Service Terms and Conditions

Ontrack Data Recovery Services Description

Updated: 1 June 2019

Service Description
1. Ontrack will recover as much data as possible from one or more damaged data carriers or shall attempt to make them readable again through appropriate measures.
2. Data recovery is carried out in several possible stages:
  1. The Freeval Evaluation - see section 2 below;
  2. Freeval Evaluation for smartphones and tablets – see section 3 below;
  3. The Diagnosis - as an option - see section 4 below;
  4. Data recovery - see sections 5, 6 and 7 below; and/or
  5. Remote data recovery – see section 8 below.
3. Despite the greatest care and experience, however, it may not be possible to read deleted and/or damaged data even when using Ontrack’s tools and technologies. Therefore, Ontrack cannot guarantee that data on damaged media can be recovered, repaired or read.
4. Additionally, even with using the highest technical and processing standards according to the state of the art, the processing operations necessary for data recovery include the risk of partial or complete loss of remaining data and/or the only partial recoverability of data on the damaged media. The customer acknowledges that there remains a risk that: (i) once existing data can no longer be recovered, additional data will be lost; (ii) recovered data can not be used by the customer; (iii) the information content embodied in the data carriers will be destroyed in whole or in part; and (iv) the data carriers, software and other items provided will be damaged, unusable or destroyed.
Freeval Evaluation
1. The Freeval Evaluation consists of an investigation of the type and extent of the data damage as well as an investigation into the possibilities of data recovery on the data carrier. The first step is to determine whether the damage is logical and/or physical and whether the data carrier must be sent to the clean room laboratory for processing. In addition, an assessment of the expected data recovery result is given.
2. The Freeval Evaluation can be performed in the laboratory of Ontrack or through a remote connection to the customers own systems using the Ontrack Remote Data Recovery (“RDR”) technology (see section 8).
3. Ontrack will inform the customer after the Freeval Evaluation how successful the subsequent data recovery measure is expected to be. The following estimations of the expected data recovery result are possible:
  1. Excellent - We expect that most (90-100%) of your raw data can be recovered and will be readable in the respective application.
  2. Good - We expect that a large part of your raw data (50-100%) can be recovered and will be readable in the respective application.
  3. Partial - We expect that a small part of your raw data (less than 50%) can be recovered and will be readable in the respective application.
  4. Unrecoverable - We cannot access the data on your data carrier.
  5. Complex - We are not able to provide an accurate percentage of expected data at this stage. Other data recovery options must be explored.
4. Freeval Evaluation cannot guarantee compliance with the % thresholds listed under section 2 (3) above as there may be damage which is difficult to detect and which cannot be completely detected by the Freeval Evaluation.
5. Alongside the estimation of the data recovery, Ontrack will inform the customer how much time is expected to be required to perform the data recovery, together with the applicable price.
6. At the Customer's request, Ontrack may, after the Freeval Evaluation, carry out an extended Diagnosis, subject to a fee, with the creation of a Verifile File List, in which the amount of data that is expected to be recoverable can be determined more precisely.
7. If the customer, on the basis of the results of the Freeval Evaluation, places the order for data recovery, Ontrack will perform the data recovery (see section 5).
8. The customer may decide not to perform the data recovery after the Freeval Evaluation in which case the order is complete. If so requested by the customer when the data recovery order is placed, the data carrier will be returned to the customer for the fee shown in the quotation form. Otherwise, the media will be destroyed.
9. Depending on the type of media, the Freeval Evaluation may lead to the transfer of the data to another medium and to the destruction of the original media.
Freeval Evaluation for smartphones and tablets
1. The Freeval Evaluation consists of an investigation of the type and extent of the data damage as well as an investigation into the possibilities of data recovery on the data carrier. The first step is to determine whether the damage is logical and/or physical and whether the data carrier must be sent to the phone laboratory for processing. In addition, an assessment of the expected data recovery result is given.
2. The Freeval Evaluation will be performed in the laboratory of Ontrack.
3. Ontrack requires the customer to supply the passcode for the smartphone or tablet.
4. Ontrack will inform the customer after the Freeval Evaluation how successful the subsequent data recovery measure is expected to be. The following estimations of the expected data recovery result are possible:
  1. Good - We expect to get access to the memory area and recover the data.
  2. Unrecoverable - We are not able to access the memory area and recover any of your data.
  3. Complex - We are not able to provide an indication of whether we can get access to the memory area at this stage. Other data recovery options must be explored and this may require a diagnosis (see section 4)
5. Freeval Evaluation cannot guarantee compliance with the expected data recovery assessment in section 3 (4) above as there may be damage which is difficult to detect and which cannot be completely detected by the Freeval Evaluation.
6. Alongside the estimation of the data recovery, Ontrack will inform the customer how much time is expected to be required to perform the data recovery, together with the applicable price.
7. If the customer, on the basis of the results of the Freeval Evaluation, places the order for data recovery, Ontrack will perform the data recovery (see section 5).
8. The customer may decide not to perform the data recovery after the Freeval Evaluation in which case the order is complete. If so requested by the customer when the data recovery order is placed, the data carrier will be returned to the customer for the fee shown in the quotation form. Otherwise, the (media) smartphone/tablet will be destroyed.
Diagnosis/result of diagnosis
1. At the customer's request, Ontrack may perform a chargeable diagnosis after the Freeval Evaluation to determine the amount of data that is likely to be recoverable.
  1. In this Diagnosis the type and extent of the data damage, the exact determination of the possibilities of data recovery on the data carriers provided by the customer, and the quantity of the files/data that can probably be recovered shall be determined. Predictions about the readability of data due to other causes of damage are not always reliable or even possible and Ontrack does not offer any guarantee in this respect.
  2. Further, it is not possible to check the usability of the data in connection with the respective application program within the scope of this Diagnosis.
2. The Diagnosis can be performed in the laboratory of Ontrack or it may be possible through a remote connection to the customers own systems (using the Ontrack RDR technology (see section 8)).
3. After the Diagnosis, Ontrack will inform the customer which measures are necessary for data recovery, which data/files can be expected to be recovered, what time expenditure is expected to be necessary and the costs that will be incurred for data recovery.
4. Depending on the type of media, the Diagnosis may lead to the transfer of the data to another media and to the destruction of the original media.
5. Ontrack will create a detailed file list (Verifile) of the data/files that Ontrack expects to recover. The file list contains an identification of the files with respect to their expected usability:
  1. Green - the data will most likely work/open in the respective application.
  2. Yellow - the data or files are partially corrupted - this may result in the files not being able to be opened and edited in the respective application. It is possible that the damaged files can be repaired but this is not part of the offered data recovery.
  3. Red - the data or files are damaged - this will probably result in the files not being able to be opened and edited in the respective application.
6. There are special data loss scenarios in which the validity of the coloured statements in the file list (Verifile) is not given. If this is the case, it is indicated in writing in the Diagnosis result.
7. If the customer decides on the basis of the file list to carry out the data recovery, section 5 below shall apply.
8. If the customer decides not to carry out the data recovery based on the file list (Verifile) in which case, the order is complete. If so requested by the customer when the order for diagnosis is placed, the data carrier will be returned to the customer for the fee shown in the analysis form. Otherwise, the media will be destroyed.
Data recovery after Freeval Evaluation
1. If the customer places an order for data recovery based on the results of the Freeval Evaluation and the data recovery offer, Ontrack will carry out the data recovery.
2. If the Freeval Evaluation was performed remotely, the data recovery can be performed with the Ontrack RDR technology (see section 8).
3. In addition to the separate data carrier with the recovered data, Ontrack shall return the damaged data carrier, if so requested by the customer when the order for data recovery is placed.
4. At the customer's request, the damaged data carrier can be stored and securely sealed at Ontrack for a separate charge for the purpose of preserving evidence and stored in the safe.
5. At the customer's request, Ontrack may delete and/or dispose of the data carrier in accordance with data protection regulations at no charge.
6. If the amount of data recovered is considerably less than that estimated in the Freeval Evaluation, the order will be deemed unsuccessful.
7. In circumstances specified in 5(6) above, the customer will have 2 options:
  
  Option 1. Ontrack will create a detailed file list (Verifile) for the customer free of charge with the data/files that Ontrack expects to be able to recover. The file list contains an indication of the files in terms of their expected usability:
  1. Green - the data will most likely work/open in the respective application.
  2. Yellow - the data or files are partially corrupted - this may result in the files not being able to be opened and edited in the respective application. It may be possible to repair the damaged files, but Ontrack does not offer this.
  3. Red - the data or files are corrupted - this will probably result in the files not being able to be opened and edited in the respective application.
  Option 2. The customer decides not to carry out the data recovery or request a file list (Verifile) in which case the order is complete. If so requested by the customer when the order for data recovery is placed, the data carrier will be returned to the customer for the fee shown in the quotation form. Otherwise, the media will be destroyed.

Data recovery after Diagnosis
1. If the customer places an order for data recovery on the basis of the diagnostic results and the data recovery offer, Ontrack will carry out the data recovery. In case the Diagnosis was performed remotely, the data recovery can be performed with the Ontrack RDR technology (see section 8).
2. The customer receives the data presented in the file list (Verifile).
3. In addition to the separate data carrier with the recovered data, Ontrack will return damaged data carrier, if so requested by the customer when the order for data recovery is placed.
4. At the customer's request, the damaged data carrier can be stored and securely sealed at Ontrack and stored in the safe against separate invoicing for the purpose of preserving evidence.
5. At the customer's request, Ontrack shall destroy the data carrier.
Data recovery after Freeval Evaluation for smartphones and tablets
1. If the customer places an order for data recovery based on the results of the Freeval Evaluation and the data recovery offer, Ontrack will carry out the data recovery.
2. Upon payment, Ontrack will return the recovered data along with the damaged smartphone/tablet.
3. At the customer's request, Ontrack may delete and/or dispose of the smartphone/tablet in accordance with data protection regulations at no charge.
4. If the amount of data recovered is considerably less than that estimated in the Freeval Analysis, the order will be deemed unsuccessful. The smartphone/tablet will be returned to the customer for the fee shown in the evaluation form. Otherwise, the smartphone/tablet will be destroyed.
RDR Remote Data Recovery Service
1. RDR® is for Remote Data Recovery™ (“RDR”). RDR is a patented technology, allowing Ontrack’s engineers to perform a lab-quality data recovery directly on the Customer’s server, desktop or laptop through a modem or Internet connection. The only requirement is that the storage device is operational. Ontrack’s RDR consists of three main components:
  1. Communications client: The customer initiates a connection to an Ontrack RDR Server using the specially designed RDR Client software. The RDR Client works with commonly used Operating Systems. The drive(s) to be recovered do not need to be from a specific Operating System.
  2. RDR servers: Locations around the world to facilitate connections.
  3. RDR workstation: Used by Ontrack engineers to remote control our tools onto Customer’s machine and recover Customer’s valuable data.
2. First, the customer downloads the appropriate RDR Client version and installs it on the server, desktop or laptop that will be used for the recovery. Next, the Ontrack Client software connects as an outgoing TCP/IP connection from the Customer’s location to the Ontrack server, creating a tunnel or point to point connection through the internet. Since the connection is likely to use a web connection, it can get through most firewalls without any additional configuration requirements.
  
  Security of the data is paramount due to Ontrack’s proprietary communication protocol, encrypted packets and secure Ontrack facilities. RDR protects Customer data over an RDR connection four ways:
  1. Direct connection to the RDR server: The client software uses a direct TCP connection from the customer’s machine to the Ontrack RDR server. RDR does not use a 3rd party hosting product
  2. Encryption: The communication link uses 256 bit encryption on all packets
  3. Proprietary protocol: The RDR communication uses a proprietary protocol, not HTTP or any other common protocol that others would understand
  4. No customer data is transferred over the connection: The RDR connection is only used by the Ontrack engineer to remote control the Ontrack utilities directly on the customer’s machine. Screen updates and keyboard packets are sent across the connection, but actual customer data files are not. Instead the Ontrack engineer is controlling tools to repair file system structures to make the data accessible to the customer.
3. Once the connection is established, either the Freeval Evaluation, or if a data recovery order is made, the recovery service will commence.
Service Levels
1. For the data recovery order, the customer can choose between the following service levels according to urgency:
  1. 24-hour emergency service - Processing will take place immediately upon receipt of the order, 24 hours a day. The processing time is around the clock until completion and delivery of the data
  2. Express Service - Processing will take place immediately upon receipt of the order from Monday to Saturday from 8.00 a.m. to 6.00 p.m. The processing time is usually 3 days.
  3. Standard Service - The data carrier will be processed after receipt of the order from Monday to Friday between 9.00 a.m. and 5.00 p.m. The processing time is usually 7-10 working days.
  4. Economy service - The data carrier will be processed after receipt of the order from Monday to Friday between 9.00 a.m. and 5.00 p.m. The processing time usually lasts 20 working days.
  5. Home Service - The data carrier will be processed after receipt of the order from Monday to Friday between 9.00 a.m. and 5.00 p.m. The processing time is usually 30 working days.