Terms of Service
The following Terms of Service govern your request, purchase, or receipt of data recovery services provided by RaidDataRecovery, located at:
117 W 29th St, New York, NY 10001
Please carefully review these Terms of Service before submitting your request for data recovery services. Submission of a data recovery case implies acceptance of these terms. RaidDataRecovery reserves the right to amend these terms at any time without prior notice.
Evaluation Process
The initial diagnostic evaluation provided by RaidDataRecovery is free of charge for most standard data recovery cases. This process allows us to assess the likelihood of successful data recovery and determine the technical requirements (such as labor, parts, or cleanroom access) needed to perform the service. Based on this evaluation, we will provide a detailed, no-obligation quote.
In certain advanced or emergency cases – such as multi-drive RAID, encrypted or severely damaged media – a non-refundable service attempt fee may be required. If applicable, this will be clearly communicated in advance and must be authorized by the customer before work begins.
If a customer chooses not to proceed after receiving a quote and has not shipped the device to our lab, no charges will be applied. However, once the device is received at our facility or a provided shipping label has been used, the case will be processed according to the approved terms.
Service Quote and Authorization
Upon receiving and accepting the service quote, the customer must electronically sign it and provide valid payment information to authorize the data recovery process.
While RaidDataRecovery strives to meet estimated turnaround times, unexpected technical challenges inherent in data recovery procedures may require additional time. By accepting these Terms of Service, the customer acknowledges and consents to potential delays beyond the initially provided estimate.
Costs associated with data recovery do not include expenses for new data storage media used for returning recovered data, which will be quoted separately. When feasible, and provided data size constraints are met, recovered data may be offered through Secure Cloud Storage.
Customers are responsible for ensuring the correct media is submitted. RaidDataRecovery accepts no liability for errors in submitted media. Should an incorrect storage device be provided, authorization granted, and services completed, the customer will be billed for the completed authorized services. Additional recovery conditions will be specified and agreed upon in a separate document signed by the customer.
Completed Recovery Service
RaidDataRecovery will employ every feasible method to recover data from the provided storage media. Upon successful recovery, customers will be notified via email to schedule a verification session. Further specifics regarding completed recovery services will be detailed in a separate document signed by the customer.
Data Delivery Options
Recovered data will only be released after all service-related fees, including recovery fees, new storage device costs, and shipping fees, are paid. Customers have two options for receiving their recovered data: (1) RaidDataRecovery can provide secure temporary cloud access for downloading the data, or (2) recovered data can be returned on a new external hard drive, subject to an additional charge. Returned media will be encrypted by default to ensure data security during shipping. Additional terms regarding data delivery will be outlined and agreed upon separately.
Unsuccessful Recovery Efforts
If recovery efforts are unsuccessful and data is determined unrecoverable, RaidDataRecovery will inform the customer promptly. No recovery service fees will be charged in such cases. However, the customer will still be responsible for return shipping and handling expenses.
Return of Original Media
Upon request, RaidDataRecovery will return your original storage device. Shipping costs for return of the original media will be charged to the customer.
Please avoid sending accessories such as USB cables or original packaging. All accessories and packaging materials received will be disposed of during the evaluation process.
You acknowledge that certain devices (e.g., iMacs) might sustain damage during the evaluation or recovery process, potentially rendering them unusable. Such devices may not be returned.
Disposal of Abandoned Storage Media
Any storage media left unclaimed at RaidDataRecovery’s premises without customer communication for more than 30 days will be securely disposed of, reused, or recycled. RaidDataRecovery will have no further confidentiality obligations regarding such media. Customers may request a Certificate of Destruction.
Service Limitations
You, as the legal owner of the device submitted for recovery, understand that successful data recovery cannot be guaranteed. RaidDataRecovery commits to employing all reasonable and technically feasible methods to recover your data but makes no promise of recovery outcomes. Devices such as hard drives, flash drives, memory cards, or mobile phones may fail or become unrecoverable at any stage of the recovery process. RaidDataRecovery holds no liability for such occurrences.
Terms of Payment and Payment Plans
Customers must provide a valid payment method. RaidDataRecovery does not require upfront payments for the recovery process and accepts various payment options, including flexible payment plans. Detailed payment terms will be specified in a separate document signed by the customer.
Refund Policy
Evaluation fees are refundable if the customer decides not to send the device to our lab, provided a refund request is submitted within three business days. If the device is shipped to our facility or a provided shipping label is utilized, evaluation fees become non-refundable. Once the recovery results have been remotely verified by the customer, no refunds will be issued.
Taxes
RaidDataRecovery will withhold taxes where legally required.
Authorization
By shipping your storage device to RaidDataRecovery, you explicitly authorize our company, employees, independent contractors, agents, and partners to handle, inspect, evaluate, attempt data recovery, and process your storage device
Legal Rights
Submitting a data recovery request to RaidDataRecovery confirms that you are of legal age in your jurisdiction and are either the legal owner or authorized representative of the owner of the device and data submitted. You warrant that:
- The submitted storage media and its data are legally owned or authorized for use.
- You have the right to utilize RaidDataRecovery’s recovery services.
- You have the authority to receive the recovered data.
- You accept these Terms of Service.
You agree to defend and indemnify RaidDataRecovery and its employees against any claims or legal actions related to the storage device, equipment, data, or your authority to manage them.
Confidentiality
RaidDataRecovery places the highest priority on maintaining the confidentiality of your private data and recovered information. We guarantee protection against unauthorized access, except as legally required, and assure your data is only used strictly for recovery purposes.
Disclaimer
RaidDataRecovery and its employees, engineers, directors, and representatives provide data recovery services “as is,” without any explicit warranties or guarantees regarding service outcomes. All recovery attempts are performed at your own risk, recognizing inherent risks and potential faults.
Limitation of Liability
You acknowledge that the data storage device provided to RaidDataRecovery is already damaged before receipt. RaidDataRecovery shall not be liable for claims related to transportation, packaging, damage, physical condition, or data integrity of the device before, during, or after data recovery procedures unless explicitly proven to have intentionally caused harm. To the fullest extent permitted by law, this limitation applies to all damages, regardless of prior notification of possible harm or loss. Liability for data recovery services, including negligence, will not exceed the total fees paid by the customer for services rendered. RaidDataRecovery and its employees, agents, directors, and contractors shall not be liable for loss of data, device damage, loss of profit or revenue, or any indirect, special, incidental, or consequential damages resulting from service provision. Prices reflect this risk allocation, and additional liability would result in higher service fees. You accept responsibility for all inherent risks, including potential data loss or device damage during the recovery process.
Transportation and Shipping
The transportation of data storage devices to and from RaidDataRecovery may be handled either by the customer or third-party courier services. RaidDataRecovery assumes no responsibility for devices damaged during shipping or while in transit. Customers may request and purchase insurance from couriers for additional protection. Special packaging requests and insurance requirements must be provided in writing by the customer.
RaidDataRecovery will use appropriate packaging when returning devices and will declare the estimated physical value of the device for shipping purposes. In case of loss or damage during shipping, compensation claims may be filed directly with the courier. RaidDataRecovery is not responsible for denied claims and completed service fees remain payable.
Personal Data
You agree to provide accurate personal information when submitting a data recovery request through our online forms, including name, address, contact details, and payment information. It is your responsibility to promptly update any changes to your information. You authorize RaidDataRecovery to contact you via the provided methods regarding your service request. RaidDataRecovery is not liable for issues arising from incorrect or outdated personal data provided by customers.
Compliance with Laws
Customers agree to comply with all applicable laws and regulations related to their use of RaidDataRecovery services and this website. RaidDataRecovery reserves the right to report legal violations to authorities and conduct independent investigations into any misuse or breach of terms. Customers are obligated to cooperate with any such investigations and understand potential penalties or civil liabilities may result from confirmed violations.
International Trade Law
All RaidDataRecovery services and usage of this website are subject to U.S. customs and export control laws and regulations. RaidDataRecovery retains the right to refuse data recovery services or the return of storage devices that are determined to be in violation of applicable laws.
Settlement of Disputes
Any dispute arising from or related to these Terms, including issues concerning their breach, termination, interpretation, validity, or execution, shall be addressed through the following procedures:
А. Negotiation
Upon notification of a dispute, involved parties must attempt resolution through direct negotiation by authorized representatives within 30 days.
B. Mediation
Should negotiations fail, the parties agree to enter mediation. A “Notice of Mediation” must be served to initiate this process. Both parties shall jointly select a mediator within 14 days. If the parties fail to agree on a mediator within this timeframe, a neutral mediation service provider in New York City will appoint one. The mediation session should commence within 45 days from the mediator’s selection and last at least one full day before either party may withdraw. Mediation may extend beyond one day upon mutual agreement until resolution or until a mediator determines an impasse. Costs of mediation are to be shared equally by the parties unless otherwise agreed. All mediation discussions and communications are confidential and treated as settlement negotiations under applicable evidence rules.
C. Arbitration
Disputes unresolved by negotiation or mediation will proceed to binding arbitration governed by the arbitration rules of New York City. Arbitration proceedings shall occur in New York City, with a single arbitrator, except in cases involving claims exceeding one million dollars (USD), where a panel of three neutral arbitrators will preside. Arbitrators may award legal costs and attorney’s fees to the prevailing party. By agreeing to arbitration, both parties waive rights to alternative dispute resolutions, such as court litigation or administrative proceedings.
Assignment
Customers may not assign or transfer their rights under these Terms without prior written consent from RaidDataRecovery. RaidDataRecovery reserves the right to assign or delegate its rights and responsibilities, in whole or in part, without customer consent, provided written notice is given.