Customer agrees to the following terms and conditions by purchasing and/or using BitRecover Software services:
The following meanings will apply to these Terms:
An individual, single trader, partnership, limited company, or public entity that uses BitRecover services is referred to as a "customer." The term of the customer includes all BitRecover authorized channel partners.
"Confidential Information" refers to any confidential information (whether recorded or maintained) given by one party to the other in connection with the Services, including but not limited to any information that each party would consider confidential;
"Contract/Agreement" refers to a legally enforceable contract/agreement between Customer and BitRecover that is regulated by the Terms set forth below.
Data" refers to information created in electronic form of any description that is stored and transmitted in the form of electrical signals and recorded on magnetic, optical, flash, or mechanical recording media, but excludes installed operating system files, application/software program files, default download folder files, data files under bad sectors, download history, and internet surfing history.
"Data Recovery" refers to the full or partial data recovery/restoration of particular files and folders only as specified by the customer in the MAF as being totally or partly lost, damaged, or erased data from Media due to technological flaws, human mistake, or other reasons. If the customer does not specify particular files and folders in the MAF, the client must unconditionally accept the recovered data as provided by BitRecover and will be responsible for paying the whole recovery cost to BitRecover.
"Service Costs" refers to the charges for the Services that the Customer is responsible for, as detailed in the Inspection Report/Quotation for the Services.
The word "inspection" refers to a preliminary examination of the customer's storage media to assess the likelihood of data recovery.
"Inspection Charges" refers to the fees paid by the customer to BitRecover when the media is handed over to BitRecover for inspection.
"Inspection Report" refers to the official report or quote produced by BitRecover and submitted to the client, evaluating the likelihood of recovering specific data as described in the MAF, as well as the costs and time required, as well as the report's validity term. The final result may vary from what was predicted in the Inspection Report. The customer undertakes to hold BitRecover harmless in the event of any discrepancy between the final recovery result and the data recovery estimate provided in the Inspection Report.
"Media" refers to hard drives, USB flash drives, external hard drives, laptop hard drives, computer hard drives, server hard drives, storage box hard drives, solid-state drives, tape media, and other electrical, magnetic, or electromechanical storage devices on which data recovery must be conducted.
"Job ID" refers to the unique identification number given by BitRecover to the media received from the client, which is to be utilized and cited in all media-related correspondence.
The term "defects" refers to three different types of flaws, each of which may be categorized into one of three groups.
"Services" refers to data recovery, data erasure/data wiping services, degaussing services, data repair services, data migration services, and/or data restoration services, among other things.
"Website" refers to BitRecover 's website at https://www.bitrecover.com, as well as any other website BitRecover may use to do business from time to time.
Working and empty storage media of capacity equal to or larger than that supplied by the Customer to collect the recovered data from BitRecover are referred to as "Additional Storage Media."
“Spare Storage Media” refers to new/working storage media with the same/similar technical specifications/configuration as the customer's storage media, such as make, model, firmware, PCB number, and so on, that the customer provides to BitRecover to facilitate data recovery for their provided job from their storage media.
Any written or oral request by the Customer to BitRecover for Inspection, Data Recovery, or any other service, as the case may be, is referred to as an "Order." BitRecover will continue with the required service after receiving payment and relevant documentation following the conditions agreed upon in the Inspection Report/Quotation.
Following an initial telephone consultation, or submission of an online form/request for a callback via our Website, or Chat, or SMS, or e-mail, or any social media platform, Customer will personally hand over their Media to BitRecover for BitRecover In-lab inspection at BitRecover office, or else use the services of a 3rd party logistics provider to transport the media from the origin to BitRecover office at the Customer's risk and expense. The customer may alternatively request that BitRecover pick up their media from their location; in this instance, BitRecover will not be responsible for any transportation issues, loss, or damage to the client's media.
BitRecover will examine Customer's Media and provide the Customer with an inspection report as soon as reasonably feasible after receiving the non-refundable Inspection/Analysis costs and Order. If it is discovered that the actual condition of media received by BitRecover differs in any way from the information given by the client as mentioned above, BitRecover has the right to forfeit the inspection costs and, at its sole discretion, to reject the media.
BitRecover 's judgment in this matter will be final and binding on the Customer.
In certain instances, BitRecover may need authorization for media manipulation or particular inputs from the Customer, such as user identities, passwords, access codes, encryption credentials, and even specialized hardware, together with their configuration information, to conduct Inspection. If the Customer fails to give such authorization and/or input within 7 days of BitRecover 's request, or if the Customer provides incomplete or inaccurate input, BitRecover shall lose the inspection costs and will not be liable for delivering the Inspection Report late or not at all.
If the client returns the media without having BitRecover perform the required services as specified in the Inspection Report, the inspection report or quotation will be null and invalid. If the client returns at a later date, BitRecover will consider the case as a new one.
In the case of an onsite inspection at a customer's location, upon receipt of Inspection Charges, as well as charges for additional expenses such as travel and per diem expenses for on-site work, boarding and lodging, shipping, and insurance (both ways), and any other actual expenses incurred during transit and/or during operation, if any, for parts, storage media, and/or off-the-shelf software used to perform the inspection BitRecover will inspect Customer's Media/clone at Customer Site or BitRecover.
In-Lab as the case may be, and provide Customer with an inspection report setting out the scope of Services and applicable Service charges via e-mail or Statement of Work, which will typically include applicable Service Charges, estimated time required, and percentage of recoverable data from the customer specified required data as outlined in MAF. If the customer has not specified the exact data/files/folders to be recovered as listed in the MDF's important files and folders section, the customer will be responsible for making full payment of the requisite service charges as outlined in the Inspection Report/Quotation, as well as accepting BitRecover 's data recovery as final and binding.
Following receipt of our Inspection Report, the Customer may choose to:
Customer approval is outstanding. The order will be placed when BitRecover gives the Customer an email confirming their approval, which will happen when the payment conditions stated in the inspection report are met.
BitRecover shall offer the Services in line with these Terms and Conditions and with commercially reasonable care and skill in exchange for the payment of the Service Charges by the client. The inspection report's time and cost estimates are just estimates; they may change, and BitRecover will keep the client informed.
BitRecover may need specific information from Customers for particular Services, such as user names, passwords, and/or access codes. If the Customer fails to supply this information within a reasonable time after we request it, or if the Customer provides incomplete or inaccurate information, BitRecover has the right to charge an additional fee to cover any additional work that is needed as a consequence. If the Customer fails to provide BitRecover with the necessary information, BitRecover will not be liable for delivering the Services late or not delivering any portion of them.
If correct data, accurate information, and/or requirements necessary for the execution of the agreement are not provided by the customer within 7 days of request made by BitRecover and/or not provided following the agreement, or if the Customer fails to meet its obligations in any other way; then BitRecover has, in any case, the right to terminate or dissolve the agreement or to suspend execution of the agreement and BitRecover has the right to charge the costs incurred at its usual rates without any obligation to provide the data.
BitRecover retains the right to stop its Services to:
If the Customer does not pay, BitRecover may stop providing the Services.
Services for data recovery are listed in the section.
BitRecover will make commercially reasonable efforts in the following areas:
Data Degaussing and/or Erasure Services
Data Conversion and/or Migration Services
Data Reconstruction Services
Services for Data Encryption
Other/Additional Services: Perform any other relevant services that have been properly agreed upon in writing, subject to a fee.
BitRecover offers the aforementioned services on an onsite basis, i.e. Customer Site, and/or an offsite basis, i.e. Remote Online and BitRecover In-Lab, at its discretion, taking into consideration the feasibility. On-Site services, if any, will be subject to extra costs.
BitRecover shall securely delete the client data accessible with BitRecover after 7 days of receipt of payment for that specific task without informing the customer after performing any of the services listed above.
While BitRecover utilizes authorized original equipment manufacturer fixes, there is no assurance that the Services will be covered by the original equipment manufacturer's warranty. Under no circumstances should our execution of the Services be construed as a promise that the Services will be successful, that all or any of the customer Data will be recovered or usable, that the Media will be usable, or that BitRecover will accomplish any other specific outcome.
If Customer commits a significant breach of any provision of the Contract that is irremediable or (if such breach is remediable) fails to rectify such breach within 7 days after being informed in writing to do so, BitRecover may terminate the Contract with immediate effect by providing written notice. Failure to pay BitRecover 's Service charges will be considered a serious violation.
It is understood that if the Customer fails to pay any Service charges, BitRecover may stop the execution of the Services.
Customer will be liable for any amounts owed to BitRecover after termination, which will become due immediately.
Customer acknowledges and warrants to BitRecover the following:
Customers understand that no BitRecover employee is permitted to make any claim or guarantee on behalf of BitRecover that is not included in these terms.
Customer recognizes that he needs data service and is approaching / re-approaching on his initiative and free will, without being pressured or influenced.
The client is responsible for the Inspection and Service Charges, as applicable.
The price charged for the inspection is referred to as Inspection Charges, while the price payable for services is referred to as Service Charges, and both are detailed in the appropriate Quotation/Inspection Report.
Before BitRecover starting Services, the Inspection Charges, and Service Charges must be paid as stated in the inspection report/quotation.
If a Corporate Customer puts a work order/purchase order with BitRecover, BitRecover will charge the Corporate Customer for Inspection Charges and Service Charges, which must be paid within 15 calendar days of the invoice date. Once an order is made on BitRecover, it cannot be changed.
The customer must pay the full sum as stated in the Inspection Report/Quotation in the method, manner, and conditions described in the Inspection Report/Quotation.
Except for taxes based on BitRecover 's net income, Customer shall be liable for and indemnify BitRecover against any taxes and levies levied concerning these Terms and any Services supplied hereunder.
Any payment made with a credit or debit card is subject to the card issuer's approval. If BitRecover is denied this authorization, BitRecover will not be responsible for any delays or non-delivery of the Services, and the Order would be considered canceled.
If Customer fails to pay BitRecover any sum due under these Terms under their terms, BitRecover may keep the Equipment and Data until full payment is made. BitRecover shall inform the Customer that the Equipment and Data have been abandoned if full payment is not received within 90 (ninety) calendar days of the due date.
The services are supplied "as is," with no express or implied guarantees.
BitRecover makes no warranty that the services supplied will satisfy the Customer's needs or that the services will be error-free, secure, timely, or uninterrupted.
BitRecover explicitly disclaims all warranties, whether stated, implied, or statutory, including any guarantee of title, accuracy, merchantability, fitness for a specific purpose, or non-infringement.
BitRecover explicitly disclaims all warranties, express, implied, or otherwise, in connection with the future use of recovered data in any software or hardware.
BitRecover does not guarantee the authenticity, accuracy, or suitability for use of the data retrieved.
BitRecover does not guarantee that the estimates in the inspection report are accurate or that they will not alter before billing.
BitRecover disclaims all liability for data, media, or equipment loss, damage, destruction, or corruption, whether physical or otherwise.
BitRecover disclaims all liability for any loss or damage to customer media, data, or other equipment while in transit or before our receipt of such media, data, or other equipment; or during our providing the services where such damage, destruction, corruption, or invalidation is caused by our performing the services under these terms.
Subject to the provisions of this clause, BitRecover 's total liability to the Customer arising under or in connection with a contract, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, shall be limited to the value of the Service Charges paid by the Customer for the particular job or the cost of the media, whichever is less.
BitRecover shall not be liable to the customer for any indirect or consequential loss, pecuniary loss, loss of data, loss or damage during transit (including both inward and outward logistics from BitRecover to customer), business interruption, loss of profits, or loss of sales or business, arising under or in connection with these terms or any contract, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these terms or any contract.
Use of couriers. BitRecover outsources the collection of client equipment and/or media before the start of services, as well as the delivery of recovered data, media, and original equipment to courier firms. Customers accept that any loss or damage to media, equipment, or data will be subject to the terms and conditions are given by the relevant courier business, including restrictions of responsibility and reimbursement limits, by agreeing to continue utilizing them for the services.
Customer hereby waives all rights to sue BitRecover for any loss or damage to data, media, or equipment resulting from the courier company's negligence and/or violation of contract, above any compensation plan established by them. BitRecover is not responsible for media and/or data loss, damage, or theft while in transit, regardless of whether the customer used BitRecover 's free media/data pick up or drop service between BitRecover and the customer's location, or any movement of media/data between BitRecover 's designated data recovery facilities and BitRecover customer service location. This restriction applies regardless of whether BitRecover 's personnel or an outsourced agency handles the media, equipment, and/or data.
Customer agrees to fully indemnify and hold BitRecover, its employees, associates, channel partners, and consultants harmless from any claims, costs, damages, losses, liabilities, expenses (including without limitation legal expenses), demands, settlements, and judgments awarded against or incurred or paid by them (collectively "Losses") as a result of or in connection with all customer acts, inactions, and/or omissions related to the Services (collectively "Services").
All correspondence, including inspection reports/quotations, is confidential, and the customer may not share it on any platform, including but not limited to using it for legal purposes, and the customer shall indemnify BitRecover for any loss, damages, or costs incurred by BitRecover as a result of the customer's breach of the aforementioned.
Affirmative Action. Money damages are acknowledged to be insufficient compensation for any violation of this Agreement by the customer or its Representatives. As a result, BitRecover shall be entitled to seek specific performance, injunctive relief, or other forms of equitable relief as a remedy for any breach of this Agreement by the Customer or its Representatives; provided, however, that such remedy(ies) shall not be deemed to be the exclusive remedy(ies), but shall be in addition to all other remedies available at law or equity.
Customer certifies to BitRecover that it is the legal owner of, and/or has the right to have, the device, media, and/or data it is providing to BitRecover for data recovery, and that its collection, processing, and transfer of such device, media, and/or data complies with all applicable data protection laws.
The Customer is subject to this section, and the Customer will defend, indemnify, and hold BitRecover harmless against any damages and expenses that may arise, including attorney fees, as well as pay any costs, damages, and attorney fees declared against BitRecover as a result of the Customer's breach of this section.
BitRecover reserves the right to reveal Confidential Information, including customer data, as required by law or to comply with any law enforcement authorities, governmental agencies, or court orders seeking or ordering such disclosure.
BitRecover shall utilize any information included in the medium for the intended purpose exclusively, and will otherwise maintain the absolute confidentiality of any information provided by the Customer under this agreement. BitRecover shall take reasonable precautions to avoid unauthorized disclosure of Customer data to the same extent that it does to safeguard its private information.
BitRecover will not share this information with anyone other than the Customer's authorized representative/contact person or as required by law. As a worldwide company, the Customer consents to the transmission of information and/or media to BitRecover 's other locations only to complete the agreement.
Upon receipt of service payments from Customer, BitRecover shall delete customer data beyond recovery within 7 working days, releasing BitRecover from all customer obligations, including data confidentiality.
BitRecover is allowed to use Customer's or Customer's clients' names and logos on the BitRecover website and/or reference list if they have obtained Services from BitRecover.
The Customer and BitRecover are the parties to this contract. No one else has the authority to enforce any of its provisions. Each of these Terms' paragraphs works independently. The remaining paragraphs shall continue in full force and effect if any court or appropriate body determines that any of them are illegal and/or unenforceable.
BitRecover 's failure to take action against Customer for breaching this contract will not prohibit BitRecover from taking action against Customer at a later date.
BitRecover reserves the right to modify the Services to reflect changes in applicable laws and regulations, as well as to make minor technological modifications and enhancements, such as to address a security threat. BitRecover may also make other significant modifications to these Terms or the Services.
All disputes between the parties arising out of or about this agreement, or the rights or obligations of the parties hereto, shall be referred to a Sole Arbitrator duly appointed by BitRecover, whose decision shall be final and binding on both parties under the provisions of the Arbitration and Conciliation Act, 1996.
Any dispute between the parties arising out of this Agreement, subject to the Arbitration Clause, will be subject to the exclusive jurisdiction of competent courts in Delhi, India, and each party irrevocably submits to the jurisdiction of such courts for all purposes.
Except for the Customer's payment obligations, BitRecover 's performance will be excused to the extent that it is hampered, delayed, or rendered impracticable owing to circumstances beyond its reasonable control.
Unless the parties have previously written a master services agreement, in which case the master agreement/Compliance Agreement/ Non-Disclosure Agreement/ Confidentiality Agreement shall govern for any conflicting terms hereunder, these Terms, together with any exhibits or other attachments provided by BitRecover, constitute the entire agreement between the parties about this subject matter. The terms and conditions included in this Service Agreement are expressly excluded from and replaced by the terms and conditions contained in any Customer issued Purchase Order or terms published on the Website.
If these Terms are terminated for any reason, it will not affect: a) Customer's obligations to account for and pay to BitRecover any amounts due as a result of transactions or events that occurred before the effective date of termination; or b) any other obligation or liability that either party has to the other under these Terms and which, by its nature, would reasonably be expected to survive termination.
The customer relinquishes ownership of his or her material;
Abandoned Media: Following the customer's loss of ownership of the media, BitRecover will ensure data confidentiality for all media that have not been claimed by the customer, regardless of the recovery results. The media will be sent to our Central Depository for physical destruction of the platter, ensuring data confidentiality, and will then be sent to an E-waste zone regularly as part of our contribution to a safer and greener environment.
Customer certifies that he or she has read and understood the terms and conditions set out in this agreement with BitRecover and that he or she agrees to be bound by them.
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