The following terms and conditions regulate your request, purchase, or receipt of data recovery services provided and delivered by PITS Global LLC, doing business as “PITS Global Data Recovery Services” (hereinafter referred to as “PITS”, “we”, “us”, “our”, “laboratory”), with the offices at:
- 2424 Ocean Ave, Unit 1A, Brooklyn, NY 11229
-
3707 FM 1960 suite 103 Houston, TX 77068.
We encourage you to read our Terms and Conditions before submitting a data recovery case. After receiving a case submission under these terms, the company will designate the applicable representatives to perform the services. PITS Global Data Recovery Services reserves the right to make changes to these terms at any time.
Evaluation Process
The purpose of the evaluation process is to understand the chances of data recovery and estimate the needed resources (engineers’ time, spare parts, etc.) to be used for the recovery process to provide an accurate quote to the customer.
These fees are upfront. Other fees may be applied for non-standard devices, and a customer is informed about any extra fee beforehand.
If the customer does not ship the device to the lab, the evaluation fees are refundable upon request within 3 working days. In case if a device was delivered to the lab, or a customer used the provided shipping label, the paid evaluation fee is not refundable.
Service Quote and Authorization of the Recovery Process
If you accept the cost and terms of the data recovery service stated in the service quote, you should electronically sign the service quote and submit credit card information to authorize the data recovery process.
Generally, the turnaround time is provided with the best of circumstances. However, due to the nature of the data recovery field, sometimes unpredictable circumstances, certain complications, and other technical problems may occur during the recovery operations and this may create a situation where more turnaround time is needed. By approving the Terms and Conditions, you automatically accept the possibility of such time estimate extensions.
Data recovery associated costs do not include a new return data storage device and will be separately quoted. Where possible and if the amount of data does not exceed the limit, recovered data will be available over Secure Cloud Storage.
The Customer should always make sure that the correct media is submitted. PITS does not take responsibility for the Customer’s error. If the Customer has sent an incorrect data storage device to PITS, authorized the data recovery services, and PITS has completed the service, the Customer will be charged for the cost of the authorized services.
If in the process of data recovery, you discover that the wrong data storage media has been submitted or you were able to obtain the data from a different source, there will be a cancellation fee, in the amount of 60% of the costs provided in the quote. This applied to the cases where the Customer decides to cancel the data recovery service after the quote is signed by the Customer and work has been started.
During the data recovery process if we see that the received data storage has any kind of data encryption or it is password protected, we will request you to provide us with the correct encryption key and/or password. It is needed to secure the best possible data recovery results. The Customer will have to provide this information within 3 (three) business days (ASAP, considering the agreed data recovery option) after PITS is authorized to start the data recovery service. If the Customer does not provide this information, PITS has authorization to process the agreed data recovery fee fully.
Completed Recovery Service
We will use all possible methods to recover all the recoverable data from your data storage device. If we can recover your data, we will send you an email to schedule a Customer file verification session. The Customer will have 5 (five) business days to review the recovered data and make payment after receiving an email notification about the completed data recovery process. Payment should be made in full before the release of recovered data. If the Customer does not respond to any communication within the next 5 (five) business days, PITS is authorized to process the payment in full and ship the data to the address provided by the Customer.
Verification process for the recovered data from NVR/DVR/CCTV devices is done via providing the file list to the Customer. The Customer has 3 (three) business days to review the provided file list. PITS will charge the default payment on file in the full amount agreed in the quote if the data recovery service is completed. If the data recovery process is completed, but the Customer is unable to find some files, it means the files do not exist in the provided data storage media or it is not possible to recover the files because of the damage. You accept that PITS is authorized to process the payment in full without any complications once the service is completed.
If the Customer needs the exact files, their exact names, file types, paths of these files, last modified dates should be provided in the end of this document. If any of this information (names, types, paths, last modified dates) is not provided in this document, PITS has authorization to charge the Customer the full data recovery service fee. The Customer understands that the service cannot be rejected as “unacceptable”, “uncompleted” if the Customer does not provide the required details about the necessary files.
Data Delivery Options for Recovered Data
We will not release your data to you until you pay for the services and related costs (including applicable service fees, new device costs, and shipping costs). We offer two options to receive your recovered data; 1. We will establish and provide a temporary cloud account under which your recovered data will be available to you to download within 30 (thirty) days if the data size does not exceed 100GB; or (2) we will return your data to you on a brand-new external hard drive. An additional charge will apply for a brand new hard drive. The return media will be encrypted by default to ensure data security during the shipping process, excluding XFAT formatted devices. The key will be sent to the Customer by email or text.
The original copy of the recovered data is generally kept in our servers for ten (10) business days. The recovered data should be carefully checked and confirmed by the Customer. PITS holds the right to delete the delivered data recovery cases from its servers at any time.
If the Customer wants the data storage devices’ clones, the additional service fee equal to the 50% of the selected data recovery service option is applied to the Customer.
Unsuccessful Recovery Effort
In the event, that data recovery from your submitted device is unrecoverable, we will inform you accordingly and will not charge you for the services provided. The return shipping and handling costs are excluded.
Return of Original Media
Upon request, the original device can be returned to you. You will be charged for the return shipment cost.
We ask you not to send USB cables or any other accessories with your devices. All media enclosures, cables, and original boxes are removed during the device evaluation process and are utilized.
Disposal of Abandoned Storage Media
Any data storage device left in our premises without any communication from the Customer side will be disposed of, reused, or recycled after 30 days; and you release PITS from any obligation of confidentiality related issues.
Service Limitations
You (the legal owner of the submitted storage device) understand that data recovery cannot be guaranteed. Every reasonable effort will be made to make it, and we do not promise any results. Also, you understand and acknowledge that a hard drive, flash drive, memory card, or mobile phone may fail/may render data unrecoverable at any attempt and time even while in possession of PITS data recovery engineers. Under no circumstances, PITS takes any responsibility for such events.
Terms of Payment
We will not release your data to you until you pay for the services and related costs (applicable service fees, new device costs, and shipping costs). You acknowledge that payment shall be made by credit card and/or other specified payment methods acceptable to PITS. You understand that where payment is made by payment cards, such payments are subject to the approval of the banks issuing those cards, and therefore, PITS shall not hold any responsibility if any of the banks issuing payment cards refuse to accept your payment methods, cards since we have no control over. The Customer agrees that PITS has authorization to use any and all payment methods provided by the Customer without any limits to charge the full amount for the data recovery service.
A valid payment method (credit card or other methods) should be provided in order to process the payment. If PITS would not be able to charge the provided account for more than 60 days, the balance due will be submitted to the collection and accrue 40% in collection fees and 3% per month in interest, and/or legal fees may be added to the total payment due. PITS has authorization to charge a Customer’s any and all payment methods provided by the Customer and saved in the payment system if a Customer declines paying for the completed services or does not respond to our communication.
Payment Plans
PITS can submit a PayPal invoice to the Customer if requested. The Customer will be able to make partial payments through the PayPal account. PITS will not be liable for any third-party financing service and their decisions to accept or decline your request for financing.
Refunds
Due to the nature of data recovery, once results have been checked, approved, and delivered to a Customer, no returns or refunds can be processed.
Taxes
You accept that PITS shall withhold all taxes where it is necessary and required by law.
Authorization
Upon shipping your data storage device to PITS, you automatically authorize PITS and its employees, its independent contractors, agents, and delegates to receive and transport the device (sent for data recovery), conduct inspection, evaluation, data checking, recovery attempts and processing of each data storage device.
Legal Rights
By submitting a new data recovery case, you represent and warrant to PITS that you are of the legal age of majority in your state or country of residence. You also warrant that you are the legitimate owner or the authorized representative of the legal owner of the submitted device and/or data. Besides, you warrant that the data on the given device is legal and that you have all the legal rights:
– to send us the storage media and data;
– to have the data recovered using the services PITS provides;
– to receive the recovered data;
– to agree to these terms & conditions.
The legal owner or the authorized representative of the legal owner of the submitted device will defend and indemnify PITS and its employees from any claims or legal actions relating to the submitted storage device or equipment or data, or your rights or lack of rights to that.
Confidentiality
Protecting the data confidentiality of your private information and/or recovered data is paramount. Hereby, we confirm that will protect the confidentiality of your data against unauthorized access, except as required by law, and will use your submitted storage device, confidential data for no purpose other than data recovery.
Disclaimer
PITS, its employees, engineers, directors, and officers make no express warranties, guarantees, representations, conditions regarding the provided data recovery services or their outcome. All data recovery attempts are performed as is with all expected faults, at your sole risk.
Limitation of Liability
The Customer acknowledges that the data storage device is already damaged prior to the receipt by PITS. PITS will not be liable for any claims regarding the transportation, packaging, damages, physical functioning of the storage device, equipment or to the condition or existence of data on the data storage device supplied before, during, or after the data recovery services unless you prove that we caused damages intentionally. To the maximum extent permitted by applicable law, this disclaimer shall apply to all damages, regardless of PITS has advised of the possibility of harms or loss to persons or property. Our liability of any kind with respect to the data recovery services, including any negligence on its part, shall be limited to the total amount paid by the Customer for the services provided. In no event, will PITS or its contractors, officers, directors, employees be liable for any loss of data, damage to the device, loss of revenue or profit, indirect, special, incidental, or any other consequence of the service provided. The sole purpose of this limitation is to limit our liability for performing any kind of data recovery services, and the allocation of risk is reflected in our data recovery prices. You acknowledge and agree that the price of the exclusive services upon your approval can be higher if we undertook more liability. You also understand that you are aware of the possible inherent risks of injury and property damage involved with data recovery. Without limitation, includes risks due to the destruction or damage to the storage device or data and inability to recover data and that such risk will be at your sole and entire responsibility.
Transportation of a data storage device may be made by the Customer, or third-party professional shipping couriers. PITS shall not be held liable for the state of the Customer’s data storage device nor for its transport to or from PITS laboratories, addresses provided by third-party professional shipping couriers or the Customer. The Customer reserves the right to request their storage devices and/or equipment to be insured by the shipping courier for additional cost. The Customer agrees to inform PITS in writing of special packaging requirements for the Customer’s data storage device and the requested insurance value of the Customer’s data storage device for transport.
When PITS ships the Customer’s data storage device, PITS uses the proper packaging and estimates the physical value of the Customer’s storage device for transport.
In the unlikely event of damage/loss of the data storage device, an insurance claim can be made against the professional shipping couriers. After the opened investigation, the Customer may be subject to a compensation upon the claim completion. PITS will not be held responsible for any claims denied by the courier and the Customer can not dispute the paid fee for the completed data recovery service.
Personal Data
During the course of the mediation, no party can assert the failure to fully comply with paragraph A, as a reason not to proceed or to delay the mediation. The service of the Notice of Mediation shall stay the running of any applicable statute of limitations regarding the Dispute until 30 days after the parties agree that the mediation is concluded, or the mediator issues a Notice of Impasse. Each side shall bear an equal share of the mediation costs unless the parties agree otherwise.
Compliance with Laws
As a Customer, you acknowledge and agree to comply with all laws, statutes, and regulations regarding your use of this website. PITS reserves all the rights to report all kinds of violations to law enforcement or other appropriate authorities. PITS reserves the right to conduct an independent investigation to determine the extent of the harm and motive, upon becoming aware of any facts that specific terms and/or conditions of this website have been somehow. You agree to cooperate in such an investigation takes place and understand that its results may be presented to law enforcement or other appropriate authorities, and you may be subject to penalty and civil liability.
International Trade Law
You understand that all the services provided through this website are subject to the customs and export control laws and regulations of the U.S. PITS reserves all the rights to refuse data recovery services or the return of any storage devices that have been determined to violate laws and regulations.
Settlement of Disputes
Any dispute arising out of or relating to this Agreement, including the alleged breach, termination, validity, interpretation, and performance thereof (“Dispute”) shall be resolved with the following procedures:
A. Negotiation
Upon written notice of any Dispute, the parties shall attempt to resolve it promptly by negotiation between executives who have authority to settle the Dispute and this process should be completed within 30 days (the “Negotiation”).
B. Mediation
If the dispute has not been resolved by negotiation in accordance with paragraph A, then the parties shall proceed to mediation unless the parties at the time of the dispute agree to a different time frame. A “Notice of Mediation” shall be served, signifying that the Negotiation was not successful and to
commence the mediation process. The parties shall agree on a mediator; however, if they cannot agree within 14 days then [then a local mediation service provider] shall appoint a mediator. The mediation session shall be held within 45 days of the retention of the mediator, and last for at least one full mediation day before any party has the option to withdraw from the process. The parties may agree to continue the mediation process beyond one day, until there is a settlement agreement, or one party [or the mediator] states that there is no reason to continue because of an impasse that cannot be overcome and sends a “notice of termination of mediation.” All reasonable efforts will be made to complete the mediation within 30 days of the first mediation session.
During the course of the mediation, no party can assert the failure to fully comply with paragraph A, as a reason not to proceed or to delay the mediation. The service of the Notice of Mediation shall stay the running of any applicable statute of limitations regarding the Dispute until 30 days after the parties agree that the mediation is concluded, or the mediator issues a Notice of Impasse. Each side shall bear an equal share of the mediation costs unless the parties agree otherwise.
All communications, both written and oral, during Phases A and B are confidential and shall be treated as settlement negotiations for purposes of applicable rules of evidence; however, documents generated in the ordinary course of business prior to the Dispute, that would otherwise be discoverable, do not become confidential simply because they are used in the Negotiation and/or Mediation process. The process shall be confidential based on terms acceptable to the mediator and/or mediation service provider.
C. Arbitration
Any Dispute not resolved through negotiation or mediation in accordance with paragraphs A and B shall be resolved by final and binding arbitration in accordance with the rules of New York City. The arbitration will be held in New York City using one arbitrator, unless the Dispute exceeds one million dollars (USA) in which case there shall be three neutral arbitrators, as a panel. The arbitrators may award costs and/or attorneys’ fees to the prevailing party. The parties understand that arbitration is final and binding and that they are waiving their rights to other resolution processes (such as court action or administrative proceeding).
Assignment
You agree that the present Terms cannot be assigned or transferred unless PITS gives its prior written approval. PITS has all the rights to assign or delegate all or some portion of its rights and obligations under mentioned terms without your approval but will provide you with a written notice if that event takes place.