Terms of Service

No Data - No Recovery Fee Guarantee

The Client will be able to specify critical data to be required during the recovery process. SDR will attempt to recover all the data as requested (circumstances permitting as specified in the diagnostic report). Upon completion of the recovery process, SDR will provide the Client with a file list of all recovered data as proof of completing the recovery process. The Client will have the ability to check the file list for any missing, corrupt, or otherwise damaged data. If SDR is unable to recover any working files as specified by the Client, SDR will make every reasonable effort to rectify the problem within the scope of the original work agreement. If that fails, SDR will not charge for the work.

No Hidden Charges

There are no hidden charges. All potential fees for the data recovery services are disclosed up front in a price quote for approval before the recovery job is carried out.

Specifically, upon completion of SDR's professional assessment of the Client's storage media, SDR will provide a quotation as to what the costs of the recommended data recovery procedures will be. The quotation may be provided in writing, electronically by email or verbally over the phone. All amounts are payable in USD. Donor parts, expedited or emergency fees, final destination transfer media and surcharges are separate from the data recovery fees.

If the Client then elects to proceed with the data recovery process, the Client will need to approve, authorize, and pay for, those services subject to a separate written Service Agreement, before SDR will perform any additional work. If the Client elects not to proceed with the data recovery process, the Client must request the storage media be returned and will be responsible for return shipping, handling and packaging costs accordingly.

Security, Confidentiality and Non-Disclosure:

SDR recognizes the importance of maintaining the confidentiality of client data and adheres to applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and any relevant provincial legislation.

All client data and storage media will be used solely for the purposes of fulfilling this service engagement. We will not disclose, share, or provide access to any third party except as required by applicable law or legal process, including court orders, warrants, or lawful requests from regulatory or law enforcement authorities.

Notwithstanding the above, if during the data recovery process SDR becomes aware of any data that is believed, in good faith, to constitute evidence of a serious criminal offence, including but not limited to the exploitation of children (as defined in section 163.1 of the Criminal Code), or where disclosure is required to prevent imminent harm or as otherwise required by law, SDR reserves the right to notify and cooperate with the appropriate authorities, subject to applicable legal thresholds and protections.

In such cases, only the minimum amount of data necessary to fulfill legal obligations will be disclosed. All other data will remain subject to our confidentiality obligations. We will make reasonable efforts to notify the Client of such disclosure unless prohibited by law or court order.

The Client's storage media or recovered data shall only be released to the Client or those parties specifically named in written instructions from the Client. Any parties not named therein cannot claim or be released the said storage media or recovered data. Authorized data release individuals may be added by contacting your Dedicated Account Representative and requesting the addition be notated in SDR's database.

Legal Testimony:

SDR provides technical data recovery services only and does not, as a matter of course, offer expert witness services, sworn affidavits, or legal testimony.

Where such services are requested in connection with legal proceedings, they may be considered on a case-by-case basis and are subject to a separate agreement and fee structure.

This clause does not affect the Client’s statutory or legal rights to compel testimony or evidence under applicable law or court order.

Transportation and Storage Media Liability:

The Client hereby authorizes SDR to receive and transport the Client's storage media to and from (or between) SDR's facilities, laboratories, and to the Client. Transportation of such storage media may be made by the Client, SDR or third-party professional shipping couriers and/or transportation providers. SDR shall not be liable for the state of the Client’s storage media nor for its transport to or from SDR’s facilities or laboratories provided by third-party professional shipping couriers or transportation providers. When SDR ships the Client's storage media, SDR ensures to make its best efforts in properly packaging and estimating the physical value of the Client's storage media for transport. The Client agrees to inform SDR in writing of special packaging requirements for the Client's storage media and the requested insurance value of the Client's storage media for transport.

Please Note: If the Client’s hard drive and/or storage media has a mechanical issue, SDR reserves the right to send out the customer media for an extensive repair to our secure lab locations and the customer is fully responsible for the shipping and handling costs (in excess of $37.95 per Storage Media for Standard sized box). Additional shipping and handling costs may apply for larger sizes or other special delivery requirements.

Unclaimed Property and Recovered Data:

Upon completion of the data recovery process, SDR will notify the Client and request confirmation regarding return or disposition of the recovered data and/or original media.

If the Client fails to respond or make arrangements for return delivery within 90 calendar days of such notification, SDR will provide a final written notice (by email and/or mail, if available) informing the Client of the intention to dispose of the media or data unless claimed within 30 additional days.

If no response is received by the end of that additional 30-day period, the Client will be deemed to have relinquished any proprietary or ownership interest in the unclaimed materials, and SDR may dispose of them in a secure manner. This clause will be applied in accordance with the Repair and Storage Liens Act (Ontario) and other applicable laws.

SDR may, with or without warning: (1) treat the case, the storage media, and any recovered data as voluntarily and knowingly abandoned by the Client, (2) dispose of the Client’s storage media and any recovered data without any liability to the Client therefore, and (3) fully and finally retain all amounts paid by the Client without any liability or refund.

Any claims regarding missing, corrupted or otherwise damaged data must be made in writing within five (5) business days of the Client’s receipt of the recovered data. A copy of the recovered data will remain on SDR's secure internal servers for five (5) business days, after which time the recovered data may be deleted from SDR's internal servers without notice.

Client Error & Misinformation:

The Client hereby represents, warrants, and affirms that all information furnished by the Client to SDR concerning the Client and the storage media is true and accurate. The Client hereby acknowledges that any false, inaccurate, or misleading information concerning the storage media may detrimentally affect SDR’s diagnostic and/or data recovery efforts. Initial pricing is provided based on the Client’s input and any misinformation or error provided by the Client to SDR may cause the recovery fees to change. The Client hereby agrees that SDR shall not be liable to the Client for the outcome of such efforts in the event that the Client has provided SDR with false, inaccurate, or misleading information about the storage media.

Such misinformation may include (but is not limited to) storage media from a RAID array, non-original components, undisclosed recovery attempts, databases, overwritten data, virtual machine environment, or server. If SDR, in its sole and complete discretion, determines that the Client has misinformed SDR about the state of the storage media (such as, by way of example only, when a rebuild has taken place, when a failed disk is taken back on-line, when a disk in a RAID set fails several days before the second disk, if not all media is provided or similar circumstances), the Client may be responsible for additional data recovery costs for completing the data recovery. Accordingly, please ensure that you (the Client) provide as much information as possible regarding the data loss scenario and relay this information to your Dedicated Account Representative.

If the Client incorrectly furnishes the wrong storage media to SDR, the Client will be responsible for: (1) the costs of any diagnostic and/or data recovery services performed by SDR; and (2) all return shipping and handling costs. Accordingly, please ensure that you (the Client) provide SDR with the correct storage media.

Final Payment Terms & Acknowledgements:

a. Partial Recovery: In the event that SDR was unable to successfully recover all storage media files that the Client wished to be recovered, SDR (in its sole and absolute discretion) may offer the Client a discount on the final payment amount. Whether or not such a discount is given, SDR shall have no further obligation to attempt to recover any files listed as non-recoverable. The Client acknowledges and understands that, despite SDR's best professional efforts, some files are too heavily damaged and/or corrupted to be recovered by SDR. Any future successful recovery of such files by a third-party company shall in no way effect the Client's obligation to pay the final payment amount under this Agreement.

b. Payment Method / Release of Recovered Data: For amounts greater than $3,000, the payment shall be made via cashier's check, ACH, or company or personal check or bank wire (credit cards will not be accepted for amounts greater than $3,000).

c. SDR will begin the process of releasing the recovered data to the Client immediately upon receiving confirmation of the receipt of payment.

d. The final payment may be made via company or personal check; however, SDR will not release the recovered data to the Client until that check has cleared or five (5) business days, whichever is greater.

e. Due Date / Overdue Obligations: The Client must pay the final payment amount to SDR within ten (10) business days of receiving notification from SDR of the final payment amount. If additional time is required, the Client should promptly contact SDR prior to the expiration of this 10-day time period to discuss whether an extension is possible. If the Client fails to make payment by the due date, SDR may dispose of the recovered data from the storage media. Overdue obligations in excess of 30 calendar days may be subjected to a 1.00% late fee or $20.00, whichever is greater, per month. Obligations delinquent more than 30 calendar days will result in forfeit of any and all discounts that may be applied.

f. Refunds: Except as otherwise required by applicable law, all payments made by the Client for data recovery services are non-refundable. This policy does not limit the Client’s rights under the Consumer Protection Act, 2002 (Ontario) or any other applicable legislation, which may entitle the Client to a refund or other remedy in certain circumstances, including but not limited to: material misrepresentation, non-performance of services, or failure to meet statutory warranties. In the event of a service dispute, SDR will work with the Client in good faith to resolve the matter and may, at its discretion, offer a refund or partial credit where warranted.

Severability:

If any provision of this Agreement is found to be invalid, that portion shall not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.

Nothing in these Agreement is intended to limit the rights of the Client under the Consumer Protection Act, 2002 (Ontario) or any other applicable legislation. In the event of a conflict between any term of these Agreement and applicable consumer protection laws, those laws shall prevail to the extent of the conflict.