Terms of Service

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 possible to recover 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 to be approved by said client. (See File Approval and Retrieval.) Unrecoverable devices will be returned or securely disposed of. (See Project Return Shipping.)

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.

Legal Rights

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.

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.

Liability

Outsource assumes no liability for any claims regarding the physical functional 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, 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 reward.

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 consequential, incidental or like damages, however caused and on any theory of liability, 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.

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.

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 practice. 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.

Repair Service

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.

Cancellation Fee

A client may request to cancel the service project at any point before the file list is posted. If the customer has already approved service based on the quote provided by Outsource, a cancellation fee equal or 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. 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 $200 or 20% of the data recovery cost will be due.

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 payment 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, per the aforementioned terms, 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) on 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 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. (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 the entire data recovery service fee.

File Retrieval

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 (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.

Transfer Media

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, we will apply our existing technology and standard processes and use all 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, Outsource will use all 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.

Expedited and Emergency Recovery

Upon authorization of an Expedited or Emergency Recovery, the respective fee will be charged to the payment method provided by the client at the time of authorization. After the recovery has been authorized and the charge has been successfully processed, Outsource will begin working on the media and put forth all reasonable efforts to recover the data, within the specified time frame, and in accordance with the authorized service level.

If due to circumstances outside of our control, Outsource cannot deliver the service within the specified time frame, the Expedited or Emergency fee will not be refunded and the client will be due for the remainder of the service quote upon completion.

Monolithic Device Recoveries

When a monolithic device (SD card, Micro SD Card, or Flash Drive) is approved for recovery, Outsource will not return the device after completion no matter the outcome. Outsource reserves the right to keep the original media for further research and development and to protect proprietary recovery methods.

Unrecoverable / Unsuccessful Recovery

If we are unable to recover any data, we will inform you accordingly and the service fee will be void. If, we are able to recover partial data, we will inform you accordingly and you may choose to receive the recovered data for the agreed fee.

Declined Services

If the customer declines to have the service completed or the device is not recoverable, there will be an option to dispose of the media or pay the return shipping fee.

Payment

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.

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 is posted. Other payment arrangements may be made prior to recovery service completion or initiation. We accept checks, P.O.s, Money Orders, 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 in addition to the expedited or emergency fee, if applicable.

Credit card transactions may be limited to a maximum of $2,999.99. Higher amounts may require payment by check or money order.

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) 30% of the quoted service fee or b) US$200.00.

Payment Plans

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) A $10.00 per payment convenience fee. This total will be spread out into equal installments to be automatically charged to a credit card on a pre-determined schedule, 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 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.

Project Return Shipping

Original media being returned to the client will be shipped via the method of their choice. The client is responsible for requesting shipping insurance, signature-required delivery confirmation, or any other additional services that are not included in the chosen shipping method. Completed recoveries are always shipped with signature-required delivery confirmation.

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.

Refund Policy

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 an Outsource customer service representative.