1. General Information
1.1. In these terms and conditions, "Data Recovery Expert" refers to a subsidiary of Fields Data Recovery Pty Ltd whose registered address is 1 Denison Street, Sydney, NSW 2060. The term “Client” or “Customer” relates to any person, firm, company, or any other party that sends media to Data Recovery Expert for diagnostics or data recovery.
1.2. The word “Full” or phrase “Full Recovery”, when used in relation to the process of data recovery or the amount of data recovered, relates solely to the amount of data that has been able to be recovered from the media and not to the amount of data originally contained on the media.
1.3. As part of its diagnostic process, Data Recovery Expert agrees to use its best commercial knowledge and expertise to determine the probability of, and where possible, the volume of recoverable data from the client’s media.
1.4. As part of its recovery process, Data Recovery Expert will endeavour to retrieve or replicate the maximum amount of data from the client’s media.
1.5. Data Recovery Expert’s business days are Monday to Friday, excluding Australian public holidays. Business hours are 9.00am to 5.30pm. Data recovery services may be provided outside these hours. Any diagnostic and/or recovery services provided outside these hours shall be carried out at an agreed rate on a case-by-case basis.
1.6. Data Recovery Expert will use all reasonable endeavours to achieve reasonable response times. However, unless otherwise agreed, failure to achieve any response time is not a contractual obligation.
1.7 Media Dispatch and Collection Responsibility
Once the media has been dispatched to the designated postal address, it is the recipient’s responsibility to collect it from the post office or courier service. We will notify the recipient of the dispatch, but any delay or failure to collect the media within the specified period is beyond our control. If the package is held by customs, the recipient is responsible for completing any necessary procedures for its release. We are unable to intervene in customs-related delays or refusals.
1.8 Uncollected Media
If the media is not collected from the post office or courier and is subsequently returned to our laboratory, we reserve the right to dispose of it after a 7-day period without further notice. Disposal will involve destruction of the media. Once the media has been disposed of, it cannot be recovered under any circumstances. Requests for retrieval after disposal will not be accommodated.
1.9 No Liability for Uncollected or Disposed Media
We cannot be held responsible for any loss, damage, or inconvenience resulting from the failure to collect the media within the designated collection period. Once the media is returned to our laboratory and we have exercised our right to dispose of it, we are under no obligation to provide a replacement or refund. We will not be liable for any claims, disputes, or losses incurred due to the recipient’s failure to collect the media within the required timeframe.
1.10 Acknowledgement of Terms
By accepting the dispatch of the media, you agree to the above terms and acknowledge that you have read and understood our policy regarding uncollected media and its disposal. It is the recipient’s responsibility to ensure that the correct delivery details are provided at the time of return. We shall not be held liable for any issues arising from incorrect details.
2. Estimates, Quotations and Payments
2.1. All fixed-price quotations offered by Data Recovery Expert are valid for a period of seven days, unless otherwise agreed. After this period, the quotation may change without notice.
2.2. All prices quoted by representatives of Data Recovery Expert are exclusive of GST, unless otherwise stated.
2.3. Acceptance of a quotation may be given in writing, verbally in person, by telephone, or by email. Data Recovery Expert reserves the right not to commence any recovery work until approval is given.
2.4. If the client decides not to proceed with the recovery of data after approval has been given, Data Recovery Expert reserves the right to charge the client for any work completed and/or parts used to date. This charge is at the discretion of Data Recovery Expert 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, collected, or downloaded, unless otherwise agreed. Payment can be made by credit/debit card, bank transfer, company cheque, or personal cheque. Data Recovery Expert may reserve the right to require payment to be cleared in full before the data is released to the client.
2.6. Data Recovery Expert 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 Data Recovery Expert is 1.5% for each month the payment is outstanding. The current administration charges are as follows: late payment, $75 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.
3. Confidentiality
3.1. As part of its confidentiality policy, Data Recovery Expert agrees not to disclose any information or data files supplied with, stored on, or recovered from client equipment except to employees or agents of Data Recovery Expert who are subject to confidentiality obligations, or as required by law, without the consent of the client.
3.2. Data Recovery Expert agrees to use only authorised data recovery engineers, and all media supplied to Data Recovery Expert will be stored securely 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 offline storage devices in accordance with applicable Australian privacy laws.
4. Diagnostics and Recovery Processes
4.1. All diagnostic reports are provided to the client by telephone or email, unless otherwise agreed by a representative of Data Recovery Expert.
4.2. Due to the nature of data recovery, our technicians may be required to carry out physical work on the media, data, or equipment made available to Data Recovery Expert. Therefore, the client acknowledges that:
• 4.2.1. the media, data, or equipment is already damaged,
• 4.2.2. data recovery efforts may result in further damage to the media, data, or equipment,
• 4.2.3. warranties relating to the media, data, or equipment may become void, and
• 4.2.4. Data Recovery Expert is not responsible for this or any other type of damage.
4.3. The client is aware that, on occasion, Data Recovery Expert may be required to use additional media or parts to continue with the diagnostic phase and/or carry out its recovery efforts. Examples include, but are not limited to, spare parts for disk drives and specific adaptors or connectors. Data Recovery Expert reserves the right to charge the client for such additional items at an agreed cost.
4.4. On rare occasions, Data Recovery Expert may require the client to cover some of the cost of attempting the recovery. This request will only apply when the recovery is complex or when severe damage has occurred, and only as a no-obligation, fixed-price quotation. This is not offered as part of Data Recovery Expert’s “no recovery, no fee” service. Please note that this charge, as with all charges made by Data Recovery Expert, is not obligatory and the client may refuse this, and any other charge, and request the return of their media.
4.5. Data Recovery Expert 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 information from the client’s media. Data Recovery Expert makes no guarantee regarding the completeness, relevance, or importance of the data recovered for the client unless otherwise agreed in writing by Data Recovery Expert and the client.
4.6. Data Recovery Expert 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, Data Recovery Expert will use a courier for the transport of the media or equipment. The client agrees that:
• a) Data Recovery Expert will assume the costs of this transportation, and
• b) Data Recovery Expert is not responsible for any damage or loss to any items transported as part of the overall aim to recover the client’s lost data.
5. Performance, Delivery & Carriage
5.1. Data Recovery Expert will return all recovered data using suitable media or secure digital transfer. For recovered data under 500GB, Data Recovery Expert may deliver the data via secure download. No physical media will be provided for data under this limit unless otherwise agreed. For data exceeding 500GB, Data Recovery Expert reserves the right to charge the client an agreed amount for providing the data on replacement media, or to refuse to supply such media if no agreement is reached. Any charges for replacement media are in addition to the agreed data recovery service costs unless otherwise confirmed in writing by an authorised representative.
5.2. All data recovered by Data Recovery Expert is returned to the client via a suitable tracked courier or secure digital transfer. Examples of courier services may include, but are not limited to, Australia Post, StarTrack, DHL, UPS, or FedEx. Other arrangements for the return of client data may be made. On occasion, a postage, courier, or administration fee may be charged.
5.3. Data Recovery Expert holds no responsibility for delays caused by postal, courier, or freight networks. No compensation will be given for loss of profits, inconvenience, or other consequential loss, unless previously agreed in writing.
5.4. The client agrees to inspect the goods at the earliest opportunity after delivery or attempted delivery. Any claims must be notified in writing within seven days from the date of dispatch. Claims made outside this period may only be resolved at the discretion of Data Recovery Expert.
5.5. Data Recovery Expert will retain a copy of recovered data for a period of seven days from the date of dispatch. With the client’s consent, retention may be extended. Additional fees may apply for duplicate copies, data storage, or security.
5.6. The client agrees that the sole and exclusive remedy for any unsatisfactory work is, at the discretion of Data Recovery Expert, either further recovery attempts or a partial/full refund.
5.7. Media may be retained within local or international offices for up to fourteen days after recovery completion. Return requests must be made within 28 days of receipt. Delivery timeframes are calculated from the date of recovery plus 14 days.
5.8. Any free return service may be non-traceable unless otherwise stated. Data Recovery Expert is not liable for any loss or damage incurred via postal, courier, or freight networks where an untracked service has been selected or agreed.
5.9. No guarantees or warranties are offered by Data Recovery Expert. Liability is strictly limited to the fees paid for services rendered, except where liability cannot be excluded under Australian Consumer Law.
6. Data Integrity
6.1. The client accepts that Data Recovery Expert will not examine the contents of any file contained on the supplied media unless required for verification or otherwise agreed.
6.2. Any reported integrity percentage of recovered data is an estimate based on signature verification software. It does not guarantee full functionality or completeness.
6.3. Data Recovery Expert accepts no liability for the contents, functionality, or usefulness of recovered data.
6.4. Recovery is generic and not file-specific. Clients must request a file list in writing or by email to confirm recovered files. No integrity guarantee is given for any data shown on the list.
7. Legality
7.1. The client agrees that all provided media and its contents are legally possessed and that they have the legal right to request data recovery in accordance with applicable Australian laws.
These Terms and Conditions were last modified on 27 May 2022.