Data Recovery Terms
1.1 Easy Recovery agrees to provide the Services to the Customer in accordance with these Terms and Conditions and any special conditions agreed between the parties.
1.2 In carrying out the Services Easy Recovery undertakes to the Customer that it shall use its reasonable endeavours to undertake the Services in accordance with good technical practice and within the time period agreed between the parties although time is not of the essence and that at all times Easy Recovery will exercise reasonable skill and care.
1.3 All materials and items of equipment which are to be supplied by the Customer for the purpose of the Services shall be delivered, assembled, maintained, dismantled and collected at the Customer's cost and in accordance with the requirements of the Easy Recovery staff responsible for the Services. The Customer agrees that the Service may require that equipment is dismantled such that it cannot be re-assembled again and that all equipment and other accessories (except those owned and provided by the Customer) and all materials obtained by Easy Recovery and/or used for the purposes of the Services shall remain the property of Easy Recovery.
Easy Recovery agrees not to disclose any information or data files supplied with, stored on, or recovered from client equipment except to employees of Easy Recovery subject to confidentiality agreements or as required by law, without the consent of the client
3. Client Management
Each project will be assigned an overall Account Manager, who will be your main point of contact regarding the project and he/she will deal with all your day-to-day development queries.
Easy Recovery implements a project management system. At any stage, the client can request a status report.
4. Payment Terms
4.1 The price of the service shall be as quoted in the cost estimate attached hereto (the proposal). The client will need to add VAT at the current rate to any quotation given by Easy Recovery. If a business is located outside the UK and has a valid Vat number then we can complete the recovery vat free.
4.2 Any additional service fees that may fall due shall be agreed as the need arises.
4.3 Unless otherwise stated on the invoice, all invoices are due for payment within 7 working days of the completed work date. Any recovery jobs or disk return's not paid in full within 7 working days of the completed work date will result in Easy Recovery either disposing of the media or going through the small claim courts to recover any outstanding payments. All data and media at this point will become the property of Easy Recovery if there is a non payment by the client. No settlement discount is allowed.
4.4 Easy Recovery reserves the right to charge interest on any overdue and undisputed amounts at the rate of 5% per month above the base rate from of Bank of Engalnd from the due date until the date of payment, without further notice.
5.1 Easy Recovery agrees to return all recovered data on suitable media. Examples of this include but not limited to CD-ROM, DVD or a replacement hard drive. As part of its standard data recovery service, Easy Recovery currently returns a maximum of 3GB of data on CD-ROM and 30GB of data on DVD. Easy Recovery reserve the right to refuse 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 Easy Recovery.
5.2 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 Easy 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 Easy Recovery.
5.3 Easy Recovery will retain a copy of your recovered data for a period of five working days from the date of dispatch. During this period Easy Recovery will answer any queries concerning the recovered data and, if required, provide further copies at an additional charge of £10 per DVD. On occasions, with the client's consent Easy Recovery may retain a copy of your recovered data and/or digital image beyond this point. In circumstances such as these HDR reserves the right to charge a fee for duplicate copies of data, data storage, management and security.
5.4 Any property left with Easy Recovery unclaimed for 30 days, will be disposed or recycled. At which time, Easy Recovery shall have no liability to the client or any third party.
6.1 Successfull Recovery Job's - All data recovered by Easy Recovery is retuned to the client via a traceable service. Easy Recovery will pay for delivery of recovered data usually on a Next Day service in UK & Ireland. If outside UK & Ireland the client will have to pay the costs of delivery.
6.2 Unsuccessfull Recovery Job's - The client understands that all media returned as part of Easy Recovery free return service is provided via Royal Mail's standard postal service (1kg limit), unless otherwise agreed by a representative of Easy Recovery. As this service is non-traceable, Easy Recovery holds no responsibility for any media lost or damaged within the postal network. If you do not want your media returned via standard post or if your hard drive is over 1kg in weight, please contact us within 2 working days off sending in drive to arrange a paid for courier service.
6.3 Easy 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 Easy Recovery .
7. Force Majeure
Neither party shall be liable for any delay in performance caused by circumstances beyond its reasonable control and the party in delay shall be entitled to a reasonable extension of time for performance.
The Client agrees to indemnify and keep indemnified and hold Easy Recovery, its owners, managers and controlling persons and/or any of Easy Recovery's associated or affiliated companies harmless from and against any claim brought against the client by a third party resulting from the provision of services by Easy Recovery to the Client and/or any of the clients associated or affiliated companies, in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by the client and/or any of the clients associated or affiliated companies in consequence of Easy Recovery's breach or non-observance of these terms and conditions of business and/or of any warranties including, without limitation, the infringement of any third party intellectual property rights. Easy Recovery agrees to indemnify and keep indemnified and hold the client, its managers, and controlling persons and/or any of the Client's associated or affiliated companies harmless from and against any claim brought against Easy Recovery by a third party resulting from the provision of services by Easy Recovery to the client and/or any of the client's associated or affiliated companies, in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by Easy Recovery and/or any of the clients associated or affiliated companies in consequence of Easy Recovery's breach or non-observance of these terms and conditions of business and/or of any warranties including, without limitation, the infringement of any third party intellectual property rights.
Easy Recovery warrants that it has the necessary skills and expertise to enter into this agreement, and that it has the experience to perform its obligation with all due skill and care.
Easy Recovery warrants that the provision of the services and/or any products by it hereunder to the client shall not infringe any third party intellectual property rights and shall comply with all relevant laws, regulations, codes and guidelines.
10.1 The trade marks and logos (the Trademarks) used and displayed on this Site are registered and unregistered trademarks of Easy Recovery and others and may not be used in any advertising or other publicity materials in relation to the distribution of any information or materials obtained from this Site without the prior written consent of the Trademark owner.
11. Limited Liability
Easy Recovery 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 (Easy Recovery agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at Easy Recovery option, either
(a) Additional attempts by Easy Recovery to recover satisfactory data or
(b) A refund of the amount paid to the client.
Client is 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 Easy Recovery, and assumes any and all known risks of injury and property damage that may result.
The contract between the Easy Recovery and client shall be governed and constructed according to Northern Ireland law and both parties submit to the exclusive jurisdiction of the Northern Ireland Courts.
For further information on our Data Recovery Services or to confirm a Data Recovery Quote call us on 0800 075 0720. You can also email or fill out the online form to receive a quote. We are open Monday - Friday 9am - 6pm GMT.
For more information and quotes: firstname.lastname@example.org
For support updates: email@example.com