Legal Stuff
Terms and Conditions
Please read the following Terms and Conditions closely before using our Web site (the "Site") and services. By accessing, browsing and using this Site, you acknowledge that you have read, understood and agree to comply with the terms and conditions stated here. If you do not agree with any part of these Terms and Conditions, YOU MUST NOT USE THIS SITE OR OUR SERVICES. Zibit Datalab may at any time modify these Terms and Conditions, and your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use.
Authorization:
The client (hereafter "you" or "your") authorizes Dominic Nielen-Groen and Chris Elmore TA Zibit Datalab (hereafter “Zibit Datalab”, “we” “our” or “us”), its employees, and agents, to conduct an evaluation of the media provided to us to determine the nature of the damage and provide an estimate of recovery cost and timing. The client also authorizes Zibit Datalab to take any and all reasonable effort and measures necessary to determine recoverability and to recover data from this media and or equipment.
Legal Rights:
The client is the legal owner, representative, or otherwise has a legitimate right to the property or act on the owners behalf and all data contained therein sent to Zibit Datalab. Any property left with Zibit Datalab and unclaimed for 60 days, will be disposed. At which time, Zibit Datalab shall have no liability to the client or any third party.
Liability:
Zibit Datalab assumes no liability for any claims regarding the physical functioning of media and or equipment nor the condition or existence of data on storage media supplied before, during or after service. In no event will Zibit Datalab be liable for any loss of data or loss of revenue or profits or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if Zibit Datalab has been advised of the possibility of damages or loss to persons or property. Our 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. Client and Zibit Datalab agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at our option, additional attempts by us to recover satisfactory data or refund of the amount paid by the client. Client is fully 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 Zibit Datalab, and assumes any and all known risks of injury and property damage that may results.
Confidentiality:
We will protect the confidentiality of your data against unauthorized disclosure using the same degree of care used to protect our own confidential information. Zibit Datalab and its officers and employees agree not to disclose any data to any third party unless under final appeal and penalty of State, Federal or International Law. Zibit Datalab provides an absolute NON DISCLOSURE of any customer data.
Payment:
Client agrees to pay in full upon completion of services rendered by Zibit Datalab. Payment is due in full upon completion of successful recovery, prior to release of data (whether shipped, picked up or downloaded). Other payment arrangements may be made prior to recovery. We accept BACS, VISA, MasterCard, Meastro, SOLO and Electron. The client is responsible for all shipping charges regardless if the data is recovered or not.
Authorisation of Recovery:
If you accept the cost estimate provided by your account representative upon completion of the initial evaluation of your data storage device or media we will apply our existing technology and standard processes and use our best reasonable efforts to recover your data. By submitting your device and payment information, you agree to pay the fee quoted and authorize Zibit Datalab to charge your credit card for such amount if we are able to successfully recover the data as promised.
Unrecoverable / Unsuccessful Recovery:
If we are unable to recover any data, we will inform you accordingly and not charge you for our efforts. If, we are able to recover part but not all of your data, we will inform you accordingly and you may choose to receive the recovered data for the agreed fee.
Declined Recovery Services:
Declined Recovery Services: Based upon your specific problem description over the phone at the time of initial consultation, we will do our best to provide you with a reasonable pre-quote range over the phone or via email. By sending media to us, you agree that you are comfortable with this quote range and to operate on good faith intentions of using our recovery services and resources for the purpose of having us recover data from your media. Upon completion of the evaluation, if it is determined possible for us to successfully recover data from your media and you decline to proceed or to use our recovery services, Zibit Datalab reserves the right to charge a ninety dollar processing fee (resource allocation, storage, labour, and applicable taxes). If data is determined to be unrecoverable there will not be a processing fee.
Data Recovery Guarantee:
Your recovery comes with a 14 business day data guarantee. If we do not recover the data as promised, we will do everything possible to rectify the recovery (including: reshipment at our cost of original drive for additional recovery attempts, etc.) or refund all or part of the recovery fees paid.
Service Limitations:
By agreeing to this service agreement you are stating that you understand that the media/data/equipment you are making available to Zibit Datalab is already damaged, that data recovery efforts can result in further damage and that we will not be held responsible for this or any other type of damage caused to this media.
Severability:
If any provision of these terms and conditions is held invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions shall not be affected thereby.
Any modifications to this agreement must be requested in advance in writing, and must be approved by Zibit Datalab Recovery Services.
Confidentiality Agreement
Zibit Datalab ltd ("Vendor"), agrees, on its own behalf and on behalf of any agents it utilizes to perform Zibit Datalab's responsibilities under this Agreement, that the materials and information which Customer provides to Zibit Datalab or to which Zibit Datalab gains access in the course of performing its responsibilities hereunder including, but not limited to, materials and information relating to software, hardware, technical and systems profiles, documents, records, programs, systems, data, disks, ideas, concepts, theories, designs, approaches, improvements, techniques, methodologies, methods, processes, formulae, procedures, ledgers, files, communications, technical requirements, names, addresses and other identifiers of individuals and business entities, financial information, insurance, and other know-how or information relating to Customer (collectively "Customer Information"), as between the Parties, are the property of Customer, and shall be used and viewed by Zibit Datalab only within the scope of its rights and responsibilities under this Agreement, and shall not be otherwise disclosed to third parties by Zibit Datalab or any of its agents without Customer's prior written approval.
The confidentiality obligations set forth in this Section shall not apply to information and materials: (1) that are or subsequently become publicly available without Zibit Datalab's breach of any duties it owes to Customer or the breach of any confidentiality obligations of any of Zibit Datalab's agents or affiliates which are owed to Customer; (2) was know to Zibit Datalab prior to Customer's disclosure to Zibit Datalab, other than any information or materials obtained from any of Zibit Datalab's agents or affiliates which are either subject to confidentiality obligations in favour of Customer from such agents or affiliates of Zibit Datalab or fail to fall with the exception categories (1), (2), (3), (4), or (5) described herein; (3) become known to Zibit Datalab from a source other than Customer, other than by the breach of an obligation of confidentiality owed to Customer; (4) is independently developed by Zibit Datalab without reference to or use of Customer Information; or (5) when client information is found to contain illegal data such as child pornography defined as a visual depiction of a minor (child younger than 18) engaged in sexually explicit conduct or information that is detrimental to national security.
Zibit Datalab agrees to use Customer Information only to provide services hereunder and not to use such information for any other purpose.
Zibit Datalab agrees to implement and maintain reasonable and customary security measures to safeguard Customer Information. Such measures shall include, but not be limited to, requiring employees who will have access to such information to agree to the confidentiality requirements of this Section.
Business entities, government entities and organizations whose data is successfully recovered by Zibit Datalab may be asked to provide Zibit Datalab the right to use for promotional purposes their respective copyright protected logos and/or names. If any such business entity, government entity or organization does not wish to allow Zibit Datalab use their respective copyright protected logo and/or name for promotional purposes, Zibit Datalab will remove the copyright protected logo and/or name immediately upon request.
Parties acknowledge and agree that it may be necessary for Customer to share Customer Information with Zibit Datalab in order for Zibit Datalab to meet its obligations under this Agreement. With respect to the sharing, use, and protection of Customer Information, Zibit Datalab agrees to the following:
To hold in strict confidence Customer Information obtained from Customers during this Agreement. Not to disclose Customer Information, in any form or medium, to any affiliated or non-affiliated person, firm or corporation except as necessary to perform services under this Agreement or as may be required by law. To the extent that Zibit Datalab contracts with a third party that obtains Customer Information in order to provide services under this Agreement, Zibit Datalab agrees to obtain contractual confidentiality protections to require the third party to hold Customer Information in strict confidence and not disclose it to any person unless required by law. Zibit Datalab agrees to return all Customer Information to Customer either upon request or termination of this Agreement. Zibit Datalab agrees to comply with applicable privacy laws and regulations.
Miscellaneous Provisions:
Customer warrants to Zibit Datalab that it is the owner of, and/or has the right to be in possession of, all equipment/data/media furnished to Zibit Datalab Inc.; and Customer will defend, at its expense, indemnify, and hold Zibit Datalab Inc. harmless against any damages or expenses that may occur (including reasonable attorneys' fees), and pay any cost, damages, or attorneys' fees awarded against Zibit Datalab Inc. resulting from Customer's breach of this section.
This Agreement is intended by the Parties to be the final expression of their agreement, and it constitutes the full and entire understanding between the Parties with respect to the subject hereof. This Agreement may be amended only by a writing signed by the Parties.
The construction, interpretation and enforcement of this Agreement shall be governed by the laws of the United Kingdom without regards to its conflict of law provisions.
Should any part, term, or provision of this Agreement be declared invalid, void, or unenforceable, all remaining parts, terms, and provisions hereof shall remain in full force and effect and shall no way be invalidated, impaired, or affected thereby.
NO WARRANTIES; DISCLAIMER OF ALL WARRANTIES: ZIBIT DATALAB MAKES AND CUSTOMERS RECEIVE NO WARRANTIES OR CONDITIONS FOR ANY GOOD OR SERVICE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH CUSTOMER, AND ZIBIT DATALAB SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ARISING FROM USAGE OF TRADE OR COURSE OF DEALING OR PERFORMANCE.
Use of Cookies
This website makes use of cookies for the sole purpose of site analytics and customer initiated form submission. You can turn off cookies while browsing by changing your browser preferences. However, by turning cookies off, some features of this website will not function.
By not turning cookies off, we will assume that we have your permission to use cookies during your visit to this website.
Analytics
This website use Google Analytics to track visitors of this website. Googles Privacy statement can be read here.
Form Submission
This website provides the facility to submit enquires to Zibit datalab. This form requires the following personal information to enable the company to respond appropriately.
- Name
- Telephone Number
- E-Mail Address
- Device enquiry relates to
- Associated description
Types of cookies used
We use two cookies on this website, these are described below.
| Provider | Purpose | Details |
| Google Analytics | Visitor tracking | Google Privacy |
| 1st Party Session Cookie | Submission of enquiry forms | These cookies are session based and persist only as long as a visitor is using this website. When a visitor navigates away the session data is no longer available. |
Marketing
Occasionally Zibit Datalab will send out e-mail marketing material to its customers and visitors to this website. To ensure that visitors do not recieve such marketing, that have not expressly provided permission, the following applies.
- On form where there is no check box relating to marketing, or other option that allows permission to be granted, it is assumed that permission has NOT be granted.
- On forms where there is a check box relating to marketing, or other option that allows permission to be granted, it is assummed that permission IS granted, unless stated otherwise.
