TERMS AND CONDITIONS
Reboot Data Recovery – Client Terms and Conditions of Service
1. General Information
1.1. In these terms and conditions, references to “Reboot Data Recovery” relates to Reboot Data Recovery. The term “Client” or “Customer” relates to any person, firm, company or any other party that sends media to Reboot Technologies for diagnostics or data recovery.
1.2. As part of its evaluation and diagnostic process, Reboot Data Recovery agrees to use its best knowledge and expertise to determine the probability of and, where possible, the volume of recoverable data from the client’s media.
1.3. As part of its recovery process, Reboot Data Recovery will endeavour to retrieve or replicate the maximum amount of data from the client’s media.
1.4. Reboot Data Recovery days of business are defined as Monday to Friday, excluding any public holiday. Business hours are defined as 9am to 5.00pm. Data Recovery services may be provided outside of these hours. Any diagnostic and/or recovery services provided outside of these hours shall be carried out at an agreed rate on a case-by-case basis.
1.5. Reboot Data Recovery will use all reasonable endeavours to achieve reasonable response times. However, unless otherwise agreed, failure to achieve any response times is not a contractual obligation. 1.6 Reboot Data Recovery from time to time will offer discounts for their services. These discounts are only available is payment for the recovery is completed within 7 days of payment demand. If payment is not completed in this 7 day window, the full recovery fee is required.
2. Estimates, Quotations and Payments
2.1. All Fixed Price Quotations offered by Reboot Data Recovery are valid for a period of 14 days, unless otherwise agreed. After this period the quotation may alter without notification.
2.2. All prices quoted by representatives of Reboot Data Recovery are exclusive of based on the location of the client or the equivalent based on exchange rate.
2.3. Acceptance of a quotation may be given in writing, verbally in person or via telephone, or electronic mail. Reboot Data Recovery reserves the right not to commence any recovery work until approval is given.
2.4. In the event that the client decides not to proceed with the recovery of data, after approval has been given, Reboot Data Recovery reserves the right to charge the client for any work and / or parts used to date. This charge is at the discretion of Reboot Data Recovery and may be equal to, but not exceed, the total approved amount for the recovery process.
2.5. The client understands that payment is due in full upon completion of the data recovery process and prior to the release of data and/or original media (whether shipped, picked up or downloaded), unless otherwise agreed. Payment can be made via cash, credit/debit card (VISA, MasterCard, company or personal cheque, bank transfers or PayPal. On occasions Reboot Data Recovery may reserve the right to demand that any payment be cleared in full before the data is released to the client.
2.6. Reboot Data Recovery reserves the right to charge interest and/or administration fees for any payments outstanding after the specified due date. The current interest rate charged by Reboot Data Recovery is 1.5% for each month the payment is outstanding. The current rates charged for administration are as follows: late payment; $50 for each calendar month outstanding, $10 for each telephone communication regarding any outstanding balance, $30 for each letter issued regarding any outstanding balance and $10 for a copy of the original invoice. All amounts listed exclude GST.
2.7 The client understands that if Reboot Data Recovery prove that a full data recovery is possible after the recovery has been approved, the full recovery amount is payable within 14 days. The client understands that failure to complete recovery payment may result in further penalties and service fees.
2.8 Reboot Data Recovery reserves the right to dispose of media which have been unclaimed for after 21 days without notice to the client. Reboot Data Recovery will dispose of media which has been evaluated after the client has been emailed a fixed price quotation if the client does not respond to the quotation after 21 days.
3.1. As part of its confidentiality policy, Reboot Data Recovery 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 Reboot Data Recovery subject to confidentiality agreements or as required by law, without the consent of the client.
3.2. Reboot Data Recovery agrees to only use authorised data recovery engineers, and that all media supplied to Reboot Data Recovery will be stored in a secure manner at one of its premises. The client understands that the location of storage may not be the same as the location to which the media was originally shipped.
3.3. All data recovered from a client’s media is stored on secure severs in accordance with the Data Protection Act 1998.
3.4. The client understands that Reboot Data Recovery is not responsible if any information relating the client’s media content falls in the possession of someone who is not the client. The client understands that Reboot Data Recovery will provide information regarding the recovery content and contents to persons which they believe are claiming to the client or a relative of the client or are calling on the client’s behalf after validating the ticket number and some personal data.
4. Diagnostics and Recovery Processes
4.1. All diagnostic reports are provided to the client via telephone or electronic mail, unless otherwise agreed by a representative of Reboot Data Recovery.
4.2. Due to the nature of data recovery, our technicians may be required to carry out physical work on the media/data/equipment made available to Reboot Data Recovery. Therefore, the client acknowledges that (a) the media/data/equipment is already damaged, (b) data recovery efforts may result in further damage to the media/data/equipment (c) the media/data/equipment warranties may become void, and (d) Reboot Data Recovery is not responsible for this or any other type of damage.
4.3. The client is aware that on occasions, Reboot Data Recovery 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. Reboot Data Recovery reserves the right to charge the client for such additional media at an agreed cost.
4.4. On rare occasions, Reboot Data Recovery may require the client to cover some of the cost of attempting the recovery. This request will only apply when the recovery is complex, the failed media has been opened previously, the media’s warranty seals are broken or when severe damage has occurred and only as a no-obligation, fixed price quotation, and is not offered as part of Reboot Data Recovery “no recovery, no fee” service.
4.5. Reboot Data Recovery agrees that any payment for a recovery will only be processed in the event that data is successfully recovered from the client’s 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 client’s media. Reboot Data Recovery makes no provisions for the completeness, relevance or importance of the data recovered for the client unless otherwise agreed in writing by Reboot Data Recovery and the client.
4.6. Reboot Data Recovery reserves the right to send or redirect any equipment or media received at any of our premises to the most suitable location for data recovery. This includes making use of affiliate or parent company laboratory facilities. In these instances Reboot Data Recovery will use a courier for the transport of the media or equipment. The client agrees that a) Reboot Data Recovery will assume the costs of this transportation and b) Reboot Data Recovery are not responsible for any damage or loss to any items transported as part of the overall aim to recover the client’s lost data.
4.7 Reboot Data Recovery reserves the right to charge an evaluation fee of $100 per media where there is evidence of the media warranty seals having been broken. This fee is non-refundable.
5. Performance, Delivery & Carriage
5.1. Reboot Data Recovery agrees to return all recovered data on suitable media. Examples of this include, but are not limited to, CD-ROM, DVD-r or a replacement hard drive. As part of its standard data recovery service Reboot Data Recovery currently returns a maximum of 1GB of data on CD-ROM and 15GB of data on DVD-r. Reboot Data Recovery reserves the right to refuse to return, 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 Reboot Data Recovery.
5.2. All replacement media has a warranty period of seven calendar days from the date of dispatch from any of Reboot Data Recovery offices, during which time Reboot Data Recovery will replace or repair any goods deemed to be faulty. After this time period, any warranty lays solely with the manufacturer of the goods and not with Reboot Data Recovery. If, after a time period of three working days, any further data recovery services are required from a returned media, it shall be charged at Reboot Data Recovery standard rate.
5.3. All data recovered by Reboot Data Recovery is returned to the client via atraceable service. However, other arrangements for the return of client’s data may be arranged. On occasions Reboot Data Recovery reserves 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.
5.4. Reboot Data Recovery 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 Reboot Data Recovery.
5.5. 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 Reboot Data Recovery, 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 Reboot Data Recovery.
5.6. Reboot Data Recovery will retain a copy of your recovered data for a period of seven days from the date of dispatch. During this period Reboot Data Recovery will answer any queries concerning the recovered data and, if required, provide further copies. On occasions, with the client’s consent, Reboot Data Recovery may retain a copy of your recovered data and/or digital image beyond this point. In circumstances such as these, Reboot Data Recovery reserves the right to charge a fee for duplicate copies of data, data storage, management and security.
5.7. The client and Reboot Data Recovery agree that the sole and exclusive remedy for any unsatisfactory work shall be at Reboot Data Recovery discretion. Reboot Data Recovery reserves the right to either (a) try additional attempts by Reboot Data Recovery engineer to remedy any unsatisfactory work, or (b) to refund the amount paid by the client in full or part.
5.8. All media sent to Reboot Data Recovery for data recovery may be retained within one of its international offices for a period of up to fourteen days after the completion of the data recovery service. During this time period, the client may request their media to be returned. Reboot Data Recovery reserves the right to charge a fee to cover the cost of postage and/or packaging in these circumstances. Any media left with Reboot Data Recovery after this time will be securely disposed of in an ecological manner, at which time Reboot Data Recovery shall hold no liability to the client or any third party.
5.9. The client understands that all media returned as part of Reboot Data Recovery free return service is provided via Royal Mail’s standard postal service, unless otherwise agreed by a representative of Reboot Data Recovery. As this service is non-traceable, Reboot Data Recovery holds no responsibility for any media lost or damaged within the postal network.
5.10. The client understands that Reboot Data Recovery does not offer any guarantees or warranties of any kind and that the extent of any Reboot Data Recovery liability to the client is strictly limited to the fees you pay Reboot Data Recovery for its data recovery service.
5.11. The client understands that any media collected from the client using Reboot Data Recovery free collection service is done so at the client’s risk. A free collection is made by one of Reboot Data Recovery preferred couriers and holds no responsibility for any items lost/damaged or delayed. The client understands that the collection is free only if they approve a fixed price data recovery quotation, in the event of the client declining the fixed price quotation a fixed fee of $25 AUD is payable by the client.
5.12 The client understands that Reboot Data Recovery Free Return Postage Policy is only applicable to hard drive’s which are declared unrecoverable at the first evaluation stage or are declared not recovered after a failed recovery attempt. The free return postage is not available when a client does not approve the fixed price quotation. A handling fee /postage and packaging charge of $25.00 AUD is payable if the client requires the media to be returned once they have declined Reboot Data Recovery fixed price quotation.
5.13 The client understands that all media which is requested for return by the client may take up to 21 working days for dispatch from the date of request. The client understands this time is required to locate, assemble, package and post the media.
6. Data Integrity
6.1. The client accepts that Reboot Data Recovery will not examine the contents of any files contained on the media supplied to them. Reboot Data Recovery further accepts no responsibility whatsoever for the contents, integrity, functionality, corruption or usefulness of any data recovered. Data checking of any files is available at extra cost at the discretion of Reboot Data Recovery.
7.1. The client agrees that all media and its content provided to Reboot Data Recovery 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 Australia.