Terms and Conditions for Data Recovery Services

Raga Data Solutions will determine the possibility of recovering data on your media (Analysis) and retrieve and/or provide access to your recovered data (Data Recovery) under the conditions of service offered.

You will be advised of a Analysis fee for specified work . You will be notified in writing the cost of this Analysis Service for which payment is needed prior to the start this specified work.

Unless otherwise agreed in writing you will be charged a Data Recovery Fee for the services provided by Raga Data Solutions. A separate charge will be made for the return media you have specified. Raga Data Solutions does not guarantee or pass on any warranty for this media.

In the event Raga Data Solutions undertakes to arrange a courier service you agree that the Raga Data Solutions is not responsible if the consignment is lost or stolen and our part ends with giving the booked consignment number to you. You may have to check with the concerned Courier company expressing your concern and the claim.

No services are performed and no charges are incurred without your consent.

Raga Data Solutions complies with the Data Protection Act and will keep all data retrieved from your media confidential. NDAs can be signed on demand.

You represent to Raga Data Solutions that you are in lawful possession of any data, media and/or equipment made available to Raga Data Solutions, and that you have a lawful purpose to request the services from Raga Data Solutions in retrieving the subjected Data.

You understand that the media/data/equipment you are making available to Raga Data Solutions is already damaged, that data recovery efforts can result in further damage, that your media and/or equipment warranties may become void and that Raga Data Solutions is not responsible for this or any other type of damages caused to the media.

In making your recovered data available to you, you agree that you are satisfied with the Raga Data Solutions services and that a fee is payable for availing these specialized services.

Raga Data Solutions will retain a copy of your recovered data for a period of  Seven days . During this period Raga Data Solutions and/or its representatives will answer queries about the recovered data and, if required, provide further copies.

You understand that Raga Data Solutions does not offer guarantees or warranties of any kind and that the extent of any Raga Data Solutions's liability to you is strictly limited to the fees you pay for its services in data recovery.

Any consent required of either party will be effective if provided in a commercially reasonable manner, which includes without limitation facsimile (fax), in person, by telephone or email; if followed by written confirmation at the earliest possible opportunity.

You represent to Raga Data Solutions that this media/data is not involved or potentially involved in any litigation or criminal proceedings. .

In the unlikely event a dispute arises that cannot be settled informally, both you and Raga Data Solutions agree that such dispute will be resolved according to the Jurisdiction of Karnataka, India.

All payments are due within 21 days of the invoice date. All Invoices outstanding beyond this date will be referred to a Raga DataSolutions agent and collection will be subject to a surcharge of 15% plus vat to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred will be your responsibility.

Authorization
The customer authorizes RDS to send his media to the legally registered facilities of RDS.

Legal Rights
The customer is the legal owner, representative or otherwise and has legitimate rights to the property and all data contained therein.

Limited Liability
The company shall not be liable for any claims regarding the physical functioning of media/equipment or the condition or existence of data on storage media supplied before, during, or after service. The company is not liable to the customer for any direct or indirect damages, including loss of data, loss of revenue, incidental or consequential, before during or after
service.

Confidentiality
The company, its officers and employees agree to absolute Non-disclosure of any and all information or data files supplied with, stored on, or recovered from customers media/equipment.

Payment
Payment is due in full upon completion of successful recovery, prior to release of data (whether shipped, picked up or downloaded) unless by special previous arrangement. If we recover the data you are looking for you must pay the price quoted for recovery.

Shipping
All the fright charges are borne by the customer regardless of whether the data is recovered or not.

Guarantee
Guarantee cannot be given for the Recovery, however we try our best to retrieve them.  Guarantee cannot be given to the ecovered data. Once the recovered data is handed over to the customer, it is the customer's responsibility to protect it from another crash.

All the above mentioned clause are Subject to Force majeure clause.

1. Services

1.1 Raga Data Solutions agrees to provide the Services to the Customer in accordance with these Terms and Conditions and any special conditions agreed between the parties.

1.2 In carrying out the Services Raga Data Solutions undertakes to the Customer that it shall use its reasonable endeavors to undertake the Services in accordance with good technical practice and within the time period agreed between the parties although time is not of the essence and that at all times Raga Data Solutions will exercise reasonable skill and care.

1.3 All materials and items of equipment which are to be supplied by the Customer for the purpose of the Services shall be delivered, assembled, maintained, dismantled and collected at the Customer's cost and in accordance with the requirements of the Raga Data Solutions staff responsible for the Services. The Customer agrees that the Service may require that equipment is dismantled such that it cannot be re-assembled again and that all equipment and other accessories (except those owned and provided by the Customer) and all materials obtained by Raga Data Solutions and/or used for the purposes of the Services shall remain the property of Raga Data Solutions.

2. Confidentiality

Raga Data Solutions agrees not to disclose any information or data files supplied with, stored on, or recovered from client equipment except to employees of Raga Data Solutions subject to confidentiality agreements or as required by law, without the consent of the client

3. Client Management

Each case will be assigned an overall Account Manager, who will be your main point of contact regarding the project and he/she will deal with all your day-to-day development queries.
Raga Data Solutions implements a case management system. At any stage, the client can request a status report.

4. Payment Terms

4.1 The price of the service shall be as quoted in the cost estimate attached hereto (the proposal). The client will need to add the appropriate Service Tax at the current rate to any quotation given by Raga Data Solutions.

4.2 Any additional service fees that may fall due shall be agreed as the need arises.

4.3 Unless otherwise stated on the invoice, all undisputed invoices are due for payment within 21 days of the date of receipt by the client. No settlement discount is allowed.

4.4 Raga Data Solutions reserves the right to charge interest on any overdue and undisputed amounts at the rate of 2.5% per Quarter above the base rate from the due date until the date of payment.

5. Performance

5.1 Raga Data Solutions agrees to return all recovered data on suitable media. Examples of this include but not limited to CD-ROM, DVD or a replacement hard drive. As part of its standard data recovery service, Raga Data Solutions currently returns a maximum of 2GB of data on CD-ROM and 20GB of data on DVD. Raga Data Solutions reserve the right to refuse or charge the client an agreed amount for returning data on these forms of media when the recovered data exceeds these limits. The client must pay an agreed amount for any replacement media and this amount is in addition to the costs agreed for the data recovery service unless otherwise agreed in writing by a representative of Raga Data Solutions.

5.2 The client agrees to inspect or to procure to inspect the goods delivered at the earliest opportunity after delivery or attempted delivery and in any event within two calendar days of delivery or attempted delivery. Any claims for shortfall in delivery of goods, or claims that the goods do not comply with the order agreed with Raga Data Solutions must be notified in writing within five calendar days of delivery. Claims made outside of this time period may only be resolved at the discretion of Raga Data Solutions.

5.3 Raga Data Solutions will retain a copy of your recovered data for a period of three working days from the date of dispatch. During this period Raga Data Solutions will answer any queries concerning the recovered data and, if required, provide further copies at an additional charge of Rs.250 per DVD. On occasions, with the client's consent Raga Data Solutions may retain a copy of your recovered data and/or digital image beyond this point. In such circumstances, Raga Data Solutions reserves the right to charge a fee for duplicate copies of data, data storage, management and security.

6 Delivery

6.1 Successfull Recovery Job's - All data recovered by Raga Data Solutions is retuned to the client via a traceable service. Raga Data Solutions will pay for delivery of recovered data usually on a Next Day service within India. If outside India, the client will have to pay the costs of delivery.

6.2 Unsuccessfull Recovery Job's - The client understands that all media returned as part of Raga Data Solutions free return service is provided via Royal Mail’s standard postal service, unless otherwise agreed by a representative of Easy Recovery. As this service is non-traceable, Easy Recovery holds no responsibility for any media lost or damaged within the postal network. If you do not want your media returned via standard post, please contact us within 2 working days off sending in drive to arrange a courier service.

6.3 Easy Recovery holds no responsibility for delays caused as a result of the postal network. In these circumstances no compensation will be given for loss of profits, inconvenience etc unless previously agreed by Easy Recovery .

7. Force Majeure

Neither party shall be liable for any delay in performance caused by circumstances beyond its reasonable control and the party in delay shall be entitled to a reasonable extension of time for performance.

8. Indemnity

The Client agrees to indemnify and keep indemnified and hold Easy Recovery, its owners, managers and controlling persons and/or any of Easy Recovery's associated or affiliated companies harmless from and against any claim brought against the client by a third party resulting from the provision of services by Easy Recovery to the Client and/or any of the clients associated or affiliated companies, in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by the client and/or any of the clients associated or affiliated companies in consequence of Easy Recovery's breach or non-observance of these terms and conditions of business and/or of any warranties including, without limitation, the infringement of any third party intellectual property rights. Easy Recovery agrees to indemnify and keep indemnified and hold the client, its managers, and controlling persons and/or any of the Client's associated or affiliated companies harmless from and against any claim brought against Easy Recovery by a third party resulting from the provision of services by Easy Recovery to the client and/or any of the client's associated or affiliated companies, in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by Easy Recovery and/or any of the clients associated or affiliated companies in consequence of Easy Recovery's breach or non-observance of these terms and conditions of business and/or of any warranties including, without limitation, the infringement of any third party intellectual property rights.

9. Warranties

Easy Recovery warrants that it has the necessary skills and expertise to enter into this agreement, and that it has the experience to perform its obligation with all due skill and care.

Easy Recovery warrants that the provision of the services and/or any products by it hereunder to the client shall not infringe any third party intellectual property rights and shall comply with all relevant laws, regulations, codes and guidelines.

10. Trademarks

10.1 The trade marks and logos (the Trademarks) used and displayed on this Site are registered and unregistered trademarks of Easy Recovery and others and may not be used in any advertising or other publicity materials in relation to the distribution of any information or materials obtained from this Site without the prior written consent of the Trademark owner.

11. Law

The contract between the Easy Recovery and client shall be governed and constructed according to Northern Ireland law and both parties submit to the exclusive jurisdiction of the Northern Ireland Courts.

If you need to speak to us phone us on 0800 075 0720 or email us at support@easyrecovery.co.uk