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 IF YOU DO NOT AGREE TO OUR TERMS.
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 TALK TO US AND WE MAY COME TO AN ARRANGEMENT OR CANCEL OUR ENGAGEMENT BEFORE WE DO ANY WORK FOR YOUR COMPANY;
(3) THE CLIENT OR PERSON(S) ACTING ON BEHALF OF THE CLIENT HAVE TAKEN COPIES OF THE CLIENT DATA AND REMOVED IT FROM THE NETWORK AND FROM THE SYSTEM WHERE FDR WILL BE PROVIDED REMOTE ACCESS TO.
(4) THE CLIENT NETWORK IS FREE OF VIRUSES/MALWARE/ransomware
(5) PROPER RANSOMWARE PREVENTION HAS BEEN PERFORMED ON THE WHOLE NETWORK TO AVOID A REINFECTION. Talk to us for advice.
FDR’s technical support personnel will not make any copies or downloads of any files or to retain any information accessed from your computer without your consent except our before and after reports.
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 loss of data 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. We recommend a full backup of your system before you allowing access to FDR.
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. We are happy to sign a confidentiality agreement if required by your company.
We may need to share your sample file from the ticket with 3rd parties/perpetrators if deemed necessary.
If we are unable to decrypt your files through our traditional methods we may engage 3rd parties/perpetrators in some cases to reverse the encryption and we still will provide you with our no-data no-charge guarantee. We will bear all risks on your behalf for our fees..
As a client, you are protected that FDR will take the risk to refund in case your files are not recovered regardless of any cost that arose to FDR in attempting to recover your files. On the other hand, the client agrees to pay the FDR invoice in full.
Any files that you submit to us MUST be NON-CONFIDENTIAL in nature for this purpose. You agree that we may send such a file to a third party and that the above Liability Disclaimer applies to our doing so.
FREE Evaluation: FAST Data Recovery will analyse your files to the best of our ability with the resources available. We offer a FREE evaluation with a turnaround between 4-10 days.
Priority Evaluation: FAST Data Recovery will analyse your sample files to the best of our ability with all resources available. Our Priority evaluation guarantees a fast turnaround for your evaluation of 1-4 hours for Phobos, Dharma and Gandcrab infections and 4-24 hours turnaround in most other cases and may take slightly longer for more complex decryptions) The cost of Priority evaluation may vary and the payment is expected prior to commencing work.
The Priority evaluation fee is not refundable if you decide not to proceed with the quote provided with the allowed timeframe.
The purpose of the evaluation is to analyse the complexity of your files and provide you with the cost for the attempt of our expedited service to evaluate and provide you with a quote for the recovery and it’s not for the purpose to produce a sample file. A fee may apply for a sample file if it’s required and depends on the type of ransomware as in some cases it’s not possible unless a full recovery is performed.
The evaluation cost may change if multiple infections have been identified on your network. It’s the duty of the client to advise if they have more than 1 ID / Email / Extension / Ransomware note on their systems regardless of the ID/device you wish to perform recovery on.
Payment: The 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 or confirming by phone indicating that the files were successfully recovered.
We accept VISA, MasterCard, American Express, Paypal, Western Union (clients to pay the merchant fees applicable). We also provide Direct Deposit in most countries (such as Australia, US, EURO, United Kingdom, etc) at no additional cost
For a list of payment options, click here
Late Fees: We only accept work COD unless you have an account with our company. A payment is considered late after 7 days of the payment due date as indicated in the Payment section of these terms. There is a $22 late payment fee and a 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.
Fasta Data Recovery warrants its services and promises a refund in the following cases:
- FAST Data Recovery will analyse your sample files to the best of our ability with all resources available.
- 1-4 hours for Phobos, Dharma and Avaddon infections
- 4-24 hours turnaround in most other cases and may take slightly longer for more complex descriptions. You will be entitled to a refund if we exceed the 24 hours unless you agree to proceed. (at your discretion)
- The cost of Priority evaluation may vary and payment is expected prior to commencing work.
- The Priority evaluation fee is not refundable if you decide not to proceed with the quote provided.
- The purpose of the evaluation is to analyse the complexity of your files and provide you with the cost for your recovery and it’s not for the purpose to produce a sample file.
- A fee may apply for a sample file if it’s required and depends on the type of ransomware as in some cases it’s not possible unless a full recovery is performed.
- A full refund for the evaluation fee if we are unable to provide you with a quote within 24 hours from the time you have paid the evaluation fee and provided the sample files and ransomware note.
- In some complex cases, it may take longer and we will advise you by email of the delays. You will have the option to continue with the evaluation or simply request a FULL refund.
- No files will be recovered on the evaluation stage as it’s for the purpose of analysing the files only to determine the cost associated with the recovery.
NO DATA NO CHARGE POLICY:
You are bound to the terms on the quote as the time-frame may vary on case by case in addition to the items below
- payment has cleared,
- pre-recovery checklist has been completed,
- the contact person(s) to remain available during the process of recovery,
- all our communication has been responded to in a timely manner
- no further problems have been identified such (but not limited to) additional IDs detected, multikey infection, other ranswomare variants, network system restrictions, etc.
- Confirmation of files to be recovered by the client*
* Timeframe does not include Australian public holidays
Cost Variations and Exceptions:
- Any data found to have been manipulated by the client may result in no refund for our efforts.
- Multi-Key / Multi Servers: Cost may be adjusted if you have multiple IDs (refer to the quote or call us regarding multi-key / multi-server infections and how they may affect the cost of your recovery before you agree to our recovery) – please advise us immediately if you detect other IDs on your network (regardless if you wish to have them recovered or not). We will quote you accordingly prior to starting the recovery process.
If we choose to recover 1 ID and we detect a multi-key infection during the recovery process, we will advise you of the cost accordingly and will proceed with the recovery. In the event you choose not to proceed or respond within 48 hours we may close your case and retain 50% for our efforts.
Customers with multiple servers are likely to have multiple IDs.
Multiple IDs include – IDs / Email / Extension / Ransomware note on their systems regardless of the system they wish to perform recovery on.
Multiple Servers – Clients with multiple servers will most likely be infected with a unique ID per or more per each server. Talk to us and our team will be able to assist Free of charge.
Data Recovery Turn Around: FAST Data Recovery honours the turnaround time you choose at the receipt and will dedicate all resources needed for recovery. Some recoveries may take longer than others due to the nature of the decryption, server speed, server software, remote access, etc. There is no way we can speed up the process as some decryptions can be quite complex.
Authorization of Recovery: If you accept the cost estimate provided by your account representative upon completion of the initial evaluation of your file(s), we will apply our existing technology and standard processes and use all available options/resources to recover your data.
Competitor Price Match: If you get a price from a competitor lower than our quoted price of the same value/speed of recovery, we will match the price plus give you an additional $350 discount (applies only for jobs with a recovery value of $8000 AUD or more)
Only applies from a registered company and prior to your quote approval.
We may decline a competitor price match if we can not verify the offer and its terms.
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 and full payment is made. By enlisting our services, you agree that you are comfortable with the quote range and to operate on good faith intentions of using our recovery services and all available resources for the purpose of having FDR recover data from a ransomware attack.
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 spent by the FDR technicians to priorities and analyse your ticket. If we are unable to recover any of your files you will be refunded the full amount of the priority evaluation or we will refund a proportion of the unrecovered files. (refer to No Data No Charge Policy above)
Any data found to have been manipulated by the client may result in no refund for our efforts.
*Cost may be adjusted if you have multiple IDs – please advise us immediately if you have multiple IDs*
Multiple IDs include – IDs / Email / Extension / Ransomware note on your systems regardless of the ID you wish to perform recovery on.
Approved Recovery Services: Once an evaluation is performed, you will have the option to accept or decline the quote provided by FDR. If you decide to move forward with recovery services, you will be locked into a fixed rate for the encryption discovered in the evaluation ONLY.
If another encryption ID \ infection 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.
ii) Prior to recovery, we may need to perform a full scan of your system. Any files that are not present at the time of our scan or has read-only/hidden security permission will not be recovered. Please ensure all your files are accessible and the pre-recovery checklist has been followed.
Recovery Warranty Information: You have 5 days from the point of receiving your data to make sure the data is accessible on your computer. It is your responsibility to back up your data immediately.
Prevention Warranty Information: If FDR has been engaged to perform ransomware prevention on your system, we warrant to do necessary precautions to protect your network to the best of our ability based on the information provided
In order to warrant your system from being ransomware proof, you must;
- Follow all the advice in our Ransomware Prevention report
- Do not enable any services on your network before any necessary changes have been implemented
- Ensure FDR checks every single PC and server regardless of its being infected or not
- Allow us access to your firewall to investigate.
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. We highly recommend you make a copy of your data to an external drive and remove it from your system prior to giving FDR remote access.
Applicable and Governing Law: This agreement shall be governed by and interpreted in accordance with the substantive law of the State of NSW 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 hereunder, and waive any claim that such courts constitute an inconvenient forum.
Reporting Crimes To Authorities: Fast Data Recovery recommends reporting all cybercrimes to authorities. it’s is the sole responsibility of the client to report any such crimes. FDR does not disclose any information to authorities about its clients unless required by law or written consent has been given by the client. You agree that you will not hold FDR liable for any disclosure of information to the authorities. You should report any data breaches to the relevant authority of your country. For a full list, please visit https://fastdatarecovery.com.au/ransomware-reporting/
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 hereto or 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 amendments to these conditions must be requested in advance in writing and must be approved by FAST Data Recovery.
FDR may alter the terms and conditions without notice
Thank you for choosing Fast Data Recovery