The client (also referred to as you or yours) authorizes My Data Recovery Lab (also referred as we/us/ours), its employees, and agents, to conduct an evaluation of the media provided to us to determine the nature of the damage and provide an estimate of recovery cost and timing. The client also authorizes My Data Recovery Lab to take any and all reasonable effort and measures necessary to determine recoverability and to recover data from this media and or equipment.
The client is the legal owner, representative, or otherwise has a legitimate right to the property or act on the owner’s behalf and all data contained therein sent to My Data Recovery Lab. Any property left with My Data Recovery Lab and unclaimed for 30 days, will be disposed. At which time, My Data Recovery Lab shall have no liability to the client or any third party.
My Data Recovery Lab assumes no liability for any claims regarding the physical functioning of media and or equipment nor the condition or existence of data on storage media supplied before, during or after service. In no event will My Data Recovery Lab be liable for any loss of data or loss of revenue or profits or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if My Data Recovery Lab has been advised of the possibility of damages or loss to persons or property. Our liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services. Client and My Data Recovery Lab agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at our option, additional attempts by us to recover satisfactory data or refund of the amount paid by the client. Client is fully aware of the inherent risks of injury and property damage involved in data recovery, including without limitation, risks due to destruction or damage to the media or data and inability to recover data, or inaccurate or incomplete data recovery, including those that may result from the negligence of My Data Recovery Lab, and assumes any and all known risks of injury and property damage that may result. In addition, My Data Recovery Lab is not liable for possible damage to client media during transportation from or to our facilities.
We will protect the confidentiality of your data against unauthorized disclosure using the same degree of care used to protect our own confidential information. My Data Recovery Lab and its officers and employees agree not to disclose any data to any third party unless under final appeal and penalty of State, Federal or International Law. My Data Recovery Lab provides an absolute NON DISCLOSURE of any customer data.
Client agrees to pay in full upon completion of services rendered by My Data Recovery Lab. Payment is due in full upon completion of successful recovery, prior to release of data (whether shipped, picked up or downloaded). Other payment arrangements may be made prior to recovery. We accept Checks, P.O.s, VISA, MasterCard and PayPal. The client is responsible for all shipping charges regardless if the data is recovered or not. If the Client wishes to cease recovery at any point after a verbal or written agreement has been entered but before completion of services the Client will be charged up to 50% of the total recovery fee.
If at any point during the recovery process My Data Recovery Lab concludes that the data is encrypted, we will require that the client provide the necessary decryption information, regardless if the customer had prior knowledge of the decryption.
My Data Recovery Lab will provide at a reasonable cost to the Client an external drive for the recovered data. If the client chooses instead to provide a replacement drive for the recovered data, the drive must be new, with zero data already on the drive.
Authorization of Recovery:
By submitting your device and payment information, you agree to pay the fee quoted and authorize My Data Recovery Lab to charge your credit card for such amount if we are able to successfully recover the data as promised.
The client understands that any time frame given at the time of authorization of recovery is an estimate, and My Data Recovery Lab will use our best reasonable efforts to recover your data within the specified time frame. If due to circumstances outside of our control, My Data Recovery Lab cannot deliver within the estimated time frame, the client is still responsible for the recovery service fee noted at the time of authorization of recovery.
Unrecoverable / Unsuccessful Recovery:
If we are unable to recover any data, we will inform you accordingly and not charge you for our efforts. If, we are able to recover part but not all of your data, we will inform you accordingly and you may choose to receive the recovered data for the agreed fee.
If data is determined to be unrecoverable, or we cannot successfully salvage and recover your data, there is no charge to you as our ‘no-data no-charge’ policy applies and there will not be assessed processing fees, however by sending media to us, you agree to operate on good faith intentions of using our recovery services and resources for the purpose of having us recover data from such media.
Data Recovery Guarantee:
Your recovery comes with a 14 business day data guarantee. If your data is not returned as promised, we will do everything possible to rectify the recovery (including: reshipment at our cost of original drive for additional recovery attempts, etc.) or refund all or part of the recovery fees paid.
By agreeing to this service agreement you are stating that you understand that the media/data/equipment you are making available to My Data Recovery Lab is already damaged, that data recovery efforts can result in further damage and that we will not be held responsible for this or any other type of damage caused to this media.
If any provision of these terms and conditions is held invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions shall not be affected thereby.
Any modifications to this agreement must be requested in advance in writing, and must be approved by My Data Recovery Lab.