Terms of Service & Service Policies

Agreement and Acceptance

1.1These Terms of Service and Service Policies (the "Terms") form a binding agreement between Data Recovery Group LLC ("DRG", "we", "us") and the person or entity submitting a Device for service (the "Client", "you").

1.2You accept these Terms by doing any of the following: (a) signing or electronically accepting a Work Order; (b) shipping or delivering a Device to DRG; (c) paying any fee; or (d) giving verbal or written authorization for DRG to perform services. If you do not accept these Terms, do not submit a Device or authorize any work.

1.3The version of these Terms published on DRG's website on the date the Work Order is accepted governs that case for its full duration. Later changes do not apply to a case already accepted unless you agree in writing.

1.4If you submit a Device on behalf of a business or other entity, you represent that you are authorized to bind that entity to these Terms.

1.5You must be at least 18 years of age and have the legal capacity to enter into a binding agreement.

Definitions

2.1In these Terms:

1. "Device" means each storage device submitted for service, including hard disk drives, solid-state drives, flash media, memory cards, mobile devices, and each member drive of a RAID, NAS or server array.
2. "Assessment" means DRG's examination of a Device to determine the cause of failure, the feasibility of recovery and the Recovery Fee.
3. "Assessment Fee" means the fee for Assessment stated in Section 4.
4. "Quotation" means DRG's written statement, issued after Assessment, of the Recovery Fee, the Case Classification and any case-specific conditions.
5. "Case Classification" means the designation of a case on the Quotation as either a "Guaranteed Case" or a "Non-Guaranteed Case" under Section 7.
6. "Work Order" means the case record, in paper or electronic form, that identifies the Client and Devices and records the Client's acceptance of these Terms and of any Quotation.
7. "Approval" means the Client's written or recorded verbal acceptance of a Quotation.
8. "Commencement" means DRG's receipt, after Approval, of the full Recovery Fee balance due under Section 6.3. Work on the case begins immediately on that receipt, including sourcing, ordering and paying for donor drives and replacement parts, preparing the Device and scheduling it for imaging, firmware work, component replacement or opening in the cleanroom, and cleanroom time, equipment, parts and engineering resources are committed to the case at that moment.
9. "Recovery Fee" means the fee for data recovery services stated on the Quotation.
10. "Emergency Service Fee" means the optional fee for Emergency Service under Section 6.7.
11. "Successful Recovery" has the meaning given in Section 7.3.
12. "Recovered Data" means the data DRG extracts from a Device and delivers to the Client.
13. "File Listing" means a list of the files and folders recovered from a Device, including an indication of any files read with errors.

Client Representations and Responsibilities

3.1You represent and warrant that (a) you are the lawful owner of each Device and its data, or are authorized in writing by the lawful owner to submit it; and (b) DRG's access to and recovery of the data does not violate any law, court order or third-party right.

3.2Before Assessment you must disclose, to the best of your knowledge, whether the Device (a) has been opened, repaired or subjected to a prior recovery attempt by anyone; (b) is encrypted; and (c) has been dropped or exposed to fire, water or other physical damage.

3.3A Case Classification made in reliance on inaccurate or incomplete disclosure may be revised by DRG on discovery of the undisclosed condition. DRG will notify you before any further work is performed and you may then decline the revised terms under Section 8.

3.4You are responsible for maintaining your own backups. DRG is not responsible for data that was lost before the Device was received.

3.5Unlawful content. If DRG becomes aware that a Device contains material that appears to be unlawful, including child sexual abuse material, DRG may immediately cease work, preserve the Device and data, and report the matter to law enforcement, and will cooperate with law enforcement as required by law. In that event the Device will not be returned to the Client except as directed by law enforcement, and no fees are refundable.

3.6Indemnity. You agree to indemnify and hold harmless DRG, its members, officers and employees from all claims, losses and expenses, including reasonable attorneys' fees, arising from (a) a breach of your representations in Section 3.1; or (b) any claim by a third party that you were not entitled to submit the Device or its data for service.

Assessment

4.1The Assessment Fee is US$450 per Device, payable before Assessment begins. The fee applies to every Device, including each member drive of a RAID, NAS or server array.

4.2The Assessment Fee is non-refundable once Assessment begins, whatever its outcome and whether or not you approve a Quotation.

4.3If you give Approval, the Assessment Fee is credited in full against the Recovery Fee for that Device.

4.4Assessment results are communicated by telephone and confirmed by a written Quotation. A written forensic or technical report is a separate service and must be requested before the Device is submitted.

4.5DRG may decline to assess or recover any Device at its discretion. If DRG declines before Assessment begins, the Assessment Fee is refunded in full.

4.6Shipping. You must package the Device in accordance with DRG's packing instructions. Risk of loss or damage in transit rests with the carrier. Where a shipping label is provided by DRG, DRG's liability for loss of or damage to a Device in transit is limited to the amount recoverable under the carrier's declared-value coverage for that shipment. DRG is not liable for data lost as a result of loss or damage in transit.

Quotation, Approval and Commencement

5.1Each Quotation states (a) the Recovery Fee; (b) the Case Classification; (c) the estimated turnaround; and (d) any case-specific conditions. A Quotation is valid for 14 days unless it states otherwise.

5.2No recovery work is performed without Approval. DRG will not charge any amount above the Quotation without your further Approval.

5.3You acknowledge that recovery procedures act on failing media and are irreversible, and that once Commencement occurs the procedures cannot be undone. Donor drives and parts are ordered and paid for, and cleanroom time, equipment and engineering resources are committed to your case, at Commencement.

5.4If you do not give Approval, the case is closed as a "Declined Case" and Section 11.3 applies to the return of your Device.

5.5Turnaround. Typical turnaround is approximately two (2) to three (3) weeks from Commencement. Turnaround times, including any estimate stated on a Quotation, are estimates only and are not guaranteed. Delay does not entitle the Client to a refund or to cancel after Commencement.

Fees and Payment

6.1All fees are quoted, invoiced and payable in United States dollars. Clients paying with a non-US card or account are responsible for any currency conversion or foreign transaction charges imposed by their bank or card issuer.

6.2Invoicing. Each fee is billed by invoice. DRG issues an invoice only after the Client has reviewed these Terms and signed the Work Order accepting them. Payment is made by card on the secure payment page linked from the invoice, by wire transfer or by ACH transfer, subject to Section 6.3.

6.3Payment methods and card limit. DRG accepts payment by credit or debit card up to a maximum of US$4,500 per transaction. The Assessment Fee is charged as one transaction. The Recovery Fee balance may be charged to a card up to US$4,500; any amount above US$4,500 must be paid by wire transfer or ACH transfer using the instructions on the invoice. For example, where the Recovery Fee balance due is US$6,500, US$4,500 may be paid by card and the remaining US$2,000 must be paid by wire transfer or ACH transfer. Bank and transfer fees charged by the Client's bank are the Client's responsibility, and a payment is complete only when DRG has received the full invoiced amount in cleared funds. Commencement does not occur until the full amount due has been received.

6.4The Assessment Fee is payable before Assessment begins. The Recovery Fee, less the credited Assessment Fee, is payable in full on Approval. Commencement occurs when that amount has been received in full, and from that moment the Recovery Fee is non-refundable except as stated in Sections 7 and 8. Optional services are charged as stated on the Quotation.

6.5Applicable sales and use taxes are added where required by law.

6.6If you believe a charge is incorrect, you agree to contact DRG first under Section 15.1 so that we have an opportunity to correct it.

6.7Emergency Service. At the Client's request, DRG may provide Emergency Service, under which the Client's Device is placed ahead of DRG's standard queue and worked on continuously, including nights and weekends. The Emergency Service Fee is US$500 per case, in addition to the Recovery Fee, and is never applied to the Assessment Fee. The Emergency Service Fee is charged for priority scheduling and not for any outcome. It is non-refundable in all circumstances, including where the Recovery Fee is refunded under the No Data, No Charge Guarantee, and Emergency Service does not guarantee any particular turnaround.

6.8Card data security. Where payment is made by card, card details are entered by the Client directly on the payment page and are handled by a PCI DSS-compliant payment processor. DRG does not receive or store full card numbers or security codes.

6.9Evidence of service. The Client agrees that the signed Work Order, the record of Approval, the File Listing and confirmation of delivery, collection or download constitute evidence that the services were authorized and performed, and DRG may provide them to the Client's card issuer in response to any payment dispute.

No Data, No Charge Guarantee

7.1Guarantee. For a Guaranteed Case, if DRG does not achieve a Successful Recovery, DRG will refund the Recovery Fee in full (excluding the Assessment Fee and any Emergency Service Fee) within 10 business days of notifying you of the outcome.

7.2Case Classification. Every case is classified on the Quotation before you pay. A case is a Non-Guaranteed Case if any of the following apply; otherwise it is a Guaranteed Case:

1. forensic examination or forensic recovery;
2. a Device or volume protected by hardware or software encryption;
3. custom XOR or controller-level programming;
4. fire damage;
5. a hard drive previously opened by any person other than DRG;
6. mobile phone and tablet repair or recovery;
7. end-of-life hard drive models for which donor components are not reliably available: all Maxtor models, the Quantum Fireball series, and HGST models HTS72323A7, HTS725050A7, HTS721010A9 and HTS727575A9.

7.3Successful Recovery. A Successful Recovery occurs when DRG recovers at least one (1) megabyte of the Client's user data from the Device in readable form, as shown on the File Listing. On a Successful Recovery the Recovery Fee is fully earned and is not refundable, whatever the quantity or type of data recovered.

7.4Partial recovery. A recovery of less than all of the data on a Device is a Successful Recovery if it meets the standard in Section 7.3. DRG will provide the File Listing on completion. The Client may not decline Recovered Data in order to obtain a refund.

7.5The guarantee does not apply where the Case Classification was based on inaccurate disclosure by the Client (Section 3.3), or where the Client asks DRG to stop work after Commencement.

Refund and Cancellation Policy

8.1The following table states every circumstance in which a refund is or is not given. It applies together with Section 7.

8.2Approved refunds are made to the original payment method within 10 business days. Delivery media (Section 10.1) and shipping already provided are not refundable.

8.3Except as stated in this Section and Section 7, all fees are non-refundable once Commencement has occurred, because they pay for labor, cleanroom time, equipment and media committed to your case, not solely for the result.

Special Case Terms

RAID, NAS and server systems

9.1Recovered Data from arrays is delivered as files on new media. DRG does not rebuild arrays, restore bootable systems, reinstall operating systems or provide IT configuration services. RAID 0 and other non-redundant configurations carry a higher risk of incomplete results because a defect on any member affects data across the array.

Encrypted devices

9.2DRG recovers encrypted data in its encrypted state and does not decrypt, bypass or circumvent encryption. Decryption using your own credentials or recovery keys is your responsibility. An encrypted case is complete on delivery of the encrypted data, whether or not you are able to decrypt it.

Fire-damaged devices

9.3Turnaround for fire-damaged devices is typically 14 to 30 business days and may be longer. No assurance is given as to the quantity of data recovered, and a partial recovery is a completed case.

Forensic services

9.4Chain-of-custody documentation, non-disclosure agreements and written reports must be arranged before the Device is submitted and are charged separately. Expert-witness testimony and legal advice are not included and may be engaged under a separate agreement.

Mobile devices and custom programming

9.5Turnaround for mobile devices and custom XOR or controller programming cannot be guaranteed and varies with the device.

Delivery and Deletion of Recovered Data

10.1Recovered Data is delivered by secure download link or on new external media supplied by DRG, as stated on the Quotation. New external media is not included in the Recovery Fee; where it is required, its cost is stated on the Quotation and charged in addition to the Recovery Fee. The donor drive or components used to perform the recovery are included in the Recovery Fee and are not delivery media.

10.2DRG permanently deletes its copy of the Recovered Data within 48 hours after (a) confirmed delivery of the Recovered Data to the Client by courier; (b) collection by the Client in person; or (c) issue of a download link, whichever applies.

10.3You are responsible for verifying the Recovered Data promptly on receipt. After DRG's copy has been deleted under Section 10.2, no replacement copy can be provided and DRG has no further obligation in respect of the Recovered Data.

Original Devices

11.1After a Successful Recovery. The original Device is not returned under any circumstances. It is securely destroyed by physical destruction of the storage media within 48 hours after confirmed delivery, collection or issue of a download link under Section 10.2, and cannot be recovered after destruction. By giving Approval, you consent to this destruction.

11.2Donor drives and components. Donor drives, heads, circuit boards and other components used in a recovery are not returned to the Client under any circumstances, whatever the outcome of the case and whether or not their cost is included in the Recovery Fee. They remain the property of DRG or are securely destroyed with the original Device.

11.3Declined Cases and cases without a Successful Recovery. You may (a) collect the Device from DRG at no charge; (b) arrange your own courier; or (c) have DRG return it by insured courier at the cost stated to you, payable before dispatch.

11.4A Device under Section 11.3 that is not collected, and for which no return has been arranged and paid, within 60 days after DRG's notice that it is ready is deemed abandoned and may be securely destroyed. DRG will attempt to contact you at the telephone number and email address on file at least 14 days before doing so.

Confidentiality and Privacy

12.1DRG treats all Devices, data and case information as confidential. DRG personnel access data only to the extent necessary to perform and verify the recovery.

12.2DRG may disclose data or case information only (a) with your consent; or (b) where required by law, subpoena or court order, in which case DRG will notify you where legally permitted.

12.3Personal information is handled under DRG's Privacy Policy. Data recovered within the United States is processed and stored in the United States.

Disclaimer of Warranties

13.1DRG will perform services with reasonable skill and care in accordance with industry practice. Because recovery outcomes depend on the condition of the media, EXCEPT AS EXPRESSLY STATED IN SECTION 7, DRG MAKES NO WARRANTY THAT ANY DATA WILL BE RECOVERED, OR AS TO THE COMPLETENESS OR INTEGRITY OF RECOVERED DATA, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT PERMITTED BY LAW.

13.2You acknowledge that servicing a Device may require opening it, which may void any manufacturer's warranty, and that failing media may deteriorate further during recovery through no fault of DRG.

Limitation of Liability

14.1TO THE FULLEST EXTENT PERMITTED BY LAW, DRG'S TOTAL LIABILITY ARISING FROM ANY CASE SHALL NOT EXCEED THE FEES PAID BY THE CLIENT FOR THAT CASE.

14.2DRG IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, BUSINESS OR GOODWILL, OR FOR DATA LOST BEFORE THE DEVICE WAS RECEIVED.

14.3Nothing in these Terms limits liability that cannot be limited under applicable law.

Dispute Resolution and Arbitration

15.1Informal resolution. Before starting any proceeding, you agree to contact DRG at 1-888-749-3786 or info@datarecoverygroupna.com and give DRG 30 days to resolve the matter.

15.2Arbitration. Any dispute not resolved under Section 15.1 shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (or, for business clients, its Commercial Arbitration Rules). The arbitration may be conducted by video conference or, if in person, in Sheridan County, Wyoming. For consumer clients, DRG will pay the AAA filing and arbitrator fees in excess of the consumer filing fee.

15.3Small claims. Either party may instead bring an individual claim in a small-claims court with jurisdiction.

15.4Class action waiver. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.

15.5Opt-out. You may opt out of this Section 15.2 by emailing info@datarecoverygroupna.com within 30 days of accepting these Terms, stating your name and case number.

15.6BY ACCEPTING THESE TERMS, YOU AND DRG EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, EXCEPT AS PROVIDED IN THIS SECTION 15.

Governing Law and Venue

16.1These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-laws principles, and by the Federal Arbitration Act as to Section 15.

16.2Subject to Section 15, the state and federal courts located in Sheridan County, Wyoming have exclusive jurisdiction, and the parties consent to that jurisdiction.

General Provisions

17.1Order of precedence. In case of conflict: (a) a signed Quotation governs the Recovery Fee, Case Classification and case-specific conditions; and (b) these Terms govern all other matters. Marketing materials and general website content do not form part of the agreement.

17.2Entire agreement. These Terms, the Work Order and any Quotation are the entire agreement between the parties for each case and supersede prior discussions.

17.3Severability. If any provision is held invalid or unenforceable, it shall be enforced to the maximum extent permitted and the remaining provisions remain in full force.

17.4No waiver. A failure or delay in enforcing any provision is not a waiver of it.

17.5Amendments. DRG may update these Terms by publishing a new version on its website. Updates apply only to cases accepted after publication (Section 1.3).

17.6Force majeure. DRG is not liable for delay caused by events beyond its reasonable control, including carrier delays, utility failure, natural disaster or supplier unavailability of donor components.

17.7Notices. Notices to DRG must be sent to info@datarecoverygroupna.com or to the address above. Notices to you are sent to the contact details on the Work Order.

17.8Electronic acceptance. Electronic signatures, click acceptance and recorded verbal Approval are binding to the same extent as a handwritten signature.

17.9Call recording. Telephone calls with DRG may be recorded for quality, training and record-keeping purposes, including to record Approval. By continuing a call after being so informed, you consent to the recording.

17.10Time limit for claims. To the extent permitted by law, any claim arising from a case must be brought within one (1) year after the case is closed, or it is permanently barred.

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