Terms and Conditions

1. Device Assessment and Ownership

1.1 Ownership Verification

You confirm that you own the device or have legal authority to request data recovery services. We may request proof of ownership including purchase receipts, identification, or statutory declarations. Services may be suspended without satisfactory proof.

Device Verification: You are responsible for sending the correct device. If you’re unsure about a device’s contents, inform us before we begin. Once work commences and data is recovered, payment is due regardless of whether you sent the intended device or recognise the recovered data.

1.2 Assessment and Diagnostic Damage

CRITICAL WARNING: Our assessment process requires disassembly that WILL likely damage your device’s appearance and may prevent reassembly. Many devices (including LaCie external drives, sealed enclosures, tablets, smartphones) cannot be opened without breaking plastic clips, cracking housings, or permanently altering appearance.

By requesting assessment, you acknowledge:

• Your device may be returned damaged, scratched, or non-functional
• Some devices cannot be reassembled after inspection
• Destructive disassembly may be necessary for quote preparation
• All warranties will be immediately voided
• This applies even if you decline our quote

2. Device Damage and Liability Limitations

2.1 No Liability for Device Damage

We accept no liability for physical, cosmetic, or functional damage to your device during assessment, diagnostic work, or recovery services. This includes:

• Scratches, cracks, dents, screen damage, housing damage
• Broken clips, fasteners, seals, or tamper-evident features
• Inability to reassemble device to original condition
• Damage from necessary disassembly tools (knives, screwdrivers, prying tools)
• Any reduction in device value, functionality, or appearance

You waive all rights to compensation for device damage, regardless of whether you proceed with recovery services or the extent of damage caused.

2.2 Warranty Voidance

Any work we perform, including initial assessment, will immediately void all manufacturer warranties, extended warranties, and third-party warranties. We accept no responsibility for voided warranties and provide no compensation for warranty loss.

2.3 General Liability Limitations

We will not be liable for loss of data, loss of revenue or profit, device failure, or any consequential damages. If your device fails while in our possession, we are not responsible. You acknowledge that electronic devices may fail at any time.

3. Data Recovery and Success Definition

3.1 Recovery Expectations

Data recovery cannot be guaranteed. Some devices may yield no recoverable data, while others may only allow partial recovery. You are responsible for maintaining regular backups – data recovery is an emergency solution, not a substitute for proper backup practices.

3.2 Success Criteria

Successful recovery is defined as:

• Recovery of your documented critical files, OR
• Recovery of 95% or more of your device’s data

Critical files must be identified in writing at quote approval. Without specification, success is determined by the 95% threshold.

Our determination of recovery percentage and success is final. Success is based on technical recovery metrics, not whether data remains useful to you after recovery.

3.3 Clean Room Services

Devices requiring clean room work (damaged heads, seized motors) carry additional risks and costs. Success rates vary:

• No platter damage: 97-99% success rate
• Platter damage: Significantly lower success, possible complete failure

Clean room work requires a non-refundable attempt fee ($150-$1000, typically $350-$500) covering time, labour, and parts. If recovery fails, you pay only the attempt fee.

4. Payment Terms

4.1 Payment Due

Full payment is due within 14 days of work completion, before data release. Payment is required upon successful recovery as defined above, regardless of data usefulness to you.

Quote acceptance creates a binding obligation to pay upon successful recovery. This applies even if:

• You sent the wrong device
• Recovered data isn’t what you expected
• Data is no longer useful or relevant
• Your circumstances have changed

4.2 Late Payment Penalties

• After 14 days: 10% late fee
• After 30 days: Additional 15% (25% total)
• After 45 days: Additional 20% (45% total)
• Every 7 days thereafter: Additional 5% (maximum 20% extra)
• After 60 days: Debt collection with 25% collection fee

4.3 Data Storage

Recovered data is held free for 14 days after payment. After this, storage fees of $50 per week apply. We may delete data after 90 days.

4.4 Promotional Offers

Promotional discounts are only valid if payment is received within 7 days of invoice. Late payment voids all discounts, and full standard pricing applies.

5. Mobile Devices and Encryption

5.1 Password Requirements

Mobile phones, tablets, and encrypted devices require access credentials (passcode, PIN, password, pattern, encryption key). You must provide correct credentials within 7 days of quote approval.

5.2 Payment Despite Password Issues

Full payment is due even if you:

• Cannot remember the password
• Provide incorrect credentials
• Device becomes locked or erased
• Change your mind about providing passwords

Password issues are not our technical failure and do not void payment obligations.

6. Cancellation and Returns

6.1 Cancellation Policy

• Within 24 hours before work starts: Full refund minus diagnostic fees
• After 24 hours OR after work begins: 50% of quoted amount due
• Return shipping: $20 fee applies to all cancelled jobs

6.2 Device Storage and Disposal

Devices left with us for more than 60 days will be disposed of without liability. If payment remains outstanding after 90 days, we may dispose of equipment and delete recovered data.

Device Recycling: After successful recovery, we may retain and recycle your device for spare parts. All data is securely destroyed before recycling. Request device return at quote approval if required.

7. Service Limitations

7.1 Confidentiality

All recovered data remains private and confidential. Child exploitation material must be reported to law enforcement as required by law. Data requested by law enforcement will be provided in accordance with legal requirements.

7.2 Forensic and Legal Services

We do not provide forensic services and prefer not to be involved in litigation. Formal reports, chain of custody documents, and court attendance are declined. If required to attend court, fees of $600 per hour apply for all time including preparation and attendance.

7.3 Accessories and Additional Items

We are not responsible for cables, cases, SIM cards, memory cards, or other accessories sent with devices. Do not send accessories unless specifically requested.

8. Australian Consumer Law

Consumer Guarantees: Nothing in these terms excludes consumer guarantees under Australian Consumer Law that cannot be lawfully excluded. For consumer services, if we fail to meet a consumer guarantee, our liability is limited to re-supplying services or refunding the cost of having services supplied again.

Business Services: For services not of a kind ordinarily acquired for personal, domestic, or household use, our liability is limited to fees paid under the contract.

Australian Consumer Law applies regardless of your location within Australia.

9. General Provisions

9.1 Service Variations

We may suspend, cancel, or vary services due to unforeseen technical problems, legal changes, or circumstances beyond our control. If we cancel services, we’ll refund payments for services not received.

9.2 Force Majeure

Neither party is liable for performance delays caused by events beyond reasonable control including natural disasters, strikes, pandemics, government restrictions, or power failures.

9.3 Timeframes

Estimated completion dates are approximate only. We accept no liability for delays due to technical complexity, parts availability, or other factors beyond our control.

9.4 Governing Law

These terms are governed by New South Wales law. Courts of New South Wales have non-exclusive jurisdiction, though disputes may be brought in courts where you reside or services were performed.

9.5 Term Changes

We may amend these terms with 7 days’ notice via email or website. Continued use of services after amendments constitutes acceptance. You may terminate existing contracts within 7 days if you don’t accept amendments.

10. Acceptance

By submitting your device for assessment, requesting a quote, or proceeding with services, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.

Your submission of a device constitutes acceptance of all risks including device damage and waiver of related compensation claims.