Evaluation Authorization

  1. Micronics Data Recovery will perform a media evaluation/assessment to provide the client with an estimate for recovery costs. This assessment is free of charge (applies only to Standard recovery jobs) and any work beyond this evaluation will not be performed without first obtaining explicit client approval.

Confidentiality

  1. Micronics agrees to the non-disclosure of any and all information supplied or recovered for the client. All employees or agents of Micronics are subject to non-disclosure confidentiality agreements.

Client Rights

  1. All data, information, and property sent to Micronics remain the sole ownership of the client or the client’s representative. The client cannot cancel the case within the specified time frame. If cancellation occurs, the advance payment will not be refunded, and the media will be disposed of. If the client needs the media returned, it will be provided after seven working days with an additional charge of Rs 1500. 

Liability

  1. Data Recovery is not guaranteed.
  2. Micronics Data Recovery will not be held liable for any claims regarding the physical functioning/condition of storage media/equipment sent to Micronics, whether in functioning or non-functioning condition.
  3. Micronics assumes no liability for damage to clients’ data and/or property while performing data recovery procedures. Any liability, including negligence by Micronics, will only affect the price of the data recovery services rendered.
  4. Micronics Data Recovery, its employees, and affiliates may transport client media/equipment/data to, from, and between their facilities.
  5. Any computer, media, or property left with Micronics unclaimed for 30 days will be disposed of. Recovered client data will be stored for 15 days subsequent to recovery. After this period, Micronics shall have no liability to the client or their representative.
  6. Micronics will not be liable for any damages or losses caused by an outsourced shipping/courier service used by the client or Micronics.
  7. The client is aware of the risks involved with data recovery. Property damage may occur during the data recovery process. The client accepts these inherent risks in the recovery process; therefore, Micronics will not be held liable for any such damages caused by this process.

Data Delivery

  1. Please ensure you collect your data within the specified 15-day period. Beyond this timeframe, we are not responsible for any data loss, courier issues, transport problems, or technical difficulties. Multiple recovery attempts have been made on the damaged (patient) disk, and no further recovery attempts will be possible.

Time Frame

  1. 1-7 days for logical issues.
  2. 1-15 days for logical issues combined with missing physical head reading issues.
  3. 1-30 days if donor parts are not available in the local market.
  4. The estimated time frame provided in the quotation and agreement is an approximate minimum time. The time frame may be uncertain if technological limitations or part unavailability occur. If any reading issues are detected, or if there are delays in the arrival of parts or issues in specific sectors, the recovery process time may change. We will provide updates accordingly.

Payment

  1. Payment is due in full upon completion and successful recovery. Micronics will not release the client’s data until payment is made unless otherwise arranged by Micronics management.
  2. If no data is recovered by Micronics, the client will not be charged as per Micronics’ “No Data Recovered, No Charge” policy (this excludes any parts fee and attempt fee charges for “High Priority” or “RAID” jobs).
  3. Client remedies for unsatisfactory work shall be, at Micronics’ option, a partial or full refund of the client service charge if the data is not accessed or not recovered as per the mentioned folder/files list.
  4. The client is financially responsible for all shipping costs, custom duties, and taxes to and from Micronics Data Recovery.
  5. We accept VISA, MasterCard, cheque, wire transfer, NEFT/RTGS/IMPS, and cash.

Refund Policy

  1. If a refund is required, we will initiate it within 3-4 working days after the case is closed. We need 3–4 working days to fulfil our account process.
  2. We will refund by NEFT bank account or online reverse payment gateway.
  3. We do not refund via UPI methods like G-pay, Phone Pe, or Paytm.
  4. In case of any issues related to NEFT or other technical difficulties, we will issue a cheque and send it to the customer’s address via courier.
  5. We will deduct our process charges of 5% or lab charges of ₹500/- to ₹1500/-, whichever is higher, if a refund is required.
  6. In the case of tampered media, we will charge attempt or donor parts charges for advance payment under non-refundable conditions.
  7. If data is partially recovered and the client does not accept the data, the advance parts payment is non-refundable.
  8. If the client cancels the task within the time frame, the advance parts payment will not be refundable.
  9. If any data is lost from the client-provided copy hard drive or Micronics’ storage due to customer delay and the expiration of the data storage policy period, the advance payment will not be refunded. Prompt completion of this process is essential to avoid emergencies or further issues. 

Shipping, Return, Cancellation Policy

  1. Micronics will not be liable for any damages or losses caused by an outsourced shipping/courier service used by the client or Micronics.
  2. Any computer, media, or property left with Micronics unclaimed for 30 days will be disposed of. Recovered client data will be stored for 15 days subsequent to recovery. After this period, Micronics shall have no liability to the client or their representative.
  3. Micronics Data Recovery, its employees, and affiliates may transport client media/equipment/data to, from, and between their facilities.
  4. If the client doesn’t claim or respond to the provided email or call within 30 days, any cancelled or unclaimed media will be disposed of.

Media and Data Destroy Policy

  1. After 30 days, any unclaimed computer, media, or other items at Micronics will be disposed of. After recovery, client data will be kept for 15 days. After this period, Micronics will not be accountable to the client or their agent.
  2. The policy on returning media varies depending on the case. Returnable or non-returnable policies must be mentioned in every quotation and contract agreement prior to starting the task.
  3. If the data is not claimed within 30 days, both the recovered data and the patient disk will be disposed of. Please act promptly to avoid any inconvenience.

Final Data Verification

  1. Clients must complete the final data verification as soon as possible to prevent any delays. This step is crucial and cannot be postponed.
  2. Any computer, media, or property left unclaimed with Micronics for 30 days will be disposed of.
  3. Recovered client data will be stored for 15 days after recovery. After this period, Micronics shall have no liability to the client or their representative.

Additional Charges Policy

  1. If the customer does not claim the recovered data within 15 days, an additional charge of ₹3000/- for every 500GB of data stored in our safe storage will apply upon week request. If the data size exceeds 500GB, a customized quote will be provided.

Data Storage Policy

  1. After the recovery process is completed, Micronics will securely store the client’s recovered data for 15 days.
  2. Data will be retained for seven days after client delivery, without prior notice to the customer. After this period, the client’s data will be deleted from Micronics’ storage.
  3. The recovered data is stored on the provided copy disk or Micronics’ storage. Due to long-term storage constraints and potential technical issues, we can only guarantee the safety of this data for 15 days from the recovery completion date. 

Warranty

  1. Although most leading manufacturers will accept hard drives worked on and opened by Micronics, manufacturer warranty is not guaranteed. Micronics does not guarantee clients’ drives to be accepted by all manufacturers, and any warranty discrepancies will be dealt with between the manufacturer and the client. Micronics holds no responsibility for honouring clients’ manufacturer warranties.

Consent and Payment Policy for Data Recovery Services

  • Consent Requirement: We require explicit consent from the client before initiating any data recovery tasks. This consent must be provided through a signed Data Recovery Agreement.
  • Consent Submission: The signed Data Recovery Agreement can be submitted via email or WhatsApp.
  • Advance Payment: Upon making an advance payment, the client is considered to have formally agreed to the terms outlined in the Data Recovery Agreement and authorized us to proceed with the data recovery services.
  • Service Initiation: No data recovery services will commence until both the signed Data Recovery Agreement and the advance payment have been received.

Legal Framework Governing (Micronics Vs Clients and Client’s Representative)

Information Technology Act, 2000 (IT Act) 

  • Section 43A: Micronics must implement reasonable security practices to protect sensitive personal data during the recovery process.
  • Section 72A: Penalizes unauthorized disclosure of personal information, ensuring Micronics maintains strict confidentiality of the client’s data.
  • Section 66A: Penalizes individuals for sending offensive messages through communication services, which can apply to clients posting defamatory reviews online.
  • Section 79: Provides exemption from liability to intermediaries. However, clients knowingly posting false information can be held liable.

Indian Contract Act, 1872

  • Section 10 – Service Agreements: This Act governs agreements between Micronics and clients, covering payment, liability, confidentiality, and data handling obligations.
  • Section 73 – Breach of Contract: If a client breaches contractual terms by providing false information or defamatory reviews, Micronics can take legal action under this section, seeking compensation for damages caused by the breach.

Consumer Protection Act, 2019

  • Section 2(47) – Unfair Trade Practices: Clients are protected from misleading service representations. Conversely, posting false reviews can make clients liable.
  • Section 17 – Consumer Rights: Ensures clients can seek redress for grievances through Consumer Disputes Redressal Commissions.
  • Section 21 – Misleading Advertisements: Penalizes false claims about services, applicable to both companies and clients.
  • Section 89 – Product Liability: Establishes accountability for harm caused by false or misleading representations of services.

Sensitive Personal Data Rules, 2011

  • Section 5: Specifies lawful processing and collection of personal data with client consent.
  • Section 6: Mandates secure storage and handling of sensitive personal data.
  • Section 8: Requires strict adherence to security procedures to prevent data breaches.

Indian Penal Code, 1860 (IPC) / Bharatiya Nyaya Sanhita, 2023 (BNS)

  • Section 499 (IPC) / Section 354 (BNS): Defines defamation as making or publishing false statements intending to harm a person or entity’s reputation.
  • Section 500 (IPC) / Section 356 (BNS): Specifies punishment for defamation, which may include imprisonment, fines, or both.
  • Section 505 (IPC) / Section 317 (BNS): Penalizes individuals for spreading false or misleading information that may cause harm.
  • Section on Offensive Messages (BNS): Updated provisions for offenses related to offensive messages and online behavior, addressing evolving communication practices.

Jurisdiction and Compliance

  • Jurisdiction: Legal disputes between Micronics and clients fall under the jurisdiction of Ahmedabad, India, per the service agreement.
  • Compliance: Micronics must adhere to the IT Act, Indian Contract Act, and Consumer Protection Act.

Legal Remedies and Recourse for Micronics

  • Cease and Desist Notice: Micronics can issue notices requiring clients to remove wrongful reviews.
  • Civil Suit for Defamation: Micronics may file a civil suit under Section 499 and 500 IPC / Section 354 and 356 BNS for damages caused by defamatory statements.
  • Consumer Court Complaint: Under Section 21 of the Consumer Protection Act, 2019, Micronics can take legal action against false reviews harming business.
  • Police Complaint: Micronics may file a complaint under Section 66A (IT Act), Section 505 IPC / Section 317 BNS for misuse of communication services and defamation.

This framework ensures legal protection for both Micronics and its clients, promoting transparency and compliance with Indian laws.

By following these laws and regulations, Micronics ensures adherence to Indian legal standards while delivering data recovery services to clients and their representatives. Additionally, understanding and applying these legal provisions enables companies to safeguard their interests against wrongful reviews and maintain their rights effectively  

By submitting this form, you agree to the TERMS AND CONDITIONS AGREEMENT set forth above. Please read them carefully. Your use of this form indicates your acceptance of these terms and conditions. Micronics. Reserves the right to make changes to this site and these terms and conditions at any time without prior notice.

 

See Also

Case Studies