13 April 2016

Terms & conditions

Data recovery service terms & conditions

These Terms and Conditions apply to any confirmed order for Data Recovery Services you (the “Customer“) order “Zest Data Recovery” (“Zest“).  Zest is a brand name of Kroll Ontrack Limited, registered number 02669766, registered in England and Wales with registered office: c/o Legalinx Limited, 1 Fetter Lane, London, England, EC4A 1BR. Zest’s principal place of business is Global House, 1 Ashley Avenue, Epsom, Surrey, KT18 5AD.

  1. The Engagement
    1. By confirming an order, Customer engages Zest (directly or through its suppliers) to provide, with reasonable care and skill, the following services (each an “engagement”):
      1. inspecting and evaluating the problem reported by Customer;
      2. to the extent reasonably practical, identifying (if not already identified) the problem; and
      3. to the extent possible, retrieving the data;
      4. any other services requested by Customer and agreed by Zest from time to time.
    2. Zest will use reasonable endeavours to perform the Data Recovery Services within the timeframe agreed with the Customer or, if no timeframe is agreed, within a reasonable time. Please refer to our FAQs for further information.
  2. Confidentiality
    1. Zest will use any information contained in the data, media and/or equipment provided to Zest by Customer (“Customer Information”) only for the purpose of fulfilling the engagement and, will otherwise, hold such Customer Information in the strictest confidence.
    2. Any Customer Information disclosed by Customer to Zest as part of the engagement will remain the Customer’s (or relevant owner’s) sole property, and Zest shall employ reasonable measures to prevent the unauthorised use of such Customer Information, which measures shall not be less than those measures employed by Zest in protecting its own confidential information.
    3. Zest will not disclose Customer Information except to employees or consultants reasonably requiring such information (and who have secrecy obligations to Zest) and not to any other party except as required by law.
    4. Zest will employ appropriate technical and organisational measures to safeguard any Customer Information, including personal data, and will act only on the instruction of the Customer with respect to such information.
    5. Zest is part of a worldwide organisation and Customer hereby agrees to the transfer of Customer Information to Zest affiliates and suppliers worldwide as needed for the sole purpose of performing the engagement.
  3. Payment
    1. Customer agrees to pay Zest all sums due from time to time by Customer and as always previously notified by Zest in writing which will typically comprise of charges for the services (including parts and labour), return shipping and actual expenses for back up media used in the engagement.
    2. All such sums are due and payable in advance by PayPal account, credit or debit card. Customer understands and agrees that credit or debit card details will be processed by PayPal, our payment gateway provider, and will not be stored on Zest’s systems.
  4. The Zest quality commitment
    1. In this clause, Data means number of user files (such as documents, photos, videos and music), but excludes system files such as software programmes and operating systems.
    2. For every engagement, Zest will endeavour to recover 85% or more of the Customer’s Data in the same usable file format as had been previously held on Customer media prior to the data loss incident.
    3. Zest will communicate the quotation for the recovery to Customer following the free evaluation stage.  If Customer decides to accept the quotation for the recovery, Zest shall begin the recovery services following payment.
    4. Following completion of the recovery services, in the event that Zest has recovered less than 85% of Customer’s Data and / or the files have suffered irreparable harm as a result of the data loss incident, then Zest will communicate such findings to the Customer via email and will ask Customer whether it wishes to receive the recovered Data or whether to request a refund of the recovery fee.
    5. Where any recovered Data is provided to Customer, it shall be sent by our courier to Customer on a new storage device or acceptable device provided by Customer.  If requested, Zest will return the Customer’s original media.
  5. Cancellation Rights
    1. During the free evaluation phase, Customer shall be permitted to cancel at any time without incurring any fees.  Customer shall be required to pay for the cost of delivery back of the equipment submitted to Zest.
    2. After the free evaluation phase, if Customer accepts the quotation, Zest shall begin the recovery.  Accordingly, Customer hereby consents to Zest commencing the Services prior to the expiry of the 14 day period specified in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.  Customer acknowledges that, when the recovery has been completed by Zest, Customer shall lose its right to cancel.
    3. Customer may cancel the recovery at any time prior to completion, by logging in to their account and submitting a notice confirming that they wish to cancel.   If the recovery work has not been completed, Customer shall be required to pay a proportion of the fee relating to the stage of recovery work completed by Zest at the time of the cancellation.  Zest will advise of the fee at the time of cancellation.
    4. Any refunds due to Customer following cancellation shall be paid within 14 days of the notice of cancellation and by the same means of payment.
  6. Consent
    1. If consent is required of either party for performance of any aspect of the engagement, such consent will be effective if provided in writing (including by email), or verbally if such verbal  authorisation if followed by written confirmation at the earliest possible opportunity, and/or email provided receipt of which is acknowledged by the receiving party.
  7. Acknowledgment of Existing Condition
    1. By confirming an Order, Customer acknowledges that the equipment/data/media may be damaged prior to Zest’s receipt, and Customer further acknowledges that the efforts of Zest to complete the engagement may result in the destruction of or further damage to the equipment/data/media. Zest will take reasonable care but regrets that it will otherwise not assume responsibility for existing or additional damage that may occur to Customer’s equipment/data/media during Zest’s efforts to complete the engagement.
      1. The standards or results of the service; or
      2. The standards, quality, merchantability or fitness for purpose of any goods furnished to the customer by Zest as part of the services.
  9. Limitation of Liability
    1. Zest does not exclude or limit in any way any liability that cannot be restricted or excluded as a matter of law, and these Terms and Conditions are to be interpreted accordingly.
    2. If Zest fails to take reasonable care in providing the Data Recovery Services, Zest will use reasonable endeavours to correct its performance and repair any damage caused at no additional cost to the Customer. Alternatively, if it is not possible for Zest to correct its performance, the Customer will be entitled to an appropriate reduction in the price payable for the Data Recovery Services.
    3. If any recovered data is furnished by Zest to the Customer on a durable medium as part of the Data Recovery Services, such durable medium will be of satisfactory quality and reasonably fit for the purpose for which Zest has provided such durable medium to the Customer, for a reasonable period following delivery of such durable medium to the Customer. If such durable medium does not conform to the standards set out in this section, Zest’s sole liability, and the Customer’s sole remedy, in respect of such non-conforming good is repair or replacement of the relevant durable medium at the sole cost of Zest.  However, it is the responsibility of the Customer to maintain a backup copy of any recovered data at all times.
    5. Zest’s total liability (in contract, negligence or otherwise) to Customer in connection with any Data Recovery Services shall in no event exceed the total sums payable under the relevant engagement by Customer to Zest.
    6. Where Customer instructs its own shipping company for shipping of any Customer media to Zest, then Zest shall not assume any liability whatsoever in case the device/media suffers any damage and/or loss during shipping. Zest recommends that Customer takes out insurance to cover any risks.
  10. Customer’s Representation and Indemnification
    1. Zest is not liable to any third party for any loss such third party may suffer in connection with the Data Recovery Services, including but not limited to any damage to, or loss or disclosure of, any equipment, data (including any incidental data stored on any equipment) or media furnished to Zest by the Customer in connection with the Data Recovery Services.
    2. Customer warrants and undertakes to Zest that it is the owner of, and/or has the right to be in possession of, all equipment, data or media furnished to Zest, that it has the full authority to engage Zest to perform the Data Recovery Services for such equipment, data or media and that the collection, possession, processing and transfer of such equipment data or media as part of the Data Recovery Services is in compliance with data protection laws to which Customer is subject.
    3. Customer will defend, at its expense, indemnify, and hold Zest harmless against any damages or expenses that may occur (including reasonable legal fees), and pay any cost, damages, or attorneys’ fees awarded against Zest resulting from Customer’s breach of this section.
  11. Abandonment and disposal of equipment/data/media
    1. If the Customer fails to provide Zest with adequate instructions or payment for the return of any data, media, equipment or hardware (including but not limited to provision of an up-to-date address for delivery), Zest will retain such items for ninety (90) days following a response deadline following which the items will be considered abandoned by the Customer and will be disposed of or destroyed (including all data or media containing data) in the sole discretion of Zest.
  12. Other Terms
    1. These Terms and Conditions and all associated contracts are governed by English Law and any related dispute or claim will be determined by the English courts (provided that this shall not exclude the right of a consumer in Scotland and Northern Ireland to bring claims there).
    2. The parties agree that if any provision of these Terms and Conditions is held unenforceable, the validity of the remaining portions or provisions of these Terms and Conditions shall not be affected. Any revision or modification of these Terms and Conditions shall be effective only if it refers to these Terms and Conditions, in writing, and is signed by an authorised representative of each party.
    3. Before confirming your order, check the order and these Terms and Conditions carefully, and print or save a copy of these Terms and Conditions for future reference. By clicking ‘I have read and agree’ via the Zest order process or, if your order was placed with a Zest agent by phone, chat or email, by sending your drive to Zest, Customer agrees that it accepts these Terms and Conditions for the engagement.
    4. Acceptance of these Terms and Conditions is effective to bind the Customer and as such is admissible in any court and/or for any lawful purpose. These Terms and Conditions, together with any details set out in the order process, and our Privacy Policy constitutes the whole Agreement between the parties in relation to this subject matter. Terms of purchase of the Customer are excluded.
  13. Data Protection
    1. The information provided by Customer, will be held and used subject to our Privacy Policy.  Zest may use that information for administering Customer’s account and to carry out the engagement.
    2. Subject to the terms of the Privacy Policy, Customer information will be disclosed to employees of Zest, and/or carefully selected organisations who may contact Customer by mail or by telephone on behalf of Zest regarding the order Customer has placed. Customer may apply for a copy of the information that Zest holds about them and has the right to have any inaccuracies corrected.

Website use terms & conditions

This website use agreement (the “Agreement”) is between you and Kroll Ontrack Limited with registered office at Global House, 1 Ashley Avenue, Epsom, Surrey, KT18 5AD (“Zest Data Recovery”).

Use of https://zestdatarecovery.com (“Website”) signifies your agreement to the terms and conditions of use set out in this Agreement:

  1. You acknowledge that you have read this Agreement and agree to such terms prior to use of the Website. If you do not agree to the terms of this Agreement, your sole remedy is to discontinue using the Website.
  2. Please note that in addition to these terms and conditions of this Agreement, supplementary terms and conditions may apply to your use of various portions of this Website. Please review all notices and license agreements applicable to the portion of the Website you are using. In addition, Zest Data Recovery reserves the right, at its sole discretion, to change or modify this Agreement at any time. By using the Website you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms and conditions of use to which you are bound.
  3. Zest Data Recovery may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, products or services, or Content (as defined below). Zest Data Recovery may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability. Prices and availability are subject to change without notice. Errors will be corrected where discovered, and Zest Data Recovery reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted.
  4. Content on or comprising the Website, including, but not limited to, information, data, software, services, photographs, graphs, videos, sounds and other material (collectively “Content”) is protected by copyrights, trademarks, patents or other proprietary rights and these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All Content is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other international copyright laws. Except where otherwise expressly noted, the Contents of the Website are only for your personal, non-commercial use. You will abide by any and all additional terms and conditions, copyright notices, information, or restrictions contained in any Content on the Website. You may download and make a copy of the Content and other downloadable items displayed on this Website for personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited without the prior written permission from Zest Data Recovery or the copyright holder identified in any individual copyright notice. It is strictly prohibited to modify, transmit, distribute, reuse, repost, “frame”, link or use content for public or commercial use without permission from Zest Data Recovery.
  5. Any software that is made available for use via the Website or for download from the Website (“Software”) is the copyrighted work of Zest Data Recovery and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement that accompanies, or is included with, the Software. You agree to comply fully with all laws and regulations of the United States and other countries with regard to prohibitions on export of certain goods.
  6. You hereby agree to indemnify, defend and hold Zest Data Recovery, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your misuse of this Website including, without limitation, legal fees and costs. You shall cooperate as fully as reasonably required in the defence of any claim. Zest Data Recovery reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Zest Data Recovery.
  7. The Website may contain links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Web Site. Links to and from Web Site to other third party sites, maintained by third parties, do not constitute an endorsement by Zest Data Recovery or any of its subsidiaries or affiliates of any third party resources, or their contents.
  8. Zest Data Recovery does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Zest Data Recovery reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website.
  9. The Website, including all Content, is provided “as is” to the fullest extent permissible by law. Zest Data Recovery makes no representation or warranties of any kind whatsoever for the Content or any other materials, information and functions made accessible by Website, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the Website or any linked site. Further, Zest Data Recovery disclaims any express or implied warranties, including, without limitation, non-infringement, merchantability or fitness for a particular purpose. Zest Data Recovery does not warrant that the functions contained in the Website or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available is free of viruses or other harmful components. Zest Data Recovery shall not be liable for the use of the Web site, including, without limitation, the Content and any errors contained therein.
  10. In using the Website, you may provide personal information to us, including through the use of any “chat” or online messaging service to interact with us. Any personal information provided to us through the Website, through any means, shall only be collected and used according to our Privacy Policy.
  11. This Agreement shall be governed by and construed in accordance with the laws of England and Wales. The courts of England shall have exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement.
  12. This Agreement constitutes the entire agreement between Zest Data Recovery and you with respect to your use of the Website. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. Zest Data Recovery disclaims any and all responsibility for content contained in any third party materials provided through links from this Website.

Version: 10 July 2017