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WILDFIRE DATA RECOVERY

Wildfire Data Recovery -
Terms and Conditions

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Wildfire Data Recovery Brisbane - Terms and Conditions

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1. Introduction

Welcome to Wildfire Data Recovery Brisbane. We are pleased to offer our expertise in data recovery services to assist you in recovering and restoring your valuable data. By engaging our services, you acknowledge and agree to comply with the following terms and conditions outlined in this agreement. You must carefully read and understand these terms before utilizing our services. Your use of our services constitutes your acceptance of these terms. It establishes a legally binding agreement between you (referred to herein as the "Client") and Wildfire Data Recovery Brisbane (referred to herein as the "Company").

2. Definitions

  • Client: The term "Client" refers to the individual or entity that requests data recovery services from Wildfire Data Recovery Brisbane. Whether you are an individual seeking to recover personal files or a business in need of critical data retrieval, you are considered the Client under this agreement.

  • Company: "Company" refers to Wildfire Data Recovery Brisbane, which encompasses all business operations, including our employees, agents, and subcontractors. This agreement contains references to the "Company" about Wildfire Data Recovery Brisbane and its affiliated personnel.

  • Services: The term "Services" encompasses the range of data recovery, diagnostic, and related services offered by Wildfire Data Recovery Brisbane. These services may include but are not limited to retrieving data from various storage devices, diagnostic assessments of data loss scenarios, data restoration, and other related activities aimed at recovering and preserving client data.

  • Device: "Device" refers to any storage media or equipment the Client provides to Wildfire Data Recovery Brisbane for data recovery. This includes but is not limited to, hard drives, solid-state drives (SSDs), memory cards, RAID arrays, network-attached storage (NAS) devices, USB drives, mobile devices (such as smartphones and tablets), and any other storage media containing data that requires recovery.

We aim to ensure mutual understanding and clarity regarding the terms used throughout this agreement by providing clear definitions. This clarity helps to establish a foundation for effective communication and collaboration between the Client and Wildfire Data Recovery Brisbane throughout the data recovery process.

3. Service Agreement

3.1 Assessment and Quotation​

Definition: The initial assessment is a preliminary examination of your device conducted by Wildfire Data Recovery Brisbane upon receipt. This process involves evaluating the device to determine the nature and extent of the data loss, the condition of the storage medium, and any potential challenges that may affect the recovery process.

Details:

  • Purpose: The initial assessment aims to understand the underlying issues causing data inaccessibility and to gauge the chances of successful data recovery.

  • Process: This may include physical inspection, connecting the device to diagnostic tools, and running preliminary software scans to identify visible data and file structures.

  • Cost: This step is free of charge, regardless of the outcome or findings.

Relevant Scenarios (Examples):

  1. Scenario 1: A client submits a water-damaged external hard drive. The initial assessment reveals whether the damage is primarily physical, affecting the drive's electronics, or if the data is still intact but inaccessible due to logical errors.

  2. Scenario 2: A smartphone with a non-functional screen is assessed to determine if the internal memory chip is still operational and can be accessed using specialized tools.

  • Initial Assessment: Upon receiving your device, the Company will conduct an initial assessment to determine the extent of data loss and provide a detailed quotation. This initial assessment is free of charge.

  • Detailed Quotation: The detailed quotation is a comprehensive document provided to the Client following the initial assessment. It outlines the estimated cost, time frame, and probability of successful data recovery.

Components:

  • Estimated Recovery Cost: Breakdown of the costs involved in the data recovery process, including labour, parts (if needed), and any additional services.

  • Time Frame: An estimated duration for the recovery process from the time of approval to the completion of the recovery.

  • Likelihood of Success: An assessment based on the initial findings, indicating the probability of successfully retrieving the lost data.

  • Client Approval: The Client must review and approve this quotation before the Company proceeds with any data recovery efforts.

  • Agreement to Proceed: By approving the quotation, the Client agrees to the terms outlined in the quotation and authorizes the Company to proceed with the recovery process.

Details:

  • Consent: By approving the quotation, the Client agrees to the terms, including costs and time frames, and authorizes the Company to do the recovery work.

  • Binding Agreement: This approval forms a binding agreement between the Client and the Company.

Relevant Scenarios:

  1. Scenario 1: After reviewing the detailed quotation, a client signs the Agreement to Proceed, allowing the Company to recover photos from a damaged camera memory card.

  2. Scenario 2: A corporate client approves the quotation for recovering data from a failed server, authorizing the Company to begin the process immediately to minimize downtime.

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3.2 Authorization

  • Diagnostic and Recovery Procedures: By submitting your device to the Company, you authorize Wildfire Data Recovery Brisbane to perform diagnostic and recovery procedures necessary to attempt to recover the data.

  • Charging of Fees: You also authorize the Company to charge the agreed fee upon successful data recovery, as detailed in the approved quotation.

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3.3 No Data, No Fee Policy

  • Policy Overview: The Company operates on a no-data, no-fee policy. You will not be charged for our services if we cannot recover any data from your device.

  • Exceptions: This policy does not apply if the Client cancels the service after work has commenced or if the data is deemed irrecoverable due to pre-existing conditions outlined in the initial assessment.

4. Data Recovery Process

4.1 Diagnosis

  • Thorough Diagnosis: The Company will diagnose the device thoroughly to identify the cause of data loss and assess the potential for data recovery. This may involve physical examination, software analysis, and other diagnostic techniques.

  • Initial Findings: The Client will be informed of the initial findings, and any potential complications or limitations will be communicated clearly.

 

4.2 Data Recovery

  • State-of-the-Art Technology: The Company will attempt to recover the data from the device using state-of-the-art technology and tools. This includes software recovery, hardware repair, and advanced data extraction techniques.

  • Recovery Process Duration: The duration of the recovery process varies depending on the complexity of the data loss and the device's condition. The Client will be kept informed of any significant developments and progress.

  • Data Verification: Once the data is recovered, the Company will verify the integrity and usability of the recovered data to ensure it meets the Client's requirements.

4.3 Data Restoration

  • Data Transfer: Recovered data will be transferred to a new storage device provided by the Client or purchased from the Company. The new device will be tested to ensure it functions correctly and securely holds the recovered data.

  • Client Review: The Client will be given the opportunity to review the recovered data and confirm that it meets their expectations before final payment is required.

5. Confidentiality

5.1 Data Privacy

  • Commitment to Confidentiality: Wildfire Data Recovery Brisbane understands the sensitivity of your data and is dedicated to maintaining its confidentiality and security throughout the data recovery process. We recognize the trust you place in us, and we are committed to handling your data with the utmost discretion and professionalism.

  • Security Measures: To uphold our commitment to data privacy, the Company implements robust security measures designed to safeguard your data from unauthorized access, disclosure, or alteration. These measures include using secure facilities equipped with physical and digital security features, encryption protocols to protect data in transit and storage, and strict access controls limiting data access to authorized personnel only. By employing these security measures, we aim to provide clients with peace of mind, knowing their data is protected against potential threats and vulnerabilities.

5.2 Non-Disclosure

  • Confidentiality Agreements: Wildfire Data Recovery Brisbane places a high priority on maintaining the confidentiality of your data. We pledge not to disclose any information about your data to third parties without your explicit consent, except in cases where disclosure is required by law. To reinforce this commitment, all Company employees, agents, and subcontractors are bound by confidentiality agreements, ensuring that your data remains protected and secure at all times.

  • Legal Compliance: We also recognize our legal obligations and responsibilities while prioritising client confidentiality. In situations where disclosure of client data is mandated by law, such as in response to a court order or subpoena, the Company will comply with all legal requirements while endeavouring to protect the Client's privacy to the fullest extent possible. We understand the importance of balancing legal compliance with client confidentiality and will strive to minimize the impact on your privacy while fulfilling our legal obligations.

By establishing clear protocols for data privacy and non-disclosure, Wildfire Data Recovery Brisbane aims to instil confidence and trust in our clients, assuring them that their data is handled with the highest level of confidentiality and security throughout the data recovery process.

6. Liability

6.1 No Guarantee

 

  • Recovery Success: While the Company dedicates extensive expertise and resources to achieve a high success rate in data recovery, it's essential to acknowledge that complete recovery cannot always be guaranteed. The success of data recovery efforts is contingent upon various factors, including the condition of the storage device and the complexity of the data loss scenario. Despite our best efforts, there may be instances where certain data is unrecoverable or irreversibly damaged.

  • Limitation of Guarantees: Clients must understand and accept the inherent risks of data recovery. The Company does not guarantee that all lost data will be recoverable. Clients must acknowledge and accept the possibility of permanent data loss, particularly in severe physical damage to the storage device or extensive data corruption. However, over 90% of user data must be recovered for data recovery to be considered a success.

6.2 Limitation of Liability

  • Indirect Damages: Wildfire Data Recovery Brisbane operates under the principle of limiting liability for indirect, incidental, or consequential damages resulting from our services. While we strive to deliver reliable and effective solutions, we cannot be held liable for any secondary losses or damages incurred by the client, including but not limited to data loss, revenue, or profits. Clients are encouraged to implement appropriate safeguards and backup measures to mitigate the risk of data loss and minimize potential damages.

  • Total Liability: To provide clarity and transparency regarding our liability limits, the Company's liability is expressly limited to the amount paid by the client for the data recovery services rendered. Under no circumstances will the Company be held liable for any amount exceeding the fees paid by the client, regardless of the nature or extent of the damages incurred.

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6.3 Indemnification

  • Client's Responsibility: In recognition of the shared responsibility for safeguarding data and mitigating risks, clients are required to indemnify and hold harmless Wildfire Data Recovery Brisbane, its employees, agents, and subcontractors from any claims, damages, or expenses arising from the data recovery services provided. This includes but is not limited to claims about the misuse or unauthorized distribution of recovered data. By agreeing to indemnify the Company, clients assume accountability for their actions and ensure that they comply with applicable laws and regulations governing data privacy and security.

6.4 Unforeseen Costs

  • Device Deterioration and Evolution: Despite our diligent efforts to provide accurate and comprehensive quotes, it's important to acknowledge that the condition of devices can deteriorate over time or evolve unexpectedly:

    • Factors such as prolonged storage,

    • environmental conditions or

    • underlying hardware issues may contribute to unforeseen complications during the data recovery process.

  • In such cases, additional time, resources, or specialised techniques may be required to address these challenges, potentially resulting in increased costs beyond the initial estimate. While we strive to minimize disruptions and maintain transparency in our pricing, clients should be aware of the possibility of unforeseen costs arising from device deterioration or evolving complexities. We remain committed to working closely with clients to navigate unexpected challenges and effectively provide solutions that meet their needs.

7. Warranty and Follow-Up

7.1 30-Day Free Follow-Up

  • Follow-Up Service: The Company is committed to ensuring the integrity and usability of the recovered data. As part of this commitment, we provide a 30-day free follow-up service for all data recovery cases. If any issues arise with the recovered data within this period, the Company will re-evaluate the case and attempt to resolve the issue at no additional cost to the client.

  • Scope of Follow-Up: During the 30-day follow-up period, our experts will address any issues directly related to the initial recovery process. This includes scenarios such as incomplete or corrupted data, file compatibility issues, or difficulties accessing certain files. We aim to ensure that the client receives the best possible outcome from our data recovery service.

Scenarios covered by the follow-up service may include:

  • Incomplete or partial data recovery.

  • Corruption of files during the recovery process.

  • Difficulties accessing or opening certain recovered files.

  • Compatibility issues with software or operating systems.

Scenarios not covered by the follow-up service:

  • New instances of data loss unrelated to the initial recovery.

  • Damage or corruption is caused by the client's actions after the data recovery process.

  • Hardware or software failures occur after the completion of the initial recovery.

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7.2 Warranty Exclusions

  • Subsequent Damage: It's important to note that the 30-day free follow-up service does not cover issues resulting from subsequent damage or misuse of the device or recovered data by the client. If the client encounters new issues with the device or data that are not directly related to the initial recovery process, additional charges may apply for further investigation and resolution. This also includes times when the client may have taken their device for repairs/recovery to another data recovery business or IT technician (this also covers DIY attempts). 

Examples of subsequent damage or misuse may include:

  • Physical damage to the device occurs after the completion of the data recovery process.

  • Installation of incompatible software or updates leading to data corruption.

  • Accidental deletion or modification of recovered files by the client.

  • Exposure to environmental factors such as heat, moisture, or electromagnetic interference.

By clearly defining the scope of our follow-up service and warranty exclusions, we aim to provide transparency and clarity to our clients regarding the terms and limitations of our data recovery services. Our ultimate goal is to deliver reliable and effective solutions while ensuring our clients' satisfaction and peace of mind.

8. Payment Terms

8.1 Payment

  • Payment Methods: We understand the importance of flexibility in payment methods. Upon successful recovery and delivery of the data, payment is due. The Company accepts various payment methods to accommodate our client's preferences, including credit cards, debit cards, and bank transfers. This allows clients to choose the most convenient and secure option for completing the transaction.

  • Payment Confirmation: To ensure a smooth and transparent process, full payment must be received before the recovered data is released to the Client. This step is crucial in safeguarding both parties' interests and maintaining the integrity of our services. Once payment is received, the Company will promptly provide a detailed receipt and confirmation of payment. This documentation serves as proof of the transaction and offers peace of mind to the client, assuring them that the payment has been successfully processed and recorded.

Additional considerations regarding payment:

  • Timing of Payment: Payment is typically expected immediately upon completion of the data recovery process and within 24-48 hours. However, we understand that certain circumstances may require flexibility in payment timelines. Clients are encouraged to discuss alternative arrangements with our billing department. We offer payment plans that suit any budget and are FREE of interest rates.

  • Currency and Exchange Rates: For international transactions, clients should be aware of currency conversion rates and any associated fees charged by their financial institutions. The Company is not responsible for fluctuations in exchange rates or additional charges incurred during the payment process.

  • Security Measures: The Company prioritises the security of payment transactions and employs industry-standard encryption protocols to safeguard sensitive financial information. Clients can trust that their payment details are protected against unauthorized access or fraud. No client payment information is stored unless the client elects to store their debit card/credit card through the highly secure and encrypted 

  • Dispute Resolution: In case of any discrepancies or disputes related to payment, clients are encouraged to contact our customer support team for prompt assistance and resolution. We are committed to addressing concerns fairly and transparently, prioritizing client satisfaction and maintaining our reputation for integrity and professionalism.

  • Fraud: There has been a recent trend of fraudulent actions by some clients who request to make a bank transfer or debit card payment and, in turn, contact their bank to reverse the charge as an erroneous charge once our team has completed the work. In summary, you will receive complex data recovery services FREE of charge. Here at WDR, we have a zero-tolerance policy towards fraud or other fraudulent activity. Your details are directly passed on to our Police and Australian Intelligence Services. Criminals will be prosecuted to the full extent of Australian Law. 

By outlining clear and comprehensive payment terms, we aim to foster trust and transparency in our business dealings while ensuring a positive experience for our clients throughout the payment process.

8.2 Non-Payment

  • Retention of Data: In cases where payment is not received per the agreed-upon terms, the Company reserves the right to retain possession of the recovered data and the storage device until full payment is received. This measure is necessary to protect the Company's interests and ensure fair compensation for the services rendered. The Client will be promptly notified of any outstanding balances and provided instructions for settling the payment. Every 7 days, if the client refuses to contact our team or does not get in touch once an invoice is issued, a fee of 5% is added to the total outstanding amount of 20%. After failure to finalise payment or contact our Billing Team, the outstanding amount is passed on to Debt Collection Services at the client's expense. 

Considerations regarding retention of data:

  • Data Security: The Company takes data security and confidentiality seriously. Throughout the retention period, strict measures are in place to safeguard the integrity and privacy of the recovered data. Access to the data is limited to authorized personnel only, and encryption protocols may be employed to prevent unauthorized access or tampering.

  • Client Communication: Open communication channels are essential in resolving payment issues amicably. The Company maintains transparent communication with the Client throughout the process, keeping them informed of any developments or changes in status regarding their data and payment obligations.

  • Resolution Procedures: Clients experiencing difficulties making payments are encouraged to contact the Company's billing department to discuss alternative arrangements or address any concerns. The Company is committed to finding mutually satisfactory solutions that prioritize the interests of both parties.

  • Device Disposal: If the Client fails to claim the storage device containing the recovered data within a reasonable timeframe, the Company may initiate the disposal process. This typically occurs 30 days after the completion of the data recovery process. Before disposal, the Client will be formally notified of the impending action and provided with an opportunity to settle any outstanding payments and claim their device. We will provide 3 opportunities for the client to collect any devices/data belonging to them. We will contact all clients by email, text message and phone call. If no reply is received, all devices will be permanently destroyed at the 30-day mark. 

Considerations regarding device disposal:

  • Client Notification: The Company maintains open lines of communication with the Client throughout the storage period, regularly updating them on the status of their device and any impending actions, such as disposal.

  • Opportunity for Resolution: Clients are given ample opportunity to claim their device and settle any outstanding payments before disposal occurs. This ensures clients can retrieve their property and avoid unnecessary loss or inconvenience.

By clearly outlining the consequences of non-payment and the procedures for retaining data and disposing of unclaimed devices, the Company aims to uphold fair and transparent business practices while protecting its interests and assets.

9. Device Handling

9.1 Device Return

  • Return Policy: After the data recovery process, the original storage device will be promptly returned to the Client, together with the recovered data, unless alternative arrangements have been made and agreed upon by both parties. The Company recognizes the value and importance of the Client's property and is committed to facilitating its safe return promptly. To ensure a smooth and efficient process, the Company will take all necessary precautions to securely package the device for return shipment, minimizing the risk of damage or loss during transit.

Additional details regarding device return:

  • Packaging Standards: The Company adheres to industry best practices when packaging and handling sensitive electronic devices. Specialised materials and techniques may be utilised to provide adequate cushioning and protection against shocks and vibrations during transportation.

  • Shipping Method: Depending on the Client's preferences and location, various shipping methods may be available to return the device. Options such as express delivery or tracked shipping services may expedite the process and provide peace of mind to the Client.

  • Insurance Coverage: To mitigate the risk of loss or damage during transit, the Company may offer optional insurance coverage for the return shipment. This provides an added layer of protection and ensures that the Client's investment is safeguarded against unforeseen circumstances.

  • Return Confirmation: Upon receiving the returned device and recovered data, the Client will be requested to confirm receipt. This confirmation acknowledges the successful completion of the data recovery process and the safe return of their property. The Company values open communication and transparency with its clients and considers their feedback essential in maintaining high service quality standards and customer satisfaction.

Considerations regarding return confirmation:

  • Verification Process: To ensure accuracy and accountability, the Company may implement a verification process to confirm the recipient's identity and validate the receipt of the returned device. This may involve signing a delivery confirmation or providing a unique code or identifier associated with the Client's account.

  • Feedback Collection: In addition to confirming receipt, clients may be invited to provide feedback or testimonials regarding their experience with the data recovery service. This feedback is invaluable in identifying areas for improvement and refining our processes to meet our client's needs and expectations better.

By establishing clear policies and procedures for device return and confirmation, the Company aims to uphold its commitment to professionalism, reliability, and customer satisfaction throughout the data recovery process

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