Terms & Conditions

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DATA RECOVERY RATE

Unlike other data recovery companies, we do not diagnose your device first and then provide an estimated cost for recovery. Our rates are pre-determined ($300, $400, or $500 depending on your device’s specifications), and you agree to pay our fee if we can retrieve at least 99% of the sectors on your device.

IF WE CAN RECOVER AT LEAST 99% OF THE SECTORS ON YOUR DEVICE, you agree to pay our fee, with no option to decline the recovery.

IF WE RECOVER LESS THAN 99% OF THE SECTORS ON YOUR DEVICE, we will send you a detailed file listing of the good and bad files. If sending a file listing isn’t possible due to partition corruption, we’ll tell you the exact percentage of recoverable sectors. You can then decide if the data we recovered is worth our rate. We charge a $100 LABOR FEE (per drive) if you don’t want the data we recovered.

IF WE ARE UNABLE TO RECOVER ANY DATA FROM YOUR DEVICE, there is no charge* (besides return shipping, donor parts, open cover fee, and up-front Priority Service fee, if applicable).

*Unless we recover 99-100% of the sectors on your device but no files are recoverable, then we charge a $100 labor fee. This will be the case if your device is completely empty due to being formatted or all the files were previously deleted. Or, if your device was encrypted and you don’t remember the password or have the Recovery Key.

IF YOU OPT FOR OUR PRIORITY SERVICE: your device will move to the front of our data recovery queues, and we’ll recover your data as quickly as possible. Priority Service incurs a $50 up-front fee (per device). If the recovery is successful, there will be an additional $150 fee (per device).

IF WE DETERMINE YOUR DEVICE REQUIRES A “DELETED FILES,” “FORMATTED,” “CORRUPT,” OR “MISSING FILES” RECOVERY, the total data recovery fee is due up-front (non-refundable). If we can’t recover any data or all the recovered data is corrupt, we’ll refund your money minus a $100 labor fee (note: this is a rare outcome as “some” files are almost always recoverable).

ONCE WE DETERMINE THAT AT LEAST 99% OF YOUR DATA IS RECOVERABLE, or after you approve a partial recovery because less than 99% was recovered, we will start moving your data to the transfer drive you provided or selected to purchase from us. If the transfer drive you provided is too small to hold all your recovered data (which is sometimes larger than the total size of the bad drive), or is defective, you agree to purchase from us the smallest/cheapest drive we have available.

FOR HARD DRIVE RECOVERY ONLY:

IF YOUR HARD DRIVE’S COVER HAS BEEN OPENED (or if the screws securing the cover of your hard drive have been moved): we charge a non-refundable up-front $100 “open cover fee” (per drive) due to the extra time required to diagnose drives when the screws have changed from their factory positions or the cover has been removed. If we successfully recover your data, the $100 open cover fee will be subtracted from the data recovery fee.

IF YOUR HARD DRIVE REQUIRES DONOR PARTS: about 25% of drives we receive have bad heads (these are most often drives that have been dropped and/or are clicking). We always aim to provide our customers the option of an affordable “partial” recovery by disabling the bad head(s) and recovering data using the remaining good heads. Sometimes, the only way to recover any data is by replacing parts inside the drive. In these cases, we will offer you the option of paying for the necessary donor part after we find the best matching donor online. You can also decline our attempt (for no charge, excluding up-front fees) if donor parts are too expensive.

FOR HELIUM-FILLED HARD DRIVE RECOVERY ONLY:

IF YOUR HELIUM-FILLED DRIVE HAS STUCK HEADS OR A BENT SPINDLE, we can try to unstick the heads after removing the drive’s cover. However, we charge a $100 fee to offset the time required to remove a helium drive’s cover and the low likelihood of success for this procedure (less than 20%). This fee is due up-front and is non-refundable but is subtracted from the total cost if the recovery is successful. If you don’t want to pay this fee, you can cancel the recovery for no additional charge and hang onto your drive.

FOR FLASH-BASED DEVICE RECOVERY ONLY (SD CARD, CF/CFAST, USB FLASH DRIVE):

IF WE HAVE TO PERFORM A “CHIP-OFF/MONOLITH” RECOVERY, we charge $300 PER DATA CHIP (and a $100 per chip labor fee if you decline our recovery). If our non-chip-off methods fail, we’ll get your approval before continuing with a “chip-off” recovery. You can read more about our chip-off rates here.

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TRANSFER DRIVE COST

Once your data has been recovered, it will be moved to a “transfer drive.” You can buy a transfer drive from us or provide your own.

Here’s what you need to know if you want to buy a drive from us:

All our transfer drives are brand new, name-brand (usually Seagate, but it could be Hitachi, Toshiba, Samsung, or Western Digital), and backed with at least a one-year manufacturer warranty.

We sell several sizes of external USB 3 drives (these also work on USB 2 computers). Portable drives (powered from your computer using a USB cable) include:
1TB: $75
2TB: $105
4TB: $150

Desktop drives (larger capacity, powered using a power adapter/wall outlet) include:
6TB: $170
8TB: $200
12TB: $300
16TB: $350

Larger drives are available upon request.

Transfer drive prices do not include sales tax (for CA residents only).

Here’s what you need to know if you want to provide your own transfer drive:

1) The drive must be empty. Your transfer drive will be formatted (all your data will be permanently deleted) before we start moving the recovered data.

2) If your transfer drive is too small or defective (i.e., contains bad sectors, un-mounts itself while moving data, etc.), you must purchase a drive from us.

3) The drive must be a USB external hard drive or a bare SATA drive.

4) Transfer drive cannot be a NAS (with an ethernet connection) or a USB flash drive (unless the bad drive is also a flash drive or other small devices, like an SD card).

5) The drive must arrive in the same box as the bad drive (you cannot send in a transfer drive after we receive your bad drive). You must purchase a drive from us if you do not include a transfer drive with your bad drive.

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SHIPPING COST

We charge a flat rate for shipping any single-drive recovery (one bad drive + one transfer drive): $20 within the USA. Shipping to other countries and multi-drive recoveries (e.g., RAIDs or several recoveries in one shipment) will cost extra (the price will be determined based on the actual shipping rate).

“Signature Confirmation” can be added for an additional $5.

If you would like to provide a pre-paid return shipping label (FedEx, UPS, etc.), please request the package weight and dimensions so you can email us a pre-paid copy to attach to your package.

If we cannot recover your data, we only permit sending your device(s) back to your address on file (some exceptions are allowed with prior approval). We may also offer to send your device to another data recovery company if we think there is a possibility another company may be able to help. We will not send your device to any company we have not vetted.

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PAYMENT

At the end of our service, we will send you a money request for payment. We accept cash, credit/debit cards (including American Express), Bitcoin/Ethereum, Apple Pay, Google Pay, and Cash App.

You will have 14 days to pay for your recovery. After 14 days of non-payment, you will incur a $10/week storage fee. After 60 days of non-payment and non-communication, we will recycle your drive (including a transfer drive, if applicable).

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AGREEMENT

When submitting our Mail-In/Drop-Off Form, you agree that under no circumstances shall you be permitted to return to $300 Data Recovery (whether for a cash refund, credit, or exchange) any goods or services provided, including, but not limited to, any transfer hard drive sold to you to accommodate all recovered data.

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A. Estimate/Invoice Services And Materials Delivered By Customer:

As of the date of receipt of this form, Customer will deliver to Cometa Enterprises LLC, DBA “$300 Data Recovery,” (“Company”) the device(s) described (“Device(s)”) for the services of data recovery, pursuant to all terms and conditions set forth below.

B. Terms And Conditions Specifically For Data Recovery Services:

Regarding the recovery of data from Customer’s damaged device(s):

1. Customer authorizes Company to perform all necessary work on Customer’s device(s).
2. Customer agrees that Company is not responsible for any damage resulting from servicing Customer’s device(s).
3. Customer agrees that Company may need to open Customer’s device(s) for diagnosis or repair and that Customer’s warranty may be voided.
4. Customer agrees that if Company recovers 99% or more of Customer’s data from a device, Customer will pay previously agreed upon rate for the recovered data from each device together with all state and local taxes.
5. Customer agrees that if Company recovers 0% of Customer’s data from a device, Customer owes nothing (excluding return shipping costs, if applicable).
6. Customer agrees that if Company recovers less than 99% of Customer’s data from a device, Customer may either pay previously agreed upon rate for the recovered data from each device (together with all state and local taxes) or pay a $100 labor fee for no data (not including return shipping costs, if applicable).
7. Customer agrees that if Customer does not provide a transfer drive (which must be a bare SATA or non-NAS External Hard Drive), or if the transfer drive provided by Customer is defective or too small to accommodate all recovered data, Company will automatically charge Customer for, and start moving the data to, the smallest transfer drive which can accommodate all recovered data. Customer agrees that the price for a 500GB transfer drive sold by Company is $65 for each drive and larger drives are more expensive.
8. Customer agrees that if Company recovers Customer’s data, Company will retain a backup of the data for no more than 7 days after the recovery is finished.
9. Customer understands that if Company determines donor parts are required for recovery, Company will notify Customer of donor part costs and will only proceed with recovery if Customer agrees to head swap terms, if applicable, and agrees to pay for donor part.

C. General Terms And Conditions For Data Recovery Services:

1. Payment And Delivery: (a) Customer agrees to pay all applicable sums due and payable immediately before return delivery to Customer of all devices and/or computer/storage equipment previously delivered by Customer to Company. (b) Customer agrees that if Customer does not pay for all labor and parts provided by Company (as set forth herein), and/or if Customer does not (either expressly, as disclosed in writing, or otherwise) take return delivery of all devices and/or computer/storage equipment within 14 days after delivery to Company, Customer will be charged a $10 per week storage fee. (c) Customer agrees that if Customer does not take return delivery of all devices and/or computer equipment within 60 days after delivery to Company, they will become the property of Company. (d) Customer agrees that Customer must pay all sums due by way of cash, credit card, or accepted cryptocurrencies, including Bitcoin (physical checks are not an accepted form of payment).
2. Receipt And Acceptance Of Estimate: California Business &Professions Code § 9844 provides that:“An initial written estimate for the cost of repair shall be given to the customer before performing any repairs. The written estimate shall include all costs for parts and labor, and the service dealer may not charge for work done or parts supplied in excess of the estimate without the previous consent of the customer. The service dealer may charge a reasonable fee for services provided in determining the nature of the malfunction in preparation of a written estimate for repair. The service dealer shall advise the customer in writing of the amount of the fee prior to a repair made in the residence, before removal of the consumer goods from the customer’s residence, or upon acceptance of the goods at the repair facility or registered location.”By submitting our form, Customer agrees that (a) Customer has received from Company, via their website or email/phone communication, the required estimate for data recovery and/or the repair of damaged computer equipment as set forth above, and (b) accepts this estimate and authorizes Company to proceed in accordance with this estimate as set forth herein.

D. Policy Of No Returns For Any Reason:

By signing below, Customer agrees that under no circumstances shall Customer be permitted to return to Company (whether for a cash refund, credit, or exchange) any goods or services provided by Company and charged to Customer under this Agreement, including, but not limited to, any transfer hard drive sold by Company to Customer in order to accommodate all recovered data, as set forth in Section D above.

E. General Terms And Conditions Of Agreement:

1. Severability: Customer agrees that this agreement shall not terminate solely by reason of any of its terms being declared invalid or unenforceable. If any term is or becomes invalid or unenforceable, the remaining terms shall be unimpaired and the invalid or unenforceable term shall be replaced by a term that is valid and enforceable and that comes closest to the intention of the invalid or unenforceable term.
2. Amendments: Customer agrees that no waiver or modification of any of the terms of this agreement shall be valid unless contained in a single writing and signed by Company and Customer. No course of conduct or manner of dealing between the parties shall constitute a waiver of any term of this agreement.
3. Applicable Law: Customer agrees that this Agreement shall be governed by the laws of the State of California.
4. Entire Agreement: Customer agrees that this agreement contains the entire understanding between Company and Customer with respect to the subject matter herein, and there are no representations, warranties, promises or undertakings other than those contained herein.

F. Arbitration Of All Disputes:

By initialing below, Customer agrees that Company and Customer will attempt in good faith to resolve any controversy or claim relating to this agreement promptly by meeting, discussing and negotiation. Any dispute that cannot be resolved by the parties within five (5) business days, shall be submitted to binding arbitration, which arbitration shall be conducted in accordance with the following provisions:

(a) Venue. The arbitration shall be conducted in Los Angeles, California.

(b) Law. The governing law shall be the laws of the State of California.

(c) Selection. The number of arbitrators shall be three (3), unless the parties hereto are able to agree on a single arbitrator. In the absence of such agreement, within ten (10) days after initiating an arbitration proceeding, each party shall select one reputable arbitrator familiar with the computer industry, and those two arbitrators shall then select within ten (10) days a third arbitrator (provided that if such arbitrators are unable to select a third arbitrator in such ten (10) day period, a third arbitrator shall be selected by the Commercial Panel of the American Arbitration Association). The decision in writing of the single arbitrator (or at least two of the three arbitrators, if applicable) shall be final and binding.

(d) Administration. Arbitration shall be administered by the American Arbitration Association. All proceedings will be conducted privately and all documents, testimony, records, and other evidence will be received in confidence.

(e) Rules. The Rules of Arbitration shall be the Commercial Arbitration Rules of the American Arbitration Association, as modified by any other instruments that the parties may agree upon at the time of the arbitration, except that the provisions of the California Code of Civil Procedure § 1283.05 are incorporated into and made applicable to this Agreement to arbitrate, unless the parties agree otherwise at such time. For good cause shown and on order of the arbitrator, depositions may be taken and discovery may be obtained in accordance with § 1283.09 of the California Code of Civil Procedure.

(f) Award. The award rendered by arbitration shall be final and binding upon the parties, and the award may be entered in any court of competent jurisdiction in the United States. The award shall be beyond the power of the arbitrator if the findings of fact are not supported by substantial evidence or the award is based on an error of law. The award shall include written findings of fact, a summary of the evidence and reasons underlying the decision and conclusions of law. As part of the award, the arbitrator may award reasonable and necessary costs actually incurred by the prevailing party, including (1) that party’s share of the arbitrator’s fees, costs and expenses, (2) any administration fees, and (3) reasonable attorneys’ fees. The arbitrator may not award any punitive damages to the prevailing party.

NOTICE: BY INITIALING, SIGNING, AND DATING THE SPACE INDICATED ON THE MAIL-IN/DROP-OFF FORM, THE PARTIES TO THIS AGREEMENT ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THIS AGREEMENT DECIDED BY NEUTRAL ARBITRATION AS PROVIDED UNDER THIS “ARBITRATION” PROVISION AND THE PARTIES ARE GIVING UP ANY RIGHTS THEY MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL, EXCEPT AS OTHERWISE SET FORTH HEREIN. BY INITIALING THE SPACE BELOW THE PARTIES TO THIS AGREEMENT ARE GIVING UP THEIR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THIS “ARBITRATION” PROVISION. IF THE PARTIES TO THIS AGREEMENT REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, THEY MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.

THE PARTIES HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THIS AGREEMENT TO NEUTRAL ARBITRATION, EXCEPT AS OTHERWISE SET FORTH HEREIN.

G. Acceptance Of Estimate/Invoice:

By signing and dating the submission form, Customer agrees to all terms and conditions set forth above.