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Terms and conditions

Terms of service

The following terms and conditions (“Terms”) govern your ordering, purchase, or receipt of data recovery services (“Services”) provided by Graffs Data Recovery and its affiliated companies (“GDATAUK”). Graffs Data Recovery reserves the right to make changes to these Terms at any time.

Evaluation Fee and Effort: Free diagnosis is provided for all units. An evaluation fee may be applicable if order cancellation is initiated by the customer. You may submit your data storage device or media to us, and we will use reasonable efforts to determine whether any data on your data storage device or media is recoverable using our existing technology and processes (which has limitations – not all lost data can be recovered). > fee charges explained

Evaluation Report and Authorization of Recovery: We will inform you of our assessment by means of a comprehensive report and a no obligation cost estimate (fixed) for the actual recovery work. If you accept our quote and authorize us to perform the Services, we will apply our existing technology and standard processes and use reasonable efforts to recover your data. By submitting your device and written authorization, you agree to pay the fee quoted and authorize us to invoice you such amount. All quotes are valid for 7 days; and exclusive of VAT (20%). Most data recovery services are included in the quote > exceptions apply

Authorization: Copy and pasting disclaimer statement at the support ticket will be deemed as authorization to Graffs Data Recovery and its employees, agents, and delegates to conduct testing, evaluation, access, recovery attempts and processing of each data storage device or data storage media that you submit to us.

Terms of Payment. Customer agrees to pay Graffs data recovery services all sums authorized , which may typically include charges for data recovery services, repair services (parts and labour), reasonable travel and per diem expenses (on-site work), collection, diagnosis and delivery (only if order cancelled by customer), insurance, and actual expenses used in the Engagement. Unless otherwise agreed to in advance with Graffs data recovery, all such sums are due and payable in advance, by Bank Transfer (over £150) or credit/debit card (under £150) > payment

Arrears/Overdue Payment. It is CUSTOMER’s sole responsibility to make all payments due within specific time-frame. This is usually 7 working days from date of invoice unless specified. Overdue accounts (28 days from date of invoice) will incur a further administrative charge of £100. Failure to settle any due sums within 60 days from the date of invoice may result in client’s unit/s being discarded. Any data recovered from client’s unit may also be deleted without advance notice after 60 days from date of invoice. Graffs data recovery accepts no liability for deleted/destroyed data/equipment under such circumstances. If however, client wishes to settle existing debt amicably and obtain data, further charges for labour, imaging to back up unit will be applicable. In the absence of prior written agreement to the contrary, payment of our charges is required on receipt of invoice. Failure to make payment within 28 days of the stipulated invoice date may result in the matter being referred to P&J CDS (our debt collection agents) whose admin charges will be added to and are payable with the claimed debt. Court charges (fees and enforcement) may also be recovered from the client/company owing debt.

Payment Gateway. Customer acknowledges online payments of credit and debit cards are carried out by Merchant services/UK Bank and Building societies and deem Graffs data recovery deems itself free of any liability and discrepancies that may arise from use of such payment gateways. All inquiries regarding payments must be directed to payment card provider and merchant services such as Banks and PayPal. A card holder signature MUST also be provided on the order form only for PayPal/Credit/Debit card payments. > payment options

Return of Original Media: If you want your original data storage device returned via tracked delivery, you will be charged a reasonable fee for shipping and handling. You also will have the option for Graffs Data Recovery to dispose of your damaged storage device, or process disposal of your storage device using a secure destruction process.

Disposal of Abandoned Device, Media or Data after 90 Days: Any device, media, or data left with us without full payment after 90 days from the date of our receipt will be disposed of in our discretion; and you release Graffs Data Recovery from any obligation of confidentiality related to the device, media, and data.

No Recovery No Fee. The service applies to most orders, > exceptions apply

Collection and Delivery. Collection charges (if arranged by us) are payable and NOT included in the Quote and ‘NO RECOVERY NO FEE’ policy. FREE Next day delivery is included for all orders. Delivery charges maybe applicable for items considered bulky, heavy and valuables such as Desktops, Servers etc.  > collection and delivery

Cancellation and Returns.  Cancellation charge of £100 is only payable if order has been cancelled (by customer) after accepting our final quote verbally or in writing. Unit testing fee is also payable under the circumstance. No cancellations are accepted once recovery is completed on the unit.  > cancellation process explained

Insurance and Claims. Graffs data recovery acts only as an intermediary when offering to arrange collection and delivery services. In case of courier carriage (arranged by us) becomes lost in post, damaged or destroyed (beyond repair), amount that can be claimed is no more than insurance cover purchased via us. Customer bear all responsibility to ensure unit/s is protected by additional cover, which is available on request through order form or support ticket. All claims MUST be filed with Graffs data within 7 working days. Further proof of collection, damage, non-receipt, valuation of item (in form of commercial receipt/invoice) WILL be required to successfully obtain a claim. Amount of funds awarded for a claim, solely lies on carrier and Graffs data has no control or say whatsoever in the process. In the event, where customer has found to have falsified evidence to claim insurance, claim incident will be deemed as fraud and customer will forfeit his/her rights. Information then may be passed onto law enforcement and insurance agencies to allow prosecution. Graffs data will adhere to the Law and provide all available assistance to the case officers. > insurance and claims

Level of Service and Time Frame. CRC verification, file corruption repair service and a FREE back up unit is included in our Express and Enhanced service. Time frame is expedited to 2 days and 7 working days respectively. Standard service may take up to 21 working days.

Back up device.  A FREE back up device is included with our ‘Enhanced’ (up to 1 TB unit) and ‘Express’ (up to 4 TB unit) service. Under our ‘Standard’ service, data of up to 16 GB is provided. Graffs data may use other forms of back up units such as optical media to provide lower amount of data. Standard service customers are advised to supply a USB back up device of their own or one can be purchased from our store.

 Data Handling. User data is mined through electronic means, where our proprietary hardware/software searches for user data and create disk images on our servers. The data on our servers then goes through, if necessary, decryption process (HFS, NAS, RAID) and generates file lists of data which is forwarded to customers. Unless, specified by client to search for a particular file/folder, this process is free of human interference. Similar technique is used to copy data to backup device where file signature verification takes place before data is shipped to customer. Customer data is retained on our secure servers for up to 28 days to enable us to answer post recovery queries before being automatically and securely deleted. The data may be retained longer in case of non-payment and copies of which may be forwarded as proof of completion of work to legal/financial authorities in case of a dispute.

The Engagement. Customer engages Graffs data, Ltd. (“Graffs Data Recovery”) and/or its suppliers to: inspect, evaluate, and identify the problem (if not already identified); and/or retrieve, or minimize the damage to, the equipment/data/media; and/or provide other services as may be requested by Customer from time to time.

 Confidentiality. Graffs data recovery services will use any information contained in the data, media and/or equipment provided to Graffs data recovery services by Customer (“Customer Information”) only for the purpose of fulfilling the Engagement, and will otherwise hold such Customer Information in the strictest confidence. Any Confidential Information disclosed by Customer under this agreement will remain the owner’s sole property, and Graffs data recovery shall employ reasonable measures to prevent the unauthorized use of Customer Information, which measures shall not be less than those measures employed by Graffs data recovery in protecting its own confidential information. Graffs data recovery will not disclose Confidential Information except to employees or consultants reasonably requiring such information (and who have secrecy obligations to Graffs data recovery) and not to any other party except as required by law. Graffs data recovery services will employ appropriate technical and organizational measures to safeguard any Customer Information, including personal data, and will act only on the instruction of the Customer with respect to such information. Customer hereby agrees to the transfer of information to Graffs data recovery services affiliates and suppliers worldwide as needed for the sole purpose of performing the engagement.

Disclaimer of Warranties, Representations and Guarantees: NO WARRANTIES; DISCLAIMER OF ALL WARRANTIES. GRAFFS DATA RECOVERY, MAKES AND CUSTOMER RECEIVES NO WARRANTIES OR CONDITIONS FOR ANY GOOD OR SERVICE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH CUSTOMER, AND GRAFFS DATA RECOVERY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ARISING FROM USAGE OF TRADE OR COURSE OF DEALING OR PERFORMANCE. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action.

Limitation of Liability; Limitation of Damages. Graffs data recovery services will not be liable for any indirect/direct damages, unless proven we caused the damage intentionally. We will not be liable for the condition, existence or loss of data you send us or the data we recover, any loss of revenues or profits, incidental or consequential damage. Amount of our liability to Customer under this Agreement shall in no event exceed the total sums paid by Customer to Graffs data recovery.

Customer’s Representation and Indemnification. Customer warrants to Graffs data recovery that it is the owner of, and/or has the right to be in possession of, all equipment/data/media furnished to Graffs data recovery, and that its collection, possession, processing and transfer of such equipment/data/media is in compliance with data protection laws to which Customer is subject; and Customer will defend, at its expense, indemnify, and hold Graffs data recovery harmless against any damages or expenses that may occur (including reasonable legal fees), and pay any cost, damages, or legal fees awarded against Graffs data recovery resulting from Customer’s breach of this section.

Communications: All communications relating to your request, including cost estimates and invoices, will be available on our web site in your secure account and sent via e-mail to the address you provide to us unless you request, in writing, to receive such communications via regular mail.

Use of this Site and Your Account: By using this site, you are subject to and agree to be bound by the privacy policy and other terms and conditions of this site. Following your first submission, we will establish an account for you. You will be sent a tracking id for the support case. You agree that you will take reasonable precautions to protect your account against unauthorized use and that you will be fully responsible for any activity posted on your account, whether authorized or unauthorized. We may terminate or suspend your access to or use of our support site, without notice, for any conduct that we believe is disruptive, threatening or intimidating or in violation of any applicable law or our terms and conditions

Legal Rights: You represent to Graffs Data Recovery that you are of the legal age of majority in your state or country of residence. You warrant that you are the legal owner or the authorized representative of the legal owner of the device, media, and data. You warrant that that the data on your device is legal and that you have the unrestricted legal right (a) to send us the device, media, and data; (b) to have the data recovered using the Services; (c) to receive the recovered data; and (d) to agree to these Terms. You will defend and indemnify us (including our directors, officers, employees, and contractors) from any claims or actions relating to the device, media, or data, or your rights or lack of rights thereto.

Compliance with Laws. The parties agree that this Agreement shall be governed by English Law in every particular including formation and interpretation and shall be deemed to have been made in England. The parties agree that if any provision of this Agreement is held unenforceable, the validity of the remaining portions or provisions of the Agreement shall not be affected. Any revision or modification of this Agreement shall be effective only if it refers to this Agreement, is in writing, and is signed by an authorized representative of each party. Email/Text acknowledgement of this Agreement and any subsequent exhibits are effective to bind the signing party and admissible in any court and/or for any lawful purpose.

 

Last updated on: April 02, 2017