Last updated: 08/18/2016
Terms & Conditions for Data Recovery and Repair Services
Data Recovery Basic Terms
Due to the large number of variables involved in data recovery, Outsource Data Recovery and its authorized agents (“us”, “we”, or “Outsource”) cannot make any advance guarantees about what files will be able to be recovered from a device, if anything. A list of recoverable files to be expected (“file list”) will be provided to the person or agent responsible for the project (“you”, “customer”, or “client”) before the project is completed and will be approved by said client. (See File Approval and Retrieval.) Unrecoverable devices will be returned. (See Project Return Shipping.)
The client is the legal owner or representative or otherwise has a legitimate right to the property and all data contained therein sent to Outsource.
After completion of data recovery, if the customer does not review the file list and approve or decline the continuation of the case within thirty (30) days of the file list becoming available, Outsource will charge the default credit card on file for said case in the full amount quoted plus any applicable shipping fees, and all media will be shipped out to the shipping address on file at that time.
Any property left with Outsource and unclaimed for 30 calendar days, will be securely disposed of. At which time, Outsource shall have no liability to the client or any third party. Outsource will make reasonable attempts to contact the client via phone and e-mail on file, prior to the destruction of the media.
In the case that a customer’s credit card declines a charge for Outsource’s services, Outsource reserves the right to engage a third-party collections agency to collect the balance if the amount due is not settled within sixty (60) days of the initial declined charge. Once a collections agency is engaged, the minimum due for the return of the original media, not including recovered or extracted data, will be the greater of either a) 30% of the quoted service fee, or b) $200.00.
Outsource assumes no liability for any claims regarding the physical functioning of media and or equipment nor the condition or existence of data on storage media supplied before, during or after service. In no event will Outsource be liable for any loss of data or loss of revenue or profits or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if Outsource has been advised of the possibility of damages or loss to persons or property. Our liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services. Client and Outsource agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at our option, additional attempts by us to recover satisfactory data. Client is fully aware of the inherent risks of injury and property damage involved in data recovery, including without limitation, risks due to destruction or damage to the media or data and inability to recover data, or inaccurate or incomplete data recovery, including those that may result from the negligence of Outsource, and assumes any and all known risks of injury and property damage that may result.
N NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS, LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM EITHER PARTY’S ACCESS TO, OR USE OF, THE SITE, ANY CONTENT, OR ANY THIRD PARTY SITES AND CONTENT. IN THE EVENT OF AN UNAUTHORIZED TRANSACTION BY A SHIPWIRE EMPLOYEE OR AGENT, SHIPWIRE IS ONLY LIABLE FOR THE DAMAGES CAP. SHIPWIRE MUST BE NOTIFIED WITHIN FIVE (5) DAYS AFTER ANY UNAUTHORIZED TRANSACTION OR YOU WAIVE ALL DAMAGES FROM SHIPWIRE.
Although best efforts are made, customer will not hold Outsource responsible for damage in transit, either to or from our facility.
Disclaimer of Consequential Damages and Damages Cap
Except for a breach of confidentiality, in no event will either Party be liable to the other Party for any special, consequential, incidental or like damages, however caused and on any theory of liability, and whether or not such Party knew or should have known of the possibility of such damage.
Other than as set forth below, in no event shall Outsource’s liability exceed the monies paid by the client to Outsource for the applicable services, excluding shipping charges or other third-party fees (“damages cap”). In the event of an unauthorized transaction by an Outsource employee or agent, Outsource is liable for no amount exceeding the damages cap. Outsource must be notified within five (5) days of an unauthorized transaction or the client waves all rights to damages.
Disclaimer of Implied Warranties
All implied warranties and similar obligations are disclaimed, including but not limited to those of fitness for a particular purpose, and merchantability, whether otherwise arising by custom, usage, law, or trade practive. There are no warranties which extend beyond those expressly contained in the service agreement. Outsource does not warrant that returned media, serviced or not serviced, will comply with the requirements of any safety or environmental code or regulation of any federal, state, municipality or other jurisdiction.
Not all devices will qualify for our flat-rate repair services. Outsource’s engineers will make the determination as to which cases fall within the defined scope of these services. Devices sent to our German laboratory will not qualify for Repair Service; only our U.S. laboratory performs Repair Services in addition to Data Recovery services (performed at both locations).
A client may request to cancel the service project at any point. If the customer has already approved service based on the quote provided by Outsource, a cancellation fee of the greater of either $200 or 20% of the quoted service fee will apply.
Encryption and Media Accessories
Media Enclosures and Accessories
If you provide Outsource with your drive in a server, laptop, or other enclosure, the drive in question will be removed in order to service it. Outsource will not reassemble a RAID array or server or reinsert the drive in a laptop or other enclosure.
If any cables, cords, or other accessories are sent along with the storage media, Outsource is not responsible for these accessories unless directly requested from the customer. Outsource will not be held liable for lost or missing cables or other accessories. Furthermore, customers should not presume that storage media will be returned to them in the same packaging as they used to send it to Outsource.
Encryption and Clones
If during the course of data recovery services, Outsource encounters full disk or partial folder encryption, this will require additional work in order to recover the data, and there will be a US$200 surcharge on successful data recoveries, excluding cases of hardware encryption by the manufacturer. If your recovery is not successful due to encryption, a service fee equaling 20% of the data recovery cost will be due. (See True No Data, No Charge Guarantee for more details.)
If the client requests a clone of the failed media rather than opting for data recovery, the cost will be $100 greater than the data recovery quote for that media. If the client requests both data recovery and a clone, the cost will be the total of the data recovery service fee plus $100 plus the cost of an identically-sized drive (unless this drive is also provided by the client).
File List Approval and Data Retrieval
The client must review the file list within five (5) days of the project being completed. The file list includes the entirety of the data that will be provided to the client upon approval. If the client does not decline the file list within that five-day period (according to the specifications under “Declining the File List” below), Outsource will consider the file list as approved and charge the default credit card on file in the full amount quoted plus any applicable shipping fees, and all media will be returned out to the customer’s shipping address on file at that time. If we are unable to process a payment, we will add a storage fee of $3.00 per day after the declined payment until the customer makes alternate payment arrangements. The balance may be sent to a third-party collections agency if not rectified within 90 days (see “Late or Declined Payments” below); in that case, these storage fees will also be included.
Approving the File List
The client must approve the file list before receiving the recovered data or any portion of it, even for expedited and emergency services. This indicates that the customer understands that the file list is the entirety of data that will be provided to them. Data within the !Problem folder (if any) of the file list, is not guaranteed to be intact or functional. No files will be supplied to the client—including “sample files”—on any case prior to the approval of the file list. Nor will Outsource provide screenshots of folder structures or files (except in the case of RAW recoveries), and approvals must be made based on the supplied file list.
Declining the File List
If the customer wishes to decline service based on the file list, the customer must provide Outsource with a detailed written account of the reason for decline, including any files he or she sought that were not on the file list and the possible location of these files. If this information is provided, Outsource will make every possible effort to locate these files and update the file list accordingly. If this information is not provided, Outsource will attempt to contact the customer, and, if no response is received within 30 days, the full quoted amount will be charged to the card on file and the recovered media will be returned.
Once the file list is updated with the requested files that have been located, the customer is again responsible to review and approve or decline this list. If there is no response within five (5) days, Outsource will consider the revised list approved and charge the full amount due.
If this data exists, but is not recoverable, the customer will not be charged for the service and will be offered the option to either have the storage media disposed of or to have it shipped back to him or her. (The customer will be due for the amount of return shipping.)
If this requested data does not exist, the customer will have the option to cancel the data recovery service and will be due for a cancellation fee equal to the greater of either a) US$200.00 or b) 20% of the data recovery service fee.
Once the file list is approved and the payment is finalized, the files will be supplied to the client either on a another storage device (either provided by the customer or purchased from Outsource) or via FTP. FTP uploads will be limited to 50GB for Economy Recovery customers, 100GB for Expedited Recovery customers, or 500GB for Emergency Recovery customers. Data amounting to less than 50GB will automatically be given a download.
If the client’s recovered data exceeds the limits in the previous paragraph, the data will be placed on a transfer drive. The customer may provide this device of sufficient capacity to store the recovered data; otherwise a device will be provided by Outsource, and the cost will be added to the total due. Devices provided by Outsource will be of sufficient capacity to store all the recovered data, but we do not guarantee any particular brand, model, or part number.
Authorization of Recovery
If you accept the cost estimate provided by your account representative upon completion of the initial evaluation of your data storage device or media we will apply our existing technology and standard processes and use our best reasonable efforts to recover your data. By submitting your device and payment information, you agree to pay the fee quoted and authorize Outsource to charge your credit card for such amount if we are able to successfully recover the data.
Outsource does not take responsibility for client error. If the client has sent an incorrect media to Outsource and authorized recovery services, and Outsource has completed a full recovery, the client will be responsible for the cost of the authorized services.
The client understands that any time frame given at the time of authorization of recovery is an estimate, and Outsource will use our best reasonable efforts to recover your data within the specified time frame. If due to circumstances outside of our control, Outsource cannot deliver the service within the estimated time frame, once complete, the client is still responsible for the recovery service fee noted at the time of authorization of recovery devoid of any expedited fees.
Unrecoverable / Unsuccessful Recovery
If we are unable to recover any data, we will inform you accordingly and not charge you for our efforts. 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 the agreed fee.
If data is determined to be unrecoverable, or we cannot successfully salvage and recover your data, there is no charge to you as our ‘no-data no-fee’ policy applies and there will not be assessed processing fees, however by sending media to us, you agree to operate on good faith intentions of using our recovery services and resources for the purpose of having us recover data from such media.
If the customer decides to decline to have the service completed or the device is not recoverable, there will be a return shipping fee due to have the device sent back to him/her.
Client agrees to pay in full upon completion of services rendered by Outsource. Payment is due prior to release of data (whether shipped, picked up or downloaded), no later than five (5) days after the file list of a successful recovery is posted. Other payment arrangements may be made prior to recovery service completion or initiation. We accept checks, P.O.s, PayPal, VISA, MasterCard, Discover and American Express. If the Client has given verbal, online or written approval for Standard, Expedited or Emergency service and wishes to cease recovery at any point after a verbal, online or written agreement has been entered but before completion of services, the Client will be charged 20% of the total recovery fee.
Credit card transactions may be limited to a maximum of $2,999.99. Higher amounts may require payment by check or money order.
The client must review the file list within five (5) days of the project being completed. If the client does not decline the file list within that five-day period, Outsource will consider the file list as approved and charge the default credit card on file in the full amount quoted plus any applicable shipping fees, and all media will be returned out to the customer’s shipping address on file at that time. If we are unable to process a payment, we will add a storage fee of $3.00 per day after the declined payment until the customer makes alternate payment arrangements. The balance may be sent to a third-party collections agency if not rectified within 90 days; in that case, these storage fees will also be included.
Outsource retains the right to recover the full amount of the approved proposal for all cases including, but not limited to, the amount of resources and cost already incurred by the Company.
Late or Declined Payments
In the case that a customer’s credit card declines a charge for Outsource’s services, a surcharge of $19.00 per failed attempt may be added to the total due. Outsource reserves the right to engage a third-party collections agency to collect the balance if the amount due is not settled within ninety (90) days of the initial declined charge. Once a collections agency is engaged, the minimum due for the return of the original media, not including recovered or extracted data, will be the greater of either a) 20% of the quoted service fee or b) US$200.00.
Outsource may offer payment plans to customers of its data recovery services. The terms of each plan will be negotiated between the customer and Outsource’s service representative. Outsource retains the right to decline a payment plan to any customer at the discretion of the service representative.
The total amount of the payment plan will be the sum of a) the approved quote for recovery services, b) the cost of any applicable transfer media, c) any additional shipping charges, and d) an installment-plan fee equal to $10.00 times the agreed-upon number of payments. This total will be spread out into approximately equal installments to be automatically charged to a credit card on either a monthly or biweekly basis, according to the agreement, until the amount due has been fully paid. Each time a payment is declined by the processor for any reason, there will be a $19.00 surcharge added to the subsequent payment.
No recovered or extracted data will be available to the customer until the cost of service has been paid in full. Outsource reserves the right to change the terms of payment plans at any time, and will notify the customer(s) affected if such a change occurs.
By agreeing to this service agreement you are stating that you understand that the media/data/equipment you are making available to Outsource is already damaged, that data recovery efforts can result in further damage and that we will not be held responsible for this or any other type of damage caused to this media.
Project Return Shipping
Any complimentary return shipping offers are only applicable domestically to clients in the United States and via specific shipping methods chosen by Outsource.
Original media being returned to the customer will be shipped via the method of their choice, and they are responsible for requesting insurance, signature-required delivery confirmation, or any other additional services desired that are not included in the chosen shipping method.
If the customer decides to decline to have the service completed or the device is not recoverable, there will be a return shipping fee due to have the device sent back to him/her.
Members of the Outsource Partner Program (“Partners”) are those who locate clients and either refer them directly to Outsource or act as an intermediary party in seeking repair and data recovery services from Outsource. Partners are then compensated for their referred business in the form of discounts or commission payments, according to their individual agreements with Outsource.
When acting as an intermediary, all Partners will be required to have written authorization to seek these services on behalf of the end client and to share personal information with Outsource as needed. Information collected must include: client name, address, phone number, and email. In addition, the client must sign an agreement with the Partner agreeing to the price determined by the Partner and agreeing to pay this price within a set period not to exceed sixty (60) days from completion of the service. All information mentioned in this paragraph must be furnished by the Partner to Outsource upon Outsource’s request in order to collect payment as described in the next paragraph.
A Partner will have a period of up to ninety (90) days to furnish payment to Outsource for the services rendered for the end client in order to allow the Partner to collect this amount from the end client. After this 90-day period, if the Partner does not wish to pay Outsource’s service fee, Outsource will request all information mentioned in the previous paragraph in order to collect payment from the end client. Upon receiving this information, Outsource will attempt to recoup the amount that the Partner quoted the end client to which the end client has agreed in writing. Methods of collect include but are not limited to: Outsource attempting to contact the end client to receive direct payment and/or Outsource referring this amount to a third-party collections agency.
If a Partner’s client is referred to a collections agency, and this collections agency is successful in recouping any amount of it, the Partner will receive payment equal to the amount paid to Outsource by the collections agency minus the fee Outsource quoted to the Partner for this project. If the amount is negative, no payment will be made to or due from the Partner.
If the Partner has not duly gathered the required information from the end client or refuses to furnish that information to Outsource after 90 days of nonpayment, the Partner will assume full responsibility for the amount quoted by Outsource for this project. Outsource may also in this case send the Partner’s debt to a third-party collections agency.
Customer Information Privacy
Customer identification and billing information provided in requesting services are used only for fulfilling these services and are never otherwise shared by Outsource with any third parties, with the following exception:
If an end client is referred by an Outsource Partner or affiliate, said Partner will be able to see pertinent information, such as the customer’s name, quoted service fee, and project progress so that the Partner has records of his/her referrals. Outsource will not share any other personal information with the referring Partner: for example, the end client’s billing information or files recovered.
Resolution of Disputes
If a dispute arises between you and Outsource Data Recovery (or any employee acting on behalf of Outsource), we strongly encourage you to contact us directly to seek a resolution before pursuing legal redress. Any claim or controversy at law or equity that arises shall be governed by the laws of the State of Ohio, USA without regard to conflict of law provisions. By engaging our services, the client agrees that any legal claims or disputes will be under the exclusive jurisdiction of the courts located within Cuyahoga County, Ohio.
We do not issue refunds (full or partial) or credits unless a charge was processed erroneously or not in accordance with the terms of service above. If there is any issue with your service, please contact us by phone at 1-800-573-4909 or [email protected], provide your project ID, and a description of the problem, and we will do our best to make the issue right, but we cannot always guarantee resolution in the customer’s favor.
For any questions or concerns about our terms of service, please contact Outsource customer service.
True No Data, No Charge Guarantee
Unlike many of our competitors, our data recovery services come with a True No-Data, No-Charge Guarantee. There will be no service charge if we cannot recover your data — with no strings attached. The sole exception to this is if we are unable to recover your data due to encryption (other than hardware encryption put in place by the manufacturer): in that case, 20% of the data recovery service fee would be due.
At Outsource, we do not charge parts fees, attempt fees, second-chance fees, or any of the other hidden fees that are so common at other data recovery service providers. We pride ourselves on being helpful and transparent, so the cost of your data recovery service is all-inclusive, and you don’t have to worry about small add-ons that can quickly drive up the cost of your service.