SOME OF OUR VALUED CLIENTS
FAST DATA RECOVERY TERMS AND CONDITIONS
Please read the following Terms and Conditions closely before using our services. If you do not agree with any part of these Terms and Conditions, YOU MUST NOT USE THIS SITE OR OUR SERVICES.
Authorization: The client (hereafter “you”, “the client”, “your”) authorizes FAST Data Recovery (hereafter “FAST Data Recovery”, “we”, “our”, or “us” or “FDR”), its employees, and agents, and subcontractors, to conduct an evaluation of ransomware to determine the nature of the infection and provide an estimate of recovery cost and timing.
The client also authorizes FAST Data Recovery to take any and all reasonable efforts and measures necessary to determine recoverability and to recover data.
Legal Rights: The client is the legal owner, representative, or otherwise has a legitimate right to the property or act on the owner’s behalf and all data contained therein sent to FAST Data Recovery.
Remote Access: BEFORE PROVIDING YOUR REMOTE ACCESS TO FDR, CAREFULLY READ THE LIABILITY DISCLAIMER BELOW.
BY PROVIDING FAST DATA RECOVERY WITH REMOTE ACCESS YOU ARE:
(1) REPRESENTING THAT YOU ARE OVER THE AGE OF 18 AND HAVE THE CAPACITY AND AUTHORITY TO BIND YOURSELF AND YOUR EMPLOYER, AS APPLICABLE, TO THE TERMS OF THE DISCLAIMER BELOW; AND
(2) CONSENTING ON BEHALF OF YOURSELF AND/OR AS AN AUTHORIZED REPRESENTATIVE OF YOUR EMPLOYER, AS APPLICABLE, TO BE BOUND BY THIS DISCLAIMER.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE DISCLAIMER OR DO NOT REPRESENT THE FOREGOING, YOU WILL NOT AND MAY NOT RECEIVE REMOTE ACCESS SERVICES FROM FAST DATA RECOVERY.
(3) THE CLIENT OR PERSON(S) ACTING ON BEHALF OF THE CLIENT HAVE TAKEN COPIES OF THE CLIENT DATA AND REMOVED IT FROM THE NETWORK AND FROM THE SYSTEM FDR WILL BE PROVIDED REMOTE ACCESS TO.
(4) THE CLIENT NETWORK IS FREE OF VIRUSES/MALWARE
Remote access services are provided at your sole risk. FDR’S assistance is provided on the following terms and conditions: You have requested the remote evaluation of a FAST DATA RECOVERY technical support representative through a remote connection to your computer. The ability for FDR to remotely access your computer significantly enhances FDR’S ability to resolve your technical problem quickly. You understand that by requesting such assistance, you will be providing FDR technical support personnel with access to and control of your computer. In addition, you may be providing FDR technical support personnel with access to files that reside on your computer. Be sure to close any confidential or personal files that you may be working on, before allowing remote access to your computer. In order to provide the services, FDR’s technical support personnel is not expected to need to make any copies or downloads of your files or to retain any information accessed from your computer without your consent.
FDR’S LIABILITY AND THE LIABILITY OF ITS VENDORS AND LICENSORS SHALL BE LIMITED TO THE TOTAL VALUE OF THE QUOTED FDR SERVICE, NOT TO EXCEED THE LIMITATION OF LIABILITY IN YOUR CURRENT SERVICES AGREEMENT. FDR AND ITS VENDORS AND LICENSORS MAKE NO WARRANTIES OF ANY KIND WITH REGARD TO THE TECHNICAL SUPPORT SERVICES PROVIDED HEREUNDER. FDR AND ITS VENDORS AND LICENSORS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE TECHNICAL SUPPORT SERVICES INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL FDR OR ITS VENDORS OR LICENSORS BE LIABLE FOR (i) ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR (ii) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF TECHNICAL SUPPORT SERVICES. I AGREE TO ALLOW FDR REMOTE ACCESS TO MY COMPUTER TO PERFORM TECHNICAL SUPPORT SERVICES IN ACCORDANCE WITH THE TERMS OF THE DATA RECOVERY TERMS OF SERVICE.
Liability: FAST Data Recovery assumes no liability for any claims regarding the loss of data supplied before, during or after service. In no event will FAST Data Recovery be liable for any loss of data or loss of revenue or profits or any special, incidental, contingent, or consequential damages, however, caused, before, during or after service even if FAST Data Recovery has been advised of the possibility of damages or loss to persons or property.
Confidentiality: We will protect the confidentiality of your data against unauthorized disclosure using the same degree of care used to protect our own confidential information. We are happy to sign a confidentiality agreement if required by your company.
We may need to share your sample file from the ticket with 3rd parties/perpetrators if deemed necessary.
If we are unable to decrypt your files through our traditional methods we may engage 3rd parties/perpetrators in some cases to reverse the encryption.
As a client, you are protected that FDR will take the risk to refund in case your files are not recovered regardless of any cost arose in attempting to recover your files. On the other hand, the client agrees to pay the FDR invoice in full.
Any files that you submit to us MUST be NON-CONFIDENTIAL in nature for this purpose. You agree that we may send such a file to a third party for this purpose and that the above Liability Disclaimer apply to our doing so.
FREE Evaluation: FAST Data Recovery will diagnose your storage device to the best of our ability with the resources available. We offer a FREE evaluation with turnaround between 5-10 days.
Priority Evaluation: FAST Data Recovery will diagnose your sample files to the best of our ability with the resources available. Our Priority evaluation guarantees a fast turnaround for your evaluation 1-4 hours for Dharma and Gandcrab infections and 4-24 hours turnaround in most other cases and may take slightly longer for more complex decryptions) The cost of Priority evaluation may vary and the payment is expected prior to commencing work.
Advantages of Priority Evaluation:
i) You will be assigned a dedicated technician.
ii) Cost of evaluation will go towards the recovery of your data.
iii) If we are unable to analyse your files a full refund will be issued.
Payment: Client agrees to pay in full in advance. The client has 5 days (in writing) to verify and backup all files that were recovered starting when FAST Data Recovery sends the confirmation email or confirming my phone indicating that the files were successfully recovered. We accept VISA, MasterCard, American Express, Paypal, Western Union (clients to pay the merchant fees applicable). We also provide Direct Deposit at no additional cost
Late Fees: We only accept work COD unless you have an account with our company. A payment is considered late after 7 days of the payment due date as indicated in the Payment section of these terms. There is a $22 late payment fee and 1% admin fee per month if payment is late. Additionally, the client agrees to pay any collection and or legal fees if the balance is not paid within the specified time period.
Authorization of Recovery: If you accept the cost estimate provided by your account representative upon completion of the initial evaluation of your file(s), we will apply our existing technology and standard processes and use all available options to recover your data.
NO DATA NO CHARGE POLICY: If we are unable to recover ANY data, we will inform you accordingly and will refund all monies in full.
If we are able to recover part but not all of your data, we will credit you for the percentage of the unrecovered files. All our quotes will guarantee a minimum of 95%-100% of all files/data to be fully recovered
We only recover files from the ransomware infection and FDR will not be held liable for the operation of any OS/software/database you may use in your organization.
You will be provided with a list of all the infected files before and after decryption.
If you are requesting and entitled to a refund, a remote session will be required in the presences of the client’s IT technicians to analyse before/after encrypted files. No refunds will be issued without a remote connection to the original machine FDR performed the recovery on to check clients claim and get a percentage of the recovered files.
Data Recovery Turn Around: FAST Data Recovery honours the turnaround time you choose at the receipt and will dedicate all resources needed for recovery. Some recoveries may take longer than others due to the nature of the decryption, server speed, server software, remote access, etc. There is no way we can speed up the process as some decryptions can be quite complex. The turn around times are approximate and no credit will be given if the job takes longer to recover due to any of the above.
Most of our jobs recover between 2-3 days, however, we allow up to 14 days in some scenarios for more complex infection.
(less than 5% of ransomware recoveries cases can take 14 days or more)
If we exceed 14 days and we don’t have a decryption key for your files, you have the right to ask for a full refund, however, if you choose to cancel within 14 days we will retain 50% for our efforts.
Competitor Price Match: If you get a price from a competitor lower than our quoted price of the same value/speed of recovery, we will match the price plus give you an additional $350 discount
Only applies from a registered company and priort to your quote approval.
Declined Recovery Services: Based upon your specific problem description over the phone at the time of initial consultation, we will do our best to provide you with a reasonable pre-quote range over the phone or via email. FDR does not attempt to recover your data until after your device has been evaluated and ONLY IF you agree to the formal quote presented to you and full payment is made. By enlisting our services, you agree that you are comfortable with the quote range and to operate on good faith intentions of using our recovery services and resources for the purpose of having FDR recover data from a ransomware attack.
Quotes: Our quotes are FIXED. There is no obligation to proceed with any of the quotes presented to you after the evaluation however if you elected for Priority evaluation the fee will not be refundable to recover the time spent by the FDR technicians to priorities and analyse your ticket. If, we are unable to recover any of your files you will be refunded the full amount of the priority evaluation or we will refund a proportion of the unrecovered files. (refer to No Data No Charge Policy above)
Approved Recovery Services: Once an evaluation is performed, you will have the option to accept or decline the quote provided by FDR. If you decide to move forward with recovery services, you will be locked into a fixed rate for the encryption discovered in the evaluation ONLY. If another encryption ID \ infection is discovered at any time, we will need to re-evaluate and provide you with an updated quote for the additional encryption. If the client opts out of the recovery after approving the quote at any time without allowing us reasonable time to remotely connect and decrypt their files, the full agreed amount will still be due. If the data is determined to be unrecoverable, you will not be charged the agreed-upon recovery quote unless other arrangements have been made in writing.
ii) Prior to recovery, we may need to perform a full scan on your system. Any files that are not present at the time of our scan or has a read only/hidden security permission will not be recovered. Please ensure all your files are accessible
Warranty Information: You have 5 days from the point of receiving your data to make sure the data is accessible on your computer. It is your responsibility to back up your data immediately.
Service Limitations: By agreeing to this service agreement you are stating that you understand that the data/equipment you are making available to FAST Data Recovery is already damaged. We highly recommend you make a copy of your data to an external drive and remove it from your system prior giving FDR remote access.
Applicable and Governing Law: This agreement shall be governed by and interpreted in accordance with the substantive law of the State of NSW excluding conflicts of law and choice of law principles. Each party submits to the exclusive jurisdiction of the courts sitting in Sydney, Australia, to resolve all disputes hereunder, and waive any claim that such courts constitute an inconvenient forum.
Reporting Crimes To Authorities
Fast Data Recovery recommends reporting all cyber crimes to authorities. it’s is the sole responsibility of the client to report any such crimes. FDR does not disclose any information to authorities about its clients unless required by law or written consent has been given by the client. You agree that you will not hold FDR liable for any disclosure of information to the authorities. You should report any data breaches in Australia to https://www.oaic.gov.au/privacy-law/privacy-act/notifiable-data-breaches-scheme.
Australia: https://www.cyber.gov.au/individual/threats/ransomware and https://www.staysmartonline.gov.au/
US-based customers: https://www.ic3.gov/
Canada: Ivan Kapilouk EIvan.Kapiliouk@opp.ca
Local Police: Australia 131 400, Other – 999 or 000
Other Resources in Australia
The Australian Cyber Security Centre
For individuals who have suffered a cybercrime suspect of being a victim to cyber crime, Sententia recommends that you lodge an incident report with the Australian Federal Government’s Australian Cyber Security Centre by calling 1300 292 371 or visiting the website at https://www.acsc.gov.au/incident.html
Australian Cybercrime Reporting Network
The Australian Government’s Australian Cybercrime Reporting Network (ACORN) provides information, assistance and incident reporting for personalcybercrimee matters via their website at https://www.acorn.gov.au and coordinates its efforts with state police forces.
For individuals who have fallen victim to an online scam or phishing email or are doubtful as to the veracity of an email they have received, the Australian Competition and Consumer Commission (ACCC) assists through its ScamWatch website at https://www.scamwatch.gov.au
Amendments: This Agreement constitutes the entire agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties representing the subject matter hereof. No amendment, modification or alteration of this Agreement shall be binding unless the same shall be in writing and duly executed by the parties hereto of by their duly authorized representative.
Severability: If any provision of these terms and conditions is held invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions shall not be affected thereby.
Any amendments to these conditions must be requested in advance in writing and must be approved by FAST Data Recovery.
FDR may alter the terms and conditions without notice
Thank you for choosing Fast Data Recovery