The data recovery process is governed by enforceable laws, especially by the Law on personal data protection, and the Commercial Code. After delivery to the customer,
all the entrusted data is deleted within 30 days without any copy or backup.
In respect of the nature of the services, the prices are contractual and individual. Unless agreed otherwise,
the payments on behalf of the Service will be cash at the address of the Service, not later than in the moment
of release of the recovered data and/or the memory media. Unless agreed otherwise, the transfer expenses are
covered by the customer. Unless stated otherwise, all the prices listed in this protocol, as well as all the prices set
by the Service in relation to this order are and will be without VAT. Unless stated otherwise, the contractual hourly rate
is 100 € without VAT (120 € including VAT).
Unless stated otherwise, the customer imparts the memory media to the Service as non-functional, and orders evaluation
of data retrieval possibility for each individual piece. The Service will perform the evaluation without any charge.
In case of a request for an express evaluation, the customer will be charged a fee of 100 € without VAT (120 € including VAT);
in case of a consequent execution of the data recovery in an express mode will be provided a discount of 100 € without VAT
(120 € including VAT). Based on the results of the evaluation, the Service will decide if and under what conditions it is
possible to perform the data recovery. The consequent order of the data recovery by the customer shall be done in written
form or via internet. In case of avoidance of the Contract, the customer is obligated to pay any expenses arisen to the Service
before the avoidance of the Contract. All the used means, including any partially used materials (such as replacement parts),
remain even after the termination of the works in the ownership of the Service.
The customer takes into account that the provided service is not a repair or adjustment of the item pursuant
to Article 652 of the Law No. 40/1964 Coll. (Civil Code). By signing this protocol, the customer gives consent
to any required disassembly (opening) of the memory media for the purpose of evaluation of the possibility of data
retrieval, or for the data retrieval itself, and the customer acknowledges that by such intervention a warranty provided
by the manufacturer of such memory media can be voided. The customer also agrees that the Service will dispose
of any defective parts, and in case of not being able to recover the data from the memory media, to dispose of the media
after the service. Shall the customer insist on returning the defective parts, he/she is obligated to apply for it in written
form no later than on the ordering day. Shall the customer insist on returning the memory media, he/she is obligated
to pick it up no later than 30 days after delivering the media to the Service. If he/she fails to pick up the media
in the aforementioned period, the Service can (if the data recovery was not successful) dispose of the media, or
(if the data recovery was successful) the Service can charge the customer a storage fee of 1 € without VAT (1.20 €
including VAT) for each initiated day for each individual item stored starting on the 31st day after delivering the items
to the Service. The customer is obligated to request returning of the memory medium at least one working day
before personal pickup. Unless stated otherwise, it is understood that the memory media delivered by the customer
for the copy of the recovered data does not contain any data which shall be preserved and that the Service can change
their content (overwrite, delete).
For the purpose of this contract data recovery is defined as an endeavour of the Service to recover the data as much
as possible in respect to the case conditions, especially by the technical condition (the type and extent of damage)
of the medium or data and the agreed conditions. The Service is not liable for the overall operation of the device
of which the memory media was part or for the operation of the contained operating system. The success rate
of the data recovery is always measured as a ratio between the read sectors and their total number. Depending
on the error distribution in the file system, the final ratio of the damaged files can be higher. Unless stated otherwise,
the data recovery is considered perfect if the success rate is at least 95 %. If the parties agree on the processing
method “data-mining” (“DM”), the customer acknowledges that this is not a standard service and that in this way
recovered data can be partially unreadable, not complete and/or may not contain the data required by the customer.
The customer is obligated to check the data integrity and faultlessness no later than the first working day following
the acceptance of the recovered data, to the extent respecting the nature of the defect, and the results of the inspection
and evaluation of the possibility to recover the data. If the customer does not express any claims within this timeframe,
it is understood that the Service can delete any working and back-up copies of the entrusted data. If the data was
changed in any way after acceptance by the customer, the customer can not claim the right of the liability for defect
performance. In case of an unauthorized claim the Service can charge all expenses and time spent based on the contractual hourly rate.
All the information on the data recovery
is part of the business secret and as such, the Service is not obligated to convey it. The customer acknowledges
that all communication (including the communication over a phone) can be recorded and archived by the Service.
The customer gives express consent to the Service for the sending of business announcements.
The goods will be returned by the Service only upon this protocol or a valid ID.
