Terms & Conditions
Customer agrees to the following terms and conditions by purchasing and/or using Gadgettechbd services:
1. INTERPRETATION
The following meanings will apply to these Terms:
An individual, single trader, partnership, limited company, or public entity that uses Gadgettechbd services is referred to as a "customer." The term of the customer includes all Gadgettechbd authorized channel partners.
"Confidential Information" refers to any confidential information (whether recorded or maintained) given by one party to the other in connection with the Services, including but not limited to any information that each party would consider confidential;
"Contract/Agreement" refers to a legally enforceable contract/agreement between Customer and Gadgettechbd that is regulated by the Terms set forth below.
Data" refers to information created in electronic form of any description that is stored and transmitted in the form of electrical signals and recorded on magnetic, optical, flash, or mechanical recording media, but excludes installed operating system files, application/software program files, default download folder files, data files under bad sectors, download history, and internet surfing history.
"Data Recovery" refers to the full or partial data recovery/restoration of particular files and folders only as specified by the customer in the MAF as being totally or partly lost, damaged, or erased data from Media due to technological flaws, human mistake, or other reasons. If the customer does not specify particular files and folders in the MAF, the client must unconditionally accept the recovered data as provided by Gadgettechbd and will be responsible for paying the whole recovery cost to Gadgettechbd.
"Service Costs" refers to the charges for the Services that the Customer is responsible for, as detailed in the Inspection Report/Quotation for the Services.
The word "inspection" refers to a preliminary examination of the customer's storage media to assess the likelihood of data recovery.
"Inspection Charges" refers to the fees paid by the customer to Gadgettechbd when the media is handed over to Gadgettechbd for inspection.
"Inspection Report" refers to the official report or quote produced by Gadgettechbd and submitted to the client, evaluating the likelihood of recovering specific data as described in the MAF, as well as the costs and time required, as well as the report's validity term. The final result may vary from what was predicted in the Inspection Report. The customer undertakes to hold Gadgettechbd harmless in the event of any discrepancy between the final recovery result and the data recovery estimate provided in the Inspection Report.
"Media" refers to hard drives, USB flash drives, external hard drives, laptop hard drives, computer hard drives, server hard drives, storage box hard drives, solid-state drives, tape media, and other electrical, magnetic, or electromechanical storage devices on which data recovery must be conducted.
"Job ID" refers to the unique identification number given by Gadgettechbd to the media received from the client, which is to be utilized and cited in all media-related correspondence.
The term "defects" refers to three different types of flaws, each of which may be categorized into one of three groups.
• Physical flaws are defined as faults in the medium caused by delayed reading, faulty sectors, or the failure of one or more components.
• Logical flaws are media faults caused by data loss, corruption, or overwriting, formatting, or data restoration issues.
• Faults that arise as a consequence of a mix of Physical and Logical defects are referred to as Logical-cum-Physical defects.
"Services" refers to data recovery, data erasure/data wiping services, degaussing services, data repair services, data migration services, and/or data restoration services, among other things.
"Website" refers to Gadgettechbd 's website at https://www.gadgettechbd.com, as well as any other website Gadgettechbd may use to do business from time to time.
Working and empty storage media of capacity equal to or larger than that supplied by the Customer to collect the recovered data from Gadgettechbd are referred to as "Additional Storage Media."
“Spare Storage Media” refers to new/working storage media with the same/similar technical specifications/configuration as the customer's storage media, such as make, model, firmware, PCB number, and so on, that the customer provides to Gadgettechbd to facilitate data recovery for their provided job from their storage media.
Any written or oral request by the Customer to Gadgettechbd for Inspection, Data Recovery, or any other service, as the case may be, is referred to as an "Order." Gadgettechbd will continue with the required service after receiving payment and relevant documentation following the conditions agreed upon in the Inspection Report/Quotation.
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2. PROCESSING OF ORDERS
Following an initial telephone consultation, or submission of an online form/request for a callback via our Website, or Chat, or SMS, or e-mail, or any social media platform, Customer will personally hand over their Media to Gadgettechbd for Gadgettechbd In-lab inspection at Gadgettechbd office, or else use the services of a 3rd party logistics provider to transport the media from the origin to Gadgettechbd office at the Customer's risk and expense.
The customer may alternatively request that Gadgettechbd pick up their media from their location; in this instance, Gadgettechbd will not be responsible for any transportation issues, loss, or damage to the client's media.
Gadgettechbd will examine Customer's Media and provide the Customer with an inspection report as soon as reasonably feasible after receiving the non-refundable Inspection/Analysis costs and Order. If it is discovered that the actual condition of media received by Gadgettechbd differs in any way from the information given by the client as mentioned above, Gadgettechbd has the right to forfeit the inspection costs and, at its sole discretion, to reject the media.
• Refuse to use this customer's media for any necessary service.
• Change the inspection charge if necessary;
• Change the conditions of service if necessary.
Gadgettechbd 's judgment in this matter will be final and binding on the Customer.
In certain instances, Gadgettechbd may need authorization for media manipulation or particular inputs from the Customer, such as user identities, passwords, access codes, encryption credentials, and even specialized hardware, together with their configuration information, to conduct Inspection.
If the Customer fails to give such authorization and/or input within 7 days of Gadgettechbd 's request, or if the Customer provides incomplete or inaccurate input, Gadgettechbd shall lose the inspection costs and will not be liable for delivering the Inspection Report late or not at all.
If the client returns the media without having Gadgettechbd perform the required services as specified in the Inspection Report, the inspection report or quotation will be null and invalid. If the client returns at a later date, Gadgettechbd will consider the case as a new one.
In the case of an onsite inspection at a customer's location, upon receipt of Inspection Charges, as well as charges for additional expenses such as travel and per diem expenses for on-site work, boarding and lodging, shipping, and insurance (both ways), and any other actual expenses incurred during transit and/or during operation, if any, for parts, storage media, and/or off-the-shelf software used to perform the inspection Gadgettechbd will inspect Customer's Media/clone at Customer Site or Gadgettechbd.
In-Lab as the case may be, and provide Customer with an inspection report setting out the scope of Services and applicable Service charges via e-mail or Statement of Work, which will typically include applicable Service Charges, estimated time required, and percentage of recoverable data from the customer specified required data as outlined in MAF.
If the customer has not specified the exact data/files/folders to be recovered as listed in the MDF's important files and folders section, the customer will be responsible for making full payment of the requisite service charges as outlined in the Inspection Report/Quotation, as well as accepting Gadgettechbd 's data recovery as final and binding.
Following receipt of our Inspection Report, the Customer may choose to:
• Accept and sign a service request, statement of work, or Provide PO to submit an order for Gadgettechbd Services ("Order"), subject to the payment terms specified in the Inspection report;
• Request that Gadgettechbd returns their Media. If Gadgettechbd does not receive an Order or request to return customer media within 60 (sixty) calendar days of the date of the Quotation, Gadgettechbd may consider the customer's media abandoned and dispose of it;
• If Gadgettechbd does not receive an Order or request to return customer media within 60 (sixty) calendar days of the date of the Quotation, Gadgettechbd may consider the customer's media abandoned and dispose of it.
The first 30 days of the aforementioned 60-day period will be free of charge, after which Gadgettechbd will decide and impose a demurrage fee for keeping the media secure and confidential inside its office premises.
Customer approval is outstanding. The order will be placed when Gadgettechbd gives the Customer an email confirming their approval, which will happen when the payment conditions stated in the inspection report are met.
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3. THE EFFECTIVENESS OF OUR SERVICES
Gadgettechbd shall offer the Services in line with these Terms and Conditions and with commercially reasonable care and skill in exchange for the payment of the Service Charges by the client. The inspection report's time and cost estimates are just estimates; they may change, and Gadgettechbd will keep the client informed.
Gadgettechbd may need specific information from Customers for particular Services, such as user names, passwords, and/or access codes. If the Customer fails to supply this information within a reasonable time after we request it, or if the Customer provides incomplete or inaccurate information, Gadgettechbd has the right to charge an additional fee to cover any additional work that is needed as a consequence.
If the Customer fails to provide Gadgettechbd with the necessary information, Gadgettechbd will not be liable for delivering the Services late or not delivering any portion of them.
If correct data, accurate information, and/or requirements necessary for the execution of the agreement are not provided by the customer within 7 days of request made by Gadgettechbd and/or not provided following the agreement, or if the Customer fails to meet its obligations in any other way; then Gadgettechbd has, in any case, the right to terminate or dissolve the agreement or to suspend execution of the agreement and Gadgettechbd has the right to charge the costs incurred at its usual rates without any obligation to provide the data.
Gadgettechbd retains the right to stop its Services to:
• Address technical issues or make technical modifications as needed;
• Update the Services to reflect changes in applicable laws and regulatory regulations;
• Accommodate Customer-requested changes to the Services.
If the Customer does not pay, Gadgettechbd may stop providing the Services.
4. OUR PRODUCTSM
Services for data recovery are listed in the section.
Gadgettechbd will make commercially reasonable efforts in the following areas:
• Inspection : Examine/inspect the Media in response to an inspection order to determine:
• Estimated Recovery Percentage from Required Data (as defined in writing by the client to Gadgettechbd at the start) that is accessible and/or recoverable from the media.
• Determination of the kind of media damage;
• Data Recovery Process: After receiving an order for data recovery based on the inspection report, retrieve, recover, and duplicate data, then transmit the directory listing of recovered data to the customer or invite the customer to verify the data directly. Provide access to and/or return Data on Additional Storage medium supplied by the customer to Gadgettechbd after confirmation of Directory Listing or verification of recovered data by customer.
Data Degaussing and/or Erasure Services
Data Conversion and/or Migration Services
Data Reconstruction Services
Services for Data Encryption
Other/Additional Services: Perform any other relevant services that have been properly agreed upon in writing, subject to a fee.
Gadgettechbd offers the aforementioned services on an onsite basis, i.e. Customer Site, and/or an offsite basis, i.e. Remote Online and Gadgettechbd In-Lab, at its discretion, taking into consideration the feasibility. On-Site services, if any, will be subject to extra costs.
Gadgettechbd shall securely delete the client data accessible with Gadgettechbd after 7 days of receipt of payment for that specific task without informing the customer after performing any of the services listed above.
While Gadgettechbd utilizes authorized original equipment manufacturer fixes, there is no assurance that the Services will be covered by the original equipment manufacturer's warranty. Under no circumstances should our execution of the Services be construed as a promise that the Services will be successful, that all or any of the customer Data will be recovered or usable, that the Media will be usable, or that Gadgettechbd will accomplish any other specific outcome.
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5. TERMINATION
If Customer commits a significant breach of any provision of the Contract that is irremediable or (if such breach is remediable) fails to rectify such breach within 7 days after being informed in writing to do so, Gadgettechbd may terminate the Contract with immediate effect by providing written notice. Failure to pay Gadgettechbd 's Service charges will be considered a serious violation.
It is understood that if the Customer fails to pay any Service charges, Gadgettechbd may stop the execution of the Services.
Customer will be liable for any amounts owed to Gadgettechbd after termination, which will become due immediately.
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6. ACKNOWLEDGEMENTS AND OBLIGATIONS TO THE CUSTOMER
Customer acknowledges and warrants to Gadgettechbd the following:
• The customer requires services and is approaching / re-approaching on his own time and without being pressured.
• Customer is legally competent of engaging in binding transactions and has all of the authority, power, and ability necessary to accept these Terms. If Customer is a business customer, Customer has the legal right to engage in the Contract on behalf of the company Customer represents.
• Customer has legal authority to provide access to the Data and/or any password, software, or codes necessary to execute the Services, and all information supplied by Customer to Gadgettechbd in connection with the Order is true, accurate, full, and not misleading;
• Customer owns the Media or has permission from the Media's owner to have Gadgettechbd execute the Services;
• The provision of Media and/or Data for Gadgettechbd s services shall not infringe on any third-party duties or rights, nor will it violate any relevant legislation.
• Media does not include any content (including, but not limited to, Data) that may infringe on a third party's intellectual property rights;
• The media does not include any content or information that would violate the law;
• Media does not include any data that is required to be preserved for any reason, including litigation, bankruptcy procedures, creditor's rights, or statutory or regulatory obligations;
• Data contained in media submitted for Services has no commercial value and cannot be readily sold on the open market;
• Customer agrees not to use any forms/receipts issued by Gadgettechbd, reports shared by Gadgettechbd, or data recovered, migrated, degaussed, or erased by Gadgettechbd in any court of law as evidence or for any other purpose to any law enforcement agency or court of law;
• All risks and liabilities arising from any eavesdropping, tapping, or similar activities carried out by the Customer are solely his/her/their responsibility, and Gadgettechbd is not responsible or associated with them. The Customer agrees to fully indemnify Gadgettechbd for any action taken against them.
• The customer accepts and recognizes that Gadgettechbd is not accountable or liable for any variation from the Inspection Report and the final result.
• Customer agrees to provide Gadgettechbd with extra storage media and agrees not to file a claim for lost data in the additional storage media provided by them for their respective task to Gadgettechbd for copying of recovered data.
• Customer agrees that the Spare Storage Media provided to Gadgettechbd will be used for Data Recovery for their specific project and that they will not make any claim against Gadgettechbd for the same or the expense of the same. The customer further understands that the Spare Storage Media will not be returned in functional condition and that all data stored on the media will be permanently erased.
• The customer confirms that the proper media and information/inputs have been provided to Gadgettechbd and that Gadgettechbd must execute the required service.
• Gadgettechbd reserves the right to seek documented proof of customer ownership or legal authority to authorize the Services, and to suspend or terminate the Services if such evidence is not provided.
• Customer acknowledges and accepts that his or her Media and/or Data may have been damaged before Gadgettechbd 's receipt of it and that Gadgettechbd 's attempts to perform the Services may result in the destruction of additional harm of customer Media and/or Data. The customer understands that Gadgettechbd will not be held liable for any harm to the Customer's device, media, or data of any kind.
• The customer acknowledges that Gadgettechbd is only committed to making reasonable attempts with its current technology and methods and that Gadgettechbd cannot promise or guarantee any specific results or outcomes.
• The customer recognizes and accepts that there may be a partial or no recovery result that differs from the estimate provided upfront in the Inspection Report, and the customer will not hold Gadgettechbd responsible for the same.
• Customer acknowledges that Gadgettechbd will not be able to determine the actual state of the media until it is collected or delivered to Gadgettechbd. The customer recognizes and agrees that the Gadgettechbd 's decision of the state of media (whether damaged/nondamaged, tampered/non-tampered, or opened/unopened) after examination at the Gadgettechbd In-Lab is final and binding on the Customer. The customer recognizes and agrees that they will not dispute Gadgettechbd 's decision about the condition of the media under any circumstances.
• Customer recognizes and agrees that Gadgettechbd 's decision of whether or not the material is encrypted is final and binding on them.
• Customer recognizes and agrees that Gadgettechbd 's judgment of the correctness of the decryption credentials supplied by the customer is final and binding and that they will not contest it under any circumstances.
• The customer recognizes and agrees to pay for Gadgettechbd 's services (whether or not they are needed) within the time frame specified.
• If the client refuses to proceed with the data recovery and removes the media, the case is deemed closed. If the client decides to return, the media will be re-entered as a new case, with new inspection costs depending on the state of the media and a new quote provided with the customer.
• If a customer, whether knowingly or unknowingly, hands over the wrong media / hard disc for recovery and later realizes it after viewing the directory listing, the customer is still obligated to pay the full invoice amount for Gadgettechbd services, regardless of whether he/she takes the data / hard disc/media as the case may be.
• The client agrees that to preserve customer confidentiality, Gadgettechbd retains the right to delete, dispose of, or trash the media in the following circumstances:
• The customer has provided the media for inspection but has failed to provide the necessary proper inputs.
• The customer has provided the media for inspection, but no further order/instruction has been sent to Gadgettechbd after receiving the inspection report.
• Customer has placed a data recovery order with Gadgettechbd but has not provided the required proper inputs or has received the Directory List for the same from Gadgettechbd but is now unresponsive.
• After data recovery, the customer has taken the data but has not collected his or her original media from Gadgettechbd Office.
• Customer understands that he is not relying on any of the Services' descriptions, claims, specifications, or drawings.
Customers understand that no Gadgettechbd employee is permitted to make any claim or guarantee on behalf of Gadgettechbd that is not included in these terms.
Customer recognizes that he needs data service and is approaching / re-approaching on his initiative and free will, without being pressured or influenced.
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7. VALUE FOR MONEY AND PAYMENT
The client is responsible for the Inspection and Service Charges, as applicable.
The price charged for the inspection is referred to as Inspection Charges, while the price payable for services is referred to as Service Charges, and both are detailed in the appropriate Quotation/Inspection Report.
Before Gadgettechbd starting Services, the Inspection Charges, and Service Charges must be paid as stated in the inspection report/quotation.
If a Corporate Customer puts a work order/purchase order with Gadgettechbd, Gadgettechbd will charge the Corporate Customer for Inspection Charges and Service Charges, which must be paid within 15 calendar days of the invoice date. Once an order is made on Gadgettechbd, it cannot be changed.
The customer must pay the full sum as stated in the Inspection Report/Quotation in the method, manner, and conditions described in the Inspection Report/Quotation.
Except for taxes based on Gadgettechbd 's net income, Customer shall be liable for and indemnify Gadgettechbd against any taxes and levies levied concerning these Terms and any Services supplied hereunder.
Any payment made with a credit or debit card is subject to the card issuer's approval. If Gadgettechbd is denied this authorization, Gadgettechbd will not be responsible for any delays or non-delivery of the Services, and the Order would be considered canceled.
If Customer fails to pay Gadgettechbd any sum due under these Terms under their terms, Gadgettechbd may keep the Equipment and Data until full payment is made. Gadgettechbd shall inform the Customer that the Equipment and Data have been abandoned if full payment is not received within 90 (ninety) calendar days of the due date.
For any questions, please send your queries via our Contact Form for help. Thank you.