Terms & Conditions

 

Introduction

This page outlines the terms and conditions under which we conduct our business, they do not affect your statutory rights as a consumer.

1.       Glossary

  1. [We] means BitSafe Limited
  2. [Us] means BitSafe Limited
  3. [Client] means a person, company or any other organisation that offers BitSafe Limited any media or device containing media to BitSafe Limited for diagnostics, repair, recovery, and data wipe or physical destruction.
  4. [Work] any work carried out by us on client media.
  5. [Goods] Device, Media or component part.
  6. [Media] Any magnetic, electronic or optical medium upon which information is stored in digital format.
  7. [Data] Means any information, images, files stored on media in electronic or magnetic format.
  8. [Data Recovery] means; Recovery of or attempted Recovery of information stored as digital data on electronic or magnetic media.
  9. [Recovered Data] Means; the amount of information / data recovered from media submitted for Data Recovery. The amount of data recovered may not be the same amount of data originally stored on the media when submitted for recovery.
  10. [Data Wipe] Means; the total erasure of all data using software applications, or other methods such as Degaussing.
  11. [Physical Destruction] Means; the destruction of data storage media by the use of physical forces such as crushing.

 

2.       General Conditions

  1. We reserve the right not to start any work until client approval is given.
  2. We agree not to disclose any information or data stored on or recovered from client media except to employees or agents of BitSafe Limited except as required by law. (Please refer to 3.5) without prior consent of the client.
  3. We agree to use all means at our disposal to complete any work in a reasonable time.
  4. You the client declare that you are the legal owner or an authorised representative of the legal owner of any device, media or media content presented to us for work, or an officer legally entitled to do so.
  5. Privacy – please read our privacy statement.

 

3.       Data Recovery

  1. During the diagnostics and recovery process we agree to use commercial software, hardware and knowledge to recover the maximum possible amount of data from media submitted to us for Data Recovery.
  2. All media submitted for Data Recovery will be stored in a secure manner, the client understands that the location of storage may not be the same as the location to which the media was originally delivered.
  3. Any data recovered from a client’s media shall be stored in a secure manner either on encrypted media, secure server or workstation.
  4. The client declares that he/she is the legal owner of the media and media content being submitted for Data Recovery.
  5. The client acknowledges that we often use digital forensic software such as EnCase & Encase Enterprise V7 to recover files or data from media. The client further acknowledges that:
    • We reserve the right to contact the appropriate authority should any unlawful content or activity be presented in plain view before, during or after the Data Recovery process is complete, for example: images displayed when assessing the amount of data recovered and without exploring the content of recovered data.
    • We reserve the right to surrender such media to the appropriate authorities when lawfully obliged to do so.
  6. Recovered Data will be retained for a period of 7 calendar days, after which it will be permanently wiped unless an extension is requested by the client.
  7. We may be required to carry out physical work on the media, data or device presented for work, therefore, the client acknowledges that any media, data or device is either already damaged or the data contained on the media is corrupt or inaccessible.
  8. Due to the nature of Data Recovery any attempt to recover data may result in further damage to the media, data or device submitted by the client for Data Recovery and that warranties may become void.
  9. We are not responsible for this or any other type of damage.
  10. We reserve the right to send or redirect any media received for Data Recovery to an affiliated company laboratory or facility, in such circumstance we agree to cover the cost of secure transportation by courier. Should it be necessary to transport the media or device BitSafe Limited does not accept responsible for any damage or loss to any media or device items transported by courier as part of the Data Recovery process.
  11. Should the client decide not to proceed (after approval has been given) with the recovery of data, given, we reserve the right to charge the client for any work undertaken or parts purchased / used up to the point of cancellation.
  12. Donor components; we and the client agree it may be necessary to use components from donor media or interconnecting components to facilitate data recovery. Any such parts / components will be charged to the client at cost.

 

4.       Data Wipe

  1. The client agrees that any media presented for wiping or destruction will require proof of ownership or proof of authority to release such media for wiping or destruction before any work can begin.
  2. The client acknowledges that any data wiped from media will be beyond recovery by any currently known means.

 

5.       Quotations & Payment Terms

  1. Any Quotation provided by us shall be valid for a period not exceeding 14 calendar days unless otherwise agreed. After this period the quotation may alter without notification.
  2. Acceptance of any quotation may be given verbally, via fax or electronically via e-mail.
  3. We reserve the right to amend our service provision and pricing or promotional offers without prior notification.
  4. The price payable shall be the total price specified in our current price list or specific individual quote, less any discounts agreed in advance by us and plus the applicable cost of packaging, postage and delivery “Delivery Charges”.
  5. Payment in full is due in full upon completion of any work and prior to the release of data, device or recovery media and/or original media (whether shipped, picked up or downloaded), unless otherwise agreed.
  6. We may reserve the right to demand that any payment be cleared in full before the data is released to the client.
  7. If payment has not been received within 28 days, a weekly interest of 5% will be charged in addition to the full amount payable. After 28 calendar days we will attempt to contact you to recover payment. Should we be unable to contact you after 60 days we will consider the goods to be “uncollected”.
  8. We reserve the right to dispose of any item or items submitted for work that remains uncollected and recover costs for work carried out if;
  9. You the client do not return to claim it/ them or do not tell us what to do with it/them or you cannot be contacted or have not paid a charge you should have paid to us for keeping or doing anything to the goods.