Terms and Conditions
IMPORTANT - General Information
Data Recovery for diagnostics or data recovery
Your authorisation
Confidentiality
Disclaimer on Warranties, Representations and Guarantees
Unsuccessful or Partially Successful Recovery
Return of Data
Data Doctor Israel will attempt to exclusively use registered and signed for post services for return of Client data and media and will keep a copy of the proof of posting for a minimum of 6 months from sending date. We return drives using secure posting, courier or by hand, with all associated delivery documents. If you require the alternative return arrangements we can usually organise this at a small additional cost. Data Doctor Israel can take no responsibility for drives once they have been handed over to postal or courier services as agreed with by the Client and we would always recommend arranging collection in person from our premises when highly-sensitive data is involved.
Note: Drives and media sent to Data Doctor Israel for recovery or diagnostics may have invasive work carried out on them which may invalidate any warranty they may still have. External plastics of drives may be broken to gain access to the internal media for diagnostics purposes without prior permission.
Payment will always be taken in advance of any recovery attempt and will only be accepted by a valid credit or debit card. Data Doctor Israel reserves the right to pass on any processing charges that might be incurred as part of the transaction.
If the Client decides for any reason they do not require data recovery services after sending the damaged media to Data Doctor Israel but before recovery work has been stated they may request the media be returned to them at no cost except that of return costs.
Once data has been recovered from damaged media for the agreed price the job will be deemed complete and will be returned to the Client by the secure means agreed.
Original damaged media will be returned upon request with the recovered data.
External drives can be provided at an additional cost for transportation of the Clients recovered data but this in not compulsory and the Client will be entitled to provide their own return media if they so wish.
Data Doctor Israel can only recover data which is recoverable on the media and will be unaware of data that may have been stored on the media in the past.
Data Doctor Israel will classify a recovery job as “uncollected” if we receive no contact with the Client for no less than 6 months. Uncollected recovery jobs will be closed and Data Doctor Israel will attempt to recover any outstanding costs incurred by disposing of the Client drive and/or use it for parts in the future.
All refunds due to the Client must be claimed within 6 months of being due or will be assumed forfeited as a gesture of good will to allow for future accounting and planning of business cash flow.
Data Doctor Israel will, when possible, keep a copy of recovered data for 7 days after successful recovery except when requested not to by the Client.
Data Doctor Israel will not pass on Client details to any 3rd party.
Media can be dropped off and collected at our premises with prior agreement.
Should you have any questions regarding our terms and conditions, you may contact us using the information on our Contact page.
Legal Rights
By using and/or requesting our services you represent to Data Doctor Israel that you are the legal owner or the authorised representative of the legal owner of the storage device and data and are of the legal age of majority. You warrant that the data on your device is legal and that have the unrestricted legal right (a) to send us the device, media, and data; (b) to have the data recovered; (c) to receive the recovered data; and (d) to agree to these terms. You declare and understand that any breach of that obligation will be at your sole and entire responsibility and that Data Doctor Israel will not and cannot be held responsible for any and all damages, indirectly or directly related to such breach and you will hold Data Doctor Israel harmless of such. You will defend and indemnify Data Doctor Israel (including our directors, officers, employees, and contractors) from any and all claims or actions, damages, legal fees, relating, directly or indirectly to the services, device, media, or data, or your rights or lack of rights thereto.
Israeli laws and legal system will exclusively govern the provision of the data recovery services and any legal action shall be undertaken in the judicial courts of Israel, which shall have sole jurisdiction regarding any and all litigation, directly or indirectly related to such services.
Disclaimer of Warranties, Representations and Guarantees
Limitation of LiabilityLimitation of Liability
Data Doctor Israel will not be liable for any and all claims relating to the physical functioning of the storage media or to the condition or existence of data on the storage media supplied before, during or after the data recovery service. Without limiting the generality of the foregoing, we will not be liable for the condition, existence, or loss of the data you send us or the data we recover; any loss of revenue, loss of profits, or any direct, indirect, special, incidental, or consequential damages however caused. To the maximum extent permitted by applicable law, this disclaimer shall apply to any and all damages, regardless of Data Doctor Israel having advised of the possibility of damages or loss to persons or property.
Data Doctor Israel’s liability of any kind with respect to the data recovery service, including any negligence on its part, shall be limited to the total amount paid by the Customer for the data recovery services. Without prejudice to Data Doctor Israel, the purpose of this limitation is to limit our liability for performing the data recovery services and the allocation of risk is reflected in our prices. You acknowledge and agree that the price of our services would be much greater if we undertook more extensive liability. You acknowledge that you are aware of the inherent risks of injury and property damage involved with data recovery, including without limitation, risks due to the destruction or damage to the storage media and/or data and inability to recover data and that such risk will be at your sole and entire responsibility.
Terms of Payment
Severability
Assignment
Should you have any questions regarding our Terms and Conditions, you may contact us using the information on our Contact page.