1. General Information
1. In these terms and conditions, the term “Client” or
“Customer” relates to any person, firm, company or any other party that sends media to Lsolutions Ltd for diagnostics or data recovery.
2. The word “Full” or phrase “Full Recovery”, when used in relation to the process of data recovery or the amount of data recovered relates solely to the amount of data that has been able to be recovered from the media and not to the amount of data originally contained on the media.
3. Lsolutions Ltd will use all reasonable efforts to achieve reasonable response times. However, unless otherwise agreed, failure to achieve any response times is not a contractual obligation.
2.Estimates, Quotations and Payments
1. All Fixed Price Quotations offered are valid for a period of 14 (fourteen) days. After this period the quotation may alter without notification. Acceptance of a quotation must be given in writing, in person, or electronic mail. Lsolutions Ltd reserves the right not to commence any recovery work until approval is given.
2. In the event that the client decides not to proceed with the recovery of data, after approval has been given, Lsolutions Ltd reserves the right to charge the client for any work and / or parts used to date. This charge is at the discretion of Lsolutions Ltd and may be equal to, but not exceed, the total approved amount for the recovery process.
3. The client understands that payment is due in full upon completion of the data recovery process and prior to the release of data and/or original media (whether shipped, picked up or downloaded), unless otherwise agreed. Payment can be made via Credit/Debit card, bank transfers or cash. On occasions Lsolutions Ltd may reserve the right to demand that any payment be cleared in full before the data is released to the client.
4. Lsolutions Ltd reserves the right to charge interest and/or administration fees for any payments outstanding after the specified due date. The current interest rate charged by Lsolutions Ltd is 1.5% for each month the payment is outstanding. The current rates charged for administration are as follows: late payment – £50 for each calendar month outstanding, £10 for each telephone communication regarding any outstanding balance, £25 for each letter issued regarding any outstanding balance and £10 for a copy of the original invoice. All amounts listed including VAT.
3. Confidentiality
1. As part of its confidentiality policy, Lsolutions Ltd agrees not to disclose any/all information or data files supplied with, stored on, or recovered from client equipment except to employees or agents of Lsolutions Ltd, subject to confidentiality agreements or as required by law, without the consent of the client.
2. Lsolutions Ltd agrees to only use authorised data recovery engineers, and that all media supplied to Lsolutions Ltd will be stored in a secure manner at one of its premises. The client understands that the location of storage may not be the same as the location to which the media was originally shipped.
3. All data recovered from a client’s media is stored in the strictest confidence and on secure severs in accordance with the Data Protection Act 1998.
4. Diagnostics and Recovery Processes
1. All diagnostic reports are provided to the client via electronic mail, unless otherwise agreed by a representative of Lsolutions Ltd.
2. Due to the nature of data recovery, our technicians may be required to carry out physical work on the media / data / equipment made available to Lsolutions Ltd.
Therefore, the client acknowledges that
a. the media/data/equipment is already damaged,
b. data recovery efforts may result in further damage to the media/data/equipment
c. the media/data/equipment warranties may become void, and
d. Lsolutions Ltd regrets that it will not assume responsibility for this or any other type of further damage.
3. The client is aware that on occasions, it may be required to use additional media to continue with the diagnostic phase and/or carry out its recovery efforts. Examples of this include, but are not limited to, spare parts for disk drives and specific adaptors or connectors. Lsolutions Ltd reserves the right to charge the client for such additional media at an agreed cost.
4. On rare occasions, Lsolutions Ltd may require the client to cover some of the cost of attempting the recovery. This request will only apply when the recovery is complex or when severe damage has occurred and only as a no-obligation, fixed price quotation, and is not offered as part of Lsolutions Ltd “no recovery, no fee” service. Please note that this charge as with all charges made by Lsolutions Ltd are not obligatory and the client may refuse this, and any other charge, and request the return of their media.
5. Lsolutions Ltd agrees that any payment for a recovery will only be processed in the event that data is successfully recovered from the client’s media. The client understands that due to the complex nature of data recovery, it is not always possible to recover all the information from the client’s media. Lsolutions Ltd makes no provisions for the completeness, relevance or importance of the data recovered for the client unless otherwise agreed in writing by Lsolutions Ltd and the client.
6. Lsolutions Ltd reserves the right to send or redirect any equipment or media received at any of our premises to the most suitable location for data recovery. This includes making use of affiliate or parent company laboratory facilities. In these instances Lsolutions Ltd will use a courier for the transport of the media or equipment. The client agrees that a) Lsolutions Ltd will assume the costs of this transportation and b) Lsolutions Ltd are not responsible for any damage or loss to any items transported as part of
the overall aim to recover the client’s lost data.
5.Performance, Delivery & Carriage
1. Lsolutions Ltd agrees to return all recovered data on suitable media. Examples of this include, but are not limited to, CD-ROM, DVD-r or a replacement hard drive. The client must pay an agreed amount for any replacement media and this amount is in addition to the costs agreed for the data recovery service unless otherwise agreed in writing by a representative of Lsolutions Ltd.
2. All data recovered is returned to the client via a traceable service. Lsolutions Ltd reserves the right to charge the client for the postal service provided and any associated administration fees. This charge is in addition to the charge agreed for the data recovery process.
3. Lsolutions Ltd holds no responsibility for delays caused as a result of the postal network. In these circumstances no compensation will be given for loss of profits, inconvenience etc., unless previously agreed by Lsolutions Ltd and
the client.
4. The client agrees to inspect or to procure to inspect the goods delivered at the earliest opportunity after delivery or attempted delivery and in any event within 5 (five) calendar days of delivery or attempted delivery. Any claims for shortfall in delivery of goods, or claims that the goods
do not comply with the order agreed with Lsolutions Ltd, must be notified in writing within seven calendar days of delivery. Claims made outside of this time period may only be resolved at the discretion of Lsolutions Ltd.
5. Lsolutions Ltd will retain a copy of your recovered data for a period of seven days from the date of dispatch. During this period Lsolutions Ltd will answer any queries concerning the recovered data. On occasions, with the client’s consent, Lsolutions Ltd may retain a copy of your recovered data and/or digital image beyond this point. In circumstances such as these, Lsolutions Ltd reserves the right to charge a fee for duplicate copies of data, data storage, management, security and additional postal charges.
6. All media sent to Lsolutions Ltd for data recovery may be retained within one of its offices for a period of up to fourteen days after completion of the data recovery service. You may request the return of your media within 28 days of us receiving your drive. The client understands that the delivery time frames provided are calculated from the date of recovery plus fourteen days.
7. Lsolutions Ltd holds no responsibility for any media lost or damaged wtihin the postal network.
8. The client understands that Lsolutions Ltd does not offer any guarantees or warranties of any kind and that the extent of any Lsolutions Ltd liability to the client is strictly limited to the fees you pay Lsolutions Ltd for its data recovery service.
6.Data Integrity
1. The client accepts that Lsolutions Ltd will not examine the contents of any file contained on the media supplied to them.
2. Lsolutions Ltd accepts no responsibility or liability whatsoever for the contents, integrity, functionality, corruption or usefulness of the data recovered.
3. Whilst every effort is made to recover as much data as possible from any media received and any specific files requested by the client the recovery process is such that it is not specific and the sale of data is generic and based purely on the amount of data recovered and the labour in recovering that data. Therefore, should the client wish to know what files have been recovered they should request a file list in writing or by email.
This is the client’s responsibility and a file list will not be provided unless requested from Lsolutions Ltd in writing or by email by the client. The file list shows the files recovered. Lsolutions Ltd gives no guarantee as to the integrity of the data shown on the file list or any other data recovered.
7.Legality
1. The client agrees that all media and its content provided to Lsolutions Ltd is legal and that the client has the right to be in the lawful possession and has the legal right to request Lsolutions Ltd, as described under the Laws of England and Wales.
We are working in partnership with http://www.computerrepairltd.co.uk.
