Terms & 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
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 firstname.lastname@example.org
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 an 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.
Conditions of Service. Clients please note ...
The following Conditions of Service and the T&Cs are to be accepted in whole by the client prior to engaging our services. It is a prerequisite before submitting any storage devices. All clients coming to lab will be reminded to read, understand and accept the following :
1. Device Enclosures
Faulty devices brought to our lab for recovery need to be prepared for low level access. This may involve removing the device from external enclosure. While we take extra care to retain the original form of the enclosure, the preparation may induce inadvertent scratches, plastic clips breakage and deformation. We apologise for any damage but we will not be responsible for the damage because you have been advised that it is necessary. If you prefer to keep the housing in its original form, for example to maintain warranty when the enclosure is not fixed by screws, we will ask you to extract the device yourself but you have to be very careful not to cause further damage to the pcb as it will become more expensive to recover.
2. State of Fault
Faulty devices will be connected to specialised instruments and undergo a series of low level procedures which are physical, electronic, mechanical and logical in nature. The drive access is factory level electronic and micron scale physical. The operations on the devices are performed with the utmost professionalism based on decades of experience, in depth research and latest drive engineering equipment. Nevertheless, failures do occur and they happen most often when the drive was subjected to previous multiple recovery attempts while faulty by others without in depth knowledge or specialised equipment in a false attempt to avoid costs. It should be known that drive tolerances are not millimetric but atomic. Apart from damaging the drive further, third party recovery attempts cause the original fault to be masked with each further operation and will stress the drive out of tolerances. The drive may sometimes have only 1 chance of recovery. Therefore it is vitally imperative to stop any drive operations after data loss, not give it to unspecialised third parties and bring in the drive to our lab for recovery in its original state of fault. This will ensure the lowest cost of recovery.
3. Data Backups
You, the client, must assume all responsibility for backups of any data in any device you bring over to the lab. Your Responsibility means that you are accepting that in the course of recovery, in some cases, the data may not be recovered, the device may fail, the device may be modified, the device may be written off, the device may not be returnable. Your Responsibility also means you must have ensured that you have a backup of any data in any device that is still in working order and used to transfer recovered data onto.
4. Storage of devices left in lab - Limit of our Responsibility
Clients are hereby advised that, unless mutually agreed otherwise in writing, OMG Data Recovery will keep the devices for a limit of 6 months from date of submission. OMG Data Recovery will not be held liable, responsible for any claim whatsoever for any devices left in lab for a period exceeding 6 months from date of submission. It is client's responsibility to collect the devices in time, or, if it is not possible, submit a request in writing within 6 months of submission of the devices, to hold them for an extension not exceeding an extra 90 days. Claims for uncollected devices in left storage over 6 months may be entertained without prejudice on exceptions at a nominal charge. Charges are published
5. Legal .
By engaging our services you are agreeing to our T&Cs. In other words: The legal responsibility for the contents of the faulty drive brought in for recovery is not ours, it's yours. The data is not ours, it's yours. Therefore, although we do keep an image on our servers of the recovered data for 15 days as a warranty service on client's request, we shall not be held responsible and indemnify ourselves from any legal responsibility, liability or obligation for the possession of whatever material is on the drive or its image on our servers. Moreover, we indemnify ourselves from any legal responsibility, liability or obligation for the possession of the device brought in for recovery, if the device does not actually belong to you. In other words, you are solely legally responsible for the provenance of the device and its contents, throughout the entire process of the recovery. You are also agreeing to indemnify us of anything that may happen to the device or the data. We are just responsible for the service of the recovery, not the data, not the device. This is a prerequisite disclaimer that must be agreed to and understood prior to using our services. This disclaimer will in effect enhance the Confidentiality and Protection given to your data and your identity.
All material, text, images on this site is © Copyright of OMG Data Recovery and may not be used elsewhere, verbatim or modified, without prior written consent and subsequent written authorization. OMG Data Recovery™ is a Registered Trademark in the Maltese Islands.
If you have any questions please send us an email on email@example.com