General Terms and Conditions for Data Recovery Services
1. Preliminary remark
MEDIAFIX GmbH, Vitalisstraße 158, 50827 Cologne (hereinafter referred to as “MEDIAFIX”) offers, as a special service, the recovery of data stored on the customer’s data carriers.
MEDIAFIX secures data stored on outdated or unreadable data carriers (e.g. hard drives, SSD storage or USB sticks) onto USB storage devices (MEDIAFIX storage device or customer device).
2. Definitions / Technical service descriptions and limitations
2.1. The contractual relationship / order between the parties is based on the following service-specific terms and the respective service-specific limitations:
2.2. General
2.2.1. “Original device”: The original device initially held by the customer, i.e. hard drives or other data carriers.
2.2.2. “MEDIAFIX storage device”: A data carrier initially owned by MEDIAFIX, on which MEDIAFIX stores the result of the digitisation work and which is then sent to the customer.
2.2.3. “Customer device”: USB sticks and external USB hard drives owned by the customer, on which MEDIAFIX stores the result of the work. Data carriers without a standard USB connection are not accepted as customer media.
3. Conclusion of contract
3.1. MEDIAFIX is the contractual partner for every order.
3.2. The contract between MEDIAFIX and the customer comes into effect upon receipt of the order form signed by the customer in written form (original paper copy, fax, letter, scanned copy by email, or hand delivery) and acceptance by MEDIAFIX. An order submitted in any other form shall only be deemed accepted if MEDIAFIX carries it out or expressly confirms acceptance to the customer.
3.3. MEDIAFIX reserves the right to reject orders or to have them carried out by qualified third parties.
4. Price / Payment
4.1. The costs for the data recovery services provided by MEDIAFIX are set out in the signed order form and in the total of the individual amounts listed there and accepted by the customer.
4.2 MEDIAFIX charges the costs for data recovery solely on the basis of success. Data recovery shall be deemed successful if at least 95% of the lost data is recovered or if the customer confirms in writing that the data recovery was successful.
4.3 If full recovery is not possible but partial recovery is, the customer will be offered a partial recovery. The customer will be given the opportunity to view a list of the recoverable files and decide whether to accept the result. If the order is declined, the customer will incur no costs. On request, the original device will be returned. Otherwise, it will be destroyed in accordance with the applicable data protection regulations. There shall be no entitlement to the result of the work.
4.4. The handover of the result of the work on a MEDIAFIX storage device or a customer device and the return of the original device to the customer shall only take place in the event of successful data recovery or partial success after payment of the final price.
5. Obligations of the customer
5.1. The customer is obliged to provide MEDIAFIX with all information in their possession that may assist with successful data recovery.
5.2. By placing the order, the customer expressly declares that they have the right to recover the relevant data and that they hold all necessary rights and licences to access the data.
6. Obligations of MEDIAFIX
6.1. MEDIAFIX undertakes to handle the data properly and in compliance with all relevant data protection regulations.
6.2 All customer data and information made available to MEDIAFIX shall be treated confidentially, and MEDIAFIX guarantees that no data will be passed on to third parties.
7. Warranty / Liability
7.1. Unless otherwise stated in this contract, MEDIAFIX shall be liable, in the event of a breach of contractual and non-contractual obligations as well as loss of or damage to the original data carrier, in accordance with the applicable statutory provisions.
7.2. Regardless of the legal basis, MEDIAFIX shall have unlimited liability in cases of intent and gross negligence. In cases of ordinary negligence, MEDIAFIX shall only be liable for damage caused by the breach of essential contractual obligations or for injury to life, limb or health.
8. Final provisions
8.1. Any additions or amendments to these General Terms and Conditions must be made in writing.
8.2. Should individual provisions of these General Terms and Conditions be invalid or unenforceable, the remainder of these General Terms and Conditions shall remain unaffected. In such a case, the invalid or unenforceable provision shall be replaced by the relevant statutory provision. In the event of a contractual gap, the statutory provisions and the principles developed by case law shall apply in addition.
8.3. All legal relationships between MEDIAFIX and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
8.4. The exclusive place of jurisdiction for all disputes arising from the legal relationship between MEDIAFIX and the customer shall, insofar as such a jurisdiction agreement is permissible, be the registered office of MEDIAFIX in Cologne, Germany.
