By requesting or purchasing our services, you (“you”, “your” or “Customer”) agree to these Terms & Conditions.
1. Our ServicesDataRegain provides professional data recovery services for storage devices including, but not limited to: Internal and external hard disk drives (HDD) Solid-state drives (SSD) NVMe drives USB flash drives SD and memory cards Laptop and desktop storage Other compatible digital storage devicesOur objective is to recover usable data from your device where technically possible.Data recovery cannot be guaranteed. Every device and failure is different, and some or all data may be permanently inaccessible.We will carry out our services with reasonable care and skill, subject to applicable consumer law.
2. No Data, No FeeWhere your quotation or order confirmation specifically states that the No Data, No Fee policy applies, the following applies:If DataRegain is unable to recover any usable data from your device, you will not be charged the agreed data recovery service fee.This does not mean that every file, photograph, document or other item of data will necessarily be recovered.If we successfully recover usable data, the agreed recovery service fee becomes payable, even where some files are missing, corrupted or cannot be opened.The No Data, No Fee policy does not cover separately agreed expenses, including: Return postage or courier charges Express or specialist shipping Replacement storage media Storage devices purchased at your request Specialist third-party laboratory charges approved by you Other expenses expressly agreed with you in advanceWhere applicable, these charges will be clearly identified before they are incurred.
3. Diagnostic AssessmentWhere offered, DataRegain may provide an initial diagnostic assessment without charge.The assessment may include examination and testing to determine: Whether the device is accessible The likely cause of failure The type of recovery required The apparent condition of the device Whether recovery appears technically possible The estimated cost and timescaleA diagnostic assessment is not a guarantee that data can be recovered.We reserve the right to decline a recovery where we reasonably believe that proceeding would create an unacceptable risk of further damage or where the recovery is not technically viable.
4. Recovery Quote and AuthorisationFollowing assessment, we may provide you with a recovery quotation.The quotation will explain the proposed recovery service and applicable charges.We will not carry out additional chargeable work outside the agreed service without obtaining your approval, unless otherwise expressly agreed.If you decline a quotation, we may arrange return of your device. Any applicable return delivery charges will be explained to you beforehand.
5. Your ResponsibilitiesYou confirm that: You own the device or have permission from its owner to request recovery services. You are legally entitled to access the data stored on the device. You have authority to provide the device to DataRegain. You are not asking DataRegain to access or recover data unlawfully.You remain responsible for ensuring that your use of our services does not infringe the rights of another person.
6. Confidentiality and Data SecurityWe understand that devices submitted for recovery may contain private photographs, videos, documents, financial information and other confidential material.DataRegain will take reasonable technical and organisational measures to protect data accessed during the recovery process.We will only access, copy or process data to the extent reasonably necessary to: Diagnose the device Perform the recovery Verify recovered data Transfer recovered data to you Provide support relating to the recoveryWe will not intentionally sell, disclose or use your recovered data for unrelated purposes.Where specialist third-party facilities are required, your device or relevant data may need to be transferred to that provider to complete the recovery. We will take reasonable steps to ensure appropriate confidentiality and security arrangements are in place.Personal data is subject to applicable UK data protection law. The ICO’s guidance states that organisations should use appropriate technical and organisational measures to protect personal data and should not retain it longer than necessary.
7. Data RetentionFollowing completion of a recovery, DataRegain will retain recovered data only for as long as reasonably necessary to allow you to receive and verify the recovered files.Unless otherwise agreed in writing, our standard retention period will be 30 days from completion of the recovery.After this period, recovered data may be permanently deleted.You are responsible for ensuring that you receive and securely store your recovered data before the retention period expires.We recommend maintaining multiple backups of important recovered data.
8. Replacement StorageIf you request recovered data to be supplied on a new hard drive, SSD, USB drive or other storage device, the cost of that storage device will be charged separately unless included in your quotation.The storage device supplied will become your property once payment has been made.
9. Shipping and DeliveryUnless otherwise agreed, you are responsible for sending your device to DataRegain.We recommend using appropriate protective packaging and a tracked delivery service.You are responsible for ensuring that the device is adequately packaged before sending it to us.DataRegain will take reasonable care of your device once it has been received.Following completion of the service, your device and/or recovered data will be returned using the delivery method agreed with you.
10. Previously Damaged or Repaired DevicesYou must inform us if your device has previously been: Opened or disassembled Repaired Subjected to data recovery attempts Used with recovery software Modified Damaged during previous recovery attemptsPrevious attempts to access or repair a failed storage device may reduce the likelihood of successful recovery.
11. Risk During RecoverySome failed storage devices are unstable and may deteriorate during examination or recovery.Although we will take reasonable care, we cannot guarantee that a damaged device will remain in exactly the same condition throughout the recovery process.If a device fails completely during recovery, DataRegain will not be liable for data that was already inaccessible or that becomes inaccessible as a result of the inherent condition of the failed device, subject always to your statutory rights and our obligation to provide services with reasonable care and skill.We strongly recommend that you stop using a failing device and avoid repeatedly powering it on or attempting recovery software before professional assessment.
12. Recovery TimesAny estimated recovery time provided by DataRegain is an estimate and is not a guarantee unless expressly stated otherwise in writing.Standard recoveries may take several working days.Complex physical, SSD, RAID or specialist recoveries may take considerably longer.Emergency recovery services may be available at an additional charge, subject to availability.Delays caused by courier services, specialist laboratories, replacement parts or circumstances outside our reasonable control will not constitute a breach of these Terms.
13. PaymentUnless otherwise agreed, payment becomes due when the agreed recovery has been successfully completed and the recovered data has been made available to you.Payment methods accepted by DataRegain will be displayed on our website or communicated to you before payment is requested.Where payment remains outstanding, we may delay release or delivery of recovered data to the extent permitted by law.
14. Cancellation RightsIf you are a consumer entering into a contract with DataRegain online, by telephone or through another distance-selling method, you may have a statutory right to cancel the contract within the applicable cancellation period.Nothing in these Terms removes or restricts your statutory consumer rights.If you ask DataRegain to begin providing the recovery service before the end of an applicable cancellation period, we may require your express request and acknowledgement before starting work.Where applicable law provides that the cancellation right ends following full performance of the service, we will provide the information and obtain the acknowledgement required by law.The Consumer Contracts Regulations provide cancellation rights for many distance and off-premises contracts, subject to applicable exceptions and requirements.
15. Your Consumer RightsNothing in these Terms affects your statutory rights.Where you are a consumer, DataRegain will provide services in accordance with applicable UK consumer protection legislation.In particular, services are required to be performed with reasonable care and skill, and contractual terms cannot exclude certain statutory protections.
16. Limitation of LiabilityDataRegain will take reasonable care of your device while it is in our possession.Subject to your statutory rights and applicable law, DataRegain will not be responsible for: Data that was permanently inaccessible before the device was received by us Loss resulting from the inherent condition or failure of a damaged storage device Damage caused by inadequate packaging before receipt Loss resulting from inaccurate or incomplete information supplied by you Loss caused by third-party courier services Consequential or indirect business losses where such limitation is permitted by lawNothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot legally be excluded or restricted.
17. Liability LimitSubject to applicable law and your statutory consumer rights, DataRegain’s total liability arising from a recovery service will not exceed the amount paid by you for that recovery service.This limitation does not apply where the law does not permit such a limitation.
18. Abandoned DevicesIf we have completed the recovery and you fail to respond to reasonable attempts to contact you for 90 days, we may treat the device as abandoned, subject to applicable law.We will make reasonable attempts to contact you before taking any disposal action.Where legally permitted, reasonable storage, handling or disposal costs may apply.Any personal data retained by us will be handled in accordance with our data retention and privacy procedures.
19. Ownership of Recovered DataYou retain ownership of your data.Providing recovery services does not transfer ownership of your photographs, videos, documents or other files to DataRegain.DataRegain does not acquire any ownership rights in your recovered data.
20. Third-Party Recovery SpecialistsSome advanced recoveries may require specialist equipment, facilities or expertise.Where necessary, DataRegain may use an appropriate third-party specialist.Where additional charges will apply, we will seek your approval before incurring those charges.
21. ComplaintsIf you are unhappy with any aspect of our service, please contact us first so that we can investigate and attempt to resolve the matter.DataRegain
We aim to respond to complaints promptly and fairly.
22. Governing LawThese Terms are governed by the laws of England and Wales.If you are a consumer, you will retain any mandatory consumer protections applicable in the part of the United Kingdom in which you live.
23. Changes to These TermsDataRegain may update these Terms from time to time.The version applicable to your recovery will normally be the version in force when your order is accepted, unless a change is required by law or otherwise agreed with you.