Data Recovery Terms And Conditions
Terms & conditions
By sending Ask Magic Mike your device, you are indicating that you have read and agreed with these terms and conditions. Please check them carefully. We have written them in plain English rather than legalese, and they are not overly long.
By agreeing to these terms, you’re authorising us to:
try to recover data from the storage device(s) you specify;
receive and transport the storage device(s) and/or data, as necessary to the data recovery operation;
retain the storage device(s) unless you explicitly request otherwise (we like to keep devices where possible, for recycling parts—this helps us keep our prices lower for you);
transfer any recovered data to an external hard drive, either supplied by yourself, or supplied by us additional to the quoted recovery price;
hold a copy of any recovered data on our computer system for 10 working days, in case there are mishaps with data transfer at your end (after this time we will delete your recovered data from our system).
2. Responsibility, liability & warranty
You’re also agreeing and acknowledging that:
We undertake due diligence by attempting all data recovery procedures. 80% or more recovered data is a fair and reasonable job, given the technical limitations and realities of data loss, and carries the expectation of full payment as per your authorised quote.
You’re the legal owner (or the authorised representative of the legal owner) for the specified storage device(s), and all data thereon.
You, as the owner/authorised representative of the data we’re trying to recover, are responsible for its loss. If your device has already failed, or fails while we’re trying to get data off it, or if we can’t recover some or all of your data for any reason, we cannot be held responsible for this. Nor are we liable for any damages which may result to you or your business. Our liability is limited to the agreed price for the services you’ve authorised us to perform.
You’re aware that in any data recovery operation there’s an inherent risk of further damage to the storage device(s) being worked on. This means there’s a possibility that trying to recover data from your device(s) will render some or all such recovery impossible. We take every reasonable precaution to ensure your data remains intact, and your storage device(s) operational, but we cannot offer any kind of warranty.
An attempted recovery may void any manufacturer’s warranty; we will assume a device is out of warranty unless otherwise advised.
Once a job is complete, you must make arrangements to collect your data and/or storage device(s), or have them returned to you, within 90 days. After this period, we may dispose of them without liability.
You further agree that:
You must authorise via email any quote we provide before we can commence work (we may also, at our discretion, require a deposit, or a 15% surcharge if you request an urgent recovery).
You will pay us promptly and in full on completion of work, and prior to our delivering any recovered data to you.
You will inspect any data we recover and notify us by email if it is unsatisfactory (as defined in section 2 above), within 48 hours of receiving it. We then reserve the right to attempt a further recovery using other options. Should this prove unsuccessful, we will refund the cost of the recovery, less our labour and parts costs.
You will not be required to pay for an unsuccessful recovery. However, your quote may indicate specific parts required for the recovery operation. Should the operation prove unsuccessful, we may still need to invoice you for these parts, simply to cover costs. In the same way, should you need your device returned afterwards, we may need to charge for our assembly work and courier fees.
Payment of an inspection fee will be required in the event that we determine we can recover your data, quote you on this recovery, and you then elect not to proceed.
Should you make no attempt to pay for our services, or arrange a payment plan (at our discretion), after 30 days from invoice date we will take ownership of your device, and we may seek legal remedy to pursue the outstanding payment and any incurred legal costs.
We will not disclose any information or data files supplied with, stored on, or removed from your storage device(s), except to our own employees or agents, and subject to confidentiality agreements—or as required by New Zealand law.