General Terms of Contract
- In case of a STANDARD analysis (hard drive, RAID, SSD, pendrive, memory stick, magnetic tape, floppy, CD, DVD and other data media) the CLIENT has to submit the devices for data recovery. The devices can only be handed in during the opening hours of KÜRT Data Recovery Customer Service.
- KÜRT will take over the media for analysis only if the CLIENT has completed the online datasheet at adatmentes.kurt.hu/adatvesztes-bejelentese.
- In case of an encrypted media (e.g. McAfee, Bitlocker, etc.) the software/hardware tools needed for commencing work shall be provided by the CLIENT.
- The CLIENT acknowledges that opening up the media will render the guarantee void.
- The 6-digit reference number provided by KÜRT is needed for any kind of administrative procedure (requesting information, receipt/submission of devices, receipt of recovered data etc.). The CLIENT shall treat the reference number as confidential information, and may disclose it to any third party only at its own responsibility. Any possible damage incurred thereby shall be borne exclusively by the CLIENT, KÜRT assumes no responsibility for such cases.
- In case of a STANDARD analysis, KÜRT will give a price quotation for data recovery within 1 hour from receiving the device (3 business days for RAID, SSD and FLASH media), which shall include the service fee and the deadline for service performance. For this service no Expert Report is prepared. The service fee of SOS data recovery is specified by KÜRT on a case-by-case basis. In the case of unsuccessful SOS data recovery 20% of the service fee shall be paid. In the case of a CD, DVD, Floppy or Zip disk, the CLIENT can order data recovery at the price indicated on the current price list available at the website of KÜRT, without prior testing. For other media, KÜRT will test the media at a separate price.
- The CLIENT can choose if he wants to request data recovery or not, based on the price quotation. The CLIENT is not charged for STANDARD analysis if the data recovery is not feasible, or if the data recovery was not ordered on the basis of the analysis performed.
- The CLIENT acknowledges that if data recovery is ordered after receiving the price quotation, then KÜRT may issue an invoice of the service fee calculated for data recovery. KÜRT may invoice 100% of the service fee even if the CLIENT orders the data recovery despite the fact that KÜRT have not recommended it due to significant loss of data. KÜRT may indicate in its price quotation if the CLIENT is to pay minimum 20% of the service fee owing to the complicated nature of the recovery process (mandatory 20%). After the order has been placed any modification in the contract is not possible (including the billing address)!
- In the end of a closed data recovery process an Expert Report (charged separately) may be requested by the CLIENT. The report shall cover the following features: the technical conditions of the media and the process of the data recovery.
- KÜRT will use the description given by the CLIENT at “Lost/Wanted data” section on the price quotation form to determine the feasibility of data recovery. If the CLIENT wants to retrieve “all” data, KÜRT will take into consideration the ratio of data that could be recovered in a useable format in comparison to all the data, to determine if the request has been successfully fulfilled. KÜRT assumes no responsibility for inaccurate or incomplete forms, and the CLIENT may not change the scope of data indicated for recovery after ordering the recovery service.
- If the recovery was less successful at the end of the recovery process than expected on the basis of available data, then KÜRT will make a new price quotation and enable the CLIENT to view the data where recovery was successful. If the CLIENT does not accept the modified price quotation, then he may withdraw from ordering. In case of unsuccessful data recovery, KÜRT will not charge any service fees (with the exception of SOS data recovery and the mandatory 20%, if indicated in the price quotation).
- The deadline assumed in the price quotation commences at the moment of ordering the recovery service. If the service is not completed by the agreed deadline, the CLIENT may decide after 5 business days in delay, if he maintains his order or withdraws it. If the data recovery requires spare parts or components, the deadline assumed in the price quotation might change. In this case the CLIENT may withdraw from ordering without any payment obligation, provided that the deadline is extended by more than 10 business days (with the exception of SOS data recovery and the mandatory 20%, if indicated in the price quotation).
- For the purposes of the deadline, data recovery is considered as completed if the recovered material was prepared and KÜRT notified the CLIENT thereof on telephone, facsimile, mail (email) or through the website of online customer service. At the same time, KÜRT will make available a directories and files list about recovered data on the CLIENT’s online customer interface for checking. If requested, KÜRT makes it possible for the CLIENT to look into the recovered data at KÜRT Data Recovery Customer Service, at a point of time fixed in advance. If the CLIENT does not make a written complaint regarding the file list and/or the recovery success rate determined by KÜRT within 5 business days of being notified, and chooses not to view the files, then KÜRT will consider the file list and the success rate accepted, and, accordingly, KÜRT will issue and send an invoice to the Client.
- The recovered data is always saved to a separate media by KÜRT (data are not saved back onto the original media). In case of a pendrive, memory stick, CD, DVD or Floppy, KÜRT saves data to a new pendrive up to 16 GB without any extra charges. When data for backup are stored on a hard-drive (also: RAID, SSD, pendrive over 16 GB, memory stick, magnetic tape), the backup data are saved to a pendrive under 16 GB, while data between 16 GB and 1 TB are saved to a new external hard-drive without any extra charges. The target device provided by KÜRT has a warranty of 14 days from receiving the recovery. In case of data over 1 TB, the CLIENT may provide his own storage media or purchase one from KÜRT at its market price. In case of special, uniquely named systems, KÜRT and the CLIENT shall mutually agree on the manner of returning the recovered data.
- If requested, within the borders of Hungary, KÜRT arranges the delivery of recovered data to the CLIENT by courier service on the following day. KÜRT does not charge extra fees for delivery.
- If otherwise not requested, the CLIENT shall check the content of recovered data within 14 days of receiving the recovered data, and after this, the CLIENT may not have any claims in relation to service performance. Any complaint shall be submitted by the CLIENT to KÜRT in writing. KÜRT shall examine the complaint in the shortest time possible.
- KÜRT undertakes to make a physical copy of the CLIENT’s data carrier and a backup of the recovered data. KÜRT keeps them for 14 days and then KÜRT proceeds with the destruction of copies held by him, unless the CLIENT requests otherwise.
- Any devices of the CLIENT that were not removed will be stored by KÜRT for 30 days. If the CLIENT fails to remove his devices by that time, then it shall be considered as if the CLIENT has instructed KÜRT to destroy his devices.
- Recovered data can only be taken over after full payment of the service fee. Accepted methods of payment: cash, bank card (only Visa or MasterCard), by bank transfer in advance, online payment with bank card via KÜRT’s Electronic Customer Service System. In certain cases KÜRT will hand over backup data at the time of issuing the invoice.
- KÜRT takes full responsibility for the confidential treatment of CLIENT data, whereby it undertakes that it shall use any data or information it becomes aware of during contract performance exclusively in accordance with the purposes of this agreement, and it shall not disclose them to any third party or make them publicly available.
- The Datasheet Form, the Price Quotation for Recovery and the current price list of KÜRT for data recovery (available at: adatmentes.kurt.hu/adatmentes-arak) are also parts of this Contract.
- Issues not regulated in this General Terms of Contract are governed by the provisions of the Hungarian Civil Code.
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