Terms and Conditions

General Information
1. In these terms and conditions, references to "Fields Data Recovery" relates to Fields Data Recovery a trading title of Fields Associates Ltd. The term "Client" or "Customer" relates to any person, firm, company, or any other party that sends media to Fields Data Recovery for diagnostics or data recovery.
2. The word "Full" or phrase "Full Recovery", when used in relation to the process of data recovery or the amount of data recovered relates solely to the amount of data that has been able to be recovered from the media and not to the amount of data originally contained on the media.
3. As part of its diagnostic process, Fields Data Recovery agrees to use its best commercial knowledge and expertise to determine the probability of and, where possible, the volume of recoverable data from the client's media.
4. As part of its recovery process, Fields Data Recovery will endeavour to retrieve or replicate the maximum amount of data from the client's media.
5. Fields Data Recovery's days of business are defined as Monday to Friday, excluding any public holiday. Business hours are defined as 9.00AM to 5.30PM. Data Recovery services may be provided outside of these hours. Any diagnostic and/or recovery services provided outside of these hours shall be carried out at an agreed rate on a case-by-case basis.
6. Fields Data Recovery will use all reasonable endeavours to achieve reasonable response times. However, unless otherwise agreed, failure to achieve any response times is not a contractual obligation.
7. Media Dispatch and Collection Responsibility
  - Once the media has been dispatched to the designated postal address, it is the recipient's responsibility to collect it from the postal office or courier service. We will notify the recipient of the dispatch, but any delay or failure to collect the media within the specified period is beyond our control.
  - If the package is held by customs, the recipient is responsible for completing any necessary procedures for its release. We are unable to intervene in customs-related delays or refusals.
8. Uncollected Media
  - If the media is not collected from the postal office or courier and is subsequently returned to our laboratory, we reserve the right to dispose of it after a 7-day period if after notification is provided no request is made to return. Disposal will involve destruction of the media.
  - Once the media has been disposed of, it cannot be recovered under any circumstances. Requests for retrieval after disposal will not be accommodated.
9. No Liability for Uncollected or Disposed Media
  - We cannot be held responsible for any loss, damage, or inconvenience resulting from the failure to collect the media within the designated collection period. Once the media is returned to our lab and we have exercised our right to dispose of it, we are under no obligation to provide a replacement or refund.
  - We will not be liable for any claims, disputes, or losses incurred due to the recipient's failure to collect the media within the required timeframe.
10. Acknowledgement of Terms
  - By accepting the dispatch of the media, you agree to the above terms and acknowledge that you have read and understood our policy regarding uncollected media and its disposal.
  - It is the recipient's responsibility to ensure that the correct delivery details are provided at the time of return. We shall not be held liable for any issues arising from incorrect details.
Estimates, Quotations and Payments
1. All Fixed Price Quotations offered by Fields Data Recovery are valid for a period of seven days, unless otherwise agreed. After this period the quotation may alter without notification.
2. All prices quoted by representatives of Fields Data Recovery are exclusive of GST unless otherwise stated.
3. Acceptance of a quotation may be given in writing, verbally in person or via telephone, facsimile or electronic mail. Fields Data Recovery reserves the right not to commence any recovery work until approval is given.
4. In the event that the client decides not to proceed with the recovery of data, after approval has been given, Fields Data Recovery reserves the right to charge the client for any work and/or parts used to date. This charge is at the discretion of Fields Data Recovery and may be equal to, but not exceed, the total approved amount for the recovery process.
5. The client understands that payment is due in full upon completion of the data recovery process and prior to the release of data and/or original media (whether shipped, picked up or downloaded), unless otherwise agreed.
6. If any amount remains unpaid after the due date, Fields Data Recovery may charge interest on the overdue amount at a rate not exceeding 1.5% per month, calculated daily and accruing from the due date until payment is made in full, to the extent permitted by law. In addition, Fields Data Recovery may recover from the client reasonable administrative and collection costs actually incurred as a result of the late payment.
Confidentiality
1. As part of its confidentiality policy, Fields Data Recovery agrees not to disclose any/all information or data files supplied with, stored on, or recovered from client equipment except to employees or agents of Fields Data Recovery subject to confidentiality agreements or as required by law, without the consent of the client.
2. Fields Data Recovery agrees to only use authorised data recovery engineers, and that all media supplied to Fields Data Recovery will be stored in a secure manner at one of its premises. The client understands that the location of storage may not be the same as the location to which the media was originally shipped.
3. All data recovered from a client's media is stored on offline storage devices in accordance with the Data Protection Act 2018 and Australian Privacy Principles (APPs).
Diagnostics and Recovery Processes
1. All diagnostic reports are provided to the client via telephone or electronic mail, unless otherwise agreed by a representative of Fields Data Recovery.
2. Due to the nature of data recovery, our technicians may be required to carry out physical work on the media/data/equipment made available to Fields Data Recovery. Therefore, the client acknowledges that:
  1. the media/data/equipment is already damaged,
  2. data recovery efforts may result in further damage to the media/data/equipment,
  3. the media/data/equipment warranties may become void, and
  4. Fields Data Recovery will exercise due care and skill in performing the recovery services.
  Subject to the Australian Consumer Law, Fields Data Recovery is not liable for any additional damage that occurs as an unavoidable consequence of carrying out the data recovery process on media that is already damaged or defective.
3. The client is aware that on occasions, Fields Data Recovery may be required to use additional media to continue with the diagnostic phase and/or carry out its recovery efforts. Examples of this include, but are not limited to, spare parts for disk drives and specific adaptors or connectors. Fields Data Recovery reserves the right to charge the client for such additional media at an agreed cost.
4. On rare occasions, Fields Data Recovery may require the client to cover some of the cost of attempting the recovery. This request will only apply when the recovery is complex or when severe damage has occurred and only as a no-obligation, fixed price quotation.
5. Fields Data Recovery agrees that any payment for a recovery will only be processed in the event that data is successfully recovered from the client's media. The client understands that due to the complex nature of data recovery, it is not always possible to recover all the information from the client's media.
6. Fields Data Recovery reserves the right to send or redirect any equipment or media received at any of our premises to the most suitable location for data recovery. This includes making use of affiliate or parent company laboratory facilities.
Performance, Delivery & Carriage
1. Fields Data Recovery will return all recovered data using suitable media. For recovered data under 500GB, Fields Data Recovery will deliver the data exclusively via Dropbox download. No physical media will be provided for data under this limit.
2. All data recovered by Fields Data Recovery is returned to the client via a traceable service where applicable. Other arrangements for the return of client data may also be agreed.
3. To the maximum extent permitted by law, Fields Data Recovery is not liable for any indirect or consequential loss, including loss of profits, loss of business, or inconvenience. This clause does not limit any rights or remedies available under the Australian Consumer Law.
4. The client agrees to inspect the goods delivered at the earliest opportunity after delivery or attempted delivery and in any event within five calendar days.
5. Fields Data Recovery will retain a copy of your recovered data for a period of seven days from the date of dispatch.
6. If the services do not comply with applicable consumer guarantees, the client is entitled to the remedies provided by law. Where the Australian Consumer Law does not apply, Fields Data Recovery may, at its discretion, re-perform the services or refund part or all of the fees paid for the affected services.
7. All media sent to Fields Data Recovery for data recovery may be retained within one of its international offices for a period of up to fourteen days after completion of the data recovery service.
8. The client understands that all media which is returned via our free return service is provided by standard postal service and this service may be non-traceable.
9. Fields Data Recovery does not guarantee that any data can be recovered, or that recovered data will be complete, usable, or fit for the client's particular purpose.
Data Integrity
1. The client accepts that Fields Data Recovery will not examine the contents of any file contained on the media supplied to them.
2. Fields Data Recovery gives an integrity percentage of any data recovered. This is an estimate only and is derived using specialist software that performs a file signature verification process.
3. Subject to the Australian Consumer Law, Fields Data Recovery does not warrant the accuracy, integrity, functionality, or usefulness of any recovered data and is not responsible for verifying file contents.
4. Should the client wish to know what files have been recovered they should request a file list from their account manager in writing or by email.
Legality
1. The client agrees that all media and its content provided to Fields Data Recovery is legal and the lawful possession of the client and that the client has the legal right to request data recovery services, as described under the Laws of England and Wales.
Australian Consumer Law
1. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law. Where the Australian Consumer Law applies, our services come with guarantees that cannot be excluded.
2. If you are an Australian consumer, these Terms apply subject to the Australian Consumer Law, and nothing in these Terms limits any rights or remedies available to you under that law.