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” (Company), with offices at 2424 Ocean Ave, Unit 1A, Brooklyn, NY 11229. Following receipt of 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. We encourage you to read our Terms and Conditions in full before the submission of a data recovery case.
Service Delivery Process
If you need data recovery services and looking forward to receiving such service, you can either send or bring the media to one of our locations in the United States for free and paid evaluation services. You can find a nearby drop-off location on our location sections.
Evaluation Process
All data storage devices should be evaluated to know the possibility of the data recovery process and the scope of work. The evaluation process is free of charge for all personal data storage devices, excluding enterprise data storage devices except expedited services. A free evaluation process may last up to 3 business days. For exceptional cases, in situations where we need more time for the examination, the customer will receive a written and verbal notification. There is a $199 non-refundable evaluation fee for the hard drives that have previously tampered with or lost their hermetic seals. The expedited evaluation fee is $95 and lasts for up to 8 (eight) business hours. These payments are upfront and non-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. We will charge you a credit card only after successful data recovery and customer file verification processes.
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 Term and Conditions, you automatically accept the possibility of such time estimate extensions.
Any costs associated with data recovery does not include a new return media price that will be used to return successfully recovered data. These kinds of additional costs 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.
There will be a certain cancellation fee, in the amount of 60% of the total cost provided in the quote that customer approved and signed, if in the process of data recovery you discover that the wrong media has been submitted. Unless otherwise agreed, this also applies to the cases where the client decides to halt the data recovery work after it is started but not finished.
The customer should always make sure that the correct media is submitted. In the event, where we see that the submitted media has any kind of encryption or it is password protected, we will request you to provide us with the correct encryption key and/or password. This information is required to proceed with data recovery process.
Successful Recovery
We will use all possible methods and put every effort to determine whether any data on your data storage device is recoverable. In case we can successfully recover your data, we will notify you by email address and phone number that you provided to us and arrange a remote file verification session over TeamViewer service. Once you verify and accept the data recovery result, we will send you the invoice and charge you at that time.
In case if you do not respond to our notifications about successful data recovery within the next (5) five business days since notification date, we will consider the data recovery successful, and we will charge your credit card in the full amount.
If you don’t specify the exact files or folders that need to be retrieved, the data recovery process will be considered successful even if any files on the data storage devices recovered. The full invoice amount will be charged.
Data Delivery Options for Recovered Data
We will not release your data to you until you have paid for the services and related costs (including applicable service fees, new device costs, and taxes). 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 thirty (30) 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 original copy of successfully recovered data is generally kept in our servers for 10 business days. The recovered data should be carefully checked and confirmed by the customer. PITS Global Data Recovery Services holds the right to delete the delivered data recovery cases from its servers at any time.
Unsuccessful Recovery Effort
In the event, where data recovery from your device is not possible, we will inform you accordingly and will not charge you for the services provided including return shipping costs.
Return of Original Media
Upon the request, the original device can be returned to you. You will not be charged for the return shipment cost. This does not apply to enclosures of external/portable hard drive devices. All hard media enclosures and cables are removed during the device evaluation process and are utilized.
Disposal of Abandoned Storage Media
Device, media, or data left with us without full payment after 60 days from the date of the storage media receipt will be disposed of, reused or recycled; and you release PITS Global Data Recovery Services from any obligations related to the device, media, and data left in our premises.
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 Global Data Recovery Services. Under no circumstances, PITS Global Data Recovery Services takes any responsibilities for such events.
Terms of Payment
Payment should be made in full before the release of successfully recovered data. You acknowledge that payment shall be made by credit card and/or other specified payment methods acceptable to PITS Global Data Recovery Services. 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 Global Data Recovery Services shall not hold any responsibility if any of the banks issuing payment cards refuses to accept your payment methods, cards for the reasons that we have no control over. Customer agrees that the full data recovery costs will be charged using the payment method PITS Global Data Recovery Services stated on file or other payment methods agreed by us.
A valid payment method (credit card or other methods) should be provided in order to process the payment. A $50 administration fee will be applied each month to the total amount due, in case the provided account remains default or the non-valid payment method is provided. If PITS Global Data Recovery Services 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.
Payment Plans / Paying in Increments
We offer payment plans to our customers. All available payment options can be discussed in advance. PITS Global Data Recovery Services may require guaranteed funds for certain cases as well.
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 Global Data Recovery Services shall withhold all taxes where it is necessary and required by law.
Authorization
Upon shipping your data storage device to PITS Global Data Recovery Services, you automatically authorize the company 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 Global Data Recovery Services that you are at 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 Global Data Recovery Services 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 Global Data Recovery Services 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 and security 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 Global Data Recovery Services, its employees, engineers, directors and officers make no express warranties, guarantees, and 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
PITS Global Data Recovery Services will not be liable for any claims regarding the damages, claims relating to the physical functioning of the storage device, equipment or to the condition or existence of data on the storage media 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 Global Data Recovery Services 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 Global Data Recovery Services 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 process. 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.
Personal Data
You accept that you (the legal owner or the authorized representative of the legal owner) provide correct information about you as requested by the online request submission form, including, your full name, e-mail address, address, telephone number and payment card information. You must maintain and promptly update your personal information (from now on Personal Data). You also accept that we may communicate through the communication options you provided in contact forms and we may send notifications to you regarding your cases. PITS Global Data Recovery Services shall have no legal responsibility associated with failures from your side to maintain correct Personal Data.
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 Global Data Recovery Services reserves all the rights to report all kind of violations to law enforcement or other appropriate authorities. PITS Global Data Recovery Services 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 Global Data Recovery Services 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 agreemeents, 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 Global Data Recovery Services gives its prior written approval. PITS Global Data Recovery Services 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.