FAST DATA RECOVERY TERMS AND CONDITIONS
Please read the following Terms and Conditions closely before using our services. If you do not agree with any part of these Terms and Conditions, YOU MUST NOT USE THIS SITE OR OUR SERVICES. FAST Data Recovery may at any time modify these Terms and Conditions when necessary.
Authorization: The client (hereafter "you", "the client", "your") authorizes FAST Data Recovery (hereafter “FAST Data Recovery”, “we”, “our”, or “us” or "FDR"), its employees, and agents, and subcontractors, to conduct an evaluation of ransomware to determine the nature of the infection and provide an estimate of recovery cost and timing.
The client also authorizes FAST Data Recovery to take any and all reasonable efforts and measures necessary to determine recoverability and to recover data.
Legal Rights: The client is the legal owner, representative, or otherwise has a legitimate right to the property or act on the owner's behalf and all data contained therein sent to FAST Data Recovery.
Remote Access: BEFORE PROVIDING YOUR REMOTE ACCESS TO FDR, CAREFULLY READ THE LIABILITY DISCLAIMER BELOW. BY PROVIDING FAST DATA RECOVERY WITH REMOTE ACCESS YOU ARE: (1) REPRESENTING THAT YOU ARE OVER THE AGE OF 18 AND HAVE THE CAPACITY AND AUTHORITY TO BIND YOURSELF AND YOUR EMPLOYER, AS APPLICABLE, TO THE TERMS OF THE DISCLAIMER BELOW; AND (2) CONSENTING ON BEHALF OF YOURSELF AND/OR AS AN AUTHORIZED REPRESENTATIVE OF YOUR EMPLOYER, AS APPLICABLE, TO BE BOUND BY THIS DISCLAIMER. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE DISCLAIMER, OR DO NOT REPRESENT THE FOREGOING, YOU WILL NOT AND MAY NOT RECEIVE REMOTE ACCESS SERVICES FROM FAST DATA RECOVERY. Remote access services are provided at your sole risk. FDR’S assistance is provided on the following terms and conditions: You have requested the remote evaluation of a FAST DATA RECOVERY technical support representative through a remote connection to your computer. The ability for FDR to remotely access your computer significantly enhances FDR’S ability to resolve your technical problem quickly. You understand that by requesting such assistance, you will be providing FDR technical support personnel with access to and control of your computer. In addition, you may be providing FDR technical support personnel with access to files that reside on your computer. Be sure to close any confidential or personal files that you may be working on, before allowing remote access to your computer. In order to provide the services, FDR’s technical support personnel is not expected to need to make any copies or downloads of your files or to retain any information accessed from your computer without your consent.
FDR’S LIABILITY AND THE LIABILITY OF ITS VENDORS AND LICENSORS SHALL BE LIMITED TO THE TOTAL VALUE OF THE QUOTED FDR SERVICE, NOT TO EXCEED THE LIMITATION OF LIABILITY IN YOUR CURRENT SERVICES AGREEMENT. FDR AND ITS VENDORS AND LICENSORS MAKE NO WARRANTIES OF ANY KIND WITH REGARD TO THE TECHNICAL SUPPORT SERVICES PROVIDED HEREUNDER. FDR AND ITS VENDORS AND LICENSORS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE TECHNICAL SUPPORT SERVICES INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL FDR OR ITS VENDORS OR LICENSORS BE LIABLE FOR (i) ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR (ii) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF TECHNICAL SUPPORT SERVICES. I AGREE TO ALLOW FDR REMOTE ACCESS TO MY COMPUTER TO PERFORM TECHNICAL SUPPORT SERVICES IN ACCORDANCE WITH THE TERMS OF THE DATA RECOVERY TERMS OF SERVICE.
Liability: FAST Data Recovery assumes no liability for any claims regarding the physical functioning of media and or equipment nor the condition or existence of data on storage media supplied before, during or after service. In no event will FAST Data Recovery be liable for any loss of data or loss of revenue or profits or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if FAST Data Recovery has been advised of the possibility of damages or loss to persons or property.
Confidentiality: We will protect the confidentiality of your data against unauthorized disclosure using the same degree of care used to protect our own confidential information. FDR and its officers and employees agree not to disclose any data to any third party unless under final appeal and penalty of State, Federal or International Law or unless it applies to the following statement. We are happy to sign a confidentiality agreement if required by your company.
FREE Evaluation: FAST Data Recovery will diagnose your storage device to the best of our ability with the resources available. We offer a FREE evaluation with turnaround between 1-3 days and up to 5 days in busy periods.
Priority Evaluation: FAST Data Recovery will diagnose your sample files to the best of our ability with the resources available. Our Priority evaluation guarantees a fast turnaround for your evaluation (same business day in most cases and may take slightly longer for more complex decryptions) The cost of Priority evaluation is $350 and the payment is expected prior to commencing work. You will be assigned a dedicated technicians, cost of evaluation will go towards recovery of your data and we offer no data no charge
Payment: Client agrees to pay in full in advance. The client has 5 days (in writing) to verify and backup all files that were recovered starting when FAST Data Recovery sends the confirmation email indicating that the files were successfully recovered. We accept VISA, MasterCard, American Express, and Direct Deposit.
Late Fees: We only accept work COD unless you have an account with our company A payment is considered late after 14 days of the payment due date as indicated in the Payment section of these terms. There is a $22 late payment fee and 1% admin fee per month if payment is late. Additionally, the client agrees to pay any collection and or legal fees if the balance is not paid within the specified time period.
Authorization of Recovery: If you accept the cost estimate provided by your account representative upon completion of the initial evaluation of your data storage device(s), we will apply our existing technology and standard processes and use all available options to recover your data.
NO DATA NO CHARGE POLICY: If we are unable to recover ANY data, we will inform you accordingly and will refund all monies in full. If, we are able to recover part but not all of your data, we will credit you for the percentage of the unrecovered files. All our quotes will guarantee a minimum of 95%-100% of all files/data to be fully recovered
We only recover files from the ransomware and FDR will not be held liable for the operation of any software/database you may use in your organization.
You will be provided with a list of all the infected files before and after decryption.
Data Recovery Turn Around: FAST Data Recovery honors the turnaround time you choose at the receipt of all resources needed for recovery. Some recoveries may take longer than others due to the nature of the issue the drive is experiencing. There is no possible way for us or any other company to speed up the process as some decryptions can be quite complex. The turn around times are approximate and no credit will be given if the job takes longer to recover.
Declined Recovery Services: Based upon your specific problem description over the phone at the time of initial consultation, we will do our best to provide you with a reasonable pre-quote range over the phone or via email. FDR does not attempt to recover your data until after your device has been evaluated and ONLY IF you agree to the formal quote presented to you. By enlisting our services, you agree that you are comfortable with this quote range and to operate on good faith intentions of using our recovery services and resources for the purpose of having FDR recover data from your media.
Quotes: Our quotes are FIXED. There is no obligation to proceed with any of the quotes presented to you after the evaluation however if you elected for Priority evaluation the fee will not be refundable to recover the time spend by the FDR technicians to priorities your quote. If, we are unable to recover your files you will be refunded the full amount of the priority evaluation.
Approved Recovery Services: Once an evaluation is performed, you will have the option of moving forward or not with the quote provided. If you decide to move forward with recovery services, you will be locked into a fixed rate for the encryption discovered in the evaluation which pertains to the file gathered. If another encryption is discovered at any time, we will need to re-evaluate and provide you with an updated quote for the additional encryption. If the client opts out of the recovery after approving the quote at any time without allowing us reasonable time to remotely connect and decrypt their files, the full agreed amount will still be due. If the data is determined to be unrecoverable, you will not be charged the agreed upon recovery quote unless other arrangements have been made in writing.
Warranty Information: You have 5 days from the point of receiving your data to make sure the data is accessible on your computer. FAST Data Recovery does not offer any warranty on storage devices provided to you. It is your responsibility to back up your data after you receive it as it is good practice to always have a second copy at all times.
Service Limitations: By agreeing to this service agreement you are stating that you understand that the data/equipment you are making available to FAST Data Recovery is already damaged.
Applicable and Governing Law: This agreement shall be governed by and interpreted in accordance with the substantive law of the State of New York excluding conflicts of law and choice of law principles. Each party submits to the exclusive jurisdiction of the courts sitting in Sydney, Australia, to resolve all disputes here under, and waive any claim that such courts constitute an inconvenient forum.
Amendments: This Agreement constitutes the entire agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties representing the subject matter hereof. No amendment, modification or alteration of this Agreement shall be binding unless the same shall be in writing and duly executed by the parties here to of by their duly authorized representative.
Severability: If any provision of these terms and conditions is held invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions shall not be affected thereby.
Any modifications to this agreement must be requested in advance in writing, and must be approved by FAST Data Recovery.