Terms and Conditions
Effective Date: 01/01/2024
These Terms and Conditions outline the rules and guidelines for services provided by Prime Data Recovery Services (referred to as “Prime,” “we,” “us,” or “our”). By submitting a device for data recovery services, you (the “Customer”) agree to these terms, which may be updated periodically. We encourage you to review these terms before submitting your device.
Service Evaluation Process
Upon receiving a device, Prime will conduct an initial evaluation to determine the potential for data recovery and estimate resource requirements, such as engineering hours and spare parts. Evaluation fees must be paid in advance, with any additional fees communicated prior to the evaluation. If a device is not shipped, evaluation fees are refundable upon request within three business days. Once the device arrives at our lab or if a Prime shipping label is used, the evaluation fee is non-refundable.
Service Quote and Recovery Authorization
Customers who accept our data recovery quote must sign the authorization form and submit payment information to authorize the recovery process. Estimated turnaround times are based on typical conditions but may be subject to delays due to unforeseen complications. Recovery costs do not include a new storage device for data return, which may be quoted separately. Recovered data is available via secure cloud storage or returned on a new external device for an additional fee.
Customer Responsibilities
Customers must ensure that the correct media is submitted. Prime is not liable for errors in submitted devices; if incorrect media is received and services are performed, customers will be charged. Specific terms for the recovery process are documented in a separate, signed agreement.
Completion of Data Recovery
If we successfully recover data, we will contact you to schedule a data verification session. Payment is required before releasing recovered data, which is available via secure cloud storage or on a new, encrypted external hard drive. Additional charges apply for the external drive. Specifics regarding data delivery are documented in a separate agreement.
Data Delivery Options
Prime offers two options for data retrieval:
- A temporary secure cloud storage link for data download.
- Delivery of recovered data on a new external hard drive with encryption for added security.
Return of Original Media
Customers can request the return of original devices, subject to shipping charges. Devices may sustain damage during evaluation or recovery; Prime is not responsible for such damage.
Unsuccessful Recovery Efforts
If data recovery is unsuccessful, we will inform you and waive recovery fees, except in cases requiring a non-refundable upfront fee. Customers cover return shipping and handling.
Abandoned Devices
Devices left at our facility without customer communication for 30 days may be disposed of, recycled, or reused. Customers may request a certificate of destruction, if desired.
Service Limitations
Data recovery is not guaranteed, and Prime assumes no liability for potential device failure or unrecoverable data. We are not responsible for any unintended data loss or device damage during the recovery process.
Payment Terms and Refund Policy
Customers must provide valid payment information for data recovery services, with no upfront fee required for most cases. Refunds on evaluation fees are possible if the device has not yet been received; once services commence, no refunds are provided. Additional details on payment are documented in a separate agreement.
Taxes
Customers are responsible for all applicable taxes, which Prime will collect where required by law.
Customer Authorization
By submitting a device, you authorize Prime, its staff, and contractors to transport, inspect, and attempt data recovery on your device.
Legal Rights
Customers submitting devices represent and warrant that they are the rightful owners or authorized representatives. They confirm that submitted data is legally held, and they have the legal authority to request recovery.
Confidentiality
Prime protects the confidentiality of customer data and will not disclose data unless required by law. All data is strictly used for recovery purposes.
Disclaimer and Liability Limitation
Prime provides data recovery services on an as-is basis without warranties. Our liability, if any, is limited to the total amount paid by the customer. Prime is not responsible for indirect, special, incidental, or consequential damages.
Device Transportation
Prime is not liable for transportation risks. Customers may arrange insurance through shipping couriers for additional protection. Prime will package devices securely for return.
Dispute Resolution
Disputes will be resolved via:
- Negotiation: Parties will attempt negotiation within 30 days.
- Mediation: If unresolved, mediation will be pursued with a mediator chosen by mutual agreement or appointed within 14 days if necessary.
- Arbitration: Any unresolved disputes will undergo binding arbitration in Ontario State.
Assignment
Customers may not transfer or assign these Terms without prior written consent from Prime. Prime reserves the right to assign or delegate responsibilities and will notify customers in writing if this occurs.
Contact Information
For questions about this Privacy Policy or to exercise your data rights, please contact:
Prime Data Recovery Services
Address: 855 Alness St Unit #20, North York, ON M3J 2X3
Email: [email protected]
Phone: 416 661-1112
Website: www.primedatarecovery.ca