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Terms & Conditions

Thank you for visiting our site. Our services are subject to the following Terms and Conditions, which explain the contractual agreement between OMG Data Recovery and you. You are strongly advised to read these terms and conditions and once you engage our services you are consenting to our terms and conditions.


TERMS & CONDITIONS


1. Ownership and responsibility of the data

The data retrieved by OMG remains the exclusive property of the client and OMG holds no title or claim over the data retrieved. Clients are advised that notwithstanding that they remain the exclusive owners of the data, the retrieved data will be returned to client only after full settlement of payment or as per prior agreement.

The client warrants that it is the owner of, and/or has the right to be in possession of, all data and hardware submitted to OMG. The responsibility of the data remains with the client. OMG may not be held liable for any breaches of law or of third party rights which your data might create. The client hereby warrants that it will defend, indemnify and hold OMG harmless against any damages or expenses which might ensue from client’s breach of this condition.



2. Confidentiality of the data

Your business is nobody else’s matter. Confidentiality is Total & Absolute. The information contained in the data will only be used insofar as necessary to fulfil the data retrieval. The confidentiality of your information, data and your custom with OMG is guaranteed. OMG will provide security to your data to the same level as it provides to its data. OMG will not divulge, disclose, transfer or otherwise communicate any information about you or your data to any third party. The data is secured physically and procedurally while total confidentiality ethics are strictly complied with. The conditions of Confidentiality in this section supersede standard Non Disclosure Agreements since the procedures are specifically designed and more exhaustive than those listed in NDAs



3. Subcontractors

By engaging the services of OMG you are also hereby also authorising OMG to engage, if required, its qualified subcontractors, such as engineering, chemical and microelectronics labs and manufacturers, sourcing specialists, delivery persons, etc, to work on their respective sub-assignment. OMG remit is to carefully vet the subcontractors but will not be held liable in whatever manner for whatever reason for any faults resulting in loss of data, financial loss, or breaches of agreement from its subcontractors.



4. Data and device retention

As part of the retrieval procedure, OMG might require that a bit image of the drive contained in the hardware be copied onto OMG’s systems. If you require further copies of the data retrieved by OMG, you are to inform OMG accordingly prior to 15 days after recovery. Devices and their data left in lab without claim or contact for a period greater than 6 months from date of arrival in lab, will be archived in a repository for a grace period of a further 30 days before the devices are destroyed. It is entirely the client's responsibility to collect any hardware left in lab. No claim by the client will be accepted after this grace period.



5. Ownership and responsibility of the hardware

The process of data retrieval necessitates the physical intervention on the hardware. Faulty devices brought to OMG for recovery will need to be prepared for low level access and this may involve the removal of the device from external enclosure. Whilst taking extra care to retain the original form of the enclosure or the hardware, the preparation may yield scratches, breakage of plastic clips and deformation. At times, such physical intervention may also mean that the plastic or metal enclosure may not be reconstructed exactly as factory original. By delivering the hardware to OMG, you are hereby holding OMG harmless against any physical or other damage whatsoever which might result from the process of data retrieval and hereby acknowledge that the hardware might not be usable. The client has the option to extract the device and deliver the faulty hardware to OMG. In such cases, it is of utmost importance that no further damage is caused to the device as this will increase the expenses for recovery.

OMG shall not be held liable for any direct or indirect damages which might result to the data or the hardware as a consequence of the process of data retrieval or any process connected to it, including its storage and possession at OMG DR Lab. Moreover, you are hereby holding OMG harmless against any theft, damage by Acts of God, terrorism, submission under threat, submission when compelled by law or any other unforeseeable event not listed here.


6. By engaging the services of OMG Data Recovery you are accepting in full and agreeing to all terms and conditions stated within this page and where stated in this website.

If you have any questions on please feel free to call on (+356) 79 437846 or email on info@omgdatarecovery.com



MORE INFORMATION

These additional terms and conditions should be read and understood as forming part of the terms and conditions above.

“Data” shall mean any representation of facts, information or concepts in a form suitable for processing in an electronic system including a program suitable to cause a electronic system to perform a function and shall include documents, images, music, emails, files, programmes, passwords, browsing history and data created from social media programmes.

“Client” shall mean a person, whether corporate or an individual, who requests and engages the services of the OMG Data Recovery and such relation shall begin the moment that hardware is delivered unto OMG Data Recovery;

“Hardware” shall mean an electronic device that performs logical, arithmetic and memory functions by manipulating electronic, magnetic or optical impulses, and includes all input, output, processing, storage, software and communication facilities that are connected or related to a computer and shall include any device of whatever type which is capable of storing data in any form.

“OMG” and "OMG DR" shall mean OMG Data Recovery.

The contractual relation between OMG and the Client shall be exclusively regulated by the Laws of Malta, whether the client falls within such jurisdiction or not.

If any provision of these terms is held unenforceable, the validity of the remaining portions or provisions of these terms shall not be affected.