The Engagement.

Customer has advised CBL that it has been unable to recover certain data, which the Customer represents to be its property, and engages CBL 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 CBL in writing from time to time.

Confidentiality.

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

Postage.

Please note, our postage back to you only includes the following devices;

• 2.5 & 3.5 hard drives
• USB flash drives, SSD’s and small form media
• Smart phone data

Laptops, RAID drives and anything else larger than a standard 3.5 hard drive, the frieght/postage is paid for by you.

Payment.

Before CBL engages in any data recovery activity on your device a fee of $220.00 needs to be paid via our BOOKINGS form on the CBL 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. These fees are as follows:

CBL Data Recovery – Pricing Guide

1. Recovery Assessment Fees

• Internal and External Hard Drives = $250.00
• Laptop – Hard Drives removed = $250.00
• Laptop – Complete with hard drive still installed = $350.00
• USB Flash Drive and Small Form Media = $70.00
• Raid Configuration Drives = $440.00
• Recovery Assessment Fee is paid
• You post the device to our CBL office
• Our technicians attempt to recover your data
• You are called to discuss options

2. Successful Data Recovery! (retrieval and delivery fee based on device type)

• 2.5 & 3.5 hard drives and SSD’s = $ 330.00
• Laptops = $ 330.00

The standard price of successful recovery is $330. Your data will be written to a new 1 Terabyte hard drive and sent to your preferred address. If the amount of data recovered is larger than 1 Terabyte, a $110 fee applies per extra Terabytes required.

• USB flash drives and small form media = $ 170.00

The standard price of successful recovery is $170. Your data will be written to a new USB drive (up to 64GB) and sent to your preferred address.

• RAID configuration with 2 drives (not RAID 1) = $ 660.00
• Any additional drive part of the Raid is $220.00 per drive.

Your data is loaded onto 1 x 2TB drive. Please note that if your data recovered is larger than 2TB, a $110 fee applies per extra 1 TB.

3. If Parts Are Needed During Recovery, You Are Notified

• 2.5 & 3.5 hard drives = $ 330.00
• RAID 1 drive configurations = $ 330.00
• Other RAID drive configurations = $ 440.00

4. Rush Fee Option – (Your Device is Prioritised #1 Job

• 2.5 & 3.5 hard drives = $ 220.00
• Laptops = $ 220.00
• USB flash drives and small form media = $ 100.00
• RAID configuration drives = $ 440.00

Acknowledgement of Existing Conditions.

The Customer acknowledges that the equipment/data/media may be damaged prior to CBL’s receipt, and the Customer further acknowledges that the efforts of CBL and/or its suppliers to complete the Engagement may result in the destruction of or further damage to the equipment /data/ media.  CBL 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 CBL’s efforts to complete the Engagement.

NO WARRANTIES; DISCLAIMER OF ALL WARRANTIES.

CBL, 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, CBL, 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 CBL 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 CBL or any authorized representative has been advised of the possibility of such damages. The total liability of CBL or its suppliers to the Customer under this agreement shall in no event exceed the total sums paid by the customer to CBL.

The Customer’s Representation and Indemnification.

The Customer warrants to CBL that it is the owner of, and/or has the right to be in possession of, all equipment/data/media furnished to CBL; and the Customer will defend, at its expense, indemnify, and hold CBL harmless against any damages or expenses that may occur (including reasonable lawyers’ fees), and pay any cost, damages, or attorney’s fees awarded against CBL 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 Queensland, 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 CORPORATE DATA RECOVERY PTY LTD (ABN 29-166-128-098), trading as CBL DATA RECOVERY (“CBL”), PO Box 1032, GAILES, QLD 4300. 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 authorised representative of each party to this agreement.

Agreement. 

Facsimile signatures for this Agreement and any subsequent exhibits are effective to bind the signing party and are admissible in any court and/or for any lawful purpose.  This Agreement, together with any exhibits or attachments, constitutes the entire Agreement between the parties in relation to this subject matter.