In these terms and conditions, references to “Fields Data Recovery” relates to Fields Data Recovery
a trading title of Fields Associates Ltd. The term “Client” or “Customer” relates to any person, firm,
company or any other party that sends media to Fields Data Recovery for diagnostics or data recovery.
The word “Full” or phrase “Full Recovery”, when used in relation to the process of data recovery or the
amount of data recovered relates solely to the amount of data that has been able to be recovered from
the media and not to the amount of data originally contained on the media.
As part of its diagnostic process, Fields Data Recovery agrees to use its best commercial knowledge
and expertise to determine the probability of and, where possible, the volume of recoverable data from
the client’s media.
As part of its recovery process, Fields Data Recovery will endeavour to retrieve or replicate the
maximum amount of data from the client’s media.
Fields Data Recovery’s days of business are defined as Monday to Friday, excluding any public
holiday. Business hours are defined as 9.00AM to 5.30PM. Data Recovery services may be provided
outside of these hours. Any diagnostic and/or recovery services provided outside of these hours shall be
carried out at an agreed rate on a case-by-case basis.
Fields Data Recovery will use all reasonable endeavours to achieve reasonable response times.
However, unless otherwise agreed, failure to achieve any response times is not a contractual obligation.
Estimates, Quotations and Payments
All Fixed Price Quotations offered by Fields Data Recovery are valid for a period of seven days,
unless otherwise agreed. After this period the quotation may alter without notification.
All prices quoted by representatives of Fields Data Recovery are exclusive of VAT (currently 20% of
the total amount payable).
Acceptance of a quotation may be given in writing, verbally in person or via telephone, facsimile or
electronic mail. Fields Data Recovery reserves the right not to commence any recovery work until
approval is given.
In the event that the client decides not to proceed with the recovery of data, after approval has
been given, Fields Data Recovery reserves the right to charge the client for any work and / or parts
used to date. This charge is at the discretion of Fields Data Recovery and may be equal to, but not
exceed, the total approved amount for the recovery process.
The client understands that payment is due in full upon completion of the data recovery process and
prior to the release of data and/or original media (whether shipped, picked up or downloaded), unless
otherwise agreed. Payment can be made via Credit/Debit card (VISA, MasterCard, American Express,
Switch, Maestro, Electron etc), company or personal cheque or bank transfers. On occasions Fields Data
Recovery may reserve the right to demand that any payment be cleared in full before the data is released
to the client.
Fields Data Recovery reserves the right to charge interest and/or administration fees for any
payments outstanding after the specified due date. The current interest rate charged by Fields Data
Recovery is 1.5% for each month the payment is outstanding. The current rates charged for
administration are as follows: late payment; £75 for each calendar month outstanding, £10 for each
telephone communication regarding any outstanding balance, £30 for each letter issued regarding any
outstanding balance and £10 for a copy of the original invoice. All amounts listed exclude VAT.
As part of its confidentiality policy, Fields Data Recovery agrees not to disclose any/all information or
data files supplied with, stored on, or recovered from client equipment except to employees or agents of
Fields Data Recovery subject to confidentiality agreements or as required by law, without the consent of
Fields Data Recovery agrees to only use authorised data recovery engineers, and that all media
supplied to Fields Data Recovery will be stored in a secure manner at one of its premises. The client
understands that the location of storage may not be the same as the location to which the media was
All data recovered from a client’s media is stored on offline storage devices in accordance with the Data
Protection Act 2018.
- Diagnostics and Recovery Processes
All diagnostic reports are provided to the client via telephone or electronic mail, unless otherwise
agreed by a representative of Fields Data Recovery.
Due to the nature of data recovery, our technicians may be required to carry out physical work on the
media/data/equipment made available to Fields Data Recovery. Therefore, the client acknowledges that
the media/data/equipment is already damaged,
data recovery efforts may result in further damage to the media/data/equipment
the media/data/equipment warranties may become void, and
Fields Data Recovery is not responsible for this or any other type of damage.
The client is aware that on occasions, Fields Data Recovery may be required to use additional media
to continue with the diagnostic phase and/or carry out its recovery efforts. Examples of this include, but
are not limited to, spare parts for disk drives and specific adaptors or connectors. Fields Data Recovery
reserves the right to charge the client for such additional media at an agreed cost.
On rare occasions, Fields Data Recovery may require the client to cover some of the cost of
attempting the recovery. This request will only apply when the recovery is complex or when severe
damage has occurred and only as a no-obligation, fixed price quotation, and is not offered as part of
Fields Data Recovery’s “no recovery, no fee” service. Please note that this charge as with all charges
made by Fields Data Recovery are not obligatory and the client may refuse this, and any other charge,
and request the return of their media.
Fields Data Recovery agrees that any payment for a recovery will only be processed in the event that
data is successfully recovered from the client’s media. The client understands that due to the complex
nature of data recovery, it is not always possible to recover all the information from the client’s media.
Fields Data Recovery makes no provisions for the completeness, relevance or importance of the data
recovered for the client unless otherwise agreed in writing by Fields Data Recovery and the client.
Fields Data Recovery reserves the right to send or redirect any equipment or media received at any
of our premises to the most suitable location for data recovery. This includes making use of affiliate or
parent company laboratory facilities. In these instances Fields Data Recovery will use a courier for the
transport of the media or equipment. The client agrees that a) Fields Data Recovery will assume the costs
of this transportation and b) Fields Data Recovery are not responsible for any damage or loss to any
items transported as part of the overall aim to recover the client’s lost data.
Performance, Delivery & Carriage
Fields Data Recovery agrees to return all recovered data on suitable media. Examples of this
include, but are not limited to a USB pen drive, an external replacement hard drive or an FTP download (up to 10GB in size). As part of its standard data recovery service Fields Data Recovery currently returns a maximum of 58GB of data on a USB pen drive.
Fields Data Recovery reserves the right to refuse to return or charge the client an agreed amount for returning data on these forms of media when the recovered data exceeds these limits. The client must pay an agreed amount for any replacement media and this amount is in addition to the costs agreed for the data recovery service unless otherwise agreed in writing by a representative of Fields Data Recovery.
All data recovered by Fields Data Recovery is returned to the client via a next day traceable service.
Examples of this include, but not are limited to, DHL, UPS, TNT or Fedex. However, other arrangements for the return of client’s data may be arranged. On occasions Fields Data Recovery reserves the right to charge
the client for the postal service provided and any associated administration fees. This charge is in addition to the charge agreed for the data recovery process.
Fields Data Recovery holds no responsibility for delays caused as a result of the postal network. In
these circumstances no compensation will be given for loss of profits, inconvenience etc., unless
previously agreed by Fields Data Recovery.
The client agrees to inspect or to procure to inspect the goods delivered at the earliest opportunity
after delivery or attempted delivery and in any event within five calendar days of delivery or attempted
delivery. Any claims for shortfall in delivery of goods, or claims that the goods do not comply with the
order agreed with Fields Data Recovery, must be notified in writing within seven calendar days of
delivery. Claims made outside of this time period may only be resolved at the discretion of Fields Data
Fields Data Recovery will retain a copy of your recovered data for a period of seven days from the
date of dispatch. During this period Fields Data Recovery will answer any queries concerning the
recovered data and, if required, provide further copies. On occasions, with the client's consent, Fields
Data Recovery may retain a copy of your recovered data and/or digital image beyond this point. In
circumstances such as these, Fields Data Recovery reserves the right to charge a fee for duplicate
copies of data, data storage, management and security.
The client and Fields Data Recovery agree that the sole and exclusive remedy for any unsatisfactory
work shall be at Fields Data Recovery’s discretion. Fields Data Recovery reserves the right to either (a)
try additional attempts by Fields Data Recovery’s engineer to remedy any unsatisfactory work, or (b) to
refund the amount paid by the client in full or part.
All media sent to Fields Data Recovery for data recovery may be retained within one of its
international offices for a period of up to fourteen days after completion of the data recovery service. As
per our 'Return Drive Policy' you may request the return of your media within 28 days of us receiving your
drive. The client understands that the delivery timeframes provided are calculated from the date of
recovery plus fourteen days. Please see our Return Drive Policy for full details.
The client understands that all media which is returned via our free return service is provided by
standard postal service and this service is non-traceable, Fields Data Recovery holds no responsibility for
any media lost or damaged within the postal network. The client understands that this is a 21 day service,
calculated as indicated in 5.7. Our Return Drive Policy can be viewed here: www.fields-datarecovery.
The client understands that Fields Data Recovery does not offer any guarantees or warranties of any
kind and that the extent of any Fields Data Recovery's liability to the client is strictly limited to the fees you
pay Fields Data Recovery for its data recovery service.
- Data Integrity
The client accepts that Fields Data Recovery will not examine the contents of any file contained on
the media supplied to them.
Fields Data Recovery gives an integrity percentage of any data recovered. This is an estimate only
and is derived using specialist software that performs a file signature verification process. This is where
the recovered files signatures are matched against their extension. This process does not guarantee the
level of integrity and may vary depending on various factors including, but not limited to, the file type and
whether or not it is encrypted. The percentage given is an estimate only.
Fields Data Recovery accepts no responsibility or liability whatsoever for the contents, integrity,
functionality, corruption or usefulness of the data recovered.
Whilst every effort is made to recover as much data as possible from any media received and any
specific files requested by the client the recovery process is such that it is not specific and the sale of data
is generic and based purely on the amount of data recovered and the labour in recovering that data.
Therefore, should the client wish to know what files have been recovered they should request a file list
from their account manager in writing or by email. This is the client's responsibility and a file list will not be
provided unless requested from Fields Data recovery in writing or by email by the client. The file list
shows the files recovered. Fields Data Recovery gives no guarantee as to the integrity of the data shown
on the file list or any other data recovered.
The client agrees that all media and its content provided to Fields Data Recovery is legal and the
lawful possession of the client and that the client has the legal right to request data recovery services, as
described under the Laws of England and Wales.
These Terms and Conditions were last modified on 8th February 2019.