Introduction and Acceptance of Terms
Welcome to Data Recover Company ("DRC", "we", "us", or "our"), a subsidiary brand of Virus Solution Provider founded and operated by Sundeep Maan, operating an ISO-certified data recovery laboratory from its facility at Paschim Vihar, New Delhi, India. These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and DRC. By accessing our website located at https://datarecovercompany.com ("Website"), submitting a service request, delivering a device to our laboratory, or otherwise engaging our data recovery or related laboratory services ("Services"), you expressly acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Website or Services. We reserve the right to modify these Terms at any time without prior individual notice.
Services Description
DRC provides professional data recovery laboratory services utilizing Class 100 cleanroom facilities and advanced forensic recovery equipment. Our Services include but are not limited to hard drive data recovery, SSD data recovery, RAID and NAS data recovery, flash and memory card recovery, mobile device data recovery, CCTV and DVR data recovery, database recovery, email recovery, and virtual machine data recovery. The specific scope of Services shall be as set forth in the written quotation provided after diagnostic assessment. We reserve the right to refuse any service request at our sole discretion.
Service Engagement and Laboratory Process
The service engagement commences upon delivery of your device to our laboratory facility or receipt through our authorized shipping channels. Upon receipt, our certified engineers will perform a diagnostic assessment in our cleanroom laboratory utilizing specialized equipment including PC-3000 UDMA, PC-3000 Flash, DeepSpar Disk Imager, and other forensic tools. You acknowledge that diagnostic procedures may void existing manufacturer warranties. Following diagnosis, we will provide a written report and quotation. You may accept or decline the quotation.
Customer Responsibilities
You represent and warrant that you are the lawful owner of the device and data submitted, or have legal authority from the owner, and that the device and data do not contain illegal or prohibited material. You agree to provide accurate information and cooperate with our reasonable requests throughout the engagement. You shall not tamper with the device prior to delivery.
Payment Terms
Charges shall be as set forth in the written quotation. Payment is required in full prior to delivery of recovered data. All prices are quoted in Indian Rupees (INR). We accept cash, bank transfer, NEFT/RTGS, UPI, and credit/debit cards. Failure to make payment when due may result in withholding of device and data until payment is received.
Confidentiality
We maintain strict confidentiality of your information and data in accordance with industry-standard practices and applicable data protection laws. Your Confidential Information, including but not limited to your personal data, business records, device details, and any recovered data, shall not be disclosed to third parties except as strictly necessary to perform the Services, as required by applicable law, regulation, or legal process, or with your prior written consent. We implement reasonable technical and organizational measures to safeguard your Confidential Information against unauthorized access, disclosure, or misuse, and we obligate our employees, contractors, and authorized service providers to adhere to confidentiality obligations at least as restrictive as those contained herein. These confidentiality obligations shall survive the termination of these Terms and any service engagement for a period of no less than 5 years from the date of disclosure.
Shipping and Handling
If you ship your device to us, you bear all risk during transit. We shall not be liable for damages caused by shipping carriers. We recommend trackable, insured shipping. While in our custody, we will exercise reasonable care in handling and safeguarding your device. Return shipping charges shall be your responsibility.
Disclaimer of Warranties
THE SERVICES, INCLUDING ALL DATA RECOVERY, DIAGNOSTIC ASSESSMENT, AND RELATED SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DRC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, COMPLETENESS, ACCURACY, OR COURSE OF PERFORMANCE OR DEALING. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT THE DATA RECOVERY PROCESS WILL BE SUCCESSFUL IN WHOLE OR IN PART, THAT RECOVERED DATA WILL BE COMPLETE, ACCURATE, UNCORRUPTED, OR USABLE FOR ANY PARTICULAR PURPOSE, THAT THE RECOVERY PROCESS WILL NOT CAUSE FURTHER DAMAGE TO THE DEVICE OR DATA, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM DEFECTS. NO ADVICE, RECOMMENDATION, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DRC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, OR ANY DEVICE OR DATA SUBMITTED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REPUTATION, BUSINESS INTERRUPTION, COST OF SUBSTITUTE GOODS OR SERVICES, DAMAGE TO STORAGE MEDIA, INABILITY TO ACCESS OR RECOVER DATA, CORRUPTION OF FILES, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SPECIFIC SERVICE ENGAGEMENT GIVING RISE TO THE CLAIM.
Indemnification
You agree to indemnify, defend, and hold harmless DRC, its affiliates, subsidiaries, officers, directors, employees, agents, contractors, licensors, and successors from and against any and all claims, demands, actions, suits, proceedings, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable legal fees and court costs) arising out of or relating to: (a) your breach of any representation, warranty, covenant, or obligation set forth in these Terms; (b) your use of the Services or any recovered data; (c) any claim that the device, data, or content provided by you infringes, misappropriates, or violates any third-party intellectual property rights, privacy rights, or other proprietary rights; (d) any claim that the device or data contains illegal, contraband, or prohibited material; or (e) your negligence, willful misconduct, or violation of applicable law.
Termination
These Terms shall remain in full force and effect until terminated as provided herein. You may terminate these Terms at any time by ceasing use of our Website and Services, provided that any termination shall not relieve you of any obligations arising from service engagements already in progress or any payment obligations already incurred. We reserve the right to terminate or suspend these Terms, your access to our Website, and any or all service engagements immediately, without prior notice or liability, for any reason whatsoever, including without limitation if: (a) you breach any provision of these Terms; (b) you fail to make payment when due; (c) you engage in conduct that we reasonably believe to be harmful, fraudulent, or illegal; or (d) we determine, in our sole discretion, that continued service is no longer commercially viable or technically feasible. Upon termination, you shall immediately pay all outstanding amounts due to us, and we shall return your device and any recovered data subject to our standard data retention policies and receipt of all payments. Provisions that by their nature should survive termination shall survive, including confidentiality, limitation of liability, indemnification, governing law, and dispute resolution provisions.
Governing Law and Jurisdiction
These Terms and all matters relating to the access, use, and provision of the Website and Services, and any dispute, controversy, claim, or cause of action arising out of or relating thereto, shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles. Any legal suit, action, or proceeding arising out of or relating to these Terms or the Services shall be instituted exclusively in the courts located in New Delhi, India. You hereby irrevocably submit to the personal jurisdiction of such courts and waive any objection based on improper venue, inconvenient forum, or lack of personal jurisdiction. Nothing in these Terms shall preclude us from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights, confidential information, or other proprietary rights.
Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, such provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions of these Terms shall remain in full force and effect and shall be unimpaired by such finding. The invalid, illegal, or unenforceable provision shall be deemed replaced by a valid, legal, and enforceable provision that comes as close as possible to the original intent of the parties as reflected in the original provision, and the validity and enforceability of the remaining provisions shall not be affected thereby.
Entire Agreement
These Terms, together with any quotation, service order, or statement of work accepted by you, and any other policies referenced herein (including our Privacy Policy and Refund Policy), constitute the entire and exclusive agreement between you and DRC with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, warranties, and communications, whether written or oral, relating to such subject matter. In the event of any conflict or inconsistency between these Terms and any quotation, service order, or statement of work, these Terms shall prevail unless the quotation, service order, or statement of work expressly states otherwise and is signed by an authorized representative of DRC.
Amendments
We reserve the right to amend or modify these Terms at any time and from time to time in our sole discretion. Any amendments or modifications shall become effective immediately upon posting the updated Terms on our Website, and your continued use of our Website or Services after the posting of amended Terms constitutes your acceptance of such amendments or modifications. We recommend that you review these Terms periodically for any changes. No waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of DRC. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, and a waiver of any breach of any provision shall not be deemed a waiver of any subsequent breach of the same or any other provision.
Dispute Resolution
Any dispute, controversy, claim, or cause of action arising out of or relating to these Terms, the Services, or any engagement between you and DRC shall first be attempted to be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiations within 10 business days after written notice from one party to the other, the dispute shall be finally settled by binding arbitration administered in accordance with the Arbitration and Conciliation Act, 1996 of India. The arbitration shall be conducted by a single arbitrator mutually appointed by the parties, or failing agreement within 15 days, by an arbitrator appointed by the International Centre for Alternative Dispute Resolution (ICADR). The place of arbitration shall be New Delhi, India, and the language of arbitration shall be English. The arbitrator's award shall be final and binding on the parties, and judgment upon the award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to protect its intellectual property rights, confidential information, or other proprietary rights without first submitting to arbitration.