Terms and conditions
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Terms and conditions
Issue date: 01 Jan 2023
1. MJM Data Recovery Ltd
MJM Data Recovery Limited will use reasonable commercial efforts to determine the existence and extent of recoverability of data on your media (Diagnosis), and retrieve or provide access to your recoverable data (Data Recovery).
For the purposes of this document, the terms; we, us, our refer to MJM Data Recovery Ltd,
2. Diagnosis fee
You will not be charged a Diagnosis Fee (unless agreed before work commences).
3. Prices and quotations
Unless stated in the quotation. All prices are fixed and include spare parts where required, labour and return media. Media that is deemed unrecoverable is charged for return courier shipping costs only.
Final quotations values may change if the information given to us at the time of the quote is in error or there are requested changes that incur a cost. Such as;
a) We quoted for media of a different storage capacity to that received. For example, we were instructed to quote for a 1 TB hard drive that is found to be a 4 TB drive.
b) the fault with the media is not as described on the submission form, online or telephone quote request. For example, a hard disk has a mechanical failure, when it was assumed, it was non-mechanical;
c) Special requirements that are made after a job is received;
d) there are more (or less) drives in a RAID-based system, the cost will be adjusted accordingly;
e) a service level change is requested to a quicker or slower service than originally requested.
4. Spare parts cost.
This section only becomes active when section 3b above applies, and we need to purchase spare parts to complete the diagnosis. These charges apply when;
a) A hard drive has a mechanical fault and was quoted as non-mechanical.
b) a physical hard disk drive has been previously opened outside a Class 100 Clean-air environment. Please see our opened drive policy for more details.
c) When a proprietary component on an SSD has failed, it will require electronic components sourced from an identical drive. You will be notified if this is the case before we purchase any parts.
5. Diagnosis charges.
Diagnosis charges apply according to the following.
For cases that involve a single media or RAID systems with 6 drives or fewer.
There is usually no diagnosis charge, however, in some complex cases, where extensive diagnosis is required, it will involve a charge;
a) where files on an SSD drive have been deleted, or it has been formatted.
Many modern SSD drives have a built-in function (TRIM) that erases the areas used by deleted files, and formatted volumes. This results with unrecoverable data. We can attempt a recovery on these, but failure to retrieve data will invoke a charge. The cost of the charge will be detailed in your quote and is only charged where the data is not recoverable.
b) when files required for recovery are reporting a zero file size;
c) when complex RAID parameters need analysis, for example in a SAN system with more than 10 drives;
d) for RAID Systems with more than 6 drives, an 'Imaging' charge is made on a per-drive basis from the 7th drive on, this is to cover the costs and time for the imaging process.
e) Where the user has multiple media and is not sure which one holds the data, the user is requested to give their best guess. The first drive is treated as free diagnosis or as per the terms in the quote. The remainder will be charged an imaging fee or for any spare parts required on the remaining media until the data is found. Payment is only required for the media processed and are done in order according to the customer's instructions.
6. Shipping charges
You agree to be responsible for all media, shipping and handling charges and the risk of loss during shipping. Any equipment or media sent for processing by MJM Data Recovery Ltd must be collected, or return shipping paid for, within 3 months (or a previously agreed timescale) from the closure of the job.
7. Abandoned equipment
Because of GDPR, any equipment or media that remains with us longer than the agreed time or three months from the date of notification of job completion, whichever is the longest; any abandoned computer equipment will be recycled, and any storage media destroyed. We will endeavour to notify you by phone or email before this is done. If there is no response, then the equipment will be deemed as abandoned.
8. Authorisation to commence work.
No services are performed, and no charges are incurred without your consent, and that you agree to pay all mutually agreed charges. Notification of agreement can be in the format of a signed submission form accompanying the media for recovery or an email agreeing to these terms.
You understand that all data recovery shipments will be sent to MJM DATA RECOVERY LTD, Ickleford Manor, Turnpike Lane, Hitchin, Hertfordshire. SG5 3XD, United Kingdom. Except during national emergencies, where the delivery address may change. You will be advised of the delivery address when you receive our quotation.
9. Ownership of media
You represent to MJM DATA RECOVERY LTD that you are in lawful possession of any data, media and any other equipment made available to MJM DATA RECOVERY LTD. And that you have a lawful purpose to request MJM DATA RECOVERY LTD's services.
10. Liabilities, Warranties and gurantees
You understand that the media/data/equipment you are making available to MJM DATA RECOVERY LTD is already damaged. And that data recovery efforts can result in further damage, your media, and equipment warranties may become void and that MJM DATA RECOVERY LTD is not responsible for this or any other type of damage.
You understand that MJM DATA RECOVERY LTD does not offer any guarantees or warranties of any kind and that the extent of any MJM DATA RECOVERY LTD's liability to you is strictly limited to the fees you pay MJM DATA RECOVERY LTD for its services in data recovery. This does not affect your statutory rights.
11. Return of faulty media
Except for logical problems, such as deleted or missing data, formatted media, or it is a requirement of a contract. In most cases and unless specifically requested, the original media is not returned. Because of the original fault, it may be in a condition where it could cause a fire, or other serious damage to equipment when powered on. If you do request your media be returned, you indemnify MJM Data Recovery against all damages caused by the original media.
12. Payments
We always send you a file list, so you can check what has been successfully recovered before payment is requested. Once the file list is confirmed, and unless other agreements are in place, payment must be made before the release of any data for shipment.
13. Data retention
MJM DATA RECOVERY LTD will retain a copy of your recovered data for a period of two weeks. During this period, MJM will be able to answer queries about the recovered data and provide copies where necessary.
14. Consent
Any consent required of either party will be effective if provided in a commercially reasonable manner, which includes without limitation;
a) A Data recovery media submission form (sent with quotations or available on request);
b) facsimile (fax);
c) by email;
d) by sending a drive to us for data recovery purposes.
e) by telephone, followed up by written confirmation as a), b), or c) above, at the earliest possible opportunity;
15. Litigation
Unless otherwise agreed, you represent to MJM DATA RECOVERY LTD that this media/data is NOT involved, or potentially involved, in litigation.
16. Cancellation fees
Once work has commenced on your media, and you decide not to proceed with the recovery, a cancellation fee may be applicable. The fee will be between 0 if the job has not been started, and a maximum of 50 percent if the job is complete and ready to be sent. The cancellation fee is based on the lowest quote value in your quote whichever service level you selected, plus return shipping and VAT. The final charge is based on the stage of recovery at the point of cancellation, as shown below.
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| Stage | % of quote |
|---|---|
| Pre diagnosis | 0 |
| Post diagnosis | 10% |
| Cloning | 15% |
| Post cloning | 20% |
| File system analysis | 25% |
| Data copying | 30% |
| File listing | 35% |
| File list approved | 40% |
| Packed for despatch | 50% |
| If spares purchased | At cost |
Notes:
If spares have been purchased specifically for your job, then the cost of these spares is added to the final cancellation fee.
The cancellation fee does not apply if we are unable to proceed with the recovery for reasons where the customer is not at fault, for example; you decide to cancel the recovery because spares are unavailable to complete the recovery in a timely manner, and you would only be charged return courier costs.
17. Disputes
In the unlikely event a dispute arises that cannot be settled informally, both you and MJM DATA RECOVERY LTD agree that such dispute will be resolved according to the laws of The United Kingdom of Great Britain and Northern Ireland.
18. Data Protection Act and GDPR
MJM DATA RECOVERY LTD is registered under the Data Protection Act and will keep all data retrieved from your media confidential. We provide a free encryption service to our data recovery customers to minimise the risk of GDPR data breaches whilst the data is in transit via courier from our premises to the destination address. It is your responsibility to determine if the data requires encryption or is within the scope of the data protection act or GDPR regulations.
19. Addresses
a) The address for our main labs and workshops is; MJM DATA RECOVERY LTD, Ickleford Manor, Turnpike Lane, Hitchin, Hertfordshire. SG5 3XD, United Kingdom.
b) Our registered address is; MJM Data Recovery Ltd. 11 Venture One Business Park, Long Acre Close, Sheffield S20 3FR
All media for data recovery and all other correspondence should be sent to address a) above.
Taxation information and administrative information should be sent to address b) above.
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Revisions
| Date | Section | Change |
|---|---|---|
| 31/12/2022 | All | Revised all sections – Website restructure |
| 01/01/2023 | 17 | Typos and grammar corrected. |
| 05/04/2023 | 19 | Change to registered address |