General service contract and conditions

  1. To use the service, the CLIENT must arrange for the delivery of the data carrier to be saved. We can only collect the data carrier and its accessories from the KÜRT Data recovery Customer Service, this is not possible at an external location.
  2. KÜRT will only take over the data carrier if the CLIENT has filled out the “Data loss report” online data form on the https://adatvesztesbejelentes.kurt.hu/en/ website and the printed Data Sheet generated from it has been signed by the CLIENT or his authorized representative and attached to the data carrier. A handover document is prepared for the received data carrier and its accessories.
  3. Any type of administration (request for information, receiving/handing over devices, receiving saved data) requires the registration number provided by KÜRT. The PRINCIPAL must keep the registration number confidential, and may only disclose it to a third party at its own risk. KÜRT is not responsible for any damages that may result from this, they are solely the responsibility of the CLIENT.
  4. In the case of encrypted data media (e.g. Bitlocker), the CLIENT must provide the software/hardware tools and passwords required for data recovery.
  5. The CLIENT acknowledges that disassembling the data carrier will result in the loss of the warranty.
  6. After the data carrier has arrived at KÜRT Customer Service, KÜRT will send a price quote for the data recovery by email, which includes the data recovery labor fee and the expected deadline, within the deadline corresponding to the inspection package selected by the CLIENT in the “Registration of data recovery” form.

In the case of CD, DVD, Floppy, Zip disk, the CLIENT can order the data recovery without examination or quotation, at the price fixed in the current price list published on the KÜRT website. In the case of other data carriers, KÜRT examines the data carrier at an individual price. The fee for the SOS Data recovery service is determined individually by KÜRT. In case of unsuccessful SOS Data recovery, 20% of the established fee is payable.

  1. The CLIENT can order the data recovery based on the quotation or cancel it. If no response to the price offer is received within the validity period, the case must be treated as closed, so that data recovery has not been ordered, in which case KÜRT will store the undelivered devices for 90 days (see point 20).
  2. The CLIENT acknowledges that if the data recovery is ordered after receiving the quotation, KÜRT is entitled to invoice the data recovery fee.

In the quotation, KÜRT may stipulate a fee to be paid in case of unsuccessful data recovery, which is a minimum of 20% of the commitment fee. In special cases, KÜRT provides a unique price quote (hereinafter: Unique Data recovery quote.)

  1. The order is accepted by KÜRT based on the Data recovery quote document signed by the CLIENT. The order can be placed in person at the KÜRT Customer Service or by reply email, by returning the signed, scanned data recovery quote. The data recovery deadline is calculated from the confirmation of the KÜRT Order. The deadline for saving data does not include the ordering of parts that may be necessary for the work, or the time it takes for them to arrive, so the work process is postponed by this time.
  2. After placing the order, it is no longer possible to modify the contract.
  3. From the point of view of the deadline, the data recovery is considered completed if KÜRT has notified the CLIENT of this by electronic mail (e-mail).

In the event of a successful data recovery, KÜRT creates a library and file list of the saved data for inspection and illustration purposes, which the CLIENT can access via a securely generated, password-protected link. If the CLIENT does not object in writing within 5 working days of notification of the completed data recovery, KÜRT will issue an invoice for the labor fee, which it will send to the CLIENT.

  1. When determining the success of the data recovery, KÜRT uses the description given by the CLIENT in the “Information of the data loss” section of the “Registration of data recovery” form.

KÜRT only examines quantitative deviation and header correctness. The correctness of the header of the saved files is checked by a special software procedure. For data protection and data security reasons, KÜRT does not examine data content, personal data is not necessary to perform the service.

  1. In case of a data recovery exceeding 90% success rate, the work fee specified in the quotation will be invoiced. If the result of the data recovery is partial (between 20% and 90%), KÜRT will set a proportionally reduced labor fee, according to the conditions specified in the quotation (if the success rate does not reach 20%, the minimum labor fee specified in the quotation must be paid).

In those special cases, where a library and file list cannot be created from the result of the completed data recovery (e.g. in the case of industrial target systems) or the result cannot be illustrated in a list (e.g. RAW recovery), KÜRT and the CLIENT will individually agree on the success of the data recovery.

If necessary, KÜRT provides the CLIENT with the opportunity to view the saved data at a pre-arranged time at the KÜRT Data recovery Customer Service on a computer set aside for this purpose.

  1. The data recovery is unsuccessful if the data recovery cannot be implemented.
  2. If the performance does not take place by the deadline agreed in the quotation, after a delay of 10 working days, the CLIENT may decide whether to continue to maintain the order or withdraw from the order, in which case the minimum labor fee fixed in advance in the quotation shall be paid.
  3. In all cases, KÜRT transfers the saved data on another data medium, it is not returned to the original data medium. In case of a successful data recovery, KÜRT provides a new data carrier for the saved data up to 2 TB, for which it undertakes a replacement guarantee within 14 days from the date of delivery, in case of failure under intended use.

If the size of the saved data exceeds 2 TB, then the CLIENT must provide an empty data carrier of suitable size.

For data security reasons, KÜRT encrypts the data medium containing the saved data, and sends the password required to unlock it to the CLIENT in a separate email.

KÜRT waives the use of encryption only if it is professionally justified (e.g. in the case of industrial target systems) or if the CLIENT expressly requests not to use encryption. KÜRT is not responsible for any damages that may result from this, they are solely the responsibility of the CLIENT.

  1. KÜRT hands over the data carriers and/or saved data to the CLIENT after payment of the work fee or failure fee. If the CLIENT does not pay KÜRT’s invoice even after 60 days of delay, i.e. breaches the contract, KÜRT is entitled to terminate the contract with extraordinary notice in view of the CLIENT’s breach of contract and to destroy the saved data. In this case, the CLIENT cannot make any demands regarding the destruction of the saved data. KÜRT draws the CLIENT’s attention to the fact that after data recovery, the repeated data recovery process from the data carrier may no longer be successful, so the data that was restored during this data recovery process may be permanently lost.

Accepted payment methods:

  • cash (up to HUF 100,000)
  • transfer
  • bank card, POS terminal (Visa and Mastercard)

In individual cases, KÜRT transfers the saved data at the same time as issuing the invoice.

  1. In case of successful data recovery, KÜRT will hand over the saved data personally to the CLIENT or his authorized representative. If required, as a convenience service, KÜRT delivers the saved data to the CLIENT with its contracted courier partner, for which KÜRT does not charge a separate fee. During delivery, KÜRT does not assume responsibility for damages caused by the error of the courier service, they are solely the responsibility of the CLIENT. Freight parity according to Incoterms: EXW.KÜRT ZRT BUDAPEST RÉTKÖZ U. 5. 4TH FLOOR.

In special cases, KÜRT and CLIENT individually agree on the method of transferring the saved data.

  1. The CLIENT has the opportunity to check the data recovery within 14 days of receiving the data carrier containing the saved data.

The CLIENT must report any complaints to KÜRT by email (datarecovery@kurt.hu), specifying the registration number in the subject and detailing the problem. KÜRT is obliged to investigate the complaint as quickly as possible.

If the CLIENT does not object within 14 days, he may no longer make any demands regarding the performance of the service. After 14 days (or the closing of the complaint), KÜRT irreversibly deletes the recovery copy made on the data carrier during the data recovery process.

  1. KÜRT will keep the CLIENT’s undelivered devices (data media and possible accessories) for another 90 days. If the CLIENT does not deliver it within this time, he may no longer make any demands regarding his devices.

KÜRT destroys the data carrier and then treats it together with any accessories as IT waste. The data carrier is destroyed with a special tool that physically destroys the data storage to such an extent that it is no longer possible to save data from it with any currently known technology.

  1. KÜRT assumes full responsibility for the confidential management of the CLIENT’s data, i.e. declares that it will use the data and information obtained during the fulfillment of the data recovery contract only in accordance with the purpose of the contract, will not transfer them to third parties, or make them public.
  2. Other parts of the data recovery contract:
    • Request for price offer data sheet,
    • Statement about the data carrier,
    • Handover document,
    • Data recovery Price offer.
    • Informational price list of KÜRT Data recovery (available at: https://kurt-datarecovery.com/home/data-recovery-prices/ )
    • Data protection information (available at: https://kurt-datarecovery.com/privacy-policy/).
  3. In matters not regulated in these GTC, the Civil Code. regulations apply.

Budapest, October 14, 2024.

KÜRT Co. – Data recovery