website have been breached, RAID Recovery Services reserves the right to carry out an independent investigation to assess the extent and motive of the breach. You agree to cooperate with such investigations and understand that the results may be shared with law enforcement or other relevant authorities, and that you may be subject to penalties or civil liability.
International Trade Law
You understand that all RAID Recovery Services offerings and this website are subject to customs and export control laws and regulations of the United States. RAID Recovery Services reserves the right to refuse data recovery services or to withhold the return of any storage devices determined to be in violation of such laws or regulations.
Settlement of Disputes
Any dispute arising out of or relating to this Agreement, including any alleged breach, termination, validity, interpretation, or performance thereof (“Dispute”), shall be resolved according to the following procedures:
A. Negotiation
Upon written notice of any Dispute, the parties shall attempt to resolve it promptly through negotiation between executives with authority to settle the matter. This process should be completed within 30 days (“Negotiation”).
B. Mediation
If the Dispute is not resolved by negotiation in accordance with paragraph A, the parties shall proceed to mediation, unless they agree to a different timeframe. A “Notice of Mediation” shall be served, confirming that Negotiation was unsuccessful and commencing the mediation process.
The parties shall seek to agree on the appointment of a mediator; if they cannot agree within 14 days, a mediator will be appointed by [a local mediation service provider]. The mediation session shall take place within 45 days of the mediator’s appointment and last for at least one full mediation day before either party may withdraw from the process. The parties may agree to continue the mediation beyond one day until a settlement agreement is reached, or until one party (or the mediator) issues a “Notice of Termination of Mediation” stating that an impasse has been reached. Every reasonable effort will be made to complete the mediation within 30 days of the first session.
During mediation, no party may rely on another party’s failure to fully comply with paragraph A as grounds to refuse to proceed or to delay the mediation. Service of the Notice of Mediation shall suspend the running of any applicable limitation period relating to the Dispute until 30 days after the mediation is concluded or a Notice of Impasse is issued. Unless agreed otherwise, each party shall bear an equal share of the mediation costs.
All communications, whether written or oral, during Phases A and B are confidential and shall be treated as settlement negotiations for the purposes of applicable rules of evidence. However, documents created in the ordinary course of business before the Dispute, which would otherwise be discoverable, do not become confidential merely because they are used during the Negotiation or Mediation. Confidentiality terms shall be agreed with the mediator and/or mediation service provider.
C. Arbitration
Any Dispute not resolved through negotiation or mediation in accordance with paragraphs A and B shall be resolved by final and binding arbitration. Unless otherwise agreed, arbitration shall take place in London, England, in accordance with the Arbitration Act 1996 and the rules of a recognised UK arbitration body (such as the London Court of International Arbitration). The arbitration shall be conducted by one arbitrator, unless the Dispute exceeds the equivalent of one million US dollars, in which case a panel of three neutral arbitrators shall be appointed.
The arbitrators may award costs and/or legal fees to the prevailing party. The parties acknowledge that arbitration is final and binding, and that they are waiving their rights to pursue other resolution processes (such as court proceedings), except where statutory rights apply.
Assignment
You agree that these Terms cannot be assigned or transferred without the prior written approval of RAID Recovery Services. RAID Recovery Services reserves the right to assign or delegate all or part of its rights and obligations under these Terms without your approval, but will provide you with written notice should this occur.
