1.1. In these terms and conditions, references to “Kingdom Data Recovery” relates to Kingdom Data Recovery a trading title of Kestra Ltd. The term “Client” or “Customer” relates to any person, firm, company or any other party that sends media to Kingdom Data Recovery for diagnostics or data recovery.
1.2. As part of its diagnostic process, Kingdom Recovery agrees to use its best commercial knowledge and expertise to determine the probability of and, where possible, the volume of recoverable data from the client’s media.
1.3. As part of its recovery process, Kingdom Data Recovery will endeavour to retrieve or replicate the maximum amount of data from the client’s media.
1.4. Kingdom Data Recovery’s days of business are defined as Monday to Friday, excluding any public holiday. Business hours are defined as 9.00AM to 5.00PM. Data recovery services may be provided outside of these hours. Any diagnostic and/or recovery services provided outside of these hours shall be carried out at an agreed rate on a case-by-case basis.
1.5. Kingdom Data Recovery will use all reasonable endeavours to achieve reasonable response times. However, unless otherwise agreed, failure to achieve any response times is not a contractual obligation.
2.1. All Fixed Price Quotations offered by Kingdom Data Recovery are valid for a period of seven days, unless otherwise agreed. After this period the quotation may alter without notification.
2.2. Acceptance of a quotation may be given in writing, verbally in person or via telephone, facsimile or electronic mail. Kingdom Data Recovery reserves the right not to commence any recovery work until approval is given.
2.3. In the event that the client decides not to proceed with the recovery of data, after approval has been given, Kingdom Data Recovery reserves the right to charge the client for any work and / or parts used to date. This charge is at the discretion of Kingdom Data Recovery and may be equal to, but not exceed, the total approved amount for the recovery process.
2.4. 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, collected or downloaded), unless otherwise agreed. Payment can be made via company or personal cheque or bank transfers or cash. On occasions Kingdom Data Recovery may reserve the right to demand that any payment be cleared in full before the data is released to the client.
2.5. Kingdom Data Recovery 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 Kingdom Data Recovery is 1.5% for each month the payment is outstanding. The current rates charged for administration are as follows: late payment; £75 for each calendar month outstanding, £10 for each telephone communication regarding any outstanding balance, £30 for each letter issued regarding any outstanding balance, £15 for each email sent regarding any outstanding balance and £10 for a copy of the original invoice.
3.1. As part of its confidentiality policy, Kingdom Data Recovery 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 Kingdom Data Recovery subject to confidentiality agreements or as required by law, without the consent of the client.
3.2. Kingdom Data Recovery agrees to only use authorised data recovery engineers, and that all media supplied to Kingdom Data Recovery 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.
3.3. All data recovered from a client’s media is stored on secure servers in accordance with the Data Protection Act 1998.
4.1. All diagnostic reports are provided to the client via telephone or electronic mail, unless otherwise agreed by a representative of Kingdom Data Recovery.
4.2. 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 Kingdom Data Recovery. 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) Kingdom Data Recovery is not responsible for this or any other type of damage.
4.3. The client is aware that on occasions, Kingdom Data Recovery 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. Kingdom Data Recovery reserves the right to charge the client for such additional media at an agreed cost.
4.4. On rare occasions, Kingdom Data Recovery 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 Kingdom Data Recovery’s “no recovery, no fee” service. Please note that this charge as with all charges made by Kingdom Data Recovery are not obligatory and the client may refuse this, and any other charge, and request the return of their media.
4.5. Kingdom Data Recovery 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. Kingdom Data Recovery makes no provisions for the completeness, relevance or importance of the data recovered for the client unless otherwise agreed in writing by Kingdom Data Recovery and the client.
4.6. Kingdom Data Recovery 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 Kingdom Data Recovery will use a courier for the transport of the media or equipment. The client agrees that a) Kingdom Data Recovery will assume the costs of this transportation and b) Kingdom Data Recovery 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.
5.1. Kingdom Data Recovery 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. As part of its standard data recovery service Kingdom Data Recovery currently returns a maximum of 3GB of data on CD-ROM and 30GB of data on DVD-r. Kingdom Data Recovery reserves the right to refuse to return, or charge the client an agreed amount for returning, data on these forms of media when the recovered data exceeds these limits. 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 Kingdom Data Recovery.This excludes the client providing their own replacement media.
5.2. All data recovered by Kingdom Data Recovery is returned to the client via a next day traceable service. However, other arrangements for the return of client’s data may be arranged. On occasions Kingdom Data Recovery 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.
5.3. Kingdom Data Recovery 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 Kingdom Data Recovery.
5.4. 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 seven 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 Kingdom Data Recovery, 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 Kingdom Data Recovery.
5.5. Kingdom Data Recovery will retain a copy of the client’s recovered data for a period of seven days from the date of dispatch. During this period Kingdom Data Recovery will answer any queries concerning the recovered data and, if required, provide further copies. On occasions, with the client’s consent, Kingdom Data Recovery may retain a copy of your recovered data and/or digital image beyond this point. In circumstances such as these, Kingdom Data Recovery reserves the right to charge a fee for duplicate copies of data, data storage, management and security.
5.6. The client and Kingdom Data Recovery agree that the sole and exclusive remedy for any unsatisfactory work shall be at Kingdom Data Recovery’s discretion. Kingdom Data Recovery reserves the right to either (a) try additional attempts by Kingdom Data Recovery’s engineer to remedy any unsatisfactory work, or (b) to refund the amount paid by the client in full or part.
5.7. All media sent to Kingdom Data Recovery for data recovery may be retained within one of its international offices for a period of up to fourteen days after the completion of the data recovery service. During this time period, the client may request their media to be returned. Kingdom Data Recovery reserves the right to charge a fee to cover the cost of postage and/or packaging in these circumstances. Any media left with Kingdom Data Recovery after this time will be securely disposed of in an ecological manner, at which time Kingdom Data Recovery shall hold no liability to the client or any third party.
5.8. The client understands that all media returned as part of Kingdom Data Recovery’s free return service is provided via standard postal service, unless otherwise agreed by a representative of Kingdom Data Recovery. As this service is non-traceable, Kingdom Data Recovery holds no responsibility for any media lost or damaged within the postal network.
5.9. The client understands that Kingdom Data Recovery does not offer any guarantees or warranties of any kind and that the extent of any Kingdom Data Recovery’s liability to the client is strictly limited to the fees you pay Kingdom Data Recovery for its data recovery service.
6.1. The client accepts that Kingdom Data Recovery will not examine the contents of any files contained on the media supplied to them. Kingdom Data Recovery further accepts no responsibility whatsoever for the contents, integrity, functionality, corruption or usefulness of any data recovered.
7.1. The client agrees that all media and its content provided to Kingdom Data Recovery is legal and the lawful possession of the client and that the client has the legal right to request data recovery services, as described under the Laws of Scotland.
These Terms and Conditions were last modified on the 7th of May 2011
