DATA RECOVERY 

TERMS & CONDITIONS

The following terms and conditions (“Terms”) governs your ordering, purchase, or receipt of data recovery services (“Services”) provided by Bitstream Forensics LLC (“Bitstream”, “Bitstream Forensics”, “we”, “us”, or “our”), with the address of 4510 Charlestown Road, PMB 306 New Albany, Indiana 47150. Following the receipt of a data recovery case submission under these terms Bitstream Forensics will designate the applicable Bitstream Forensics professional to perform the services. Bitstream Forensics reserves the right to make changes to these Terms at any time. The person hiring Bitstream Forensics and making payment to Bitstream Forensics is considered the client (“client” or “you”), and https://www.bistreamforensics.com and any of the pages can be referred to as ‘site’, ‘our site’, ‘website’ or ‘our website’ within these Terms.

 

Services Efforts and Process:

 

If data recovery services are needed, you can send us, Bitstream Forensics LLC, with the address of 4510 Charlestown Road, PMB 306 New Albany, Indiana 47150 (“Bitstream Forensics”, “we”, or “our”), your device or storage media for us to complete an evaluation or by calling us at (502) 693-1136 or by completing the Data Recovery Request Form, or by filling out the contact us form located at https://www.bitstreamforensics.com/contact. The following details how our services work after the data recovery request form is completed online or with one of our professionals.

 

FOR DELETED, LOST, OR

OVERWRITTEN FILES RECOVERIES 

 

  1. Complete a Submission for Device Evaluation: To start a submission for a device evaluation, go to https://www.bitstreamforensics.com/data-recovery and click one of the buttons that say “Start Recovery", "Start Restoration", or “Start Your Data Recovery Now”, to go the Data Recovery Form. Complete the Data Recovery Form.

  2. Cost Estimate: Using the answers from the data recovery form, we will be able to provide a cost estimate for the recovery setup and services to be completed.Please note that if any answers indicate that the client does not know the answer to any question on the data recovery form, the additional cost could potentially be incurred. Bitstream Forensics will make a best effort to quote the price for services with what information is known and will notify the client of additional cost as soon as we know, in order to see how to proceed. The client will receive a formal quote at the email address provided. If there are any questions, concerns, or issues, the client has the right to contact Bitstream Forensics at (502) 693-1136 or info@bistreamforensics.com prior to accepting the quote. Once the quote has been accepted, an invoice is sent to the email address on file. The invoice must be paid prior to Bitstream Forensics completing any work.

  3. Authorization to Complete Work: Once the data recovery form has been completed, accepting the quote, and paying the invoice, this gives Bitstream Forensics authorization to complete the work. We will use reasonable efforts to attempt to recover data on the storage device or storage media using our existing technology and processes. It is important to know that there are limitations and not all data that has been deleted, formatted, or lost is able to be recovered.

  4. Successful Recovery Effort: If we are able to successfully recover your data, you will be contacted by us using the form of communication that you chose on the Data Recovery Request Form. 

  5. Options for Recovered Data(if applicable): If data was successfully recovered, you will have the choices of (1) having your data returned to you on a hard drive, (2) having your data returned on a flash (USB) drive if the amount of data can be properly stored on a flash (USB) drive, or (3) for small amounts of data (25 MB or less) secure email can be used. The Bitstream Forensics professional with discuss options with you. If you decide not to choose an encrypted option and there is data that is protected by law, including but not limited to Personally Identifiable Information (PII), Protect Health Information (PHI), or Payment Card Industry (PCI) information, you agree to assume all risksincluding but not limited to risks with mailing and/or transporting this data. You agree that in the event the protected data viewed or used in any way by someone other than yourself, you will not hold Bitstream Forensics liable for any harm or damages.

  6. Unsuccessful Recovery Effort: For deleted files, overwritten, or lost files, since we do have to complete the full data recovery process on all sectors of the drive, we change our full fee upfront as non-refundable. This means there is a chance you may pay the full rate and not get back the specific files you were hoping to get back. You must be willing to accept this risk in order to proceed with the data recovery service.

  7. Original Media: Regardless of the outcome of the data recovery work, the original storage device or storage media will be returned to you upon request. Please note that this will impact shipping prices. Some devices such as external hard drives may have the media casing removed during the data recovery process. If casings are removed during the data recovery process, the casing is discarded. If your data has been recovered and is being sent back to you, you have 14 days from the notice of a completed recovery to request your original storage device back. After 14 days, we will follow the abandoned device or media policy. You agree to release Bitstream Forensics from any harms or obligations of confidentiality related to the device, media, and data.

  8. Disposal of Abandoned Device or Media or Data after 30 days: Without full payment, any device, media, or data that that has been left with us after 30 days from the date of our receipt will be disposed of in at our discretion, and you agree to release Bitstream Forensics from any harms or obligations of confidentiality related to the device, media, and data.

 

 

 

FOR ALL OTHER TYPES OF RECOVERIES

 

  1. Complete a Submission for Device Evaluation: To start a submission for a device evaluation, go to https://www.bitstreamforensics.com/data-recovery and click one of the buttons that say “Start Recovery", "Start Restoration", or “Start Your Data Recovery Now”, to go the Data Recovery Form. Complete the Data Recovery Form.

  2. Cost Estimate: Using the answers from the data recovery form, we will be able to provide a cost estimate for the recovery setup and services to be completed.Please note that if any answers indicate that the client does not know the answer to any question on the data recovery form, the additional cost could potentially be incurred. Bitstream Forensics will make a best effort to quote the price for services with what information is known and will notify the client of additional cost as soon as we know, in order to see how to proceed. The client will receive a formal quote at the email address provided. If there are any questions, concerns, or issues, the client has the right to contact Bitstream Forensics at (502) 693-1136 or info@bistreamforensics.com prior to accepting the quote. Once the quote has been accepted, an invoice for the non-refundable $100 fee is sent to the email address on file. This fee covers the labor for the analysis and prep work that Bitstream Forensics will complete and is not an additional cost to the total price. This invoice must be paid prior to Bitstream Forensics completing any work. 

  3. Authorization to Complete Work: Once the data recovery form has been completed, accepting the quote, and paying the non-refundable fee invoice (first invoice), this gives Bitstream Forensics authorization to complete the work. We will use reasonable efforts to attempt to recover data on the storage device or storage media using our existing technology and processes. It is important to know that there are limitations and not all data is able to be recovered.

  4. Successful Recovery Effort: If we are able to successful recovery your data, you will be contacted by us using the form of communication that you chose on the Data Recovery Request Form. 

  5. Options for Recovered Data(if applicable): If data was successfully recovered, you will have the choices of (1) having your data returned to you on a hard drive, (2) having your data returned on a flash (USB) drive if the amount of data can be properly stored on a flash (USB) drive, or (3) for small amounts of data (25 MB or less) secure email can be used. The Bitstream Forensics professional with discuss options with you. If you decide not to choose an encrypted option and there is data that is protected by law, including but not limited to Personally Identifiable Information (PII), Protect Health Information (PHI), or Payment Card Industry (PCI) information, you agree to assume all risksincluding but not limited to risks with mailing and/or transporting this data. You agree that in the event the protected data viewed or used in any way by someone other than yourself, you will not hold Bitstream Forensics liable for any harm or damages.

  6. Unsuccessful Recovery Effort: If your data cannot be fully recovered, you will only be responsible for the $100 non-refundable fee that was paid to start work. If no data is recovered at all, you will be refunded the $100 fee. This is the only acceptation to the non-refundable fee.

  7. Unwanted Data: If you decide you do not want the data that has been recovered, you are only responsible for $100 non-refundable fee. 

  8. Original Media: Regardless of the outcome of the data recovery work, the original storage device or storage media will be returned to you upon request. Please note that this will impact shipping prices. Some devices such as external hard drives may have the media casing removed during the data recovery process. If casings are removed during the data recovery process, the casing is discarded. If your data has been recovered and is being sent back to you, you have 14 days from the notice of a completed recovery to request your original storage device back. After 14 days, we will follow the abandoned device or media policy. You agree to release Bitstream Forensics from any harms or obligations of confidentiality related to the device, media, and data.

  9. Disposal of Abandoned Device or Media or Data after 30 days: Without full payment, any device, media, or data that that has been left with us after 30 days from the date of our receipt will be disposed of in at our discretion, and you agree to release Bitstream Forensics from any harms or obligations of confidentiality related to the device, media, and data.

 

Limitations of Service: We cannot and do not make any promises to any results. We provide reasonable efforts and the application of our existing technology and standard processes. Furthermore, our attempts to recovery your data could result in damages to the device, media, or data and may in some cases render any data unrecoverable. Please attempt to back up any data possible before submitting it to us.

 

Authorization: You are giving authorization to Bitstream Forensics and its employees, agents, and delegates to conduct testing, evaluation, access, recovery attempts, and processing of each data storage devices or data storage media that you submit to us.

 

Communication: Communication for quotes and invoices will be sent to the email provided in the Data Recovery Form. If the client starts the process and decides not to finish the process, please call (502) 693-1136 to let your data recovery professional know. Additionally, written communication will beneeded from the email address on file. Your data recovery professional will let you know where to send this email. This is for the protection of the client. If for some reason there is a change in price, this will be discussed with the client by phone, as well as a follow-up email that the client must agree to.

 

Legal Rights: You represent to Bitstream Forensics that you are of legal age in your state and country of residence. You certify that you are the legal owner or authorized representative of the legal owner of the device, media, and data. You certify that all data on your device is legal and that you have unrestricted legal rights (1) to send the device, media, and data to us; (2) to have the data recovered using the Services; (3) to receive the recovered data; (4) to make the decision on the outcome of the original media; and (5) to agree to these Terms. You will defend and indemnify us (including but without limitation to our employees, officers, members, directors, and contractors) from any and all claims or actions relating to the device, media, or data, or your rights or lack of right thereto.

 

Confidentiality: Bitstream Forensics will protect the confidentiality of your data from unauthorized disclosure using the same degree of case as we use to protect our own confidential data. Confidentiality will apply to all legal data. You agree that Bitstream Forensics has the right to turn over any illegal information or data, or devices or media that contain the information or data to law enforcement and you waive your confidentiality rights. You agree that if your devices, media, data, or information is turned over to law enforcement due to illegal information or data, you will not hold any harm (without limitations) to Bitstream Forensics LLC (including but without limitation to our employees, officers, members, directors, and contractors).

 

Disclaimer of Warranties, Representation, and Guarantees: This Service is preformed “as is” with all faults, at your sole risk. We do not extend any express warranties, representations, conditions, or guarantees regarding our services or results of our services, and to the maximum extent permitted by applicable law and subject to any statutory warranties that cannot be excluded, we expressly disclaim all implied warranties, including any implied warranty or condition of merchantability, warranty of fitness for a particular purpose, warranty of accuracy, or warranty of completeness.

 

 

Limitation of Liability: Bitstream Forensics (including but without limitation to our employees, officers, members, directors, and contractors) will not be liable for any harm caused, unless you prove that we caused damages intentionally with the intent to harm. Without limitation on the generality of the foregoing, we will not be liable for the condition, existence, or loss of data you send to us or the data we recover, any loss of revenue, loss of profits, or any indirect, special, incidental, or consequential damages however those damages may be caused. To the maximum extent permitted by applicable law, this disclaimer applies to any and all damages, regardless of the legal theory on which they are asserted, which includes without limitation contracts, breach of contract, and tort, and regardless of whether we have been advised of the possibility of a loss or damages, unless you prove that Bitstream Forensics caused damages to you intentionally with the intent to cause you harm.

 

Liability Cap: This paragraph will apply notwithstanding of any other provisions in this agreement, or the failure of any remedy. To the maximum extent permitted by applicable law, the amount of our liability will not exceed the total price that is actually paid to us by you for the Services. The purpose of the limitation is to limit our liability for performing the Services and is an allocation of risk that is reflected in our prices.

 

Exclusive Remedy: Your exclusive remedy for unsatisfactory data or work will be, at our choice, additional attempts made by us to recover satisfactory data or to refund the amount you paid minus the non-refundable evaluation fee, shipping cost, taxes, and card processing fees. You acknowledge that the prices of our Services would be much higher if we were to take on more extensive liability.

 

Use of this Website: By using https://www.bitstreamforensics.com, you are subject to and agree to be bound by the privacy policy and other terms and conditions of this website. You agree that you will take reasonable precautions to protect information while entering it on the website against unauthorized use and that you will be fully responsible for any activity you engage in on the website, whether authorized or unauthorized. We may terminate or suspend your access to or use of our site, without notice, for any conduct that we believe is disruptive or in violation of any applicable law or our terms and conditions. Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website and/or Social Media pages are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by Bitstream Forensics. Our Website and Social Media as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. Bitstream Forensics will aggressively enforce its intellectual property rights to the fullest extent of the law. The names and logos of Bitstream Forensics, may not be used in any way, including without limitation in advertising or publicity pertaining to distribution of materials on our Website and Social Media, without prior, written permission from Bitstream Forensics. Bitstream Forensics strictly prohibits the use of any logo of Bitstream Forensics or any of its affiliates as part of a link to or from any Website unless Bitstream Forensics approves the link in advance and in writing. If the advance approval in writing includes how long the logo can be used, the logo must be removed on time. Fair use of Bitstream Forensics’ Intellectual Property requires proper acknowledgment. Please note that other product, services, and company names mentioned in our Website may be the Intellectual Property of their respective owners.

 

 

Personal Data: You agree to provide true, complete, and accurate information about yourself as prompted by the request for including, but without limitation, your name, address, phone number, email address, credit, debit, or Paypal information which from herein is referred to as your “Personal Data”. Your personal data must be kept up-to-date and must be promptly changed when changes occur. We shall have no liability associated with or arising from your failure to maintain and update accurate Personal Data. You acknowledge that we will use your personal data to send you important information and notices in regards to your requests. This may include, but without limitation, communication by email, phone, text message, or mail.

 

Terms of Payment: Payments shall be made by credit/debit card, Paypal, or other pre-arranged method of payment acceptable to us that has been put in writing from us. When payment is made with a credit card, debit card, or by Paypal payment is subject to approval of the financial institution issuing the credit or debit card or Paypal payment, and we shall not be liable in any way for financial institutions refusal to accept or honor the credit or debit card payment or Paypal payment for any reason.

 

Taxes including Sales Tax: We will withhold any and all taxes that are required by law including, without limitation, sales tax. You will be responsible for all applicable taxes that are not collected by us. Taxes will be listed on invoices.

 

Compliance with Laws: You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this website, including without limitation all pages, forms, and purchase features. Bitstream Forensics reserves the right, at our sole discretion, to report actual or perceived violations to law enforcement or appropriate authorities. If Bitstream Forensics becomes aware, through a complaint, monitoring, or otherwise, of any potential or suspected violation of these Terms or the general terms and conditions of the website, Bitstream Forensics may, even though we are not obligated to, investigate to determine the nature and extent of the suspected violation and the appropriate enforcement action. During this investigation Bitstream Forensics reserves the right to suspend Services to you if you are implicated and/or remove any material from our servers or website. You agree to cooperate fully with any such investigation conducted by Bitstream Forensics, a third-party investigator hired by Bitstream Forensics, or with law enforcement. You acknowledge that violations of these Terms or the terms and conditions of the site could be subject to criminal and/or civil penalties. You may not assign your rights or obligations under these Terms without Bitstream Forensics’ express written consent.

 

 

Dispute Resolution: All parties will attempt to resolve any and all disputes related to the Services through good faith negotiation. To the extent permitted by applicable law, if the parties are unable to resolve the dispute thought good faith negotiation, then the dispute will then be submitted to final and binding arbitration with the Judicial Arbitration and Mediation Services (“JAMS”). You agree to bear your own costs in arbitration. Both parties also agree to waive their rights to a jury trial. All proceedings will take place in New Albany, Indiana, USA. The laws of Indiana will exclusively govern our provision of the Services, without regard to any conflict of laws rules. You consent to the exclusive jurisdiction of the courts that is located in New Albany, Indiana, USA.

 

Severability: If any provisions of these terms and conditions is held invalid, illegal or unenforceable, such provision shall be enforced to the fullest extended that is permitted by applicable law and the validity, legality, and enforceability of the remaining provisions shall not be affected in any way thereby.

 

Legal: These terms and conditions describe certain legal rights. You may also have other rights under applicable law. These terms and conditions do not change your rights that you have under applicable law if such laws do not permit these terms and conditions to do so.