By acquiring and/or utilizing the solutions provided by BitRecover Software, the Customer hereby consents to the subsequent terms and conditions:
1.1 Definitions
In these Terms & Conditions, the following definitions shall apply:
Customer: Refers to an individual, single trader, partnership, limited company, or public entity utilizing BitRecover solutions, including all BitRecover authorized channel partners.
Confidential Information: Encompasses any confidential data exchanged between the parties in connection with the solutions, regardless of its form, that both parties consider confidential.
Contract/Agreement: Denotes a legally binding contract between the Customer and BitRecover governed by the Terms outlined herein.
Data: Signifies electronically generated information stored and transmitted as electrical signals on various recording media. Excludes installed operating system files, application/software program files, default download folder files, data files under bad sectors, download history, and internet surfing history.
Data Recovery: Refers to the full or partial recovery/restoration of specific files and folders, as specified by the Customer in the Media Assessment Form (MAF), due to data loss caused by technological flaws, human error, or other factors. If specific files and folders are not specified in the MAF, the Customer must accept the recovered data as provided by BitRecover and bear the entire recovery cost.
Solution Costs: Represents charges for the solutions detailed in the Inspection Report/Quotation.
Inspection: Signifies the preliminary examination of the customer's storage media to assess the feasibility of data recovery.
Inspection Charges: Refers to fees paid by the Customer to BitRecover upon submitting the media for inspection.
Inspection Report: Comprises the official report or quote produced by BitRecover, evaluating the possibility of recovering specific data as described in the MAF, along with associated costs, timeframes, and the report's validity. The final outcome may differ from the Inspection Report, and the Customer agrees not to hold BitRecover responsible for any discrepancies.
Media: Encompasses a range of storage devices such as hard drives, USB flash drives, external hard drives, laptop hard drives, server hard drives, solid-state drives, and more, used for data recovery purposes.
Job ID: Denotes the unique identification number assigned by BitRecover to media received from the Customer, which must be used in all media-related communications.
Defects: Classifies flaws into three categories - Physical flaws (medium damage), Logical flaws (data issues), and Logical-cum-Physical defects (a combination of both).
Services: Covers a variety of offerings, including data recovery, data erasure, degaussing, data repair, data migration, data restoration, and password recovery services, among others.
Website: Refers to BitRecover's official website at https://www.bitrecover.com, and any other platforms used for business purposes.
Additional Storage Media: Denotes working and empty storage media with equal or greater capacity than that supplied by the Customer for collecting recovered data from BitRecover.
Spare Storage Media: Represents new/working storage media with similar technical specifications as the Customer's storage media, provided by the Customer to facilitate data recovery.
Order: Signifies any written or oral request by the Customer to BitRecover for Inspection, Data Recovery, or other solutions, with BitRecover proceeding upon receipt of payment and relevant documentation, adhering to the conditions agreed in the Inspection Report/Quotation.
2.1 Media Submission
After an initial consultation, Customers must personally submit their media to BitRecover for in-lab inspection. Alternatively, they may employ a third-party logistics provider at their own risk and expense. BitRecover may offer media pickup solutions, but in such cases, transportation issues, loss, or damage to the media are not BitRecover's responsibility.
2.2 Inspection Report
BitRecover will inspect the Customer's Media and provide an Inspection Report upon receiving non-refundable Inspection/Analysis costs and the Order. BitRecover reserves the right to forfeit inspection costs and may:
BitRecover's decision in this regard is final and binding on the Customer.
2.3 Customer Authorization
In some cases, BitRecover may require authorization or specific inputs from the Customer for Inspection, including user identities, passwords, access codes, and hardware configurations. Failure to provide such authorization or incomplete/incorrect input within 7 days may result in the loss of inspection costs.
2.4 Return of Media
If the Customer returns the media without allowing BitRecover to perform the specified solutions in the Inspection Report, the report becomes null and void. Subsequent returns will be considered new cases.
2.5 Onsite Inspection
For onsite inspections, Customers must cover Inspection Charges and additional expenses, including travel, lodging, and shipping. BitRecover will provide an Inspection Report with solution details, charges, estimated time, and data recoverability percentages. Failure to specify required data in the MAF obligates the Customer to pay the solution charges outlined in the Inspection Report, accepting BitRecover's data recovery as final.
2.6 Order Placement
Upon receipt of the Inspection Report, Customers may:
The Order will be processed upon BitRecover's email confirmation of Customer approval, following the payment conditions outlined in the Inspection report.
BitRecover is dedicated to providing top-notch solutions while adhering to the following principles:
solution Delivery: We will offer our solutions in line with these Terms and Conditions, exercising commercially reasonable care and skill, provided you pay the Service Charges promptly.
Estimates: Any time and cost estimates provided for inspection reports are approximate and may change. BitRecover will keep you informed of any changes.
Customer Information: For certain solutions, we may require specific information from you, such as user names, passwords, or access codes. If you fail to provide this information promptly or if it's incomplete or inaccurate, BitRecover reserves the right to charge an additional fee for the extra work required. Failure to provide necessary information may result in delayed or incomplete solution delivery.
Termination: If you don't provide correct data, accurate information, or necessary requirements within 7 days of our request or according to the agreement, BitRecover has the right to terminate or dissolve the agreement, suspend its execution, and charge associated costs at our standard rates without obligation to provide the data.
Solution Interruption: BitRecover may temporarily stop its solutions for technical reasons, regulatory changes, or customer-requested modifications. Non-payment by the customer may also result in solution interruption.
BitRecover offers a range of solutions related to data recovery, including:
Inspection: We examine and inspect the media to determine the estimated recovery percentage, type of media damage, and feasibility of data recovery.
Data Recovery Process: After an order for data recovery is placed based on the inspection report, we retrieve, recover, and duplicate data. We then provide access to or return the data on additional storage media supplied by you.
Other/Additional Solutions: We may perform additional solutions as agreed upon in writing, subject to a fee.
Our solutions can be provided on-site (at your location) or off-site (remote online or at BitRecover In-Lab), depending on feasibility. On-site solutions may incur extra costs.
Data Retention: BitRecover will securely delete client data accessible to us after 7 days of receiving payment for a specific task, without prior notification.
Disclaimer: While we use authorized original equipment manufacturer fixes, we cannot guarantee that our solutions are covered by the manufacturer's warranty. Our execution of solutions does not guarantee success, data recovery, media usability, or any specific outcome.
BitRecover offers the aforementioned solutions on an onsite basis, i.e. Customer Site, and/or an offsite basis, i.e. Remote Online and BitRecover In-Lab, at its discretion, taking into consideration the feasibility. On-Site solutions, if any, will be subject to extra costs.
BitRecover shall securely delete the client data accessible with BitRecover after 7 days of receipt of payment for that specific task without informing the customer after performing any of the solutions listed above.
While BitRecover utilizes authorized original equipment manufacturer fixes, there is no assurance that the solutions will be covered by the original equipment manufacturer's warranty. Under no circumstances should our execution of the solutions be construed as a promise that the solutions will be successful, that all or any of the customer Data will be recovered or usable, that the Media will be usable, or that BitRecover will accomplish any other specific outcome.
If you, the Customer, commit a significant breach of the Contract, BitRecover may terminate the Contract with immediate effect after providing written notice. Failure to pay BitRecover's Service charges will also be considered a serious violation, which may result in service cessation.
You are responsible for any amounts owed to BitRecover after termination, which will become due immediately.
Customer will be liable for any amounts owed to BitRecover after termination, which will become due immediately.
By using our solutions, you acknowledge and agree to the following:
Our solutions are provided "as is," with no express or implied guarantees. We do not guarantee that our solutions will meet your specific needs or that they will be error-free, secure, timely, or uninterrupted.
Disclaimer of Warranties: We explicitly disclaim all warranties, whether stated, implied, or statutory, including any guarantee of title, accuracy, merchantability, fitness for a specific purpose, or non-infringement.
Data Authenticity: We do not guarantee the authenticity, accuracy, or suitability for use of the data we recover.
Estimates: Estimates provided in inspection reports are not guaranteed to be accurate and may change before billing.
Loss or Damage: BitRecover disclaims all liability for data, media, or equipment loss, damage, destruction, or corruption, whether physical or otherwise.
Transit and Service-Related Damage: We are not liable for any loss or damage to your media, data, or equipment during transit or due to our solutions unless it is caused by our negligence.
Limitation of Liability: Our total liability to you for any contract, whether in contract, tort, for breach of statutory duty, or otherwise, is limited to the solution charges paid for the particular job or the cost of the media, whichever is less.
Indirect or Consequential Loss: We are not liable for any indirect or consequential loss, including pecuniary loss, loss of data, business interruption, loss of profits, or loss of sales.
You agree to fully indemnify and hold BitRecover, its employees, associates, channel partners, and consultants harmless from any claims, costs, damages, losses, liabilities, expenses, demands, settlements, and judgments arising from your acts, inactions, or omissions related to our solutions.
Disclosure of Information: We may disclose confidential information, including customer data, as required by law or to comply with law enforcement authorities, governmental agencies, or court orders.
Data Confidentiality: We maintain the confidentiality of information provided by you and take reasonable precautions to prevent unauthorized disclosure.
Data Deletion: We will delete customer data beyond recovery within 7 working days upon receipt of solution payments.
Dispute Resolution: All disputes will be referred to a Sole Arbitrator appointed by BitRecover, with the decision being final and binding under the Arbitration and Conciliation Act, 1996.
Jurisdiction: Any disputes subject to arbitration will be under the exclusive jurisdiction of competent courts in Delhi, India.
Force Majeure: BitRecover is not liable for performance delays due to circumstances beyond our control.
Entire Agreement: These Terms constitute the entire agreement between you and BitRecover regarding our solutions, superseding any prior agreements.
Termination: Termination of these Terms does not affect any pre-existing obligations or liabilities.
Ownership of Material: You relinquish ownership of material left unclaimed for 60 days, and we ensure data confidentiality before disposing of it.
Certification: By using our solutions, you certify that you have read and understood these Terms and agree to be bound by them.
For questions or assistance, please use our Contact Form or get in touch with us via Contact Us
By continuing to use BitRecover's solutions, you acknowledge your acceptance of these Terms. We value your trust and look forward to assisting you with our data recovery services. Thank you for choosing BitRecover!