Terms of Service

I.
INTRODUCTORY PROVISIONS AND SUBJECT OF THE WORK

These Terms and Conditions govern the relationship between the contracting parties to a contract for work concluded between DataHelp s.r.o., Company ID: 273 87 712, registered office at U třetí baterie 1056/5, 162 00 Prague 6 - Břevnov, place of business: Jirsíkova 541/1, 186 00 Prague 8 - Karlín, registered in the Commercial Register maintained by the Municipal Court in Prague under file no.: C 115695, as the Contractor, and the Client. The Client means any natural or legal person who has concluded a contract for work with the Contractor pursuant to Section 2586 et seq. of Act No. 89/2012 Coll., the Civil Code, and in accordance with these Terms and Conditions. The Client and the Contractor are hereinafter also referred to jointly as the "Contracting Parties".

The Contractor is an entrepreneur specializing in data recovery, i.e., making inaccessible data information stored on data carriers accessible (recovery), meaning memory carriers of data information using some physical principle for data storage (particularly internal and external hard drives, RAID arrays, memory cards, SSD drives, NAS storage, USB flash drives, internal memory of Android devices, internal memory of iOS devices, etc.) [hereinafter referred to as "data carrier"].

The subject of the contract for work is primarily the assessment/verification of the possibility of data recovery, i.e., making inaccessible data information stored on the data carrier accessible by the Contractor for the Client (hereinafter referred to as "assessment") and the Client's obligation to pay the Contractor the price for this assessment according to the Contractor's current price list, which is an integral part of these Terms and Conditions.

Based on the assessment results, the Contractor will send the Client a proposal to conclude a contract for work, the subject of which will be the actual data recovery, i.e., making inaccessible data information accessible (hereinafter referred to as "data recovery"), or the Client will be informed that data recovery cannot be performed.

The Contractor's current price list is available on the Contractor's website at https://www.datahelp.eu/pricing/.

II.
CONCLUSION OF THE CONTRACT FOR WORK

The contract for work is concluded in writing, electronically by email or through a form on the Contractor's website (order form for free diagnostics and pickup available on the website at https://www.datahelp.eu/order/) or implicitly by handing over the data carrier to the Contractor. In written form, the contract for work is concluded by signing the receipt protocol by the Client and the Contractor, or by the Contractor issuing a receipt protocol to the Client.

In case of concluding a contract for work pursuant to paragraph 3 of Article I of these Terms and Conditions using means of distance communication, the Client shall send the order to the Contractor electronically by email or through a form on the Contractor's website. The Client is obliged to provide the Contractor with identification data, i.e., in the case of a natural person, particularly name, surname, date of birth and residence, or in the case of a legal person, company name, registered office, company ID, and if the Client is a VAT payer, also the tax ID, optionally also the delivery address if different from the residence or registered office address, as well as email address and telephone number. Upon receiving the order, the Contractor will perform the assessment and based on the assessment results will send the Client a proposal to conclude a contract for work pursuant to paragraph 4 of Article I of these Terms and Conditions electronically by email, and will also inform the Client of the price of the work (e.g., by sending the Contractor's current price list), the expected completion date, and send these Terms and Conditions to the Client, or inform the Client that data recovery cannot be performed.

The contract for work is concluded:

In case of contracts for work pursuant to paragraph 3 of Article I of these Terms and Conditions, at the moment of receipt of the order by the Contractor, or at the moment of signing the receipt protocol by the Contracting Parties, or by the Contractor issuing the receipt protocol (in case of a written contract for work) or upon receipt of the data carrier by the Contractor for assessment (in case of implicit conclusion of the contract for work).

The contract for work pursuant to paragraph 4 of Article I of these Terms and Conditions is concluded at the moment of acceptance of the Contractor's proposal to conclude the contract for work by the Client, i.e., by the Client's communication addressed to the Contractor that the data recovery should be performed.

The Contractor will not accept a proposal to conclude a contract for work, or is entitled to withdraw from an already concluded contract for work, particularly in the following cases:

• insufficient capacity or unavailability of spare parts in case of mechanical damage to the data carrier;
• non-payment of advance payment, price of work or part thereof, or shipping costs;
• force majeure.

III.
PRICE OF THE WORK AND PAYMENT TERMS

The price of the work is stated in the Contractor's current price list, which is part of these Terms and Conditions, or is stated in the proposal to conclude a contract for work pursuant to paragraph 4 of Article I of these Terms and Conditions, with shipping costs added to the price of the work unless otherwise agreed, and value added tax.

The Client is obliged to pay the price of the work no later than upon handover of the work, unless the Contracting Parties agree otherwise.

The Contractor is entitled to require the Client to pay an advance payment, the price of the work or part thereof, or shipping costs before commencing the work, unless it is shipping arranged by the Contractor for the Client at the Contractor's expense.

IV.
WITHDRAWAL FROM THE CONTRACT

Neither Contracting Party is entitled to withdraw from the contract for work, terminate it, or otherwise unilaterally terminate it for reasons other than statutory reasons, or reasons expressly stated in these Terms and Conditions or in the contract for work, and the Contracting Parties expressly exclude the application of Sections 1977 to 1979, 1999, 2000, 2002 and 2003 of Act No. 89/2012 Coll., the Civil Code.

In case of withdrawal from the contract for work, the Contractor is entitled to charge the Client a fee to which it became entitled in connection with the performance of the work until the time of withdrawal, according to the hourly rate stated in the Contractor's current price list, unless the Contracting Parties agree otherwise. In case of withdrawal from the contract for work, the Contractor also has the right to reimbursement of costs incurred in connection with the performance of the work.

V.
SHIPPING OF THE DATA CARRIER

Based on the Client's order as principal, the Contractor as forwarder may undertake to arrange in its own name and for the account of the Client the transport of a shipment containing the data carrier from a certain place to another certain place, possibly also to arrange or perform acts related to the transport, and the Client undertakes to pay the Contractor a fee, unless the Contracting Parties agree otherwise. Thus, in case of shipping the data carrier, the Contractor always acts as a forwarder and not as a carrier, owner of goods or orderer of transport.

Before sending the data carrier to the Contractor, or before handing over the data carrier to the carrier for delivery to the Contractor, the Client is obliged to carefully pack the data carrier to prevent further damage, always at least in a cardboard box (not just in an envelope or bubble wrap or other foil), with minimum shipment dimensions of 15 cm x 10 cm x 1 cm and maximum shipment dimensions of 100 cm for the longest side and circumferential length of maximum 250 cm (circumferential length is calculated as 2× width + 2× height + length), with shipment weight not exceeding 20 kg.

When returning the data carrier to the Client, the data carrier will be delivered to the address specified by the Client in the shipping order or in the order, with the address specified in the shipping order taking precedence.

In case of a shipping order by the Client, the Contractor fulfills its obligation to hand over the work or item (goods in case of purchase of the data carrier by the Client) by handing over the data carrier to the first carrier for transport to the address specified by the Client. The risk of damage to the data carrier in such case passes to the Client upon handover to the first carrier for transport to the address specified by the Client.

If a special shipping method is agreed based on a special request of the Client, the Client bears the associated risk and any additional costs associated with this shipping method.

The Client is obliged to receive the data carrier at the address specified by them. If the Client does not receive the goods at the address specified by them, the Contractor is not in delay with handover of the work and the Client will bear the costs associated with possible repeated delivery of the data carrier or its return to the Contractor.

Upon receipt of the data carrier from the carrier, the Client is obliged to check the integrity of the packaging of the data carrier and in case of any defects, report these defects immediately to the carrier and then also to the Contractor. In case of packaging damage indicating unauthorized entry into the shipment, the Client does not have to accept the shipment from the carrier.

VI.
PERFORMANCE, HANDOVER AND QUALITY OF WORK AND RIGHTS FROM DEFECTIVE PERFORMANCE

The work is performed when it is completed and handed over.

The work is completed when its ability to serve its purpose is demonstrated. If the work (data carrier containing recovered data information) is handed over at the Contractor's premises, the Contractor will demonstrate the recovered (accessible) data information to the Client upon the Client's request. The work may also be handed over to the Client by sending a download link for the recovered (accessible) data information. In case of a larger volume of data information or if the Client did not request the Contractor to demonstrate the recovered (accessible) data information at the premises upon handover of the work, or if the data carrier is being shipped to the Client or handed over by sending a download link for the recovered (accessible) data information, the Client is obliged to check the data information and its ability to serve its purpose without undue delay after receiving the data carrier or sending the download link for the data information, no later than within 5 days from the date of handover of the work.

The work is considered handed over either by handing over the data carrier to the Client at the Contractor's premises, or by sending the download link for the recovered (accessible) data information to the Client at the email address provided to the Contractor, or by handing over the data carrier with the recovered (accessible) data information to the carrier for delivery to the address specified by the Client, whichever occurs first. When handing over the data carrier at the Contractor's premises, the Client is obliged to present an identity document (ID card or passport) to the Contractor, otherwise the data carrier will not be handed over by the Contractor. In such case, the Contractor is not in delay with performance of the work. A dispatch protocol will be drawn up between the Client and the Contractor, or issued by the Contractor, upon handover of the data carrier.

The work pursuant to paragraph 3 of Article I of these Terms and Conditions is considered performed by communicating the assessment result to the Client.

The work pursuant to paragraph 4 of Article I of these Terms and Conditions is considered performed upon handover of the work and is considered free of defects if the success rate of recovered (accessible) data information reaches 95% of the total content of inaccessible data information contained on the data carrier. If the Contractor warns the Client before commencing the work that it cannot guarantee a 95% success rate of recovered (accessible) data information, the work will be considered free of defects even if the success rate of recovered (accessible) data information is lower than 95%. If the Client specifies specific data information whose recovery (accessibility) is required, the Contractor may proceed with data recovery according to this specification, in which case the recovery success rate will be assessed as the ratio of the volume of recovered (accessible) data information to the total volume of data information specifically specified by the Client.

The Contractor is not liable for defects caused by the Client.

The Contractor does not provide the Client with a quality guarantee.

The rights and obligations of the Contracting Parties regarding rights from defective performance are governed by relevant generally binding legal regulations, particularly Act No. 89/2012 Coll., the Civil Code, and these Terms and Conditions, and in case of a data carrier (not the data information contained on the data carrier) supplied by the Contractor to the Client for the purpose of handing over recovered (accessible) data information, the relevant provisions of Act No. 89/2012 Coll., the Civil Code, on purchase agreement and these Terms and Conditions apply to rights from defective performance.

The Client is obliged to check the recovered (accessible) data information as soon as possible after handover of the work according to their possibilities to identify potential defects and is obliged to report defects to the Contractor (claim) no later than within 5 business days from handover of the work. The recovered data information is always also stored on the Contractor's data carriers, particularly in case of a defective data carrier, loss or damage to the data carrier during transport, etc., but for no longer than 10 days from the date of handover of the work, and therefore can be copied to another data carrier for the Client within this period, or a download link can be sent to them by the Contractor.

The Client is entitled to exercise rights from defective performance (claim) by sending an email to the Contractor's email address info@datahelp.eu or by sending a written communication to the Contractor's business address: Jirsíkova 541/1, 186 00 Prague 8 - Karlín.

If the data carrier with the recovered (accessible) data information is being sent to the Client via a carrier or postal service provider and the shipment is visibly damaged, the Client is obliged to file a claim by drawing up a protocol on shipment damage at the time of receipt from the carrier or postal service provider, or refuse to accept such damaged shipment, otherwise the Client has no right to file a claim with the Contractor.

The data carrier handed over by the Client to the Contractor for the purpose of performing the work is considered a destroyed item (waste) and the Contractor is not obliged to return the data carrier to the Client after handover of the work and is entitled to irreversibly dispose of it, unless the Contracting Parties agree otherwise. If the Client requires the return of the data carrier, they are obliged to inform the Contractor of this no later than upon accepting the proposal to conclude a contract for work concerning data recovery. The return of the data carrier will be performed by the Contractor at the Client's expense and responsibility, and the Contractor charges a fee for reassembling the data carrier to its original state according to the Contractor's current price list. If the data carrier is returned to the Client, it will always be reassembled by the Contractor to its original state in which it was handed over to the Contractor, to prevent loss or damage to its components. In case of unsuccessful data recovery or if only assessment is performed and data recovery is no longer carried out by the Contractor, the data carrier will always be returned to the Client, unless the Contracting Parties agree otherwise. The Client is obliged to pick up the data carrier no later than within 14 days from the day they are requested to do so by the Contractor. If the Client does not pick up the data carrier within the period specified in the previous sentence, the Contractor will set an additional deadline for picking it up and if the Client does not pick up the data carrier even within this additional deadline, the Contractor is entitled to irreversibly dispose of the data carrier. In case of the Client's delay in picking up the data carrier, the Client is obliged to pay the Contractor storage fees and any disposal costs of the data carrier according to the Contractor's current price list.

If the data carrier handed over by the Client to the Contractor is encrypted or password-protected, the Client is obliged to inform the Contractor of these facts already in the order and provide all necessary codes and passwords. If the Client did not inform the Contractor of the facts stated in this paragraph in the order, the Contractor is entitled to additionally charge the Client a fee for decryption. If the Client does not provide the codes and passwords to the Contractor at all, the Contractor cannot perform decryption or output control of the recovered data information and will hand over only a bit copy to the Client, and the Client will have to perform decryption and data control themselves. In such case, however, the work will be considered free of defects if the bit copy contains at least 95% of the total storage capacity of the data carrier.

If the Contracting Parties agree on data recovery using the "RAW" method, which represents data recovery regardless of the file system and file labeling or naming, the Client acknowledges that the recovered (accessible) data information may not be labeled or named and sorted in the way it was originally labeled or named and sorted by the Client, the data information may also be partially unreadable, incomplete, or may not contain the data information specifically specified by the Client. In case of using the "RAW" method, the work will be considered free of defects even if it does not achieve a 95% success rate of recovered (accessible) data information from the total content of inaccessible data information contained on the data carrier.

If the Client's cooperation is necessary for the performance of the work and the Client refuses to provide such cooperation or does not provide it even within an additional deadline, the Contractor is entitled to withdraw from the contract for work.

VII.
OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

The entity for out-of-court resolution of consumer disputes is the Czech Trade Inspection Authority, with information on resolving these disputes available on the website https://www.coi.cz, specifically at https://www.coi.cz/informace-o-adr/. A consumer means any natural person who, outside the scope of their business activity or outside the independent exercise of their profession, concludes a contract for work with the Contractor or otherwise deals with them.

The Contracting Parties agree on the law of the Czech Republic as the governing law for the contract for work and legal relationships arising from it and related to it that contain an international element.

The Contracting Parties agree on the jurisdiction of courts of the Czech Republic for dispute resolution.

The Contracting Parties declare that they assume the risk of change of circumstances and that any change of circumstances does not entitle any Contracting Party to assert any claims related thereto, and the Contracting Parties expressly exclude the application of Section 1765(1), Section 1766 and Section 2000 of Act No. 89/2012 Coll., the Civil Code. The Contracting Parties waive any right to terminate the contract for work and restore the original state if the mutual performances under this contract for work were grossly disproportionate, and expressly exclude the application of Sections 1793 to 1796 of Act No. 89/2012 Coll., the Civil Code.

If a Contracting Party is in delay with payment of a monetary debt, then such Contracting Party as debtor is obliged to pay the other Contracting Party as creditor default interest on the amount owed at the rate according to valid legal regulations. The creditor also has the right to full compensation for damage caused by non-fulfillment of the monetary debt, regardless of whether it is or is not covered by default interest.

If the contract for work is not concluded with a consumer, the Contracting Parties expressly exclude the application of Sections 1799, 1800 and 2158 to 2174 of Act No. 89/2012 Coll., the Civil Code.

Business customs, whether generally observed or in a given industry, do not take precedence over the provisions of the contract for work, these Terms and Conditions, or valid legal regulations.

VIII.
PERSONAL DATA PROTECTION

Personal data protection is governed by Act No. 110/2019 Coll., on Personal Data Processing, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR).

The Client is aware that after sending the order, or after concluding the contract for work, the Contractor will process the Client's personal data contained in the contract for work (order), particularly name and surname, residential address, email address, telephone number (hereinafter referred to as "personal data").

The Contractor processes the Client's personal data for the purpose of:

• fulfilling the contractual relationship (particularly for concluding the contract for work, fulfilling the contract for work, handling claims, processing orders, issuing and sending invoices, collecting receivables, including asserting rights in courts, with insurance companies, etc.),
• fulfilling obligations imposed by generally binding legal regulations (particularly fulfilling tax obligations, statistical obligations, obligations to law enforcement authorities, etc.),
• sending offers of the Contractor's new and existing products (Contractor's commercial communications), subject to the Client's consent to receive these offers.

The Contractor may entrust the processing of the Client's personal data to a third party as a processor.

The above personal data will be processed by the Contractor only for the period necessary for the given purpose of their processing. Personal data will be processed mainly in electronic form by automated means or in printed form by non-automated means.

The Client as a data subject has rights regarding personal data protection that arise from personal data protection regulations and that they are entitled to exercise against the Contractor, namely:

1. Right of access to personal data
   If the Client is interested in finding out what personal data the Contractor processes about them, they have the right to obtain information from the Contractor about whether their personal data is being processed, and if so, they also have the right to access this personal data. In case of repeated request from the Client, the Contractor is entitled to require the Client to pay a reasonable fee for providing the information, in the form of an advance payment, and if the Client does not pay this advance, the information will not be provided.
2. Right to rectification of inaccurate or untrue personal data
   If the Contractor processes inaccurate or untrue personal data about the Client, the Client has the right to request their rectification. The Contractor is obliged to rectify personal data without undue delay, but always with regard to its personnel and technical capabilities.
3. Right to request an explanation
   If the processing of the Client's personal data by the Contractor would violate the protection of their personality or privacy or if the personal data were processed in violation of legal regulations, the Client is entitled to request an explanation from the Contractor.
4. Right to contact the Data Protection Authority
   If the Client is convinced that the Contractor is violating the Client's right to privacy protection, they have the right to contact the supervisory authority, which is the Office for Personal Data Protection, Company ID: 70837627, with registered office at Pplk. Sochora 27, 170 00 Prague 7.
5. Right to erasure of personal data
   If the Client's personal data is no longer needed for the purposes for which it was processed, or is processed unlawfully by the Contractor, the Client has the right to request its erasure.
6. Right to restriction of processing of personal data
   If the Client does not want their personal data erased, but only a temporary restriction of the scope of processing of their personal data, they have the right to request the Contractor to restrict the processing of this personal data.
7. Right to data portability
   If the Client wants the Contractor to transfer their personal data to another entity, they have the right to data portability to that entity. However, if exercising this right could adversely affect the rights and freedoms of third parties, the Contractor will not comply with such request.
8. Right to object
   The Client has the right at any time to object to the processing of personal data that is processed for the purposes of performing a task carried out in the public interest or in the exercise of official authority or for the purposes of protecting the Contractor's legitimate interests. If the Contractor does not demonstrate that there is a compelling legitimate reason for processing the Client's personal data that overrides the Client's interests or rights and freedoms, the Contractor is obliged to terminate the processing of personal data based on the Client's objection without undue delay.
9. Right to withdraw consent to personal data processing
   If the Contractor processes personal data based on consent granted by the Client, the Client is entitled to withdraw this consent at any time.

When exercising the rights listed in the previous paragraph, the Client may contact the Contractor in writing at the business address: DataHelp s.r.o., Jirsíkova 541/1, 186 00 Prague 8 - Karlín, or by email at the Contractor's email address info@datahelp.eu.

The Contractor will respond to the Client's request pursuant to this Article VIII of the Terms and Conditions no later than within 30 days from the date of receipt of the request. If necessary, the Contractor is entitled to extend the deadline by a maximum of 2 months. The Contractor is obliged to inform the Client about the extension of the deadline including the reasons for the extension.