Terms of service

These Terms of Service (“Terms”) govern the access or use by you of applications, websites, content, products, and services (the “Services”) made available by Data Recovery Services.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES.

1. Definitions and Interpretation

• In these terms and conditions, the following definitions and rules of interpretation apply unless otherwise defined or the context requires otherwise: “We”, “Ours”, "Us" refers to Data Recovery Services, a company incorporated in Malaysia;
• “Services” means any and all services provided by us to you as defined below;
• “Appointed Logistic Partners” means the independent third party who offers delivery services which we use to transport the storage media from the customer to SECRETLAB DATA RECOVERY SDN BHD and vice versa;
• “Advertisement” means any promotion messages and information that may received from us in the form of email or SMS (Short Messaging Services);

2. Authorization

• The customer authorizes SECRETLAB DATA RECOVERY SDN BHD to conduct assessment on the storage media sent to SECRETLAB DATA RECOVERY SDN BHD to determine the nature of the damage of the storage media and provide an estimate of the data recovery cost and turnaround time to retrieve the data. The assessment is provided free of charge and no work beyond this assessment will be charged without explicit approval from the customer.
• The customer authorizes SECRETLAB DATA RECOVERY SDN BHD, its employees, appointed logistic partners, and agents, to receive and transport this storage media/equipment/data to, from and between the customer's location and the SECRETLAB DATA RECOVERY SDN BHD facilities.
• The customer hereby represents, warrants, and affirms that he, she, or it is the owner or the authorized representative of the owner of the property and all of the information and data stored on said property. By asking SECRETLAB DATA RECOVERY SDN BHD to enter into this agreement with you, as customer, you declare that the foregoing representations are true and correct. You agree to indemnify SECRETLAB DATA RECOVERY SDN BHD for any claims against SECRETLAB DATA RECOVERY SDN BHD related to this data recovery.
• We will not open up and operate on the customer's storage media without the consent of the customer. All initial assessment will be performed on the surface of the storage media and for any logical damage. We will only perform assessment in the internal section of the storage media with the approval of the customer.

3. Failure to claim property

• Any property left with SECRETLAB DATA RECOVERY SDN BHD unclaimed for 30 days, will be disposed or recycled. At which time, Data Recovery Services shall have no liability to the customer or any third party.

4. Limited Liability

• SECRETLAB DATA RECOVERY SDN BHD shall not be liable as a result of this agreement or the performance of any data recovery services or assessment of the possibility of providing data recovery services, for any claims regarding the physical functioning of equipment OR media or the condition or existence of data on storage media supplied before, during or after service.
• THE CUSTOMER UNDERSTANDS THAT DATA RECOVERY CANNOT BE GUARANTEED.
• IN NO EVENT WILL DATA RECOVERY SERVICES OR APPOINTED LOGISTIC PARTNERS, EMPLOYEE, OR AGENT OF DATA RECOVERY SERVICES BE LIABLE FOR ANY LOSS OF DATA OR LOSS OF REVENUE OR PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICE PROVIDED BY DATA RECOVERY SERVICES OR ITS AGENTS, APPOINTED LOGISTIC PARTNERS, OR EMPLOYEES -- EVEN IF DATA RECOVERY SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS TO PERSONS OR PROPERTY.
• SECRETLAB DATA RECOVERY SDN BHD's liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services. 
• Customer and SECRETLAB DATA RECOVERY SDN BHD agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at SECRETLAB DATA RECOVERY SDN BHD's option, either (a) additional attempts by SECRETLAB DATA RECOVERY SDN BHD to recover satisfactory data or (b) a refund of the amount paid by the customer. The parties acknowledge that the price of SECRETLAB DATA RECOVERY SDN BHD's data recovery services would be much greater if SECRETLAB DATA RECOVERY SDN BHD undertook more extensive liability or promised additional remedies.
• Customer is aware of the inherent risks of injury and property damage involved in data recovery, including without limitation, risks due to destruction or damage to the media or data and inability to recover data, or inaccurate or incomplete data recovery, including those that may result from the negligence of SECRETLAB DATA RECOVERY SDN BHD, and assumes any and all known risks of injury and property damage that may result.
• All data recovered will be kept for a period of 10 days after successful delivery to customer No charge will be made in the destruction of data. Data will be destroyed and thereafter no further records will be kept. 

• We are not responsible for the behavior, negligence, conduct, actions or inactions on the part of our Appointed Logistic Partners or selected by the customers to deliver the storage media for data recovery services. Any contract for the provision of transport and logistics services between you and the independent Delivery Agents. We shall never be a party to any agreement (to be) entered into between you and any Delivery Agents selected by you. If you have any complaint in relation to the delivery services provided then that dispute must be taken up with the Delivery Agent directly.

• As for the Appointed Logistic Partners appointed by SECRETLAB DATA RECOVERY SDN BHD, the logistic partner will provide an insurance cover for all the item delivered. In the event that there is an issue arise while the storage media in the transit, the amount claimable will be subjected to the terms and conditions as stated in the Appointed Logistic Partners website.

• SECRETLAB DATA RECOVERY SDN BHD shall not be liable for loss or damage arising from or in connection with;

• Your failure to provide complete and accurate delivery instruction and sufficient packing in respect of a delivery Item;
• Failure to perform any of its obligations hereunder as a consequence of circumstances outside its control, including without limitation any act of God such as weather conditions, flood or earthquake, work stoppages, strikes, industrial disputes, war, any act of government (including delay or confiscation or detention of the delivery Item by government authority), accidents, traffic obstructions or congestion, mechanical breakdown, or other events; or
• any acts or omissions of any party, including without limitation you, the named addressee, any government official or statutory body.
• We shall not be liable for indirect or consequential loss or damage, including without limitation loss of profit, income, interest, future business or anticipated savings, even if
• the risk of such loss or damage was brought to our attention before or after acceptance of the delivery Item.

5. Confidentiality

• SECRETLAB DATA RECOVERY SDN BHD agrees not to disclose any and all information or data files supplied with, stored on, or recovered from customer equipment to any third parties unless required by law. SECRETLAB DATA RECOVERY SDN BHD will treat all customers data with strict confidentiality.

6. Payment

• Payment is due in full upon completion of successful recovery, prior to release of data (whether shipped, picked up or downloaded), unless by special arrangement which was requested in advance.
• Successful data recovery is defined as recovery of data that was not accessible or visible under the customer’s computer operating system.
• The customer agrees to pay for the data recovery services as agreed even if SECRETLAB DATA RECOVERY SDN BHD are able to partially recovered the data.
• No-data no-fee applies only when no data recovery is possible.
• The customer is financially responsible for all shipping costs to return the drive, custom duties and taxes if any to and from SECRETLAB DATA RECOVERY SDN BHD.
• The customer will have to absorb the cost for additional drive if the customers would like to duplicate the data into a NEW storage media as back-up.
• The agreed payment for data recovery services does not include the cost of acquiring a New storage media as back-up.

7. Refund

• All data recovery service fee will not be entitled for partial or full refund when we successfully recover partial or full data from the storage media provided by the customer to data recovery services.
• No Data No Charge Policy applies that there will be no charge to the customer if we are unable to retrieve any data from the data recovery services. Any payment made by the customer in advance (if any) shall be refunded in full back to the customer.

8. Warranty

• SECRETLAB DATA RECOVERY SDN BHD makes no warranty, express or implied, and SECRETLAB DATA RECOVERY SDN BHD disclaims any warranty of any kind, for the services being provided or discussed hereunder.

9. Personal data and privacy

• The collection, use, storage and transfer of your personal data are generally subject to our privacy policy stated in the privacy statement. Our privacy policy, as may be amended and updated from time to time at our sole discretion, is incorporated by reference into these Terms.

10. Modification of Terms and the Services

• We reserve our rights to change any of these Terms and the revised Terms will be binding on you upon posting on our website. We also reserve the rights to change, suspend or discontinue our Services by sending by posting a notice on our website, which also shall be binding on you upon posting.

11. Governing law and jurisdiction

• These Terms shall be governed by and construed in accordance with the laws of Malaysia. Both you and us agree to submit to the exclusive jurisdiction of the courts of Malaysia as regards any dispute or matter arising under these Terms.