These Data Recovery Services Terms and Conditions – Off Premises and
Distance Selling are for use by a commercial provider of data recovery
services who deals with a consumer customer.
This template is GDPR (General Data Protection Regulation) compliant.
It should only be used where:
• the customer is purchasing the service as a consumer, i.e. he requires
the services wholly or mainly for his personal domestic (rather than
business) purposes; and
• the sale transaction is an “off premises contract” or “distance contract”
as defined by the Consumer Contracts (Information, Cancellation and
Additional Charges) Regulations 2013 (referred to below as “the
It should not be used for an “on premises contract” as defined by the
Regulations since the requirements of the Regulations are different for
such a contract. For an “on premises contract” we have included in this
subfolder the Data Recovery Services Terms and Conditions (B2C) – On
Premises, and it should be used instead for such contracts.
In the Regulations, “premises” refers to the provider’s business premises.
In some cases it may not be easy to determine into which category (“on
premises”, “off premises”, or “distance” contract) a particular sale of
services contract falls. If in doubt, legal advice should be taken about
The accompanying Data Recovery Services Terms and Conditions (B2B) should
instead be used where the customer is not a consumer, i.e. he requires the
services wholly or mainly for the purpose of his business.
A consumer customer will not have an ongoing need for a data recovery
service: he only needs the service when a particular problem arises and at
that point he will request a one-off service by placing an order with the
provider. This document is therefore in the form of a set of terms which
allow for a separate one-off purchase order (or other agreement document)
to be used. The order should then refer to this template as the terms of
the contract between the parties.
Under these Data Recovery Services Terms and Conditions – Off Premises and
Distance Selling, 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 any 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 has to pay 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.
The template assumes that in each case payment for the services will be a
fixed fee amount, that the amount is agreed when the customer places its
order for the service, and that the fee amount is inserted in the order
document at that time.
Details of the data recovery service, and a description of the customer’s
media, are also to be inserted in the order.
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 disc 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 disc drive).
Use of such a recovery service will only be a fall back where a customer
does not have backed up data on other media/equipment since the recovery
attempts may or may not be effective. If data is not routinely backed up on
other media/equipment, or the back up is out of date or incomplete, a
customer will effectively lose the use of data when it becomes corrupted,
damaged or inaccessible unless a specialist data recovery provider is able
to recover it.
It is important for all providers to be aware of their obligations and the
rights of their customers. The terms of this template have been written
with these laws in mind.
Reflecting the requirements of the Consumer Rights Act 2015 coming into
effect on 1st October 2015, this document has been designed to be fair to
consumers, is specifically written in a consumer-friendly manner, and is
designed to be understood by an average consumer, requiring no specialist
business or legal knowledge.
It also reflects the pre-contract information and cancellation requirements
for off-premises or distance contracts established by the Regulations. Sub
clauses 2.3 and 2.4 of the template give the customer a clear and concise
summary of the information he is entitled to receive under the Regulations
thus making it easier both for the customer to understand their rights and
for the provider to understand its obligations. Sub clause 2.3 indicates
how the sub clause will need to be amended for, as the case may be, an off
premises or distance contract.
There are a number of important legal points to be aware of when
contracting with consumers. In the context of this document, the most
important laws to be aware of are:
- The Consumer Protection from Unfair Trading Regulations 2008, prohibiting
misleading or aggressive sales practices;
- The Consumer Rights Act 2015, requiring that, among other things, goods
and services are provided to consumers with reasonable care and skill,
prohibiting terms that excessively limit or exclude the seller’s liability,
and providing further protection for consumers by, for example, ensuring
good faith and avoiding significant imbalance in the rights of the parties.
- The Regulations, which require businesses to give customers certain
information and cooling off (cancellation) rights.
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 – Off Premises and
Distance Selling contain the following clauses:
1. Definitions and Interpretation
2. The Contract
4. Our Obligations
5. How We Use Your Personal Information (Data Protection)
6. Your Obligations
7. Price and Payment
9. Our Liability
11. Events outside Our reasonable control (Force Majeure)
12. Communication and Contact Details
13. Other Important Terms
14. Governing Law and Jurisdiction
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