The General Business Conditions of the company DATARECOVERY, Ltd. with its registered office at Petržílkova 1436/35, Prague 5, 158 00, ID 27174719, registered in the Commercial Register of the Municipal Court in Prague, Section C, Insert 101988 (hereinafter only "the Service") govern the mutual rights and obligations of the parties arising in connection with or under the contract for services (hereinafter only “the Order”) concluded between the Service and another natural or legal person (hereinafter only "the Customer").
The provisions of the General Business Conditions are an integral part of the Order. By placing the Order the Customer expresses his/her agreement with the General Business Conditions.
Unless stated otherwise, the Customer imparts the memory media to the Service as non-functional, and orders evaluation of data retrieval possibility for each individual piece. The Service will perform the evaluation free of charge. In case of a request for a realization of the Order outside working hours (even partially), the Customer will be charged a fee of 100 € without VAT (121 € including VAT); in case of a consequent execution of the data recovery in an express mode will be provided a discount of 100 € without VAT (121 € including VAT). Based on the results of the evaluation, the Service will decide if and under what conditions it is possible to perform the data recovery. The consequent order of the data recovery by the Customer shall be done in written form or via internet. In case of avoidance of the Contract, the Customer is obliged to pay any expenses arisen to the Service before the avoidance of the Contract. All the used means, including any partially used materials (such as replacement parts), remain even after the termination of the works in the ownership of the Service.
In respect of the nature of the services, the prices are contractual and individual. Unless agreed otherwise, the payments on behalf of the Service will be cash at the address of the Service, not later than in the moment of release of the recovered data and/or the memory media. Unless agreed otherwise, the transfer expenses are covered by the Customer. No more than one discount per Order can be applied. Unless stated otherwise, all the prices set and communicated by the Service are without VAT. Unless agreed otherwise, the contractual hourly rate in the standard mode is 100 € without VAT (121 € including VAT).
The Customer takes into account that the provided service is neither a repair nor an adjustment of the item. The Customer gives consent to any required disassembly (opening) of the memory media for the purpose of evaluation of the possibility of data retrieval, or for the data retrieval itself, and the Customer acknowledges that by such intervention a warranty provided by a third party to such memory media can be voided. The Customer also agrees that the Service will dispose of any defective parts, memory media and its accessories after the service. Shall the Customer insist on returning the memory media, he/she is obliged to apply for it in written form no later than on the ordering day. Shall the Customer insist on returning the memory media, he/she is obliged to pick them up no later than 14 days after conveying the results of the evaluation of data retrieval possibility or a notification of the Order completion by the Service. If the Customer fails to pick the Order up in the aforementioned period, the Service will provide the Customer with a legal deadline. If the Customer fails to pick the Order up in the given deadline, the Service can (if the data recovery was not successful) dispose of the media, or (if the data recovery was successful) the Service can charge the Customer a storage fee of 1 € without VAT (1.21 € including VAT) for each initiated day for each individual item stored starting on the 31st day after the first appeal to pick the Order up. Unless stated otherwise, it is understood that the memory media delivered by the Customer for the copy of the recovered data do not contain any data which shall be preserved and that the Service can change their content (overwrite, delete). If the subject data storage is a part of a device capable of an independent operation (e.g. stand-alone data storage units, devices with embedded memory or operating system), the Service can neither guarantee the preservation of nor avoid any changes to the data contained therein; it is strongly recommended that the Customer backs up all accessible data prior to submitting the device to the Service.
For the purpose of this contract, data recovery is defined as an endeavour of the Service to recover as much data as possible in respect to the type and extent of the damage and the agreed conditions. The Service is not liable for the overall operation of the device of which the memory medium is (was) part or for the operation of the operating system and/or software installed therein. The success rate of the data recovery is always measured as a ratio between the read sectors and their total number. Depending on the error distribution in the file system, the final ratio of the damaged files can be higher. Unless stated otherwise, the Service may, but is not obliged to, decrypt the data and/or change their format (file system, type). The data recovery is considered perfect if the success rate is at least 95%. If the parties agree on the processing method “data-mining” (“DM”), the Customer acknowledges that this is not a standard service and that in this way recovered data can be partially unreadable, not complete and/or may not contain the data required by the Customer.
The Customer is obliged to check the data integrity and faultlessness no later than the first working day following the receipt of the recovered data, to the extent respecting the nature of the defect, the results of the inspection and evaluation of the possibility to recover the data and the agreed conditions. If the Customer does not express any claim within this timeframe, it is understood that the Service can delete any working and back-up copies of the entrusted data. If the data were changed in any way after release from the Service, the Customer cannot claim the right of the liability for defect performance. In case of an unauthorized claim the Service can charge all expenses and time spent based on the contractual hourly rate.
The data recovery process is governed by enforceable laws of the Czech Republic, especially by the Law on personal data protection, and the Civil Code. Any and all possible disputes shall be resolved amicably or, failing that, by the court in the territorial jurisdiction of the supplier. After delivery to the Customer, all the entrusted data are deleted within 30 days without any copy or backup. All the information on the data recovery is part of the business secret and as such, the Service is not obliged to convey it. The Customer acknowledges that all communication (including the communication over a phone) can be recorded and archived by the Service. The Customer gives express consent to the Service for the sending of business announcements.
The goods will be returned by the Service only upon a relevant protocol on accepting goods for service or a valid ID.
