Terms and Conditions

1. Authorization and Ownership

The client authorises the employees and contractors of Data Recovery Professionals Australia Pty Ltd (trading as Payam Data Recovery) to receive and transport their device to and from their facilities by courier.

The client represents, warrants, and affirms that he/she is the owner of or corporate representative for the device sent for data recovery.

We reserve the right to request documentary evidence of your ownership or legal right to the Device and Data at any time. We may suspend or refuse to commence Services without satisfactory proof of ownership. Acceptable documentation may include original purchase receipts, proof of identity, statutory declarations, or other evidence we deem sufficient.

Device Verification Responsibility: You are solely responsible for ensuring you send us the correct device for data recovery. We recommend clearly labeling your device and verifying its contents before sending it to us. If you are uncertain about what data is on a device, please inform us BEFORE we begin recovery work. Once work has commenced and data has been successfully recovered, payment is due regardless of whether the device was the one you intended to send or whether you recognize the recovered data.

The client is responsible for providing accurate information about the device failure, history of the device, and any previous recovery attempts. Failure to disclose prior repair attempts or modifications may affect recovery success and will not void payment obligations.

You confirm that your provision of the Device to us for data recovery services complies with all applicable Australian laws, including data protection and privacy laws. You have obtained all necessary consents and permissions required under Australian law to request these services.

2. Device Storage and Disposal

Any property left with Payam Data Recovery for more than 60 days will be disposed of, sold, reused, or recycled. In this case, Payam Data Recovery is without liability to the client or any third party.

If payment remains outstanding 90 days after the due date, we may, without further notice or liability to you, dispose of your Equipment and/or delete recovered Data in accordance with applicable law. This right to dispose of property does not waive or reduce any late payment fees, interest charges, or debt collection costs that have accrued under these terms.

Device Recycling for Parts: After successful data recovery, we reserve the right to retain and recycle your original device or its components for use as spare parts in future recoveries. All client data will be securely destroyed from the device before any recycling occurs. If you wish to have your original device returned, you must specify this at the time of quote approval.

3. Data Recovery Expectations

The client understands that, although our success rate is extremely high, data recovery cannot be guaranteed. There are cases where no data at all can be recovered or only some of the data can be recovered.

The client understands that a hard drive, SSD, mobile phone, tablet, USB flash drive, memory card, or any other electronic device may fail at any time – even while in possession of Payam Data Recovery. The client shall not hold Payam Data Recovery responsible in any way for any such failure.

Client Backup Responsibility: It is exclusively your responsibility to maintain regular backups of all important data, documents, files, photos, and any other content. While we will use our best efforts to recover your data, the primary responsibility for data protection lies with you as the device owner. Data recovery services are an emergency solution and should never replace proper backup practices.

We strongly recommend maintaining regular backups of all important data. Data recovery services should not be considered a substitute for proper backup procedures.

4. Service Completion Timeframes

We will use our best efforts to complete the Services by any estimated completion date provided. However, estimated timeframes are approximate only and we accept no responsibility and will not be liable for failing to complete the Services by any estimated completion date. Delays may occur due to technical complexity, parts availability, shipping delays, or other factors beyond our control.

5. Limitation of Liability

In no event will a contractor or employee of Payam Data Recovery be liable for any loss of data, damage to the device, loss of revenue or profit, or any other consequence of the service provided.

Payam Data Recovery will not be held liable if your device has any additional data loss due to any work done by our staff, e.g. a mobile phone that is reset/erased or a hard drive that is erased. Everything we do is done in a safe way and our staff follow strict procedures to ensure everything possible is done to recover your data without the risk of any data loss/additional problems. However, in the event of any mistake or human error, Payam Data Recovery will not pay any compensation or provide any financial payment to the client.

6. Device Damage Liability

Payam Data Recovery will not be held liable for any physical or cosmetic damage to your device resulting from our data recovery work. This includes but is not limited to: scratches, dents, cracks, screen damage, housing damage, broken clips or fasteners, discoloration, or any other physical or cosmetic damage that may occur during disassembly, repair, testing, or reassembly of the device. This applies to all device types and brands including but not limited to: computers (desktop and laptop), mobile phones, tablets, hard drives, SSDs, RAID arrays, servers, and any other electronic storage devices.

You explicitly acknowledge and accept that the data recovery process may require disassembly of your device, which may result in damage to screens, glass, protective cases, housing, seals, or cosmetic appearance. This is particularly relevant for sealed devices such as laptops, tablets, and smartphones where access to internal components requires removal of screens, back panels, or other components. The device may not be returned in the same cosmetic condition as received. By submitting your device for recovery, you accept these risks.

By approving your quote, you acknowledge and accept all risks related to potential device damage.

7. Accessories and Additional Items

If cables, cords, power supplies, SIM cards, memory cards not being recovered, protective cases, bags, or other accessories are sent with your Device, Payam Data Recovery is not responsible for these items. We will not be held liable for lost, damaged, or missing accessories. Do not assume Devices will be returned in the same packaging used to send them to us. We recommend not sending any accessories unless specifically requested by our staff.

8. Confidentiality and Privacy

Payam Data Recovery always agrees to keep all data recovered private and confidential. Any child pornography found must be reported to a respective law enforcement division, as this is required by law. All other data will remain confidential in accordance with privacy laws. If any data that we recover is requested by law enforcement, this will be provided in accordance with the law.

Data Handling by Technicians: Our recovery technicians are authorized to access your data only to the extent necessary for completing the recovery process and verifying data integrity. Technicians are prohibited from browsing, copying, or viewing client data beyond what is required for recovery and verification purposes.

9. Payment Terms and Successful Recovery Definition

A full payment is due prior to the release of data, unless a previous arrangement has been made.

The remaining balance becomes payable when we achieve a successful recovery, defined objectively as: (a) recovery of your specifically identified critical files, OR (b) recovery of 95% or more of your device’s data. Success is determined by technical recovery metrics, not by whether the data remains useful to you after recovery. You may verify all recovered data via TeamViewer before payment.

Critical Files Documentation: Critical files must be identified and documented in writing at the time of quote approval. Failure to specify critical files means success will be determined solely by the 95% recovery threshold.

Determination of Success: Payam Data Recovery’s determination of recovery percentage and success criteria is final and binding. Recovery percentage is calculated based on total file count and/or storage capacity recovered compared to the device’s original state, as determined by our technical assessment.

Data Usefulness: Payment is based on successful technical recovery of your data, not on whether the recovered data remains useful, relevant, or current to you at the time of recovery completion. Changes in your business needs, circumstances, or the passage of time do not affect your payment obligation once a successful recovery has been achieved. This includes but is not limited to: files becoming outdated, projects being cancelled, businesses closing, legal matters resolving, or any other change in circumstances.

9.1 Client Device Identification and Acceptance of Recovery Results

1. Upon submitting your device for data recovery, you confirm that you have identified the correct device and that you wish to recover data from that specific device.
2. If we successfully recover data from the device you submitted to us (meeting the success criteria defined in these terms), you are liable to pay the full quoted amount regardless of:
   • Whether the device was the one you intended to send
   • Whether the recovered data is what you expected or hoped to find
   • Whether the recovered data is still useful or relevant to you
   • Whether you recognise or remember what data was on the device
   • Whether you are satisfied with the content of the recovered data
3. Binding Agreement: By accepting our quote (verbally, by email, in writing, or in person), you enter into a legally binding agreement to pay for our services upon successful completion as defined in these terms. This agreement to pay is not contingent on your satisfaction with the content of the recovered data, only on our successful technical recovery. Quote acceptance constitutes your commitment to pay the agreed amount if we achieve technical success as defined in Section 9.
4. Partial data recovery (recovering some but not all data) is charged at the same rate as full data recovery, provided we meet the success criteria defined in these terms.

9.2 Payment Methods

Payment Methods accepted: Visa, Mastercard, American Express, EFT/Bank transfer. Cash or Cheques are not accepted unless approved by management prior to receiving this payment. All prices quoted include GST.

9.3 Data Verification and No Refunds

Once the data recovery work is completed, you are welcome to examine/test any files you like using TeamViewer software. Once you take the data out of our office, or if you make a payment and we deliver it to you by a courier – there is no refund for any reason.

Data Integrity: We do not examine the contents, functionality, or completeness of individual files during the recovery process unless specifically requested and paid for as an additional service. We accept no responsibility for the contents, integrity, functionality, corruption, compatibility, or usefulness of any recovered data. Our recovery services include verification that files can be accessed and copied, but not verification of their contents, functionality, or fitness for your intended purpose.

9.4 Payment Deadlines

Payment is required within 14 days of the work being completed. You can pay by Credit card or EFT/Bank transfer. We will need your full payment provided in cleared funds before we return your data to you.

9.5 Late Payment Fees

Payment after 14 days will incur a late payment fee of 10% for late payment. If the payment is still due at 30 days, 15% will be added and at 45 days, 20% will be added unless this is waived due to special circumstances by our staff prior to approving the quote.

Additionally, for every 7-day period where payment remains outstanding after 14 days, an additional 5% penalty will be added to the outstanding balance (up to a maximum additional 20%). This escalating penalty is in addition to the percentage-based late fees specified above.

We promise to do the work you ask us to do, and we expect prompt payment for our work. If you do not pay us within 60 days, a debt collector will be used, and you will be charged an additional 25% fee by the debt collector. This 25% fee of the invoice will be billed to the client and will not be paid by Payam Data Recovery.

9.6 Data Storage After Recovery

Recovered data stored on our systems after completion will be held for 14 days at no charge from the time payment is received and the data is either shipped to you by post/courier or picked up and paid for in person. After 14 days, a storage fee of $50 per week will apply. After 90 days, we reserve the right to securely delete the recovered data.

9.7 Promotional Discounts and Special Offers

Any promotional discounts, special offers, or reduced pricing are only valid if full payment is received within 7 days of the invoice date. If payment is not received within this timeframe, the full standard recovery fee (without discount) becomes payable. This clause applies to all promotional pricing, coupon codes, limited-time offers, and any other form of discount or price reduction.

10. Cancellation Policy

If you approve your quote and request cancellation within 24 hours AND before we begin work, we will provide a full refund minus any diagnostic fees already paid.

If you cancel after 24 hours OR after we have started work (whichever comes first), the following applies: If payment has already been made, the payment you have made will be kept, we can stop work and return the device to you at no additional cost. If no payment has been made, we require 50% of the quoted amount you approved to cancel the job. For example, if the quote was for $1000, and you cancel the job after we have started work or have completed work, we expect payment of $500.

A return postage and handling fee of $20 (including GST) applies if you request the return of your device for any cancelled or non-recoverable jobs.

11. Service Variation and Suspension

We reserve the right to suspend, cancel, or vary the Services if: (a) we encounter unforeseen technical problems or technical changes are required; (b) to reflect changes in relevant laws and regulatory requirements; (c) you request changes to the Services; or (d) circumstances beyond our reasonable control make it impractical or impossible to continue with the original scope of work. If we cancel the Services, we will refund you for any Services paid for but not received. If we vary the Services, we will notify you and negotiate any fee variation with you in good faith before proceeding with the varied Services.

12. Recovery Process and Guarantees

If the method of data recovery we quoted you for fails, we may offer you another method and provide you with a revised quote which will be higher in price. This will be an obligation-free quote.

We cannot guarantee how much data can be recovered from your device, we will only know when we complete the recovery attempt. We strive to retrieve all possible recoverable data. You will be permitted to test the data using TeamViewer software and check if your important files are in good condition before you pay us. Our goal will be to recover your most important files, as well as all other data, in the best condition possible.

13. Recovery Warranty

We provide a 7-day warranty on recovered data delivered to you. If there are technical issues with the recovered files within 7 days of delivery, we will re-attempt the recovery at no additional charge. This warranty does not apply if you have modified the recovered data or if the original device has been altered after our work was completed.

14. No Fix, No Fee Policy and Non-Refundable Attempt Fees

This is all information you should know and understand. Please contact us if you have any questions, we would be happy to explain further.

14.1 Standard Recovery (No Fix, No Fee)

For most common problem types including logical problems, file system problems, bad sectors/read errors, damaged PCB, firmware problems, or deleted files/reformatted drives, if we cannot recover your data, you will be given a full refund. In 99% of these cases, the data is usually recoverable when we spend the time to do the work and have no unexpected problems. If not, we will refund your money.

14.2 Clean Room Recovery

If your hard drive has damaged heads or a seized spindle motor, our class-100 clean room team is required. Our elite team of highly skilled, professionally trained, expert clean room engineers at our main lab in Rhodes, NSW, Australia will work on your hard drive. We also operate offices in Sydney, Melbourne, Brisbane, Adelaide, and Perth to serve customers across Australia.

14.3 Clean Room Success Rates

If there is no damage to the platters, there is usually a 97-99% chance of getting your data back. If there is damage to the platters, there is usually a much lower chance of success, and it is possible no data at all may be recoverable, or only a partial recovery may be achieved. Sometimes the damage is easily visible, sometimes it’s not possible to see it at all but damage exists.

14.4 Non-Refundable Attempt Fees

In cases requiring clean room work, we will inform you that clean room work is required and seek your permission to continue. We will inform you that a non-refundable attempt fee (typically ranging from $150 to $1000, with $350 and $500 being most common amounts) will apply to cover our time, efforts, labour, and any spare parts if required. The specific non-refundable amount will be clearly stated in your quote. No discounts or offers can be used for this non-refundable amount.

If we cannot recover your data, there is no extra money due. The amount you agreed to will remain the same. However, if for any reason the data cannot be recovered (usually due to damage to platters being too severe, or damage to platters repeatedly affecting our spare parts and not responding successfully to our repair attempts), we will keep the non-refundable attempt fee you agreed to pay us to cover the cost of our time, labour, efforts, and expertise in attempting to recover your data.

We apply industry-leading expertise and employ proven methodologies to give you the maximum chance of getting your data back when our class-100 clean room team is needed. As mentioned, if this type of work is required, we will ask for your permission before we start this invasive, complex data recovery work.

14.5 Additional Fees for Tampering or Third-Party Attempts

If your Device shows evidence of physical tampering, unauthorized opening, previous data recovery attempts by third parties, or other modifications, we reserve the right to charge an additional fee as part of the total quoted price or as an upfront non-refundable attempt fee. This additional fee covers the increased complexity, reduced success probability, and additional time required when dealing with previously attempted recoveries or tampered devices. Any such additional fees will be disclosed to you before we commence work.

15. Special Case Lab Services

If for any reason the data is not recoverable using our standard methods, our special lab services may be offered to you as an optional upgrade service at additional cost. Special case lab projects may take significantly longer, but in an effort to help you get your data back, we will dedicate considerable time and effort to attempt this work as a research project. This is usually due to damage to platters that would normally be deemed not recoverable by other data recovery companies.

16. Priority and Rush Services

Rush or priority service is available at an additional fee to be quoted separately. Standard turnaround times apply unless priority service is purchased.

17. Password and Encryption Requirements

17.1 Mobile Devices, Tablets, and Encrypted Storage

For mobile phones, tablets, smartphones, and any encrypted storage devices, access to the device’s passcode, PIN, password, pattern lock, fingerprint data, or encryption key is absolutely essential to perform data backup, extraction, or recovery services.

17.2 Customer Acknowledgement and Agreement

By approving a quote for mobile device or encrypted device recovery, you explicitly acknowledge and agree to ALL of the following:

a) You understand that without the correct passcode/PIN/password/encryption key, data recovery completion is impossible or severely limited.

b) You confirm that you KNOW the correct passcode/PIN/password and will provide it to us within 7 days of quote approval.

c) You agree that if you cannot provide, do not know, have forgotten, or provide an incorrect passcode/PIN/password:

• This is NOT a failure of our data recovery services
• You remain liable for FULL PAYMENT of the quoted amount
• Payment is due within 7 days of us informing you that we cannot proceed without the correct access credentials

d) You acknowledge that attempting to guess passwords or attempting to bypass security features may result in permanent data loss, device lockout, or data erasure, and you hold us harmless for any such outcomes.

17.3 Password Collection Process

When you approve a quote for mobile device recovery, we will request the passcode/PIN/password in writing. You must provide this information within 7 days. If you fail to provide it within this timeframe, or if the credentials you provide are incorrect, the full quoted amount becomes immediately payable.

17.4 No Refund Policy for Password Issues

There are no refunds, credits, or payment waivers if:

• You cannot remember or provide the password/PIN/passcode
• The password/PIN/passcode you provided is incorrect
• The device becomes permanently locked or erased due to password attempts
• You changed your mind about providing the password after work commenced

This clause takes precedence over our “No Data, No Fee” policy, as the inability to access password-protected devices is not a failure of our technical recovery capability but rather a limitation imposed by the device’s security features and your inability to provide required access credentials.

18. Legal and Forensic Services

Our data recovery services are not being offered as a forensic service. Our company and staff do not wish to be involved in litigation, court cases, or legal matters for our own privacy, protection, and preference of the kind of work we wish to do. If you request a report, chain of custody document, or other formal documents, these will be refused. If we are requested to attend court in future due to any work we do for you, you will be charged $600 AUD per hour for our time for any time at all regarding reviewing documents, preparing documents, or time in person to meet with you, lawyers, or in court.

19. Force Majeure

Neither party’s performance of any part of this agreement shall be deemed to be in breach of these terms to the extent that such performance is hindered, delayed, or made impractical by events beyond the reasonable control of that party, including but not limited to: acts or omissions of the other party, flood, fire, earthquake, strike, industrial action, war, riot, civil unrest, act of terrorism, pandemic, epidemic, government restrictions, power failure, internet or telecommunications failure, unavailability of parts or software, or any other cause beyond the reasonable control of either party. Upon the occurrence of any such event, the affected party will notify the other party of the nature and extent of the event so that appropriate decisions can be made to mitigate any negative effects.

20. Australian Consumer Law

Consumer Guarantees: If any consumer guarantee under Division 1 of Part 3-2 of the Australian Consumer Law applies to services provided by Payam Data Recovery, to the extent permitted by law, Payam Data Recovery limits its liability for failure to comply with a consumer guarantee to one of the following at our election: (a) supplying the services again; or (b) payment of the cost of having the services supplied again.

To the extent the services are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, our liability is limited to the amount of fees paid by you under the relevant contract.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be lawfully excluded. This includes consumer guarantees relating to acceptable quality, fitness for purpose, and the supply of services with due care and skill.

The Australian Consumer Law applies to our services regardless of which Australian state or territory you reside in or where services are performed.

For the purposes of this clause, “Australian Consumer Law” means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

21. Amendment of Terms

We may amend these Terms by providing notice to you via email or through our website. Amendments will take effect from the date specified in the notice (being no less than 7 days from the date of notice). If you do not accept the amended Terms, you may terminate any existing contract with us by providing written notice within 7 days of receiving notice of the amendments. If you continue to use our services or perform your obligations under any contract after the effective date of the amendments, you will be deemed to have accepted the amended Terms. If you terminate under this clause: (a) we will refund you for any Services paid for but not received; and (b) you must pay us all amounts due and payable within 7 days.

22. Governing Law and Jurisdiction

These terms and conditions are governed by the laws of New South Wales, Australia. The courts of New South Wales, Australia shall have non-exclusive jurisdiction over any disputes arising from these terms or our services. This means that disputes may also be brought in the courts of the state or territory where you reside or where the services were performed.

23. Manufacturer Warranty Voidance

Any work we perform on your device may void manufacturer warranties or third-party warranties. If you intend to make a claim under manufacturer or third-party warranty after our data recovery attempt, we highly recommend you obtain written consent from the manufacturer or third party BEFORE we commence any recovery work. We are not responsible for any voided warranties as a result of our data recovery services.

24. Acceptance of Terms

By approving a quote or proceeding with our services, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.