Terms & Conditions
Website Usage
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Ultimate Data Recovery’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term 'Ultimate Data Recovery ' or 'UDR' or 'us' or 'we' refers to the owner of this website.
The term 'you' or 'Customer' refers to the user or viewer of this website.
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
Data Recovery Services
Engagement
Customer engages UDR to inspect, evaluate, and and/or retrieve, or minimise the damage to, the equipment/data/media; and/or provide other services as may be requested by Customer from time to time.
Customer accepts that all timescales quoted by UDR are estimates and may be subject to delays caused by circumstances including but not limited to severe damage to the media, sourcing of parts, awaiting response from Customer, weather conditions, industrial action and staff illness. UDR shall not be held responsible for such delays and the effect they may have on any quoted timescale. No refund shall become due or be offered as a result of such delays.
Confidentiality
UDR will use any information contained in the data, media and/or equipment provided to UDR by Customer ("Customer Information") only for the purpose of fulfilling the Engagement, and will otherwise hold such Customer Information in the strictest confidence. Any confidential information disclosed by Customer under this agreement will remain the owner's sole property, and UDR shall employ reasonable measures to prevent the unauthorised use of Customer Information, which measures shall not be less than those measures employed by UDR in protecting its own confidential information. UDR will not disclose Confidential Information except to employees or consultants reasonably requiring such information (and who have secrecy obligations to UDR) and not to any other party except as required by law. UDR will employ appropriate technical and organisational measures to safeguard any Customer Information, including personal data, and will act only on the instruction of the Customer with respect to such information. Customer hereby agrees to the transfer of information to UDR's affiliates and suppliers worldwide as needed for the sole purpose of performing the engagement.
Charges & Refunds
Customer agrees to pay UDR all sums authorised from time to time by Customer, which will typically include charges for UDR services, reasonable travel and per diem expenses for on-site work, shipping and insurance (both ways), and actual expenses, if any, for parts, media, and/or off-the-shelf software used in the Engagement. Unless otherwise agreed to in advance by UDR, all such sums are due and payable in advance by credit or debit card.
UDR does not charge an assessment fee for running a diagnostic on Customer's media. In the event that Customer is provided by UDR with one or more recovery options, following the free assessment, and should Customer opt not to proceed with any of these options, a fee of £29 will become due should Customer wish to have the media returned. Additional fees may apply if Customer is based outside the UK. If Customer does not want the media returned this fee does not apply and the media will be securely recycled.
In the event that Customer is informed by UDR that recovery of the media will not be possible, following the free assessment, a fee of £29 will become due should Customer wish to have the media returned. Additional fees may apply if Customer is based outside the UK. If Customer does not want the media returned this fee does not apply and the media will be securely recycled.
Where refunds become due UDR will endeavour to process such refunds within 28 days of the date of approval by UDR. UDR shall not be held responsible for delays to the processing of refunds which are outside its control, nor shall UDR be in any way liable for losses experienced or charges incurred by Customer as a result of such delays.
A fee may apply in cases where UDR is required by Customer to remove media from a device such as a laptop or digital camera, such fees must be approved by Customer via email before the work will be undertaken.
A non-refundable assessment fee may apply in cases where certain media is provided for recovery on a 'best endeavour' basis, such as optical media and mobile devices. Such fees must be approved by Customer via email before the work will be undertaken.
In cases where Customer cancels because the amount of time that has passed is deemed not to be acceptable, or because Customer no longer wishes to continue for any other reason, UDR reserves the right to deduct an admin fee from any fees refunded to Customer. This fee will be at the discretion of UDR and judged on a per-case basis, up to a maximum of 100% of hate amount paid or due by Customer.
When recovered data is returned to Customer, UDR retains a copy of such data for five working days. It is the responsibility of Customer to raise any queries relating to the recovered data within this time, no discussion will be entered into regarding such data after this time and no liability for missing or incomplete data will be accepted by UDR or refunds given after this time.
Parts
UDR makes no additional charge to Customer for any parts used in the repair and recovery process, if such parts are available from UDR's internal stock. In the event that such parts are not available from stock UDR shall undertake to source and procure them at reasonable cost and Customer will be the bearer of this cost. Any such costs must be approved and paid by Customer before parts are ordered.
Pre-Assessed Media
In cases where media has been previously internally inspected, whether inside or outside of a suitable clean environment, a contamination fee of £129 may apply, this fee must be approved and paid by customer before work continues.
Miscellaneous Works
Works other than repair of media and recovery of data from such media may be quoted by UDR if requested by Customer to do so, such works will be carried out on a 'best endeavour' basis subject to the information and resources provided by Customer in relation to these works. No refunds are available in relation to these works as they are quoted on a time cost basis. Such works include, but are not limited to, server rebuilds, recovery from RAID arrays where the configuration is not known, on-site installations and other works outside conventional recovery.
Consent
Any consent required of either party will be effective if provided in a commercially reasonable manner, which includes without limitation, verbal authorisation if followed by written confirmation by UDR at the earliest possible opportunity, and/or email.
Acknowledgment of Existing Conditions
Customer acknowledges that the equipment/data/media may be damaged prior to UDR receipt, and Customer further acknowledges that the efforts of UDR to complete the Engagement may result in the destruction of or further damage to the equipment/data/media. UDR regrets that it will not assume responsibility for additional damage that may occur to the Customer's equipment/data/media during UDR's efforts to complete the Engagement. In cases where UDR expects damage to occur as a result of gaining access to, for example, external hard drives, UDR shall undertake to request approval from Customer before proceeding.
UDR disposes of all unclaimed media on the fifth day following dispatch of the recovered data back to Customer. In cases where Customer has stated they do not wish to have the original media returned, it may be disposed of before 10 days has passed. In cases where Customer refuses to pay any or all outstanding fees and has stated so verbally, by email or in writing, media may be disposed of immediately and any outstanding fees may remain due.
Once an assessment report is posted online or sent by email, all fees quoted within this report are valid for a period of 10 days from that date. In cases where either approval to proceed or payment of the cancellation fee is not received within this 10 day period, a storage fee of £29 per month will be levied for a period of up to three months. This fee applies to each month, or part thereof, commencing the 11th day after posting of the assessment report. At the end of this three month period, any cancellation and storage fees will become due immediately and will be pursued, and any associated media may be recycled without notice.
Non Recovery Cases
Where UDR has been unable to recover data from supplied media, Customer is assured that all reasonable steps have been taken and that every effort has been made to achieve successful recovery. In such cases UDR is able to provide a report to Customer detailing the steps taken during the recovery attempt, for a fee of £79. Where requested to do so by Customer, UDR will undertake to return media relating to non-recovery cases to Customer within 10 days of notification of non-recovery, the media may be in a condition other than that in which is was supplied if it has been necessary to open or modify it for the purposes of the recovery attempt. A charge of £29 per item applies for return of original media.
DISCLAIMER
UDR MAKES, AND CUSTOMER RECEIVES, NO WARRANTIES OR CONDITIONS FOR ANY GOOD OR SERVICE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH CUSTOMER, AND UDR SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ARISING FROM USAGE OF TRADE OR COURSE OF DEALING OR PERFORMANCE.
Limitation of Liability and Limitation of Damages
In no event will UDR be liable for any indirect damages whatsoever. The total liability of UDR to Customer under this Agreement shall in no event exceed the total sums paid by Customer to UDR.
Customer’s Representation and Indemnification
Customer warrants to UDR that it is the owner of, and/or has the right to be in possession of, all equipment/data/media furnished to UDR, and that its collection, possession, processing and transfer of such equipment/data/media is in compliance with data protection laws to which Customer is subject; and Customer will defend, at its expense, indemnify, and hold UDR harmless against any damages or expenses that may occur (including reasonable legal fees), and pay any cost, damages, or legal fees awarded against UDR resulting from Customer’s breach of this section.
Miscellaneous
The parties agree that this Agreement shall be governed by English Law in every particular including formation and interpretation and shall be deemed to have been made in England. The parties agree that if any provision of this Agreement is held unenforceable, the validity of the remaining portions or provisions of the Agreement shall not be affected. Any revision or modification of this Agreement shall be effective only if it refers to this Agreement, is in writing, and is signed by an authorised representative of each party. Facsimile signatures for this Agreement and any subsequent exhibits are effective to bind the signing party and admissible in any court and/or for any lawful purpose. This Agreement, together with any exhibits or other attachments, constitutes the entire Agreement between the parties in relation to this subject matter. No provisions in either party’s purchase orders or in any other standard business forms employed by either party will apply even if accepted by the other party.
Reputation & Brand Protection
UDR and its owners will not tolerate the posting of slanderous, inaccurate or in any other way damaging material relating to its brand and/or reputation. Any Customer, competitor or other individual or organisation found or reported to be acting in such a way will be prosecuted. Details of UDR's complaints procedure can be found within this document, and it is agreed that Customer shall make use of this procedure in relation to any such disputes. UDR agrees to work with Customer towards the timely and mutually acceptable resolution of any such dispute.
Complaints Procedure
In the event of a dispute, Customer should contact UDR's complaints department by email at complaints@ultimatedatarecovery.co.uk, please ensure that you include your case reference and as much detail as possible.
All complaints will be responded to within 28 days of receipt.
Privacy Policy
This privacy policy sets out how UDR uses and protects any information provided by its customers.
UDR is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
UDR may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy version is effective from 3rd January 2012.
What we collect
We may collect the following information:
- name, company name and title
- contact information including email address
- demographic information such as postcode, preferences and interests
- other information relevant to customer surveys and/or offers
- IP address used when enquiring or registering via the UDR website
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping;
- Improvement of our products and services;
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided;
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone or mail. We may use the information to customise the website according to your interests.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
How we use cookies
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
- whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
- if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at team@ultimatedatarecovery.co.uk
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
If you believe that any information we are holding on you is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any information found to be incorrect.