Rapid Recovery - Guarantee Offer

Client Terms and Conditions of Service


1. General Information

1.1. Throughout these terms and conditions, references to “Rapid” relates to Rapid Recovery Software as hosted on the www.rapid-recovery.net website. The term “Client” or “Customer” relates to any person, firm, company or any other party that has purchased the Rapid Recovery software for £97. The terms “Approved Data Recovery Centres”, “Authorized Data Recovery Laboratory”, “Affiliated Data Recovery Companies”, “Authorized Dealers”, “Authorized Specialist” and “Authorized Laboratories” refers to any Third Party Specialist as named on our website www.rapid-recovery.net.

1.2. The client agrees to the terms and conditions relating to the purchase, operation and distribution of the software as detailed on the Rapid Recovery website: www.rapid-recovery.net.

2. Guarantee

2.1. If for any reason the Rapid Recovery Software is not effective at recovering the data for which it was purchased to recover, the client can retain the services of an Authorized Third Party Data Recovery Specialist to effect a recovery of their data at no additional cost.

2.2. The guarantee extends to the operational capabilities of generic data recovery software and no more. No action or operation falling outside the scope of general software is covered.

3. Authorized Third Party Data Recovery Specialists

3.1. Only Authorized Third Party Data Recovery Specialists can be utilised under the terms of this agreement.

3.2. A list of Authorized third party Data Recovery Specialists can be found on the ‘Guarantee’ page of the www.rapid-recovery.net website, under the heading ‘Approved Centres’. http://www.rapid-recovery.net/endorsements.html.

3.3. Under no circumstances whatsoever will Rapid Recovery contribute in any way towards costs incurred by the client if the recovery is conducted by a company which is not on the published list of approved/authorized centres.

4. Improper Use

4.1. The client acknowledges that they cannot install software on the same drive as the data that is to be recovered, as this could incur additional charges or result in the inability to recover lost data.

5. Service Level Agreement (SLA)

5.1. Rapid Recovery has a service level agreement in place with each of its Authorized Specialists.

5.2. The SLA provides for clients of Rapid Recovery. In the event that the Authorized Specialist receives media from a Rapid Recovery client, the client will not be charged by the Authorized Specialist for the costs of operating any data recovery software used in the process of effecting a recovery.

6. Limitations of SLA

6.1. All media sent for recovery under the terms of our guarantee must be received by the Authorized Specialist within 14 days of the purchase of the Rapid Recovery Software.

6.2. The SLA covers work required in the data recovery process that falls within the scope of the Rapid Recovery Software’s functionality. No operation outside the scope of the capabilities of the software is covered by the SLA.

7. Physical Problems

7.1. Neither the Rapid Recovery Software, nor any other data recovery software, is capable of recovering data from drives with physical problems. Consequently physical failures are not covered under the terms of the Rapid Recovery guarantee.

7.2. In the event that a physical problem is detected, it may be necessary for the Authorized Specialist to use additional parts for recovery e.g. HDA (head assembly) or replacing a PCB board etc. In the event that the Authorized Specialist has the required parts, the client will be charged a standard fee at the rate of £37. No costs will be incurred without the prior approval of the client.

7.3. In the event that the Authorized Specialist does not have the required parts in stock, it will be necessary to source parts from an external company. Typical costs range from approximately £40 for a common IDE drive, £90 for a modern SATA Drive, and up to £400 for a less common SCSI Drive. No costs will be incurred without the prior approval of the client.

7.4. Labour costs associated with fitting parts prior to recovery will be charged at the standard rate of £95 per hour. No costs will be incurred without the prior approval of the client.

8. Exiting the SLA

8.1. Should a client wish to exit the agreed service level agreement, and liaise directly with the Authorized Specialist in regard to costing or further diagnostic or recovery work, they may do so with no additional contractual obligations with Rapid Recovery. This would consequently result in the client binding themselves directly under the terms and conditions of the Authorized Specialist and releasing Rapid Recovery from the terms of the guarantee.

9. Failure to Recover Data By the Authorized Specialist

9.1. Should a quotation provided by an Authorized Specialist be refused by a client, then the client’s data will be deemed as ‘recoverable’ for the purposes of the Guarantee, providing that the Authorized Specialist was working within the SLA detailed in these Terms and Conditions.

9.2. Should neither the Rapid Recovery Software, nor the Authorized Specialist be successful in recovering the client’s data, Rapid Recovery will offer a full money back guarantee and a complimentary gift to the client.

10. Reconstruction of Corrupt Files

10.1. Rapid Recovery Software does not rebuild corrupt files e.g. PST files. The rebuilding of corrupt files, directory trees or data sets is outside the scope of the Rapid Recovery Software. Consequently, if it is necessary for one of Rapid Recovery’s programmers to be instructed to attempt to rebuild files, the client will be charged the cost of an attempted logical rebuild at the rate of £95 per hour. No costs will be incurred without the prior approval of the client.

11. Quotations

11.1. All prices quoted by our Authorized Specialists are exclusive of VAT (currently 17.5% of the total amount payable).

11.2. If additional costs are incurred for any reason the client will be asked for approval via a quotation prior to commencement. Acceptance of a quotation may be given in writing, verbally in person or via telephone, facsimile or electronic mail. Our Authorized Specialists reserve the right not to commence any recovery work until approval is given.

11.3. In the event that the client decides not to proceed with the recovery of data, after approval has been given, our Authorized Specialists reserve the right to charge the client for any work and/or parts used to date. This charge is at the discretion of the company in question and may be equal to, but not exceed, the total approved amount for the recovery process.

12. Backing up Data

12.1. It may be necessary for the Authorized Specialist to copy or ‘back up’ the recovered data to another media in order to get it to the client. If this is required the Authorized Specialist may do so using any suitable media. Examples include, but are not limited to, CD-ROM, DVD-ROM or a replacement external hard drive at a cost of £17.50 per CD-ROM and £19.50 per DVD-ROM. For larger quantities of data it may be necessary for the Authorized Specialist to supply a 500Gb LACIE (or similar make) external hard drive. The cost of this hardware is £159.

12.2. All replacement media have a warrantee period of seven calendar days from the date of dispatch from any of our Authorized Specialists, during which time they will replace or repair any goods deemed to be faulty. After this time period, any warranty lays solely with the manufacturer of the goods and not with our Authorized Specialists. If, after a time period of three working days, any further data recovery services are required from a returned media, it shall be charged at the Authorized Specialists standard rate.

13. Delivery and Carriage

13.1. The client may collect their data from the office of the Authorized Specialist between the hours of 9.00AM and 5.30PM.

13.2. If collection is not convenient, the client may ask the Authorized Specialist to return their data via the postal service at a postage and packaging cost of £17.50. A next day traceable service is also available. Examples of this include, but are not limited to, Royal Mail Special Delivery, Business Post, UPS, TNT or City Link next day delivery, at a cost of £19.50.

13.3. Rapid Recovery takes no responsibility whatsoever for delays caused as a result of the postal network. In these circumstances no compensation will be given for loss of profits, inconvenience etc., unless previously agreed to by our Authorized Specialists. Furthermore, Rapid Recovery accepts no responsibility for any media lost or damaged within the postal network.

14. Conflict

14.1. If a conflict occurs between the terms and conditions of Rapid Recovery’s guarantee as detailed in this document, and those of the Authorized Specialist, the following rules apply:

  • Where prices specified in this document vary from those charged by the Authorized Specialist then the prices in this document will prevail.
  • In all other matters the terms and conditions of the Authorized Specialist will prevail.

15. Disclaimer

15.1. Rapid Recovery assumes no responsibility or liability for loss or damage incurred as a result of use or reliance upon the Rapid Recovery Software.

15.2. Rapid Recovery assumes no responsibility or liability for loss or damage incurred as a result of its guarantee.

 

These Terms and Conditions were last modified on 7th February 2008.

 

Rapid Recovery Copyright © 2002 – 2007 Rapid Recovery Ltd.
All rights reserved

SOFTWARE END USER LICENSE AGREEMENT

This is a legal End User License Agreement (“EULA”) between you (an individual or entity), later referred to as “LICENSEE,” and Rapid Recovery Ltd., later referred to as “RRL,” for the software product Rapid Recovery, later referred to as “SOFTWARE.”

The terms and conditions given in this EULA govern the purchase, installation, copying and use of the SOFTWARE by you, the LICENSEE. Please DO NOT install, copy or use the SOFTWARE in any way if you do not perfectly understand and agree with each and all of the said terms and conditions.

By the act of purchasing, installing, copying or otherwise using the SOFTWARE, you acknowledge and confirm that you have read and understood all the terms and conditions in this EULA and agree to be bound by them.

1. SOFTWARE LICENSE – RIGHTS AND LIMITATIONS

The SOFTWARE is the intellectual property of RRL and is fully protected by national as well as international laws and treaties that govern copyright and intellectual property rights in the country and worldwide.

The SOFTWARE is not sold but only licensed to you, the LICENSEE. When you purchase the SOFTWARE, you only acquire the license and the right to use the SOFTWARE, duly circumscribed by the terms and conditions of this EULA. The license granted to you for the use of the SOFTWARE is not transferable.

This EULA grants you, the LICENSEE, the following rights and imposes the following limitations:

(i) You, the LICENSEE, have the right to use the SOFTWARE. “Using the SOFTWARE” is defined as loading, downloading, installing or running the SOFTWARE by you, the LICENSEE, on your desktop workstation, server or laptop (later referred to as “COMPUTER” or “COMPUTERS”).

(ii) You, the LICENSEE, may use the SOFTWARE on computers owned and leased by you, subject to a maximum of three computers. You DO NOT have the license or right to use the SOFTWARE on computers not owned and leased by you, and it is prohibited under the terms of this EULA.

(iii) You, the LICENSEE, are prohibited from using the SOFTWARE for illegal or unlawful purposes and from using the SOFTWARE to commit or assist an offence or crime as defined by the laws of the land and international law. You have the right and license to use this SOFTWARE strictly in compliance with all applicable laws of the land and international law.

(iv) You, the LICENSEE, are prohibited from making further copies of this SOFTWARE, except a single copy for backup purposes for your own use.

(v) You, the LICENSEE, are prohibited from making attempts to reverse engineer, modify, recompile, disassemble, take apart and translate the SOFTWARE, in whole or part. You are also prohibited from making any attempts to discover the source code of the SOFTWARE or create derivative works based upon it.

(Vi) You the LICENSEE, are prohibited from selling, reselling and / or distributing copies of this SOFTWARE or its license key, in whole or part. You also may not provide, transfer or transmit the SOFTWARE or make it accessible in any form, in whole or part, to another party for unauthorised use.

(vi) You, the LICENSEE, are prohibited from loaning, renting, leasing, licensing or sublicensing the SOFTWARE, its copies or license key, in whole or part.

2. LIMITED SUPPORT AND SERVICE

You, the LICENSEE, will not be provided any support (technical or otherwise) by RRL under the terms and conditions of this EULA.

3. WARRANTIES AND LIABILITIES – DISCLAIMER

The SOFTWARE (and other files or software programs that may accompany it from time to time) do not carry warranties as to performance or any other warranties, whether expressed or implied. The SOFTWARE is sold to you, the LICENSEE, “as is” and you use it at your own risk and responsibility. RRL does not give any assurance or guarantee that the SOFTWARE will be able to make full or partial data recovery and perform to your satisfaction.

RRL disclaims and disowns any liability, direct or indirect, for consequential damages arising from the use of the SOFTWARE.

In no event shall RRL or its contributors, employees, contractors, distributors, resellers, suppliers, agents and representatives be liable for any direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services, any loss or damages to data, information, property, assets, premises and profits, monetary and non-monetary loss, interruption in work or business activity and loss of business opportunity) however caused and on any theory of liability arising in any way out of the use of this SOFTWARE, even if advised of the possibility of such damage.

In any case, the entire liability and responsibility of RRL shall be limited exclusively to and not exceed beyond replacement of the SOFTWARE.

4. INTELLECTUAL PROPERTY RIGHTS

You may not remove any titles, trade marks or trade names, copyright notices, legends or other proprietary markings on the SOFTWARE. You are not granted any rights to any trademarks or service marks of RRL.

All patents, patent applications, trademarks, copyrights or other intellectual property rights covering subject matter in this document remain the exclusive property of RRL and you, the LICENSEE, are not granted any license or rights to these.

5. GOVERNING LAW AND JURISDICTION

This EULA shall be governed by the laws of Wales and the laws of United Kingdom applicable therein. All legal disputes and claims arising from the purchase or use of this SOFTWARE shall be subject to the non-exclusive jurisdiction of the competent courts of Wales, UK. You hereby unconditionally and irrevocably agree to submit to the non-exclusive jurisdiction of these courts.

If any provision of this EULA shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this license and not affect the validity and enforceability of any other provisions.

6. ALL RIGHTS RESERVED

The RRL reserves all rights not expressly granted here.

7. ACKNOWLEDGEMENT

I, the LICENSEE, acknowledge that I have read the above EULA and agree with all the terms and conditions of the agreement. I also accept that this EULA supercedes any prior agreement, written or verbal, which may exist between me and the RRL on the subject of the SOFTWARE.

© Rapid Data Recovery 1999 – 2018
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