Acceptance of Terms
Data Recover Company ("DRC", "we", "us", or "our"), a subsidiary brand of Virus Solution Provider founded and operated by Sundeep Maan, operates an ISO-certified data recovery laboratory from its facility at Paschim Vihar, New Delhi, India. These Terms of Service ("Terms") govern your access to and use of our website at https://datarecovercompany.com and all laboratory data recovery services provided by DRC, including but not limited to hard drive, SSD, RAID, NAS, flash memory, mobile device, CCTV/DVR, database, email, and virtual machine data recovery (collectively, "Services"). By accessing our website, delivering a device to our laboratory, or otherwise using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
Service Description and Scope
DRC provides professional data recovery laboratory services utilizing Class 100 cleanroom facilities and advanced forensic recovery equipment including PC-3000 UDMA, PC-3000 Flash, DeepSpar Disk Imager, and specialized cleanroom tools. Each service engagement is uniquely tailored to the specific requirements of the customer as determined through our laboratory diagnostic assessment process. The precise scope, methodology, timeline, and pricing for each engagement shall be documented in a written quotation provided to you following our initial evaluation. We reserve the right to refuse or decline 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 conduct a comprehensive diagnostic assessment in our cleanroom laboratory using specialized forensic equipment. You acknowledge that diagnostic procedures may void existing manufacturer warranties on your device. Following the diagnostic assessment, we will provide you with a detailed written report describing the nature of the failure, our findings, the estimated probability of successful recovery, and a comprehensive quotation. You are under no obligation to proceed with the proposed Services.
Performance of Data Recovery Services
Upon your acceptance of the quotation, our engineers will commence active recovery work using appropriate cleanroom and forensic techniques. Our process may include head replacement on mechanical drives, platter transfer operations, chip-off and NAND reading procedures, firmware repair and rebuilding, file system and directory structure reconstruction, RAID array reconstruction, and specialized software-based recovery algorithms. We employ a structured methodology designed to maximize recovery probability while minimizing further damage risk. Following successful recovery, we will provide an inventory of recovered data for your verification. Payment is required in full prior to delivery.
Post-Recovery and Data Delivery
Following successful recovery and your approval, recovered data will be transferred to a secure storage medium and delivered to you. We retain a secure backup of recovered data for 30 calendar days following delivery, after which it is permanently and securely erased. It is your sole responsibility to create and maintain your own backup copies of all recovered data following delivery.
Customer Obligations and Representations
You represent and warrant that you are the lawful owner of the device and data submitted, or have express written 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 to us.
Pricing, Payment, and Billing
All charges shall be as set forth in the written quotation. Payment is required in full prior to delivery of recovered data. We accept cash, bank transfer, NEFT/RTGS, UPI, and credit/debit cards. All prices are quoted in Indian Rupees (INR). Failure to make payment when due may result in withholding of device and data until payment is received in full.
Intellectual Property and Confidentiality
All tools, equipment, software, methodologies, and know-how used by DRC remain our sole and exclusive property. You retain all rights to your data and devices. We maintain strict confidentiality of your information and data, which shall not be disclosed to third parties except as necessary to perform the Services, as required by law, or with your consent. These confidentiality obligations shall survive termination of these Terms.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DRC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT DATA RECOVERY WILL BE SUCCESSFUL OR THAT RECOVERED DATA WILL BE COMPLETE OR ACCURATE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DRC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.
Indemnification
You agree to indemnify, defend, and hold harmless DRC, its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, actions, suits, proceedings, damages, losses, liabilities, judgments, settlements, costs, and expenses, including reasonable legal fees, arising out of or relating to: (a) your breach of any representation, warranty, or obligation set forth in these Terms; (b) your use or misuse of the Services or any recovered data; (c) any claim that the device, media, or data provided by you infringes any third-party intellectual property rights or other proprietary rights; (d) any claim that the device or data contains illegal or prohibited material; or (e) your negligence, willful misconduct, or violation of applicable law.
Termination of Services
We may terminate or suspend these Terms or any service engagement immediately if you breach these Terms, fail to make payment, engage in harmful conduct, or if continued service is no longer feasible. Upon termination, you shall pay all outstanding amounts. Provisions that by their nature should survive termination shall survive.
Governing Law and Jurisdiction
These Terms and all matters relating to the access, use, and provision of the website and Services 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 or inconvenient forum.
Dispute Resolution and Binding Arbitration
Any dispute, controversy, claim, or cause of action arising out of or relating to these Terms or the Services shall first be submitted to good faith negotiation between the parties for a period of 10 business days following written notice. If the dispute cannot be resolved through negotiation, it shall be finally and exclusively settled by binding arbitration administered in accordance with the Arbitration and Conciliation Act, 1996 of India. The arbitration shall be conducted by a sole 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 seat of arbitration shall be New Delhi, India, and the language 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.