1. Authorization to Perform Services

The client authorizes Aesonlabs Data Recovery to inspect, diagnose, access, connect, disassemble, repair temporarily, image, read, copy, reconstruct and otherwise work with the submitted media or files as reasonably required to perform the requested service.

Depending on the case, this may include physical disassembly, electronic diagnosis, firmware access, component replacement, temporary modification, imaging, file-system reconstruction, data extraction, file carving, signal processing or other specialized procedures.

2. Ownership and Authority

The client represents that they are the lawful owner of the submitted media and data, or that they have sufficient legal authority from the owner to authorize Aesonlabs to perform the requested services.

Aesonlabs may decline or suspend work where ownership, authority or authorization is unclear.

3. Diagnostics and Estimates

Initial estimates are based on the information available at the time of assessment. The true condition of damaged storage media may not be known until diagnostic or recovery work has begun.

If additional damage, previously unknown technical conditions or additional work materially changes the required scope, Aesonlabs may issue a revised estimate or request additional authorization before proceeding.

Unless expressly stated otherwise in writing, an estimate is not a guarantee that any particular file, folder, recording, database or quantity of data will be recoverable.

4. Deposits and Authorization to Proceed

A deposit may be required before technical recovery work begins. Unless otherwise stated in the case estimate, the standard recovery deposit is approximately 40% of the authorized recovery fee.

Payment of a requested deposit constitutes authorization to proceed with the work described in the applicable estimate or case correspondence.

Deposits are applied toward the authorized service. Amounts already earned through completed diagnostic, engineering or recovery work are not refundable merely because the client later chooses not to take delivery of the available recovery results.

5. Donor Parts and Specialized Components

Certain recoveries require donor drives, replacement components, adapters, memory devices, specialized parts or other materials that must be acquired specifically for the client's case.

Once a donor part or specialized component has been ordered or purchased for an authorized case, the associated cost is non-refundable.

Donor-component charges are separate from recovery labour unless the written estimate expressly states otherwise.

6. Recovery Results

Data recovery is an attempt to retrieve information from damaged, degraded, corrupted, inaccessible or otherwise compromised media. Recovery results depend on the physical and logical condition of the submitted device and cannot be guaranteed in advance.

Aesonlabs will use reasonable technical methods appropriate to the condition of the media and the authorized scope of work.

A successful recovery does not necessarily mean that every sector, file, folder or item originally stored on the media can be recovered intact.

7. Partial Recovery

Some media can be recovered only partially because portions of the storage surface, memory, file system or underlying data are permanently damaged or unreadable.

Where usable data has been successfully extracted but some material remains unrecoverable, the recovery may be classified as a partial recovery.

Partial recovery does not mean that no technical work was completed. Recovery charges reflect the authorized diagnostic, engineering, imaging, reconstruction and extraction work performed on the case.

Where practical, Aesonlabs may provide a file listing, representative sample, recovery summary or other information that allows the client to evaluate the available result before final delivery.

8. Payment

Unless otherwise stated in writing, outstanding balances are due within seven (7) days of invoice or notification that the authorized work has been completed.

Recovered data, reports, storage devices or other deliverables may be withheld until the applicable invoice has been paid in full.

Applicable taxes, shipping charges, donor-component costs, replacement media and other authorized expenses are payable in addition to the quoted service fee unless expressly included in the estimate.

9. Late Payment

Overdue balances may be subject to a late charge of 1.5% per month on the outstanding balance, or the maximum amount permitted by applicable law if lower.

The client may also be responsible for reasonable costs incurred in collecting an unpaid balance where permitted by law.

10. Data Delivery and Verification

Recovered data may be delivered on client-supplied media, Aesonlabs-supplied media, encrypted storage, secure transfer or another agreed delivery method.

The client is responsible for reviewing delivered data promptly and confirming that the required files have been received and can be accessed.

Once data has been delivered, the client should immediately maintain at least one additional independent backup.

11. Retention of Recovered Data

Aesonlabs may temporarily retain working copies or backup copies of recovered data following completion of a case to facilitate delivery, verification or reasonable follow-up requests.

Unless a different retention period is agreed in writing, recovered data may be retained for up to approximately ninety (90) days after completion or delivery and may thereafter be permanently deleted without further notice.

Clients may request earlier deletion where technically feasible and where retention is not required for legal, accounting, dispute or other legitimate purposes.

Once retained recovery data has been deleted, Aesonlabs may be unable to provide another copy if the client's delivered copy is subsequently lost, deleted, corrupted or damaged.

12. Media Pickup and Abandoned Property

Original media and other physical property should normally be collected or return-shipping arrangements completed within thirty (30) days after the client is notified that the case is complete.

Media that remains unclaimed for ninety (90) days after completion, despite reasonable notice or availability for return, may be treated as abandoned to the extent permitted by applicable law.

Aesonlabs may securely dispose of abandoned media where legally permitted. Any outstanding balance remains payable.

13. Confidentiality and Privacy

Aesonlabs treats submitted media, recovered data and client case information as confidential.

Personnel access client data only to the extent reasonably necessary to diagnose the case, perform the authorized service, verify recovery results, troubleshoot technical issues or fulfil authorized client requests.

Our handling of personal information, recovered data, service providers, retention and lawful disclosure is described in the Aesonlabs Privacy Policy.

14. Condition of Media and Risk

Storage media submitted for recovery is, by definition, damaged, failing, inaccessible or suspected of being unreliable.

The client acknowledges that diagnostic and recovery procedures may involve additional stress on already-failing media and that the condition of such media may deteriorate without warning.

Aesonlabs will use reasonable care and appropriate technical methods, but cannot guarantee that submitted media will remain in the same physical or operational condition in which it was received.

15. Limitation of Liability

To the maximum extent permitted by applicable law, Aesonlabs is not responsible for indirect, incidental, consequential, special or economic losses arising from media failure, data loss, loss of use, lost profits, lost business opportunities or interruption of operations.

Aesonlabs does not warrant that all requested data can be recovered, that recovered files will be complete or error-free, or that damaged media can be restored to normal operation.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under applicable law.

16. Audio and Technical Analysis Services

Audio enhancement, authentication, speaker or voice comparison, technical media analysis and related services are performed within the scope described in the applicable estimate, correspondence or report.

Technical conclusions are based on the materials provided, the methods used and the condition and quality of the available evidence. Findings should be interpreted within the stated limitations of the analysis.

Aesonlabs does not guarantee that a recording, report, technical opinion or other analysis will be admitted into evidence, accepted by a court, accepted by another expert or produce any particular litigation, investigative or administrative outcome.

17. Third-Party and Specialized Services

Certain cases may require specialized equipment, external technical processing, donor-part suppliers, shipping providers, payment processors or other service providers.

Where specialized technical assistance is required, Aesonlabs may engage an authorized technical partner or specialist where reasonably necessary to complete the requested service.

Information and media supplied to such providers will be limited to what is reasonably required for the authorized work.

18. Shipping and Transportation

Unless expressly agreed otherwise, the client is responsible for adequately packaging media for shipment to Aesonlabs.

Shipping carriers are independent third parties. Aesonlabs is not responsible for loss, delay or damage occurring while a shipment is outside Aesonlabs' possession, except to the extent liability cannot lawfully be excluded.

Clients should use appropriate protective packaging and retain tracking information for shipped media.

19. International Clients

Clients sending media across international borders are responsible for complying with applicable customs, export, import and shipping requirements.

Customs charges, duties, taxes, brokerage fees or other border-related charges are the responsibility of the party to whom they are assessed, unless otherwise agreed in writing.

20. Cancellation

A client may request cancellation of a case before completion. Cancellation does not eliminate charges for diagnostic, engineering, recovery or other work already performed, nor does it make donor parts or specially acquired components refundable.

If Aesonlabs has not yet begun chargeable work, any applicable refund will depend on the circumstances of the case and any costs already incurred.

21. Governing Law

These Terms & Conditions are governed by the laws of the Province of Ontario and the applicable federal laws of Canada.

Any dispute concerning these Terms or the services provided by Aesonlabs will be subject to the jurisdiction of the courts of Ontario, except where applicable law requires otherwise.

22. Changes to These Terms

Aesonlabs may update these Terms & Conditions from time to time to reflect changes in services, operating procedures or legal requirements.

The version applicable to a case is the version in effect when the applicable service is authorized, unless otherwise agreed in writing.

23. Contact

Email: support@aesonlabs.ca
Telephone: 1.888.833.8701