The following terms and conditions regulate your request, purchase, or receipt of data recovery services provided and delivered by PITS Global Data Recovery Services, doing business as “PITS Global Data Recovery Services” (hereinafter referred to as “PITS”, “we”, “us”, “our”, “laboratory”), with the offices at:
Suite Cpru A-B, 165-167 The Broadway, Wimbledon, London, SW19 1NE
We encourage you to read our Terms and Conditions before submitting a data recovery case. After receiving a case submission under these terms, the company will designate the applicable representatives to perform the services. PITS Global Data Recovery Services reserves the right to make changes to these terms at any time.
Evaluation Procedure
All data storage devices are evaluated to determine the feasibility of data retrieval and the required level of work. If you choose the paid evaluation option, this fee is payable upfront and is non-refundable. In the service quote provided below, the total cost already includes a credit for the evaluation fee you have paid.
Service Quote and Authorisation of the Recovery Process
If you agree to the cost and terms in the service quotation for data retrieval, you will need to electronically sign the quotation and provide credit card details to authorise the start of the data retrieval process.
While we strive for a quick turnaround time, the unpredictable nature of data retrieval can result in unforeseen complications and technical issues, potentially extending the estimated timeframe. By accepting our Terms and Conditions, you acknowledge and accept the possibility of such delays.
Please note, the fees for data retrieval do not include the cost of a new return data storage device, which will be separately quoted. Where feasible and within data limits, recovered data may be available via Secure Cloud Storage.
The customer is responsible for ensuring that the correct media is submitted for retrieval. PITS does not accept liability for customer errors. If an incorrect data storage device is submitted and data retrieval services are authorised and completed, you will be charged for these services.
- An engagement fee may be charged for drives previously opened or helium drives, as well as for particularly very difficult cases. Such fees will be determined case-by-case and mutually agreed upon by both parties before providing any service.
Completed Recovery Service
We will utilize all feasible methods to retrieve all recoverable data from your data storage device. Upon completion, we will notify you via email to schedule a Customer file verification session. You will have 5 business days to review the recovered data and make full payment before the release of the data.
If specific files are required, precise details including names, file types, paths, and last modified dates must be provided to us when you sign the service quote. By agreeing to these terms, you acknowledge that failure to provide required file details in the specified format renders the service non-disputable, and the service fee cannot be charged back.
Data Delivery Options for Recovered Data
Recovered data will be released only after full payment for services and associated costs, which include applicable service fees, costs for a new device, and shipping. We provide two options for data delivery:
1. For data not exceeding 50GB, a temporary cloud account will be created, allowing you to download the recovered data within 7 calendar days.
2. Alternatively, your data can be returned on a new external hard drive, which incurs an additional charge. The returned media is encrypted for security during transit, with the encryption key sent via email or text.
Once the data is delivered to the customer, no complaints about unsatisfactory data recovery results are accepted. Our no-refund policy is fully enforced without any exclusions.
Unsuccessful Recovery Effort
If you wish to have your device returned, a separate handling and return fee will apply.
Return of Original Media
Upon your request, we can return the original storage device to you. The cost of the return shipment will be your responsibility. However, this does not extend to the casings of external or portable hard drive devices, as all such enclosures are removed and utilised during the evaluation process. It is important to understand that some devices, like iMacs, may incur damage during the evaluation and recovery process, rendering them inoperable. Consequently, we will not be in a position to return these types of devices.
Disposal of Abandoned Storage Media
Any data storage device left at our premises without any communication from the Customer will be subject to disposal, reuse, or recycling after a period of 30 days. By this action, you relinquish PITS from any duty of confidentiality regarding these devices. Upon request by the Customer, a certificate of destruction can be issued. An administrative fee of £200 for the certificate of destruction must be paid in advance.
Service Limitations
You, as the legal owner of the submitted storage device, acknowledge that the success of data recovery cannot be assured. PITS will make every reasonable effort to recover data, but no specific outcome can be promised. Additionally, you understand and accept that your device (be it a hard drive, flash drive, memory card, or similar) is subject to the risk of failure or irrecoverable data loss at any time, including while in the custody of PITS’s data recovery engineers. PITS shall bear no liability for any such occurrences under any circumstances.
Terms of Payment and Payment Plans for Data Recovery Service
Data will not be released until full payment for the services and related costs, including service fees, new device costs, and shipping, has been made. Payment should be made using credit cards or other methods approved by PITS. Payments via card are subject to the issuing bank’s approval. PITS is not responsible for any refusal of payment by card-issuing banks as this is beyond our control. You consent to PITS charging the payment methods you provide for the total cost of data recovery services.
- The evaluation fees should be paid in advance. A customer is informed about any extra fee beforehand.
Refunds
PITS enforces a strict no-refund policy for all services, which includes evaluation, data recovery, shipping, and the engagement fee. This policy applies even in cases where services are only partially successful or when any data is recovered without the customer having provided a detailed list of critical files in advance. The engagement fee, required at the commencement of services, is non-refundable. This no-refund stance is due to the immediate allocation of significant resources, such as labor, spare parts, and specialised technology, each tailored to the specific requirements of individual clients. These resources, once committed to a service, incur costs that are non-recoverable.
By choosing PITS’ services, you, as the Customer, recognise and accept this no-refund policy as a fundamental term of your agreement with PITS. You acknowledge that all payments, including the engagement fee, made in the course of obtaining our services, are final and are not subject to refund under any circumstances.
Taxes
You acknowledge that all prices quoted by PITS Global Data Recovery Services Ltd are inclusive of any applicable Value Added Tax (VAT). PITS will handle the withholding and remittance of all required taxes, including VAT, in accordance with the prevailing laws. This ensures that the price you are quoted is the final price, with no additional tax charges to be added.
Authorisation
By dispatching your data storage device to PITS, you automatically grant PITS and its employees, independent contractors, agents, and delegates the authority to receive, transport (for the purpose of data recovery), inspect, evaluate, check, attempt recovery, and process each data storage device.
Legal Rights
In initiating a new data recovery case with PITS, you affirm and guarantee that you have reached the legal age of majority in your state or country of residence. You further warrant that you are either the legitimate owner or the duly authorized representative of the legal owner of the submitted device and/or data.
Additionally, you assure that the data on the device is lawful and that you possess all the necessary legal rights:
• to send us the storage media and data;
• to have the data recovered using PITS’ services;
• to receive the recovered data;
• to agree to these terms & conditions.
The legal owner or the authorized representative of the legal owner of the submitted device agrees to defend and indemnify PITS and its staff against any claims or legal actions related to the submitted storage device, equipment, data, or your legal rights, or lack thereof, to said device and data.
Confidentiality
The protection of the confidentiality of your private information and/or recovered data is of utmost importance. We hereby affirm our commitment to safeguard the confidentiality of your data against unauthorised access, except as mandated by law, and will utilise your submitted storage device and confidential data solely for the purpose of data recovery.
Disclaimer
PITS, along with its employees, engineers, directors, and officers, offers no explicit warranties, guarantees, representations, or conditions concerning the data recovery services provided or their outcomes. All attempts at data recovery are conducted on an ‘as is’ and ‘with all faults’ basis, and you undertake them at your own risk.
Limitation of Liability
The Customer recognises that the data storage device was already damaged prior to receipt by PITS. PITS shall not be liable for any claims related to the transport, packaging, damage, physical function of the storage device, equipment, or the state or presence of data on the device provided before, during, or after the data recovery service, unless it is proven that the damage was intentionally caused by us. To the fullest extent permissible by applicable law, this disclaimer applies to all damages, irrespective of whether PITS has been informed of the possibility of such damages or losses to persons or property. Our liability for any aspect of the data recovery services, including negligence on our part, shall be limited to the total fee paid by the Customer for these services.
Under no circumstances will PITS, its contractors, officers, directors, or employees be liable for any loss of data, device damage, loss of profit or revenue, or for indirect, special, incidental, or consequential damages arising from the service provided. The intent of this limitation is solely to limit our liability for performing data recovery services, and the pricing reflects the assumed risk. You acknowledge and accept that the cost for the exclusive services would be higher if greater liability was assumed. You are also aware of the inherent risks of injury and property damage associated with data recovery, including but not limited to, the potential for destruction or damage to the device or data and the potential failure to recover data, with such risk entirely your responsibility.
Transport of a data storage device may be conducted by the Customer or via third-party professional shipping couriers. PITS is not liable for the condition of the Customer’s data storage device nor for its transportation to or from PITS laboratories, or addresses designated by professional shipping couriers or the Customer. The Customer has the option to request their storage devices and/or equipment to be insured by the courier at an additional cost. The Customer agrees to notify PITS in writing of any special packaging requirements for their data storage device and the desired insured value for transport.
When dispatching the Customer’s data storage device, PITS utilises suitable packaging and estimates the device’s value for transport. In the rare event of damage or loss of the device, an insurance claim can be filed against the professional shipping couriers. Following an investigation, the Customer may receive compensation upon claim resolution. PITS will not be responsible for any claims rejected by the courier, and the Customer cannot contest the fee paid for the completed data recovery service.
Personal Data
Throughout the mediation process, no party may cite incomplete adherence to Clause A as grounds for refusing to proceed or for delaying the mediation. Issuing the Notice of Mediation will suspend the operation of any applicable limitation periods concerning the Dispute for 30 days following the agreement between the parties that mediation has concluded, or upon the mediator issuing a Notice of Impasse. Each party shall equally bear the costs of mediation, unless a different arrangement is mutually agreed upon.
Compliance with Laws
As a Customer, you recognise and agree to adhere to all relevant laws, statutes, and regulations pertaining to your use of our website. PITS reserves the right to report any breaches to law enforcement agencies or other relevant authorities. Additionally, PITS is entitled to conduct an independent inquiry to ascertain the extent of damage and underlying motives upon learning of any potential violation of specific terms and/or conditions of our website. You commit to cooperating with such an investigation, understanding that its findings may be shared with law enforcement agencies or other pertinent authorities, and that you may be subject to legal and civil liabilities.
International Trade Law
You acknowledge that all services provided via our website are subject to the customs and export control laws and regulations of the United Kingdom. PITS retains the right to refuse data recovery services or the return of any storage devices found to be in contravention of these laws and regulations.
Settlement of Disputes
Any dispute arising from or in connection with this Agreement, including questions regarding its breach, termination, validity, interpretation, or performance (“Dispute”), shall be addressed through the following procedures:
A. Negotiation
Following written notification of a Dispute, the parties shall endeavour to resolve it swiftly through negotiations between executives authorised to settle the matter. This process is to be concluded within 30 days (the “Negotiation”).
B. Mediation
Should the dispute remain unresolved following negotiations as outlined in Clause A, the parties shall proceed to mediation, unless they agree to an alternative timeframe at the time of the dispute. A “Notice of Mediation” must be issued, indicating the unsuccessful conclusion of the Negotiations and initiating the mediation process. The parties are to agree upon a mediator; failing agreement within 14 days, a recognised UK mediation service shall appoint one. The mediation session must take place within 45 days of engaging the mediator and continue for at least one full day before any party may opt to withdraw.
The parties can extend the mediation beyond one day, until a settlement is reached, or until either party [or the mediator] declares an unresolvable impasse and issues a “notice of termination of mediation.” All reasonable efforts should be made to conclude mediation within 30 days from the first session.
During mediation, no party may cite the non-compliance with Clause A as grounds to refuse or delay proceedings. Issuing the Notice of Mediation will suspend any relevant limitation periods regarding the Dispute for 30 days following the agreement that mediation has concluded, or upon the mediator’s declaration of an impasse. Each party shall equally share mediation costs, unless otherwise agreed.
All communications, written or oral, in Phases A and B, are confidential and treated as settlement negotiations under applicable evidence rules; however, documents produced in the normal course of business before the Dispute, which would otherwise be discoverable, do not become confidential merely because they feature in the Negotiation and/or Mediation. The confidentiality of the process shall be upheld as per terms set by the mediator and/or mediation service provider.
Assignment
You concur that the current Terms cannot be assigned or transferred without prior written consent from PITS. PITS retains the right to assign or delegate all or part of its rights and obligations under these terms without your consent, but will furnish you with written notice should such an event occur.
This document was last updated on 01/08/2023.