1. General Information
1.1. In these Terms and Conditions, “Data Recovery Expert Canada”, “we”, “us” or “our” refers to Data Recovery Expert Canada, a trading title of Fields Associates Limited. “Client”, “Customer” or “you” refers to any person, firm, company or other party that submits media, devices or equipment to us for diagnostics, data recovery or related services.
1.2. The words “Full Recovery” or “Full” refer only to the amount of data we are able to recover from the submitted media. They do not mean that all data originally stored on the media has been recovered.
1.3. As part of our diagnostic process, we will use commercially reasonable skill, care and expertise to assess the likely recoverability of data and, where possible, the approximate volume of recoverable data.
1.4. As part of the recovery process, we will use commercially reasonable efforts to retrieve or replicate as much recoverable data as reasonably possible from the submitted media.
1.5. Our standard business days are Monday to Friday, excluding public holidays. Standard business hours are 9:00 a.m. to 5:30 p.m. Data recovery services may be provided outside these hours where agreed in advance. Any out-of-hours diagnostic or recovery work may be charged at an agreed rate on a case-by-case basis.
1.6. We will use commercially reasonable efforts to meet estimated response times. Unless expressly agreed in writing, response times are estimates only and are not guaranteed contractual deadlines.
1.7. Media Dispatch and Collection Responsibility
• Once recovered data, original media or replacement media has been dispatched to the postal address provided by the Client, it is the Client’s responsibility to ensure collection from the postal office, courier depot or delivery provider where applicable.
• We will use reasonable efforts to notify the Client of dispatch details where available.
• Any delay or failure to collect media from a courier, postal service or customs authority is outside our direct control.
• If a package is held by customs, the Client is responsible for completing any required procedures, providing requested information and paying any applicable duties, taxes or charges.
1.8. Uncollected Media
• If media is returned to our laboratory because it was not collected, refused, undeliverable or sent to incorrect delivery details provided by the Client, we will notify the Client using the contact details available to us.
• Unless otherwise agreed, we may store returned or uncollected media for up to 30 calendar days from the date of our notice to the Client.
• If the Client does not arrange collection, redelivery or return shipping within this period, we may securely dispose of or destroy the media.
• Once media has been destroyed or disposed of, it cannot be recovered.
1.9. Liability for Uncollected Media
• We are not responsible for loss, delay, inconvenience or additional costs arising from the Client’s failure to provide correct delivery details, collect media, respond to collection notices or complete customs procedures.
• Nothing in these Terms limits liability where such limitation is not permitted by applicable law.
1.10. Acceptance of Terms
• By submitting media to us, approving a quotation, authorising work, making payment or accepting return delivery of media or recovered data, the Client agrees to these Terms and Conditions.
• The Client is responsible for ensuring that all delivery, billing and contact details provided to us are accurate and kept up to date.
2. Estimates, Quotations and Payments
2.1. Fixed price quotations are valid for seven calendar days unless otherwise stated in writing. After this period, the quotation may be revised.
2.2. All prices quoted are exclusive of applicable taxes, including GST/HST, PST or other applicable sales taxes, unless expressly stated otherwise.
2.3. Acceptance of a quotation may be given in writing, by email, by telephone, electronically or through any other method accepted by us. We are not required to begin recovery work until approval has been received.
2.4. If the Client approves recovery work and later decides not to proceed, we may charge for reasonable work already completed, parts used, donor media, replacement components or other costs already incurred. Any such charge will not exceed the approved quotation amount unless otherwise agreed.
2.5. Payment is due in full upon completion of the data recovery process and before release of recovered data, replacement media or original media, unless otherwise agreed in writing. We may require cleared payment before releasing data or media.
2.6. We may accept payment by credit card, debit card, bank transfer, cheque or other approved payment method. We reserve the right to decline certain payment methods or wait for funds to clear before release.
2.7. Overdue payments may incur interest at a rate of 1.5% per month, equivalent to 18% per year, or the maximum amount permitted by applicable law, whichever is lower. We may also recover reasonable administrative and collection costs where permitted by law.
3. Confidentiality and Privacy
3.1. We will treat all Client information, media and recovered data as confidential. We will not disclose data supplied with, stored on or recovered from Client media except:
• to employees, contractors, agents, affiliates or service providers who require access for the purpose of providing the services;
• where required by law, court order, regulatory authority or lawful request;
• with the Client’s consent; or
• as otherwise permitted under these Terms.
3.2. We will use authorised personnel and appropriate technical, physical and organisational safeguards to protect Client media and recovered data. Media may be stored or processed at one of our facilities, affiliated laboratories or approved service locations, which may differ from the original delivery address.
3.3. We handle personal information in accordance with applicable Canadian privacy legislation, including the Personal Information Protection and Electronic Documents Act (PIPEDA), where applicable.
3.4. The Client acknowledges that recovered data may include personal, confidential or sensitive information. The Client is responsible for ensuring that they have the legal authority to provide such media to us and to request recovery of the data.
4. Diagnostics and Recovery Process
4.1. Diagnostic reports may be provided by telephone, email or another agreed communication method.
4.2. Due to the nature of data recovery, our technicians may need to carry out physical, electronic or software-based work on the media, device or equipment supplied. The Client acknowledges that:
• the media, device or equipment may already be damaged or unstable;
• recovery attempts may result in further damage, deterioration or data loss;
• manufacturer warranties may become void; and
• data recovery is inherently uncertain and cannot be guaranteed.
4.3. We will use commercially reasonable care when handling Client media. However, except where caused by our gross negligence, wilful misconduct or breach of applicable law, we are not responsible for damage that results from the existing condition of the media or from reasonable recovery attempts.
4.4. In some cases, additional parts, donor devices, adapters, cables, replacement media or specialist tools may be required. We will inform the Client where additional charges apply and obtain approval before incurring material additional costs.
4.5. In complex or severely damaged cases, we may request a fixed attempt fee or contribution toward recovery costs. Such charges will be disclosed in advance and are optional unless expressly accepted by the Client.
4.6. Unless otherwise agreed, payment for recovery services will only be due where data is successfully recovered. The Client acknowledges that successful recovery does not guarantee that all files are complete, relevant, functional, uncorrupted or useful to the Client.
4.7. We may transfer media or equipment between our facilities, affiliates, approved laboratories or specialist service providers where reasonably necessary to perform the services. We will use commercially reasonable care in arranging such transfers.
5. Performance, Delivery and Return of Media
5.1. Recovered data may be returned by secure download, replacement storage media or another suitable method. For recovered data under 500GB, we may provide data by secure download only. For recovered data over 500GB, we may offer replacement media at an agreed additional cost.
5.2. Where physical media is returned, we may use a recognised courier or postal provider such as Canada Post, UPS, DHL, FedEx or another suitable carrier. Shipping fees and administration charges may apply where agreed or where stated in the quotation.
5.3. Delivery dates and transit times are estimates only. We are not responsible for delays caused by postal providers, couriers, customs authorities, weather, strikes or other events outside our reasonable control.
5.4. The Client should inspect delivered data or media as soon as reasonably possible after delivery. Any issue relating to delivery, missing items or incorrect media should be reported to us in writing within 14 calendar days of delivery or attempted delivery.
5.5. Unless otherwise agreed, we will retain a copy of recovered data for seven calendar days from the date of dispatch or download availability. During this period, we may assist with reasonable queries or provide replacement copies where practical. Extended storage may be available with the Client’s consent and may be subject to additional fees.
5.6. If the Client is dissatisfied with the recovery result, the Client must notify us promptly. Where appropriate, our remedy may include further reasonable recovery attempts, replacement delivery of recovered data or a full or partial refund, at our reasonable discretion.
5.7. Original media may be retained for a reasonable period following completion of the service. Unless otherwise agreed, the Client should request return of original media within 28 calendar days of our receipt of the media or within the period stated in our Return Drive Policy.
5.8. If the Client selects a free or standard non-tracked return service, the Client acknowledges that tracking and insurance may not be available. Where available, the Client may request tracked, insured or priority return shipping at an additional cost.
5.9. To the maximum extent permitted by applicable law, our liability for claims arising out of or relating to the services is limited to the amount paid by the Client for the specific service giving rise to the claim. We are not liable for indirect, incidental, special, consequential or economic losses, including loss of profits, loss of business, loss of goodwill or loss of anticipated savings.
5.10. Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, gross negligence or any liability that cannot be excluded or limited under applicable law.
6. Data Integrity
6.1. The Client acknowledges that we do not review, verify or validate the contents of every recovered file unless specifically agreed in writing.
6.2. Any integrity percentage or file condition estimate provided is an estimate only. It may be generated using specialist software, file signature checks or other diagnostic tools. Such estimates do not guarantee that files will open, function correctly, be complete or be useful.
6.3. Recovered files may be incomplete, corrupted, renamed, duplicated, fragmented, encrypted or otherwise affected by the condition of the original media.
6.4. The Client may request a file list before approving recovery or before release of recovered data, where available. A file list indicates files identified during recovery but does not guarantee file integrity, completeness or usability.
6.5. The Client is responsible for reviewing recovered data promptly after delivery and confirming whether any delivery or access issue exists within the notification period stated in these Terms.
7. Legal Rights and Client Authority
7.1. The Client confirms that they are the lawful owner, authorised user or authorised representative of the owner of the media and data submitted to us.
7.2. The Client confirms that the media and its contents are lawful and that the Client has the legal right to request diagnostics, recovery, copying and return of the data.
7.3. The Client agrees not to submit media containing unlawful material or data that the Client is not legally authorised to access, copy or recover.
7.4. The Client agrees to indemnify us against claims, losses, costs or liabilities arising from the Client’s lack of authority, unlawful possession of media or unlawful content, except to the extent caused by our own breach of law.
8. Governing Law
8.1. These Terms and Conditions are governed by the laws of the Province of British Columbia and the applicable federal laws of Canada, unless another province or jurisdiction is expressly agreed in writing.
8.2. The courts of British Columbia shall have jurisdiction over disputes arising from these Terms, subject to any mandatory consumer protection rights that may apply in the Client’s province or territory of residence.
9. Changes to These Terms
9.1. We may update these Terms and Conditions from time to time. The version applicable to the Client’s service will be the version in effect when the Client submits media, approves a quotation or otherwise accepts the service.
These Terms and Conditions were last modified on 27th May 2022.