Terms And Conditions

Terms and Conditions

IMPORTANT - General Information

In these terms and conditions, references to “DDI” relates to Data Doctor Israel. The term “Client” or “Customer” relates to any person, firm, company or any other party that sends media to Data Doctor Israel. Upon ordering, receiving or using Data Doctor Israel’s services, you agree to the following terms and conditions, which shall govern all services provided by Data Doctor Israel. We strongly encourage you to read these Terms and Conditions before using our services.

Data Recovery for diagnostics or data recovery

The words “Recovery” or “Data Recovery”, when used in relation to the process of data recovery or the amount of data recovered, pertains just to the amount of data that has been able to be recovered from the media – not necessarily to the amount of data originally contained on the media. During the diagnostic process, Data Doctor Israel agrees to use the latest state-of-the-art recovery equipment, software and expertise to determine the probability of recovery from the damaged media. Our Clean Room diagnostics are charged at a single fixed fee (pre agreed) in advance only when a drive or media is physically damaged and cannot be recovered without this process. Data Doctor Israel’s days of business are usually Sunday to Friday: 9:00 – 18:00, closed on Saturdays, excluding public holidays. Data Doctor Israel will do everything possible to contact the Customer when the initial diagnostics of the drive have been carried out to inform them of any findings. Usually the same day we receive the drive.

Your authorisation

By requesting our services, you authorise Data Doctor Israel and its employees, agents, and delegates to conduct testing, evaluation, access, recovery attempts and processing of each data storage device or data storage media that you submit to us. Data Doctor Israel will perform an evaluation of the data storage device to determine the nature of the damage and to provide an estimate of the cost of recovery and estimated time of completion. If you agree to the data recovery, we will use reasonable efforts and apply our expertise to recover your data, but we cannot guarantee that any data will be recovered.
By using our services, you agree and covenant that our attempt to recover the data may result in damage to the device, media, or data, and may render all or part of your data unrecoverable, and you agree to hold Data Doctor Israel harmless of any and all damages to that effect. To the extent possible, you should attempt to back up any available data before submitting it to us, and Data Doctor Israel will assume no liability if you did not proceed with such back up prior to the data recovery. By agreeing to have the data recovery performed, you agree to pay our fee if we are able to successfully recover the data as promised.
The term “No Data, No Fee” relates to situations when less than 85% of a drive can be imaged and data recovered from except in cases where both DDI and the Client have a prior agreement in place. Written quotes are not subject to change after they are agreed by both parties and may contain partial or full refund agreements in the event of a failed recovery. The term “No Data, No Fee” relates to our in-house fixed fee recovery cost and will always be 100% no data, no fee except when agreed in writing otherwise in rare cases.

Confidentiality

Protecting the confidentiality of your data is paramount. Data Doctor Israel will not disclose your Confidential Information to any third party, except as required by law and will use the Confidential Information for no purpose other than data recovery. Data Doctor Israel shall only permit access to your Confidential Information to those of its employees or authorised representatives having a need to know and who have signed confidentiality agreements or are otherwise bound by confidentiality obligations.

Disclaimer on Warranties, Representations and Guarantees

Data Doctor Israel makes no express warranties, representations, or guarantees regarding our data recovery services or their results, and we expressly disclaim all implied warranties, including any implied warranty or condition of merchantability, warranty of fitness for a particular purpose, or warranty of accuracy or completeness. We perform this service as is, with all faults, at your sole risk. As the Customer has advised Data Doctor Israel it has been unable to access, view and /or recover certain data, which the Customer represents to be it property, and engages Data Doctor Israel to use its best efforts to identify said problem (if not already identified) and use it’s best efforts to retrieve said data or portion thereof and to provide such other services as may be agreed to between the Customer and Data Doctor Israel in writing from time to time. If the person that requested our services did not have proper authorisation to engage our services or gave order for the invoice to be given to another person or entity and that such person or entity refuses to pay Data Doctor Israel’s fees, the person that requested our services will be personally held responsible for such fees.

Unsuccessful or Partially Successful Recovery

If Data Doctor Israel is unable to recover any data, we will inform you accordingly and charge you for our efforts according to the service level chosen when submitting the project. If, we are able to recover part but not all of your data, we will inform you accordingly and you may choose to receive the recovered data for an agreed fee.

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

Data Doctor Israel makes no express warranties, representations, or guarantees regarding our data recovery services or their results, and we expressly disclaim all implied warranties, including any implied warranty or condition of merchantability, warranty of fitness for a particular purpose, or warranty of accuracy or completeness. We perform this service as is, with all faults, at your sole risk. As the Customer has advised Data Doctor Israel it has been unable to access, view and /or recover certain data, which the Customer represents to be it property, and engages Data Doctor Israel to use its best efforts to identify said problem (if not already identified) and use it’s best efforts to retrieve said data or portion thereof and to provide such other services as may be agreed to between the Customer and Data Doctor Israel in writing from time to time. If the person that requested our services did not have proper authorization to engage our services or gave order for the invoice to be given to another person or entity and that such person or entity refuses to pay Data Doctor Israel’s fees, the person that requested our services will be personally held responsible for such fees.

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

Full payment is due in full upon completion of a successful recovery before data will be released unless different arrangements have been made in advance, in a written agreement.

Severability

If any provision of these terms and conditions is held invalid, illegal or unenforceable, in part or in whole, such provision, or such part of provision, shall be enforced to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions and agreement shall not be affected thereby.

Assignment

The Customer agrees that the present Terms cannot be assigned or transferred unless Data Doctor Israel gives its prior written consent. Data Doctor Israel has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent but will provide Customer with a notice (written or email) if that event occurs.

Should you have any questions regarding our Terms and Conditions, you may contact us using the information on our Contact page.