Data Recovery Agreement
By using our website or by submitting your hard drive or other device for data recovery service you agree with the terms and conditions in this service agreement. If you do not wish to be bound by these terms, do not utilize our services or this website.
Shipping Instructions
Hard drives are very sensitive to strong shocks and vibrations and they should be handled with care to avoid further damage. The instructions on how to properly package your hard drive or other device before sending it to us for data recovery service are found here.
We are not responsible for lost, delayed, damaged or mishandled packages. For damaged or lost items please contact UPS immediately at 1.800.PICK.UPS to file a claim.
My Data is back is not responsible for shipments where the sender cannot present proof of delivery. Use a delivery method that allows you to track your shipment.
For most data recovery projects we send a UPS prepaid mailing label to your email account. By using this prepaid label you will be able to track you shipment.
No express or implied claims
We do not make any claims regarding the data recovery success rate or whether any storage device can be repaired or not. Our data recovery professionals always make their best effort in order to rescue your data.
Hard drives and other storage devices are very sensitive electronic components, customer understands that while we always try to prevent additional damage or data loss there is an inherent chance of this happening as part of the data recovery process.
Unclaimed data recovery
Any unclaimed data will be destroyed after 30 days from the time the order is submitted. After this 30-day period we will not be responsible to you or any other parties for such data or the failed device.
Data Ownership
By submitting a request for data recovery service you agree that you are the owner of the data in the failed device or that you are acting on behalf and with the consent of the data's legal owner.
Our Liability
My Data is Back provides data recovery services for damaged hard drives and other storage devices. Our services are offered without any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose that are disclaimed. In no event shall My Data is Back be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data loss, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of our services, even if advised of the possibility of such damage. In no event shall our maximum aggregate liability exceed the total amount paid by you for our services.
Thirty day data recovery guarantee
Make sure to check all data we recover from you within our 30-day guarantee. My Data is Back guarantees that your recovered data will be usable and not corrupted in any way. If you are unable to use any or all of your data contact us so we can rectify the problem if possible. This includes additional data recovery attempts and shipping at our cost. In case we are unable to recover any data as promised to you we will issue a total or partial refund. Partial refunds are issued in case of partial data recovery.
Non-refundable diagnostics fee
All data recovery jobs require a $60.00 non-refundable diagnostics fee. This fee is not refundable and is applied whether we are able to recover your data or not.
Non-refundable $140 clean room hard drive deposit fee
Hard drives with mechanical problems such as clicking noises need to be fixed in a clean room as the first part of the data recovery process. The $140 non-refundable clean room hard drive deposit is used to purchase one or two donor drives. Parts from the donor drives are used to try to fix your damaged hard drive. Donor drives usually get destroyed during the hard drive repair procedure. Donor hard drives can be returned to you upon request at no additional shipping cost. Unclaimed donor drives are disposed of within ten days after your data recovery job is finished.
Shipping Charges
We cover the initial shipping charges to have a single hard drive or laptop computer shipped to us, just make sure to use the prepaid UPS shipping label that we issue to your email account.
Heavier items such as a complete desktop computers, server, or a complete RAID system require customer to prepay for shipping charges. We recommend using any UPS shipping method that allows you to trace your package.
Extra shipping charges to have your failed hard drive or other device returned to you require separate payment. This applies whether we were able to recover your data or not.
Payment
Any fees prepaid by customer are always applied to your final data recovery bill. This includes the $60.00 non-refundable diagnostics fee and the $140 non-refundable clean room hard drive deposit fee. All fees must be paid in full upon data recovery completion and before any data is released to customer. Customer may agree to a partial payment when our data recovery professionals could not successfully recover your most important data as specified in the service request form or over the phone. We accept payments by credit card or check.
Confidentiality of your data
Your privacy is your right and our obligation. In no moment is the information contained in any hard drive or other device submitted to My Data is Back disclosed to any third parties.
We treat your information in the same way we would like ours to be treated, with care and respect. Only under final judicial order will your information be provided to the appropriate authorities.
Arbitration agreement
Any dispute or controversy arising of the use of this site will be resolved and settled through arbitration administered by the American Arbitration Association and conducted in Los Angeles, California, United States of America.
Jurisdiction
User agrees that the federal or state courts located in the city of Los Angeles, California, United States of America, shall have jurisdiction over any dispute, controversy or legal matter arising out of the use of this site. User agrees that a court located in the city of Los Angeles, California, United States of America has personal jurisdiction over you and that it is the proper venue.
External Links
We do not control and cannot be held responsible in any way for external links to other websites, these links are provided for your convenience only, use them at your own risk.
Information provided in this site “As Is”
While we make our best efforts to ensure that the information in this website is timely and accurate mydataisback.com makes no claims or warranties of any kind, either express or implied, including but not limited to merchantability and fitness for a particular purpose
Responsibility for the use of this site remains with the end user
User agrees that our liability arising out of any kind of legal claim cannot exceed at any moment the amount actually paid for our services.
We also reserve the right to modify these terms from time to time without notice. Please review this page periodically to remain up-to-date with the latest changes.
Updated June 3, 2011