1. General Information

    1. In these Terms and Conditions, references to “Fields Data Recovery” relate to Fields Data Recovery, a trading name of Fields Associates Ltd (operating in Canada). 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 services.
    2. The word “Full” or the 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 successfully recovered from the media, and not necessarily to the amount of data originally contained on the media.
    3. 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.
    4. 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.
    5. Fields Data Recovery’s normal business days are Monday to Friday, excluding any public holidays. Business hours are defined as 9:00 a.m. to 5:30 p.m. Data recovery services may be provided outside of these hours by prior arrangement. Any diagnostic and/or recovery services carried out outside of these hours shall be performed at a rate agreed on a case-by-case basis.
    6. Fields Data Recovery will use all reasonable endeavours to meet stated response times. However, unless otherwise agreed, failure to meet these response times is not a contractual obligation.

    7. Media Dispatch and Collection Responsibility

      Once the media has been dispatched to the designated address, it is the recipient’s responsibility to collect it from the postal service or courier. We will notify the recipient of the dispatch, but any delay or failure to collect the media within the specified period is beyond our control.

      If the package is held by customs, the recipient is responsible for completing any necessary procedures for its release. We are unable to intervene in customs-related delays or refusals.

    8. Uncollected Media

      If the media is not collected from the postal office or courier and is subsequently returned to our laboratory, we reserve the right to dispose of it after a 7-day period without further notice. Disposal will involve destruction of the media.

      Once the media has been disposed of, it cannot be recovered under any circumstances. Requests for retrieval after disposal will not be accommodated.

    9. No Liability for Uncollected or Disposed Media

      We cannot be held responsible for any loss, damage, or inconvenience resulting from the failure to collect the media within the designated collection period. Once the media is returned to our lab and we have exercised our right to dispose of it, we are under no obligation to provide a replacement or refund.

      We will not be liable for any claims, disputes, or losses incurred due to the recipient’s failure to collect the media within the required timeframe.

    10. Acknowledgement of Terms

      By accepting the dispatch of the media, you agree to the above terms and acknowledge that you have read and understood our policy regarding uncollected media and its disposal.

      It is the recipient’s responsibility to ensure that the correct delivery details are provided at the time of return. We shall not be held liable for any issues arising from incorrect details.

  2. Estimates, Quotations and Payments

    1. 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..
    2. All prices quoted by representatives of Fields Data Recovery exclude all applicable taxes (GST/HST/PST). The total payable amount will include the appropriate taxes as mandated by law.
    3. Acceptance of a quotation may be provided in writing, verbally (in person or via telephone), or via facsimile or electronic mail. Fields Data Recovery reserves the right not to commence any recovery work until explicit approval is given.
    4. In the event 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 will not exceed, the total approved amount for the recovery process.
    5. 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 methods include Credit/Debit card (Visa, MasterCard, American Express, etc.), company or personal cheque, or bank transfer. Fields Data Recovery reserves the right to require that any payment be cleared in full before the data is released to the Client.
    6. 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. Administration fees may include, but are not limited to, fees for late payments, telephone communications regarding outstanding balances, letters regarding outstanding balances, and re-issuing invoices. All amounts listed in such charges are exclusive of applicable taxes.

  3. Confidentiality

    1. As part of its confidentiality policy, Fields Data Recovery agrees not to disclose any or 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 the Client.
    2. Fields Data Recovery agrees to use only authorized 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 originally shipped.
    3. All data recovered from a Client’s media is stored offline in accordance with Canada’s applicable privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA), as well as any relevant provincial legislation.

  4. Diagnostics and Recovery Processes

    1. All diagnostic reports are provided to the Client by telephone or electronic mail, unless otherwise agreed to in advance by a representative of Fields Data Recovery.

    2. Due to the nature of data recovery, our technicians may be required to carry out physical work on the media/data/equipment provided to Fields Data Recovery. Therefore, the Client acknowledges:

      1. The media/data/equipment is already damaged.

      2. Data recovery efforts may result in further damage to the media/data/equipment.

      3. The media/data/equipment warranties may become void.

      4. Fields Data Recovery is not responsible for this or any other type of damage.

    3. The Client is aware that in some instances, Fields Data Recovery may require additional or replacement media to continue the diagnostic phase or complete its recovery efforts (e.g. spare parts for disk drives, specific adaptors, or connectors). Fields Data Recovery reserves the right to charge the Client for such additional media at an agreed-upon cost.
    4. In rare circumstances, Fields Data Recovery may require the Client to cover some of the cost of attempting the recovery, particularly in the case of severe damage or a highly complex recovery. Such an arrangement is presented as a no-obligation, fixed-price quotation and is not offered as part of Fields Data Recovery’s “no recovery, no fee” service. The Client may refuse this charge and request the return of their media at any time.
    5. Fields Data Recovery agrees that 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 information from the Client’s media. Fields Data Recovery makes no guarantee as to the completeness, relevance, or importance of the data recovered, unless otherwise agreed in writing by Fields Data Recovery and the Client.

    6. Fields Data Recovery reserves the right to send or redirect any media or equipment received at any of its premises to a more suitable location for data recovery, including affiliate or parent company laboratory facilities. Fields Data Recovery will use a courier or secure means to transport the Client’s media and assumes the cost of such transportation. However, Fields Data Recovery is not liable for any loss or damage incurred during transport.

  5. Performance, Delivery & Carriage

    1. Fields Data Recovery agrees to return all recovered data on appropriate media. Examples include, but are not limited to, a USB flash drive, an external replacement hard drive, or an online download (e.g., FTP up to certain size limits). As part of its standard data recovery service, Fields Data Recovery currently provides up to 230GB of data on a USB flash drive. Fields Data Recovery reserves the right to refuse or charge the Client an agreed amount for data exceeding these limits. Any replacement media cost is additional to the cost of the data recovery service, unless otherwise agreed in writing by a Fields Data Recovery representative.
    2. All recovered data is returned to the Client via a traceable service offered by common carriers in Canada (e.g., Canada Post Xpresspost, UPS, FedEx, Purolator) unless alternate arrangements are explicitly made. Fields Data Recovery may charge the Client for the postal or courier service provided and any associated administration fees, in addition to the cost of the data recovery process.
    3. Fields Data Recovery holds no responsibility for delays caused by the postal or courier network. No compensation is provided for loss of profits, inconvenience, or similar, unless otherwise agreed to in writing.
    4. The Client agrees to inspect—or procure inspection of—any goods delivered at the earliest opportunity and in any event within five calendar days of delivery or attempted delivery. Any claims for shortfall in delivery of goods or that the goods do not comply with the order agreed with Fields Data Recovery must be made in writing within seven days from the date of dispatch. Claims made outside this period may only be resolved at the discretion of Fields Data Recovery.
    5. Fields Data Recovery will retain a copy of your recovered data for seven days from the date of dispatch. During this period, Fields Data Recovery will respond to any queries regarding the recovered data and, if necessary, provide further copies. With the Client’s consent, Fields Data Recovery may retain a copy of the recovered data beyond this period; in such cases, Fields Data Recovery reserves the right to charge a fee for duplicate copies, data storage, management, and security.

    6. 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, either:

      • (a) Additional recovery attempts by Fields Data Recovery’s engineers, or

      • (b) A refund of some or all of the fees paid by the Client.

    7. All media sent to Fields Data Recovery for data recovery may be retained at one of our facilities for 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 our receipt of your drive. Delivery timeframes are calculated from the date of recovery completion plus fourteen days. The Return Drive Policy is available upon request or on our website.
    8. The Client understands that all media returned via our free return service is shipped using a non-traceable standard postal service. Fields Data Recovery assumes no responsibility for any media lost or damaged in transit when using this method. The expected delivery timeframe for such free returns is 21 days (calculated as indicated in section 5.7). The Return Drive Policy can be viewed on our website.
    9. The Client understands that Fields Data Recovery offers no warranties of any kind beyond these Terms and Conditions. The extent of Fields Data Recovery’s liability to the Client is strictly limited to the fees paid by the Client for the data recovery service.

  6. Data Integrity

    1. The Client accepts that Fields Data Recovery will not examine the contents of any file recovered from the Client’s media.
    2. Fields Data Recovery may provide an estimated integrity percentage of recovered data, based on automated file signature verification tools. This figure is for reference only and does not guarantee file functionality or completeness, particularly if files are encrypted or otherwise corrupted.
    3. Fields Data Recovery accepts no responsibility or liability whatsoever for the contents, integrity, functionality, corruption, or usefulness of the data recovered.
    4. While every effort is made to recover as much data as possible (including any specifically requested files), the data recovery process is generic in nature. The Client may request a file list prior to approving final payment, but Fields Data Recovery makes no guarantee as to the integrity of the files shown on any such list or otherwise recovered.

  7. Legality

    1. The Client agrees that all media and its content provided to Fields Data Recovery is the legal property of the Client or that the Client has the lawful right to request data recovery services. This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada, without regard to conflict-of-law provisions.

    8. These Terms and Conditions were last modified on March 14th, 2025.