Data Recovery Terms and Conditions

Terms and Conditions Summary.

We dont have any upfront fees. But if you have a raid system there will be a fee.  By paying your fee, you (the customer), agree to our below terms and conditions and understand that your fee is for our technicians to ‘attempt’ a complete or partial data recovery on any of your media device hard drive laptop desktop. Once they have exhausted all our internal methods trying to recover your data and are unsuccessful, you also understand that there will be no refunds only for the raid service. In this case we can either post your device back to you or dispose of it for you.

The Initial Contact

Customer has advised Nerdcore DATA RECOVERY PTY LTD that it has been unable to recover certain data, which the Customer represents to be its property, and engages Nerdcore Data Recovery to use its best efforts to identify the said problem (if not already identified), and use its best efforts to retrieve the said data or portion thereof and to provide such other services as may be agreed to between the Customer and Nerdcore Data Recovery in writing from time to time.

Confidentiality & Hard Drive Privacy

Nerdcore Data Recovery will use any Information provided by you the Customer only for the purpose of fulfilling the Engagement and will use its best efforts to hold the Customer’s Information in the most private confidence.  Privacy  shall not apply for to any information which entered the public domain through no fault of Nerdcore Data Recovery, which was known to Nerdcore Data Recovery prior to receipt from the Customer, which is disclosed to Nerdcore Data Recovery by a third party (other than employees or agents of either party), which in making such information available to Nerdcore Data Recovery is not a violation of any confidentiality obligation to the disclosing party; or which is independently developed by Nerdcore Data Recovery without recourse to the Customer’s information.

Data Recovery Prices Payment.

Before Nerdcore Data Recovery engages in any data recovery activity on your device an attempt fee is required to be paid via our booking form on the relevant product page on our website. If our technicians are successful in recovering some or all of your data, you will be contacted (by phone and email) to pay the ‘retrieval and delivery’ fee. The fees are stated on each product page with exception to delivery charges.
If any parts are needed for your device (mainly for the larger hard-drives), again you will be contacted (by phone and email).

Acknowledgement of Existing Damage Conditions.

The Customer acknowledges that the equipment/data/media may be damaged prior to Nerdcore Data Recovery’s receipt, and the Customer further acknowledges that the efforts of Nerdcore Data Recovery and/or its suppliers to complete the Engagement may result in the destruction of or further damage to the equipment /data/ media. Nerdcore Data Recovery for itself and its suppliers does not assume responsibility for additional damage that may occur to the Customer’s Equipment/Date/Media during or as a result of Brisbane Data Recovery’s efforts to complete the Engagement.

No Warranties; Disclaimer of all Warranties.

Nerdcore Data Recovery, FOR ITSELF AND ITS SUPPLIERS, MAKES AND THE CUSTOMER RECEIVED NO WARRANTIES OR CONDITIONS FOR ANY GOOD OR SERVICE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH THE CUSTOMER, Nerdcore Data Recovery, FOR ITSELF AND ITS SUPPLIERS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ARISING FROM USAGE OF TRADE IN THE COURSE OF DEALING OR PERFORMANCE.

Limitation of Liability, Limitation of Damages.

In no event will Nerdcore Data Recovery or its suppliers be liable for any damages whatsoever, including, without limitation, damages for loss of data, loss of business profits, business interruption, or other pecuniary loss, or incidental, consequential, or indirect damages arising from the Engagement event if Nerdcore Data Recovery or any authorized representative has been advised of the possibility of such damages. The total liability of Nerdcore Data Recovery or its suppliers to the Customer under this agreement shall in no event exceed the total sums paid by the customer to Nerdcore Data Recovery.

The Customer’s Representation and Indemnification.

The Customer warrants to Nerdcore Data Recovery that it is the owner of, and/or has the right to be in possession of, all equipment/data/media furnished to Nerdcore Data Recovery; and the Customer will defend, at its expense, indemnify, and hold Nerdcore Data Recovery harmless against any damages or expenses that may occur (including reasonable lawyers’ fees), and pay any cost, damages, or attorney’s fees awarded against Nerdcore Data Recovery resulting from the Customer’s breach of this section.

Uncontrollable Circumstances.

Either party’s performance of any part of this agreement shall be excused to the extent that such performance in hindered, delayed, or made impractical by: (a) the acts of omissions of the other party; (b) flood, fire, strike, war or riot; (c) unavailability of parts of software; (d) any other cause (whether similar or dissimilar to those listed) beyond the reasonable control of either party.  Upon the occurrence of any such event(s), the party whose performance is so affected shall notify the other party of the nature and extent of the event(s) so that decisions to mitigate the negative effect(s) of any such event(s) may be promptly made.

Miscellaneous.

The parties agree that this agreement shall be construed and the relations of the parties shall be determined in accordance with the laws of the state of Victoria, Australia provided, however, that if any provision of this Agreement is in violation of any applicable law, such provision shall to such extent be deemed null and void, and the remainder of the Agreement shall remain in full force and effect.  The place of adoption of this Agreement is deemed to be the principal place of business of Nerdcore DATA RECOVERY PTY LTD (ABN 36761358989). Any revision or modification of this Agreement shall be effective only if it refers to this Agreement, is in writing, and is signed by an authorized representative of each party to this agreement.

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Privacy Policy.

Here  at Nerdcore Data Recovery take your privacy very seriously.

Nerdcore Data Recovery Pty Ltd. has created this privacy statement to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for this website:

We use your IP address to help diagnose problems with our server, and to administer our Web site.

This site contains links to other sites. Nerdcore  Data Recovery is not responsible for the privacy practices or the content of such Web sites.

Our site uses forms for customers to request information, products, and services. We collect visitor’s contact information (like their email address). Contact information from the order form is used to send information about our company to our customers. The customer’s contact information is also used to get in touch with the visitor when necessary.

Users may opt-out of receiving future mailings; see the choice/opt-out section below.

We do use a third-party cookie from www.trendmicro.com. This cookie simply identifies your computer on your first visit. This is a third-party cookie and the information contained in the cookie will not be used by Nerdcore Data Recovery  Tech in any way. We simply use this service as a means of keeping our users up to date with the latest virus information.

Security

This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. This security involves secured server SSL encryption of data.

Information Collection:

The type of information we might collect from you via the forms on this site might include your name, e-mail address and/or phone number. We use this information to contact you about the recovery of your data and might possibly contact you at a later date to inform you about new products or services available through our company that might interest you. Any use of this contact information however, would be infrequent and non-intrusive.

Sharing of Information:

Any of the contact information gathered through this web site is shown only to employees of Nerdcore Data Recovery Pty Ltd. Nerdcore Data Recovery Tech will not sell, rent, trade, or otherwise share your information to a third party.

Notification of Changes

We will notify you directly via email if there is a material change in our privacy practices. We will also post the changes in our privacy statement 30 days prior to a change.

Choice/Opt-Out

Our site provides users the opportunity to opt-out of receiving communications from our partners at the point where we request information about the visitor. This site gives users the following options for removing their information from our database to not receive future communications or to no longer receive our service.

1. Fill out our Inquiry Form

2. You can call the following telephone number: 1300637326

Correct/Update

This site gives users the following options for changing and modifying information previously provided.

Fill Out Our Inquiry Form
Call the following telephone number: 1300637326
Contacting the Web Site

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact:

Webmaster
Nerdcore Data Recovery
3a Willesden rd Hughesdale Victoria 3166 Australia

In Plain English:

• Nerdcore Data Recovery Tech will not sell, rent, trade, or otherwise share your information to a third party ever.

• Nerdcore Data Recovery may on occasion, use this information to contact you. This communication will be brief, infrequent, and non-intrusive of your business, if it ever happens at all. You are welcome to let us know that you do not wish to be contacted by sending us a short note to that effect.

*Legal Disclaimer*

We may disclose personal information when required by law or in the good-faith belief that such action is necessary to conform to the ethics of the law or comply with a legal process served on our Web site.

If you have further questions about our policies, please feel free to contact us

Your data is important to us.

So is your business!