Datlabs Data Recovery Services Terms and Conditions.

In engaging Datlabs services you acknowledge and agree that you are bound by the following Terms and Conditions.

General

Datlabs complies with the Data Protection Act and will keep all data recovered from your media confidential to the extent that it keeps its own data confidential.

Any consent required of either party will be effective if provided in a commercially reasonable manner, which includes without limitation facsimile (fax), in person, by telephone or email; if followed by written or verbal confirmation at the earliest possible opportunity.

You the customer, your representatives or agents agree that:-

you are in lawful possession of any data, devices and equipment that you hand to Datlabs and that you have a lawful purpose to request Datlabs services.

by engaging Datlabs you warrant that your media/data or equipment is not involved in litigation, criminal proceedings or any criminal act.

separate commercial cover and procedures are required for any forensic examination of data storage equipment and stored data needed under legal imperatives.

the storage media, data and equipment that you are making available to Datlabs is faulty or damaged, that Datlabs data recovery services can result in further loss or damage, that your media and/or equipment warranties may become void and that the supplier is not in all events responsible for any type of loss or damage of equipment or data.

during or after any engagement you do not and will not employ, seek to employ, solicit or entice to your employment either directly or indirectly any employee or representative of the company. (the word “employee” or “representative” includes Directors and Officers of the company.)

in making any representation of employment either verbal or in writing directly or through a third party that you will immediately pay a fee equal to twice the annual remuneration of employee/s or representative/s to the Holding Company of Datlabs.

you agree additional to the above to pay immediately to Datlabs parent company a fee equal to five times the employee/s or representative/s annual salary should the employee or officer of the company be found to be in your, your organization, subdivision or associated company, direct or indirect employ within five years following your latest engagement.

all such fees referred to are payable to the parent company in cash.

Services

You agree that Datlabs in this undertaking does not offer guarantees or warranties of any kind and that the supplier has no liability whatsoever for work undertaken, equipment or data provided or for any advice or instruction offered either written or verbal.

When you engage Datlabs services you agree that Datlabs at its absolute discretion reserves the right to subcontract the services it has offered to you under these terms and conditions.

When services are provided on a site where the equipment you are responsible for is or has been deployed, you agree that the supplier or its agents, bear no responsibility or liability whatsoever for any interruption to or failure of service, damage to equipment or for any act involving any third party, howsoever incurred.

You understand that the extent of any liability to you is strictly limited to the fees you pay the supplier for its services in data recovery.

Datlabs will provide an initial quotation either verbally or in writing for its services to you, this initial quotation is an estimate of charges and is in all events is not commercially binding.

Dispute

In the unlikely event a dispute arises that cannot be settled informally, both you and the supplier agree that such dispute will be resolved according to the laws of England.

Fees

You agree and consent to any charges and services to be performed by the supplier and of which you have been informed in writing or to which you have agreed to verbally.

All fees quoted will be excluding VAT. VAT will be charged at the statutory rate for products and services supplied in the UK .

You agree and acknowledge that all fees will fall due immediately on the recovery of data from your storage media and in all events payments against invoices must be settled within 28 days of the invoice date. All Invoices outstanding beyond this date will be referred to the supplier debt collection agent.

All due payments will then be subject to a surcharge of 15% plus vat to cover the collection costs incurred. You agree that you will also be responsible for all other charges and legal fees incurred as a result of your failure to discharge your debts within the agreed due period.

Hard Disk Drive and Drive and Integrated Data Storage Devices.

The following refers to the supplier services in the recovery of data or otherwise from single data storage products such as computer hard drives or devices with an integral data storage capability such as mobile phones, tablets, usb sticks and the like.

Receiving and Returning your goods.

You agree and consent to hand to Datlabs or its agents your equipment/storage media and that you have determined this equipment is faulty or not functional.

In all events you agree to package your goods adequately against harm or damage in transport and that all goods are addressed and labelled for the attention of Datlabs and bear the address of the Datlabs main offices.

In the event you hand your equipment /storage media to an agent of Datlabs you agree that you are bound by the conditions of service that exist between Datlabs and its agents and you agree to insure your goods against loss, damage or theft.

In the event the supplier or its agents arranges a courier service, paid for or otherwise, you agree that you will at your discretion insure your goods or otherwise, against loss, damage or theft and that the supplier will not accept responsibility for the cost of the equipment should this equipment be lost, stolen or damaged.

The supplier is not responsible or liable, in any event for the consequences of such loss any value or perceived value of the equipment, information or files stored on the equipment.

Diagnosis

You will be advised in writing of a diagnosis fee or otherwise. This fee is in respect of Datlabs determining the nature of the remedial work required to recover data from the equipment and storage media supplied by you. If an amount is chargeable then this fee is payable immediately on receipt of the equipment at the Datlabs Service Centre and is non- refundable.

Once funds are cleared and you accept these terms and conditions, the supplier will complete and submit to you an evaluation report and also a firm quotation for the services to be performed in attempting to recover and/or restore your data and also the work involved in checking files against the sample file list you undertook to provide under these terms and condition.

At this stage you will also be advised of any invoice charges that will fall due for additional component parts required for the work involved in attempting to recover your data.

Written or verbal consent is needed prior to Datlabs undertaking further work.

Recovering Your Data

Unless otherwise agreed in writing you consent to Datlabs attempting to recover data from your storage equipment and that in this undertaking you will become liable for any fees in the execution of the services provided by the supplier. Datlabs in making a list of your recovered data files available to you, you agree that you are satisfied with the supplier services and that any fee you were notified of is now payable for these services.

Where applicable additional charges will be made for the transfer of your data to other storage media or that you have supplied. An additional charge/s will be made for return media devices provided by the supplier. The supplier does not guarantee or pass on any warranty for such devices or products.

The supplier will where practicable retain a copy of your recovered data for a period of no more than fourteen days. During this period the supplier and/or its representatives will answer queries about the recovered data and, if required, provide further copies. You will be charged an additional fee for the provision of and the media supplied with these copies.

Multiple Single Device RAID Systems.

The following refers to the services supplied in the recovery of data or otherwise from multi hard drive systems such as RAID Systems.

Initial Work Estimate

In engaging the supplier you undertake to describe the condition of your RAID System equipment and the nature of the fault affecting access to your data and/or the operation of your device/s and equipment.

You will be provided with an initial quotation and work estimate in relation to the condition of your multi disk drive /RAID System equipment and any data recovery services to be performed by the supplier.

Prior to any undertaking you agree that you are obliged to submit in writing a description of sample files that you acknowledge and agree as proof of the successful execution of the services provided in data recovery.

In circumstances where a file list is not provided for any reason what-so-ever then the execution of the supplier services will be deemed successful by the supplier assessment of the condition of the recovered files.

You agree to provide consent or otherwise either in writing or verbally to such services prior to any services being executed.

Receiving and returning your goods

You agree and consent to hand to Datlabs or its agents your equipment/storage media and that you have determined this equipment is faulty or not functional.

In all events you agree to package your goods adequately against harm or damage in transport and that all goods are addressed and labelled for the attention of Datlabs and bear the address of the Datlabs main offices.

In the event you hand your equipment /storage media to an agent of Datlabs you agree that you are bound by the conditions of service that exist between Datlabs and its agents and you agree to insure your goods against loss , damage or theft.

In the event the supplier or its agents arranges a courier service, paid for or otherwise, you agree that you will at your discretion insure your goods or otherwise, against loss, damage or theft and that the supplier will not accept responsibility for the cost of the equipment should this equipment be lost, stolen or damaged.

The supplier is not responsible or liable, in any event for the consequences of such loss any value or perceived value of the equipment, information or files stored on the equipment.

On-Site Assistance Work

You may request Datlabs staff or representatives attend your site for the purposes of assistance and evaluation purposes only.

Under these circumstances you accept that at your site location or specified site location, Datlabs staff and or representatives are under your supervision at all times and you are responsible for their health and safety at work.
You also accept that we offer no guarantees and accept no liability what so ever for the actions and advice provided or offered, howsoever given, by our technician/s or representative/s

All on-site technical support is provided at our absolute discretion and we reserve the right of absolute refusal to provide such support and also to withdraw any agreed technical support for any reason what so ever without penalty.

You will be advised of the scale of charges for onsite attendance, You agree to pay the estimate for the work before Datlabs commit staff to attend your site location,

You will be billed for actual charges including reasonable expenses on the completion of the engagement. You commit to pay any invoices promptly.

Schedule of Services Multi-Device RAID Systems.

Stage One

Under these terms you will be charged an initial non- refundable stage one diagnostic fee.

Once funds are cleared and you accept these terms and conditions, the supplier will complete and submit to you an evaluation report and also a firm quotation for the services to be performed in attempting to recover and/or restore your data and also the work involved in checking files against the sample file list you undertook to provide under these terms and condition.

An indication of the approximate time it will take to return your data to you may also be provided in writing, whilst we will attempt to meet these timescales this is not commercially binding.

Written or verbal consent is needed prior to Datlabs undertaking further work.

Stage Two

Following diagnosis a stage two non- refundable payment is required for the rebuild of your system sufficient to retrieve data only. This may involve the repair and/or analysis of any hardware , hard disks or spare parts needed for the work involved in attempting to extract and rebuild the configuration of your system and file structures.

You will be advised as soon as is practicable should at this stage Datlabs determine that your system cannot be rebuilt sufficient to the adequate recovery of your data.

Written or verbal consent is needed prior to Datlabs undertaking further work.

Stage Three

Following Stage Two system rebuild a schedule of charges will apply for Datlabs attempting to recover your data.

If you did not supply to Datlabs a list of the data files to be retrieved, then you agree to abide by the supplier evaluation of the acceptability of your data and subject to this evaluation you MUST pay the outstanding fees in total shown in the supplier firm quotation.

Once testing and acceptance is complete you commit and agree to pay the stage three payment shown in the firm quotation.

Once all funds have been cleared, or by special dispensation your recovered data will be made available to you.

Under these terms and conditions our mandatory, telephone technical support is made available to you, during normal working hours, for a period of two normal working days starting from the acceptance date. You agree that you will apply all recovered data made available to you within 48 hours following acceptance.

The supplier commitment to you terminates at midnight on the second day following the return of your accepted data. At this date and time all outstanding payments now fall due under our standard terms of business.

You may request additional data recovery or system restoration technical support including on-site and out of hours working for which a schedule of charges will apply.

All additional technical support is provided at our absolute discretion and we reserve the right of absolute refusal to provide such support and also to withdraw any agreed technical support for any reason what so ever without penalty.

Unless otherwise agreed in writing all payments fall due as shown in the quotation.

You agree that payment of all remaining fees are not contingent upon the successful application by you of your recovered data and all payments made under these terms are non-refundable.