Terms and Conditions
The following terms and conditions govern your request for, purchase of, or receipt of data recovery services provided by JiWang Data Recovery (hereinafter referred to as "JiWang," "we," "us," "our," or "the lab"), with offices located at:
Room 1322, 13th Floor, Buynow Technology Building, No. 23 Jiaogong Road, Xihu District, Hangzhou
Room 1323, 13th Floor, Buynow Technology Building, No. 23 Jiaogong Road, Xihu District, Hangzhou
We encourage you to read our Terms and Conditions before submitting a data recovery case. Upon receiving a case submitted under these terms, the company will assign an applicable representative to provide service. JiWang Data Recovery reserves the right to modify these terms at any time.
Evaluation Process
The purpose of the evaluation process is to assess the likelihood of data recovery and estimate the resources required (e.g., engineer time, spare parts) to provide an accurate quote.
Free evaluation and diagnosis. If data cannot be successfully recovered or copied, no additional fees will be charged.
Service Quote and Authorization for Recovery
To accept the fees and terms outlined in the service quote, please sign the quote electronically and provide credit card information to authorize the data recovery process.
Turnaround times are estimates based on best-case scenarios. Due to the nature of data recovery, unforeseen complications or technical issues may arise during the process, potentially extending the timeline. By approving these terms and conditions, you acknowledge that such delays may occur.
Data recovery fees do not include a new storage device for returned data, which will be quoted separately. Where feasible and within size limits, recovered data may be provided via secure cloud storage.
Customers must ensure the correct media is submitted. JiWang Data Recovery assumes no liability for customer errors. If a customer submitsan incorrect storage device, authorizes data recovery services, and JiWang Data Recoverycompletes the service, the customer is responsible for payment of the authorized services. These and all other recovery terms are detailed in a separate agreement signed by the customer.
Recovery Service Completed
We will use all available methods to recover all retrievable data from your storage device. If data is successfully recovered, we will contact you via email, phone, or messaging app to arrange a file verification session. Additional details regarding completed recovery services are outlined in a separate agreement signed by the customer.
Recovered Data Delivery Options
Recovered data will not be released until all applicable fees, including service charges, new device costs, and shipping, are paid in full. We offer two delivery options: (1) Secure download via a provided account; or (2) Return on a new external hard drive (additional fee applies). Returned media is encrypted by default to ensure security during transit. Additional details regarding data delivery options are outlined in a separate agreement signed by the customer.
Unsuccessful Recovery
Return Original Media
Upon request, the original device can be returned to you. You will be responsible for return shipping costs.
Please do not send USB cables or other accessories with your device. All enclosures, cables, and original packaging are removed and discarded during evaluation.
Disposal of Storage Media
Any data storage devices left at our facility without notice will be disposed of, reused, or recycled after 30 days, releasing JiWang Data Recovery from any confidentiality obligations. A certificate of destruction is available upon request.
Service Limitations
As the legal owner of the submitted storage device, you understand that data recovery cannot be guaranteed. While we make every reasonable effort, we do not promise specific results. You acknowledge that hard drives, flash drives, memory cards, or phones may fail at any time during the process, potentially making data unrecoverable. In no event shall JiWang Data Recoverybe liable for any such incidents.
Payment Terms and Plans for Data Recovery Services
Customers must provide a valid payment method. No upfront payment is required for data recovery services. We accept various payment methods and offer payment plans. All additional payment details are agreed upon in a separate signed document.
Refunds
No fees are charged if the device is not shipped to the lab.
Data recovery fees paid are non-refundable if the device has been delivered to the lab or if the provided shipping label was used.
Secondary recovery parts fees (if applicable) are non-refundable. Once paid, these fees cannot be refunded even if the data recovery process is unsuccessful.
Due to the nature of data recovery, refunds cannot be processed once results have been verified remotely.
Taxes
You agree that JiWang Data Recoveryshall withhold all taxes where necessary and required by law.
Authorization
Upon shipping your storage device to JiWang Data Recovery,you automatically authorize JiWang Data Recovery,its employees, independent contractors, agents, and representatives to receive, transport, inspect, evaluate, analyze, attempt recovery on, and process each storage device.
Legal Rights
By submitting a new data recovery case, you represent to JiWang Data Recoverythat you are of legal age in your state or country of residence. You also represent that you are the lawful owner or an authorized representative of the lawful owner of the submitted device and/or data. Furthermore, you represent that the data on the device is lawful and that you possess all necessary legal rights to:
– Send us the storage media and data;
– Use JiWang Data Recovery's services to recover data;
– Receive the recovered data;
– Agree to these terms and conditions.
The lawful owner or authorized representative of the submitted device shall defend and hold harmless JiWang Data Recoveryand its employees from any claims or legal proceedings related to the submitted storage device, equipment, or data, or your rights thereto.
Confidentiality
Protecting the confidentiality of your personal information and recovered data is essential. We confirm that we will protect the confidentiality of your data against unauthorized access, except as required by law, and will not use the submitted storage device or confidential data for any purpose other than data recovery.
Disclaimer
JiWang Data Recovery, its employees, engineers, directors, and officers make no express warranties, guarantees, representations, or conditions regarding the data recovery services provided or their results. All data recovery attempts are performed on an "as-is" basis with all known faults, and you assume all associated risks.
Limitation of Liability
The customer acknowledges that the data storage device was already damaged prior to receipt by JiWang Data Recovery.JiWang Data Recovery assumes no liability for any claims regarding the storage device, its shipping, packaging, damage, physical functionality, or the condition or existence of data on the device before, during, or after data recovery services,unless you can prove that we intentionally caused the damage. To the maximum extent permitted by applicable law, this disclaimer applies to all damages, regardless of whether JiWang Data Recoveryhas been advised of the possibility of injury or loss to persons or property. Any liability of ours related to data recovery services (including our own negligence) shall be limited to the total amount paid by the customer for the services provided. Under no circumstances shall JiWang Data RecoveryNeither JiWang Data Recovery nor its contractors, officers, directors, or employees shall be liable for any data loss, equipment damage, loss of revenue or profits, or any indirect, special, incidental, or consequential damages arising from services provided. This limitation is intended to cap our liability for data recovery services, and this risk allocation is reflected in our pricing. You acknowledge and agree that assuming greater liability would result in higher service fees. You further acknowledge the inherent risks associated with data recovery, including but not limited to potential damage to storage devices or data and the possibility that data may not be recoverable. You assume sole responsibility for these risks.
Data storage devices may be shipped by the customer or a third-party courier. JiWang Data Recoveryassumes no liability for the condition of the customer's data storage device or its transportation to and from JiWang Data Recovery's facility, a third-party courier, or any address provided by the customer. The customer may request insurance coverage for the storage device during transit at an additional cost. The customer agrees to notify JiWang Data Recovery in writing of anyspecial packaging requirements and the insured value required for shipping the data storage device.
When JiWang Data Recoveryships a customer's data storage device, JiWang Data Recoverywill use appropriate packaging and estimate the physical value of the device for shipping purposes.
In the event of damage or loss to a data storage device, an insurance claim may be filed with the courier. Following an investigation, compensation may be issued upon claim resolution. For any claims denied by the courier, JiWang Data Recoveryassumes no liability, and the customer may not dispute fees paid for completed data recovery services.
Personal Information
You agree that you (as the legal owner or authorized representative) will provide accurate information as required by the online submission form, including your full name, email address, physical address, phone number, and payment card details. You must maintain and promptly update your personal information (hereinafter referred to as Personal Data).
You also agree that we may communicate with you via the contact methods provided in the form and send notifications regarding your case. JiWang Data RecoveryJiWang Data Recovery assumes no legal liability for your failure to maintain proper personal data backups.
Legal Compliance
As a customer, you acknowledge and agree to comply with all applicable laws and regulations regarding the use of JiWang Data Recoveryservices and this website. JiWang Data Recoveryreserves the right to report any violations to law enforcement or other relevant authorities. Upon learning of any violation involving JiWang Data Recoveryservices or the specific terms and conditions of this website, JiWang Data Recoveryreserves the right to conduct an independent investigation to determine the extent and motive of the damage. You agree to cooperate with such investigations and understand that the results may be submitted to law enforcement or other relevant authorities, and that you may face penalties and civil liability.
International Trade Law
You understand that all JiWang Data Recoveryservices and this website are subject to U.S. customs and export control laws and regulations. JiWang Data Recoveryreserves the right to refuse data recovery services or return any storage device determined to violate applicable laws and regulations.
Dispute Resolution
Any dispute arising out of or relating to this Agreement, including alleged breach, termination, validity, interpretation, and performance ("Dispute"), shall be resolved through the following procedures:
A. Negotiation
Upon receipt of written notice of any Dispute, the parties shall attempt to resolve it promptly through negotiation between executives with authority to settle. This process shall be completed within 30 days ("Negotiation").
B. Mediation
If the Dispute is not resolved through Negotiation under Section A, the parties shall proceed to mediation unless they agree to a different timeframe. A "Notice of Mediation" shall be served indicating that negotiations were unsuccessful and
initiating the mediation process. The parties shall agree upon a mediator; however, if they cannot agree within 14 days, [Local Mediation Service Provider] shall appoint one. The mediation session shall be held within 45 days of the mediator's retention and shall last at least one full mediation day, after which either party may opt out. The parties may agree to continue mediation beyond one day until a settlement is reached or a party [or the mediator] declares that further proceedings are unwarranted due to an insurmountable impasse, terminating mediation via a "Notice of Mediation Termination." We will make all reasonable efforts to complete mediation within 30 days of the first session.
During mediation, neither party may refuse or delay proceedings based on incomplete compliance with Section A. Service of the Notice of Mediation shall toll any applicable statutes of limitations regarding the Dispute until 30 days after the parties agree to end mediation or the mediator issues a notice of impasse. Unless otherwise agreed, each party shall bear its own mediation costs.
All written and oral communications during Sections A and B are confidential and shall be treated as settlement negotiations under applicable evidence rules; however, documents generated in the ordinary course of business prior to the Dispute (which would otherwise be discoverable) shall not become confidential solely because they are used in negotiation or mediation. The process shall remain confidential according to terms acceptable to the mediator and/or mediation service provider.
C. Arbitration
Any Dispute not resolved through Negotiation or Mediation under Sections A and B shall be resolved by final and binding arbitration under New York City rules. Arbitration shall take place in New York City before a single arbitrator, unless the amount in controversy exceeds one million U.S. dollars, in which case a panel of three neutral arbitrators shall preside. The arbitrator(s) may award costs and/or attorney's fees to the prevailing party. Both parties understand that arbitration is final and binding, and they waive their right to other resolution procedures (e.g., court litigation or administrative proceedings).
Tasks
You agree that, unless JiWang Data RecoveryThese terms may not be assigned or transferred without prior written consent. JiWang Data RecoveryWe reserve the right to assign or delegate all or part of our rights and obligations under these terms without your prior approval, but we will provide you with written notice if such an assignment occurs.
This document was last updated on May 30, 2023.