General Terms & Conditions
These General Terms and Conditions (the "GTC") govern all data recovery, expertise and technical services provided by Belgium Data Recovery to consumer and professional clients. By entrusting a storage device to Belgium Data Recovery, or by signing a diagnostic intake form, the client accepts these GTC without reservation. In case of doubt or discrepancy, the French version available on this site prevails.
1. Service provider
Saidov Takhir — sole proprietorship trading as Belgium Data Recovery.
Place of business: Chaussée de Louvain 467, 1030 Schaerbeek (Brussels), Belgium.
Belgian enterprise number (CBE) / VAT: BE 0843.790.429.
Phone: +32 2 888 29 90 · Email: info@infobyte.be.
2. Subject and scope
Belgium Data Recovery provides analysis, diagnostic, repair, recovery and restitution services on all types of storage media (hard drives, SSD/NVMe, RAID, NAS/SAN, USB sticks, memory cards, smartphones, computers). These GTC apply to every assignment, to the exclusion of any other terms, including those of the client.
Any quote, diagnostic intake form or diagnostic report accepted by the client together with these GTC forms the entire agreement between the parties.
3. Diagnostic phase
Every assignment starts with a diagnostic phase. The client sends or delivers the device together with a completed and signed diagnostic intake form. Belgium Data Recovery confirms receipt and assigns a case number used as reference for all further communications.
The diagnostic is performed according to the chosen service level (Standard, Express or Emergency). At the end of the diagnostic, the client receives a concise explanatory message setting out the cause of the failure, the chances of recovery and the corresponding quote.
The diagnostic is free for common logical failures. For physical failures requiring cleanroom work, in-depth expertise or complex RAID/NAS analysis, a flat diagnostic fee may apply. This fee is communicated to and accepted by the client before any intervention.
4. Quote and recovery phase
The quote is valid for seven (7) days and specifies the recovery price, the restitution medium, return shipping costs and, where applicable, the cost of parts required.
Acceptance of the quote must be given in writing: confirming email, signed return (paper or scan), or explicit validation in a client area. For professional clients (B2B), oral or telephone acceptance is admissible, subject to a written confirmation thereafter (recap email). For consumer clients (B2C), only written acceptance is binding. The case number and the written exchange history constitute proof of the client's agreement. Upon receipt of the acceptance, Belgium Data Recovery uses its best efforts to perform the service according to the agreed terms.
Indicated turnaround times are given in good faith and on an indicative basis only; they do not constitute a firm commitment. Any reasonable overrun gives rise to no compensation.
5. "No Cure, No Pay" guarantee
No recovery fee is charged if no data is restored. Only flat diagnostic fees expressly accepted in advance and actual cost of parts ordered for the intervention (with the client's agreement) remain due.
The price set out in the quote is firm and fixed (forfaitaire): it is not adjusted according to the final volume of recovered data. Once the essential data identified with the client at intake are restored and accessible, the service is considered duly performed at the agreed price.
If the client has provided inaccurate or incomplete information about the cause of the data loss (e.g. undisclosed prior repair attempts, actual state of the RAID, prior incidents) leading to a substantial increase in technical effort, Belgium Data Recovery reserves the right to revise the quote before continuing the work.
6. Pricing and payment
Prices are stated in euros, exclusive of VAT, and are increased by the VAT rate applicable at the date of invoicing. Prices published on the site are indicative and may vary based on the complexity assessed during the diagnostic.
Payment is made at the time of restitution of the data, after on-site verification by the client (see article 7). Accepted means of payment are bank transfer, Bancontact and cash (within the legal limit). For certain specific cases (expensive parts to be ordered, on-site intervention, exceptional emergency), Belgium Data Recovery reserves the right to require a deposit or prepayment, which is then expressly stated on the quote.
Professional clients (B2B). Failing payment on the due date and after notice of default remaining unsuccessful for eight (8) days:
- amounts due bear interest at the legal interest rate increased by eight (8) points, in accordance with the Belgian law of 2 August 2002 on combating late payment in commercial transactions;
- a fixed and non-reducible indemnity of 10 % of the amount inclusive of VAT is due, with a minimum of €50.
Consumer clients (B2C). In accordance with the Belgian law of 4 May 2023 and Book XIX of the Code of Economic Law, no fee, interest or penalty may be claimed from the consumer before the expiry of a period of fourteen (14) calendar days starting the day after a free first reminder has been sent (this period is extended to seventeen (17) days when the reminder is sent by post). This first reminder states the amount due, the 14-day payment period and the consequences of non-payment.
Only after the expiry of this period may the following be applied:
- the legal interest rate applicable to consumers;
- a fixed indemnity capped according to the cascade of article XIX.4 of the Code of Economic Law: €20 if the debt is ≤ €150; €30 + 10 % of the tranche between €150.01 and €500; €65 + 5 % of the tranche above €500, with an overall maximum of €2,000.
7. On-site verification and temporary data retention
At the end of the recovery, the client is invited to come to the laboratory to personally verify the restored data before payment: opening of priority files, readability check, completeness validation. Any reservation must be raised at that point. Payment constitutes acceptance of the service and acknowledgement that the recovery is satisfactory. For clients residing abroad or unable to come to the laboratory, verification is performed remotely, by providing a detailed list of recovered files or by a remote demonstration session. Approval of this list or validation by email constitutes final acceptance of the service and acknowledgement that the recovery is satisfactory before shipping.
After verification and payment, Belgium Data Recovery retains a copy of the data for seven (7) days, for the sole purpose of allowing the client to perform a durable backup in the event of a technical issue on the client's side (failure of the destination medium, incomplete copy, etc.). After this seven (7)-day period, the working copies are securely and definitively erased. The client is solely responsible for the durable backup of the data restored to them.
Extension at the client's request. The client may, by written request (email) sent before the expiry of the seven (7) days, request an extension of the retention period for a maximum of thirty (30) additional days. The extension takes effect upon written acknowledgement of receipt by Belgium Data Recovery. Any extension beyond this duration is subject to a specific agreement and may give rise to a secure storage fee.
8. Client non-response or non-collection
Active follow-up of the case by the client is part of the engagement. If the client stops responding to Belgium Data Recovery's communications (email, telephone), the following timelines apply:
- Quote without reply: if, after sending the quote, the client gives no reply for thirty (30) days despite at least one follow-up, the case is deemed abandoned. The device remains available to the client for sixty (60) additional days for collection, after which Belgium Data Recovery reserves the right to proceed with secure and eco-responsible destruction of the device (Recupel scheme or equivalent) and of any associated files, without compensation.
- Recovery completed but data not collected: the client is notified by email as soon as the data is available. Failing collection within ninety (90) days of the first notification, and after at least two follow-ups, Belgium Data Recovery proceeds with secure erasure of the copy and eco-responsible destruction of the device (Recupel scheme or equivalent), without compensation or refund.
- Inaccurate request or change of contact details: it is the client's responsibility to communicate any change of email address or phone number. Belgium Data Recovery cannot be held liable for loss of contact resulting from outdated or incorrect information.
Before any definitive destruction, Belgium Data Recovery sends a final notification to the email address on file. The client retains, at any time and on simple written request, the right to demand early return of the device or immediate deletion of their data.
9. Shipping and risk
Costs and risks of shipping devices entrusted to Belgium Data Recovery, as well as devices returned to the client, are borne exclusively by the client. Belgium Data Recovery cannot be held liable for loss, theft or damage occurring during shipping, unless Belgium Data Recovery is itself the contracting and paying party of the carrier, in which case its liability is limited to the value of the device and the terms of the chosen carrier.
Clients are advised to carefully protect the device (shock-resistant packaging, antistatic bag) and, for valuable shipments, to use an insured service.
10. Damaged state of the device and limitation of warranty
The client expressly acknowledges that the device and/or the data entrusted to Belgium Data Recovery are already in a damaged or defective state at the time of intake. The client accepts that the technical operations necessary to attempt recovery (cleanroom opening, disassembly, parts swap, imaging, firmware work) may result in the physical destruction of the device, the definitive loss of the data or the cancellation of manufacturer warranties.
Belgium Data Recovery is subject to an obligation of means, to the exclusion of any obligation of result. No express or implied warranty is given as to the completeness, readability, consistency or subsequent usability of the recovered data.
11. Confidentiality and subcontracting
Belgium Data Recovery undertakes to treat all information and data entrusted by the client with the strictest confidentiality and to use them solely for the purposes of the assignment. Staff and any technical partners are bound by an equivalent confidentiality obligation. This obligation survives the end of the assignment.
Belgium Data Recovery reserves the right to entrust certain specific technical operations (e.g. processing of particular NAND memories, rare mobile expertise, specialised equipment not available in-house) to carefully selected subcontractors bound by a confidentiality obligation equivalent to that of this agreement.
The confidentiality obligation does not apply to information (i) already in the public domain at the time of disclosure, (ii) which falls into the public domain without fault of Belgium Data Recovery, (iii) lawfully held by Belgium Data Recovery prior to disclosure, or (iv) whose disclosure is required by a judicial decision or a legal obligation.
12. Limitation of liability and right of retention
Save in case of intentional fault, gross negligence by Belgium Data Recovery emptying the contract of its substance, or harm to bodily integrity of persons, the parties agree that Belgium Data Recovery's liability, all heads of loss combined, is limited to the amounts actually paid by the client for the case giving rise to the damage. Indirect damages are expressly excluded, including any loss of operations, turnover, clientele, opportunity, harm to reputation or loss of data other than those entrusted to Belgium Data Recovery.
In the event of non-payment on the due date, Belgium Data Recovery has a right of retention over the device (whether repaired, not repaired or damaged) and over the recovered data, until full payment of the amounts due, including the agreed flat diagnostic fees.
13. Force majeure
Neither party can be held liable for delay or non-performance due to a case of force majeure as defined by Belgian case law, including: fire, flood, water damage, major power outage, unavailability of specific parts, government restrictions, strikes, large-scale cyberattack, pandemic or lasting disruption of telecommunication networks. The affected party notifies the other within the shortest possible time and the parties consult on the continuation of the contract.
14. Personal data
The processing of the client's personal data is governed by our Privacy Policy, compliant with Regulation (EU) 2016/679 (GDPR) and the Belgian law of 30 July 2018. The client is invited to read it before any intake.
The client warrants that they are the lawful owner of the device and the data entrusted, or that they hold all necessary and explicit authorisations to entrust their processing to Belgium Data Recovery. The client alone bears responsibility for the origin of the device. The client indemnifies Belgium Data Recovery against any third-party claim, judicial or administrative action in this respect.
15. Governing law and jurisdiction
These GTC are governed by Belgian law. In the event of a dispute, and after an attempt at amicable resolution, the courts of the judicial district of Brussels (French-speaking Business Court of Brussels or Justice of the Peace depending on the thresholds) have exclusive jurisdiction.
Consumers may also use the European online dispute resolution platform (ODR) available at ec.europa.eu/consumers/odr, or refer the matter to the Belgian Consumer Mediation Service (consumerombudsman.be).