Data Recovery Services Terms and Conditions (B2B)
These Data Recovery Services Terms and Conditions are for use by a
commercial provider of data recovery services who deals with a business
customer where that customer is purchasing the service wholly or mainly for
the purpose of its business. It should not be used where the customer
requires the services wholly or mainly for its domestic (rather than
Either the Data Recovery Services Terms and Conditions (B2C) – On Premises
or Data Recovery Services Terms and Conditions (B2C) – Off Premises or
Distance Selling (as appropriate) in this subfolder should instead be used
where the customer is a consumer.
This document is GDPR (General Data Protection Regulation) compliant.
A customer will not have an ongoing need for a data recovery service: it
will only need the service when a particular problem arises, and at that
point it will request a one-off service. These terms and conditions are
therefore in the form of a set of terms which allow for a separate one-off
purchase order (or other contract document) to be used. The order document
can then refer to these terms and conditions as the terms of the contract
between the parties.
Under this template, the customer delivers to the provider (or the provider
collects) the customer’s media containing the corrupted or damaged data.
The provider then attempts to recover the data. Where the media is damaged,
the provider will place recovered data on alternative media and return it
to the customer.
The provider does not guarantee that it will be able to recover all or any
data but the customer only pays for the services if either the provider is
successful in recovering all or a substantial amount of the data on the
media, or the data recovered is insubstantial but the customer elects to
receive that limited amount of data.
This template assumes that payment for the services will be a fixed fee,
and that the amount will be agreed when the customer places its order for
the service. In each case the fee amount is to be inserted in the order or
other document forming part of the contract between the provider and the
Details of the data recovery service, and a description of the customer’s
media, are also to be inserted in the order or other contract document.
There are a number of other additions and deletions which the provider will
need to make when completing the template, depending on the circumstances
and the requirements of the provider and the customer.
The meaning of “media” in the document is very wide and covers all forms of
storage media (e.g internal/external disk drive, flash memory card, optical
disc, any other storage device). The customer will give the provider the
media or, if necessary the computer containing the media (e.g where the
media is an internal hard disk drive).
Use of data recovery services and/or use of data back up services can form
part of a business customer’s disaster recovery measures. Where its primary
data becomes corrupted, damaged or inaccessible, and it is not routinely
backed up on other media/equipment or it is out of date or incomplete, a
business customer will only be able to access/use its primary data if it is
successfully recovered by a specialist data recovery provider.
However, a business customer will not need any data recovery if it has
backed up all of its data and that data is up to date and not damaged or
corrupted: it would simply use the backed up copy of its data. We have also
provided in this subfolder a form of Online Data Backup Services
Agreementunder which data back up services can be provided to business
customers. A business customer might also wish to have alternative IT
facilities available for use in the event of a failure of its own IT
facilities. We have included the accompanying forms of IT Disaster Recovery
Services Agreement for suppliers of such services to use for that purpose.
Optional phrases / clauses are enclosed in square brackets. These should be
read carefully and selected so as to be compatible with one another. Unused
options should be removed from the document.
These Data Recovery Services Terms and Conditions contain the following
2. Definitions and Interpretation
3. Provider’s Obligations
4. Customer’s Obligations
10. Sub-Contracting and Assignment
11. Force Majeure
14. Third party rights
15. No partnership or agency
17. Entire Agreement
18. Law and Jurisdiction
This document is in open format. Either enter the requisite details in the
highlighted fields or adjust the wording to suit your purposes.
Once you have purchased access to the appropriate document folder click on
the “Download Document” button below. You will be asked what you want to do
with the file. It is recommended that you save the document to a location
of your choice prior to viewing.