Cardwave Services Ltd - Client Terms and Conditions of Service
NOTE: Please read these terms carefully before using this web site. Using this web site indicates that you accept these terms. If you do not accept these terms (“TERMS”), do not use this site.
1. General Information
- 1.1 In these terms and conditions:
- a) “Cardwave Services Ltd” is a UK registered company whose registered address is “6c Hopton Industrial Estate, Devizes Wiltshire, SN10 2EU”. References to “Cardwave” relates to Cardwave Services Ltd UK.
- b) “Client” The term “Client” or “Customer” relates to any person, firm, company or any other party that sends media to Rapid Data Recovery for diagnostics or data recovery.
- c) “Media” refers to any hard disk drives, floppy disks, USB Disks, External Hard Drives (where the hard disk remains securely attached to the enclosure), Laptops, Personal Computers, Tapes or any other digital storage device sent to Cardwave Services Ltd
- d) “Peripherals” refers to any items associated with the media such as wires, leads, controller cards, unattached external enclosures which can be readily detached from the media without affecting its ability to store digital data
- e) “Full” or phrase “Full Recovery”, when used in relation to the process of data recovery or the amount of data recovered relates solely to the amount of data that has been able to be recovered from the media and not to the amount of data originally contained on the media.
- 1.2. As part of its diagnostic process, Cardwave Services Ltd agrees to use its best commercial knowledge and expertise to determine the probability of and, where possible, the volume of recoverable data from the client’s media.
- 1.3. As part of its recovery process, Cardwave Services Ltd will endeavour to retrieve or replicate the maximum amount of data from the client’s media.
- 1.4. Cardwave Services Ltd’s days of business are defined as Monday to Friday, excluding any public holiday. Business hours are defined as 8.30AM to 5.00PM.
- 1.5. Cardwave Services Ltd will use all reasonable endeavours to achieve reasonable response times. However, unless otherwise agreed, failure to achieve any response times is not a contractual obligation.
2. Estimates, Quotations and Payments
- 2.1. All Fixed Price Quotations offered by Cardwave Services Ltd are valid for a period of seven days, unless otherwise agreed. After this period the quotation may alter without notification.
- 2.2. All prices quoted on the website or by representatives of Cardwave Services Ltd are exclusive of VAT.
- 2.3. Acceptance of a quotation may be given in through an online form or electronic mail. Cardwave Services Ltd reserves the right not to commence any recovery work until approval is given.
- 2.4. In the event that the client decides not to proceed with the recovery of data, after approval has been given, Cardwave Services Ltd reserves the right to charge the client for any work and / or parts used to date. This charge is at the discretion of Cardwave Services Ltd and may be equal to, but not exceed, the total approved amount for the recovery process.
- 2.5. The client understands that cleared payment is due in full upon completion of the data recovery process and prior to the release of data and/or original media (whether shipped, picked up or downloaded), unless otherwise agreed.
- 3.1. As part of its confidentiality policy, Cardwave Services Ltd agrees not to disclose any/all information or data files supplied with, stored on, or recovered from client equipment except to employees or agents of Cardwave Services Ltd subject to confidentiality agreements or as required by law including taking advice on a suspected legal breach, without the consent of the client.
- 3.2. Cardwave Services Ltd agrees to only use authorised data recovery engineers, and that all media supplied to Cardwave Services Ltd will be stored in a secure manner at one of its premises. The client understands that the location of storage may not be the same as the location to which the media was originally shipped.
- 3.3. All data recovered from a client’s media is stored on secure servers in accordance with the Data Protection Act 1998.
4.Use of Software
- 4.1. If you download software from this Site (“Software”), use of the Software is subject to the license terms in the Software License Agreement that accompanies or is provided with the Software. You may not download or install the Software until you have read and accepted the terms of the Software License Agreement.
5. Links To Other Web Sites
- 5.1. Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site.
- 5.2. Cardwave has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, Cardwave does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
- 6.1 The materials and services provided at this site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Cardwave further does not warrant the accuracy and completeness of the materials or services at this Site.
- 6.2. Cardwave may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and Cardwave makes no commitment to update the materials and services at this Site.
- 6.3. Information published at this Site may refer to products, programs or services that are not available in your country. Contact Cardwave customer services for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
7. Diagnostics and Recovery Processes
- 7.1. All diagnostic reports are provided to the client via telephone or electronic mail, unless otherwise agreed by a representative of Cardwave Services Ltd.
- 7.2. Due to the nature of data recovery, our technicians may be required to carry out physical work on the media/data/equipment made available to Cardwave Services Ltd. Therefore, the client acknowledges that
- (a) the media/data/equipment is already damaged,
- (b) data recovery efforts may result in further damage to the media/data/equipment
- (c) the media/data/equipment warranties may become void, and
- (d) Cardwave Services Ltd is not responsible for this or any other type of damage.
- 7.3. The client is aware that on occasions, Cardwave Services Ltd may be required to use additional media to continue with the diagnostic phase and/or carry out its recovery efforts. Examples of this include, but are not limited to, spare parts for disk drives and specific adaptors or connectors. Cardwave Services Ltd reserves the right to charge the client for such additional media at an agreed cost.
- 7.4. On rare occasions, Cardwave Services Ltd may require the client to cover some of the cost of attempting the recovery. This request will only apply when the recovery is complex or when severe damage has occurred and only as a no-obligation, fixed price quotation, and is not offered as part of Cardwave Services Ltd’s “no recovery, no fee” service.
- 7.5. Cardwave Services Ltd agrees that any payment for a recovery will only be processed in the event that data is successfully recovered from the client’s media. The client understands that due to the complex nature of data recovery, it is not always possible to recover all the information from the client’s media. Cardwave Services Ltd makes no provisions for the completeness, relevance or importance of the data recovered for the client unless otherwise agreed in writing by Cardwave Services Ltd and the client.
- 7.6. Cardwave Services Ltd reserves the right to send or redirect any equipment or media received at any of our premises to the most suitable location for data recovery. This includes making use of affiliate or parent company laboratory facilities. In these instances Cardwave Services Ltd will use a courier for the transport of the media or equipment. The client agrees that a) Cardwave Services Ltd will assume the costs of this transportation and b) Cardwave Services Ltd are not responsible for any damage or loss to any items transported as part of the overall aim to recover the client’s lost data.
8. Performance, Delivery & Carriage
- 8.1. Cardwave Services Ltd agrees to return all recovered data on suitable media. Examples of this include, but are not limited to, SD Card, USB or CD-ROM. As part of its standard data recovery service Cardwave Services Ltd currently returns a maximum of 3GB of data on CD-ROM and 30GB of data on DVD-r. Cardwave Services Ltd reserves the right to refuse to return, 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 Cardwave Data Recovery.
- 8.2. All replacement media has a warrantee period of seven calendar days from the date of dispatch from any of Cardwave Services Ltd’s offices, during which time Cardwave Services Ltd will replace or repair any goods deemed to be faulty. After this time period, any warranty lays solely with the manufacturer of the goods and not with Cardwave Services Ltd. If, after a time period of three working days, any further data recovery services are required from a returned media, it shall be charged at Cardwave Services Ltd’s standard rate.
- 8.3. All data recovered by Cardwave Services Ltd is returned to the client via a next day traceable service. Cardwave Services Ltd will charge the client for the postal service provided and any associated administration fees. This charge is in addition to the charge agreed for the data recovery process.
- 8.4. Cardwave Services Ltd 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 Cardwave Services Ltd.
- 8.5. 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 five 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 Cardwave Services Ltd, must be notified in writing within seven calendar days of delivery. Claims made outside of this time period may only be resolved at the discretion of Cardwave.
- 8.6. Cardwave Services Ltd will retain a copy of your recovered data for a period of seven days from the date of dispatch. During this period Cardwave Services Ltd will answer any queries concerning the recovered data and, if required, provide further copies. On occasions, with the client's consent, Cardwave may retain a copy of your recovered data and/or digital image beyond this point. In circumstances such as these, Cardwave Services Ltd reserves the right to charge a fee for duplicate copies of data, data storage, management and security.
- 8.7. The client and Cardwave Services Ltd agree that the sole and exclusive remedy for any unsatisfactory work shall be at Cardwave Services Ltd’s discretion. Cardwave Services Ltd reserves the right to either (a) try additional attempts by Cardwave Services Ltd’s engineer to remedy any unsatisfactory work, or (b) to refund the amount paid by the client in full or part.
- 8.8 All media sent to Cardwave Services Ltd for data recovery may be retained within one of its international offices for a period of up to fourteen days after completion of the data recovery service.
- 8.9. The client understands that Cardwave Services Ltd does not offer any guarantees or warranties of any kind and that the extent of any Cardwave Services Ltd's liability to the client is strictly limited to the fees you pay Cardwave Services Ltd for its data recovery service.
9. Returns Policy
- 9.1 As per our 'Return Drive Policy' you may request the return of your media within 28 days of us receiving your drive. The client understands that the delivery timeframes provided are calculated from the date of recovery plus fourteen days.
- 9.2 The client accepts that any requests for the return of their media should be by email to dataresus@Cardwave.com .
- 9.3 Any media or peripherals left with Cardwave Services Ltd after this time will be ecologically and securely disposed of
- 9.4 Upon completing the request for return media the client may have to make payment for carriage services and the client therefore accepts that the request shall not be considered until any required payment is received in full
- 9.5 The client accepts that tracking numbers may not be available for standard mail services
- 9.6 The clients accept that providing Cardwave Services Ltd provide proof of dispatch it is not responsible for any financial loss resulting from loss of the items whilst with any postal or courier carrier
- 9.7 The client accepts that any media or peripherals sent to Cardwave Services Ltd were faulty and their tangible value is therefore a maximum of $1, €1 or £1 and that this is the extent of the liability to Cardwave Services Ltd if items are lost prior to dispatch
10. Data Integrity
- 10.1 The client accepts that Cardwave Services Ltd will not examine the contents of any file contained on the media supplied to them.
- 10.2 Cardwave Services Ltd gives an integrity percentage of any data recovered. This is an estimate only and is derived using specialist software that performs a file signature verification process. This is where the recovered files signatures are matched against their extension. This process does not guarantee the level of integrity and may vary depending on various factors including, but not limited to, the file type and whether or not it is encrypted. The percentage given is an estimate only.
- 10.3 Cardwave Services Ltd accepts no responsibility or liability whatsoever for the contents, integrity, functionality, corruption or usefulness of the data recovered.
- 10.4 Whilst every effort is made to recover as much data as possible from any media received and any specific files requested by the client the recovery process is such that it is not specific and the sale of data is generic and based purely on the amount of data recovered and the labour in recovering that data. Therefore, should the client wish to know what files have been recovered they should request a file list from their account manager in writing or by email. This is the client's responsibility and a file list will not be provided unless requested from Cardwave Services Ltd in writing or by email by the client. The file list shows the files recovered. Cardwave Services Ltd gives no guarantee as to the integrity of the data shown on the file list or any other data recovered.
- 11.1. The client agrees that all media and its content provided to Cardwave Services Ltd is legal and the lawful possession of the client and that the client has the legal right to request data recovery services, as described under the Laws of England and Wales. These Terms and Conditions were last modified on 30th July 2015
12. Limitation of Liability
- 12.1. In no event will Cardwave, its suppliers, or other third parties mentioned at this site be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this site, any web sites linked to this site, or the materials or information or services contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
- 12.2. If your use of the materials, information or services from this site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- 13.1. Cardwave Services may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.