Terms Of Service

1. Nature of the Service 

The Client acknowledges that data recovery services are specialised technical services provided on a best-effort basis only.
No guarantee, warranty, or assurance—whether express or implied—is given that any data will be recoverable, complete, intact, accessible, or usable.

This disclosure is made in compliance with Section 48 and Section 49 of the Consumer Protection Act, 68 of 2008 (“CPA”).

2. Inherent Risk & Client Acknowledgement

The Client expressly acknowledges that:

Data recovery involves inherent and unavoidable risks

The recovery process may result in partial recovery, further data degradation, or permanent data loss

The device itself may suffer further failure due to its pre-existing condition

By proceeding, the Client accepts these risks voluntarily and knowingly.

3. Limitation and Exclusion of Liability

To the maximum extent permitted by South African law, Recovatek Data Recovery shall not be liable for any indirect, incidental, special, or consequential loss, including but not limited to:

Loss of data
Loss of revenue or profits
Business interruption
Loss of use
Reputational harm
Third-party claims arising from the data or device

Nothing in these Terms excludes liability for gross negligence, wilful misconduct, or fraud, as prohibited under the CPA.

4. Liability Cap 

If Recovatek Data Recovery is found liable by a competent court notwithstanding the above exclusions, the Company’s total aggregate liability shall be strictly limited to the amount actually paid by the Client for the specific service giving rise to the claim.

Under no circumstances shall Recovatek Data Recovery be liable for anticipated or speculative losses.

5. Pre-Existing Damage & Prior Interference

Recovatek Data Recovery accepts no liability for:

Pre-existing damage
Normal wear and tear
Electrical, mechanical, liquid, fire, or impact damage
Firmware corruption
Prior recovery attempts or third-party intervention

The Client acknowledges that many devices presented for recovery are already in a failed or unstable condition.

6. Payment, Retention & Right of Lien

All devices and recovered data remain subject to a contractual and common-law lien until all outstanding amounts are paid in full.

Recovatek Data Recovery reserves the right to retain devices and/or recovered data pending settlement of all fees.

7. Data Ownership, Authority & Indemnity

The Client warrants that they are the lawful owner of the device and data or are authorised by the lawful owner to request data recovery.

The Client agrees to indemnify and hold harmless Recovatek Data Recovery against any claims, losses, damages, legal costs, or third-party actions arising from:

Ownership disputes
Unauthorised access
Use or reliance on recovered data

8. POPIA Compliance & Data Handling

Recovatek Data Recovery will process any personal information in accordance with the Protection of Personal Information Act, 4 of 2013 (“POPIA”) and solely for the purpose of providing the requested service.

Recovered data is handled confidentially and may be securely deleted after a reasonable retention period unless otherwise agreed in writing.

9. Governing Law & Jurisdiction

These Terms and Conditions are governed by the laws of the Republic of South Africa.
The Client consents to the jurisdiction of the Magistrates’ Court or High Court of South Africa, at the election of Recovatek Data Recovery.

Privacy Policy

Recovatek Data Recovery (“we”, “us”, “our”) is committed to protecting the privacy and personal information of our clients in accordance with the Protection of Personal Information Act, 4 of 2013 (“POPIA”) and applicable South African law.

This Privacy Policy explains how we collect, use, store, and protect personal information.

1. Information We Collect

We may collect and process the following personal information:

Full name and surname

Contact details (email address, telephone number, physical address)

Company details (where applicable)

Billing and payment information

Device information (make, model, serial numbers, failure details)

Communications relating to your enquiry or service request

We do not intentionally collect sensitive personal information unless required for the provision of our services.

2. Purpose of Collection

Personal information is collected solely for the purposes of:

Providing data recovery, diagnostic, and related technical services

Communicating with clients regarding services, quotations, and progress updates

Billing, invoicing, and payment processing

Legal, regulatory, and contractual compliance

Internal record keeping and service improvement

We will not process personal information for any purpose incompatible with the above.

3. Data Contained on Devices

Recovatek Data Recovery does not claim ownership of any data contained on client devices.

Access to data during recovery is incidental and unavoidable to the technical process. We do not review, copy, disclose, or use recovered data for any purpose other than completing the requested service, unless legally required to do so.

4. Confidentiality & Security Measures

We take reasonable technical and organisational measures to safeguard personal information and recovered data against:

Unauthorised access

Loss, damage, or destruction

Unlawful processing

Access to client information and recovered data is restricted to authorised personnel only.

5. Retention of Information

Personal information and recovered data will be retained only for as long as:

Required to fulfil the service

Necessary for legal, accounting, or regulatory purposes

Reasonably required for operational records

Recovered data may be securely deleted after a reasonable retention period unless otherwise agreed in writing.

6. Disclosure of Information

We do not sell, rent, or trade personal information.

Personal information may only be disclosed:

With the client’s consent

To service providers assisting in the recovery process under confidentiality obligations

Where required by law, court order, or regulatory authority

7. Client Rights 

In terms of POPIA, clients have the right to:

Request access to their personal information

Request correction or deletion of inaccurate or unlawfully held information

Object to the processing of their personal information, subject to legal limitations

Requests may be made in writing to the contact details below.

8. Accuracy of Information

Clients are responsible for ensuring that all personal information provided is accurate, complete, and up to date. We are not responsible for errors resulting from inaccurate information supplied by the client.

9. Cookies & Website Usage

Our website may use cookies or similar technologies to enhance functionality and user experience. Cookies do not collect personal information unless voluntarily provided by the user.

Users may disable cookies in their browser settings if they wish.

10. Third-Party Links

Our website may contain links to third-party websites. Recovatek Data Recovery is not responsible for the privacy practices or content of such websites.

11. Changes to This Policy

We reserve the right to amend this Privacy Policy at any time. Updates will be published on our website and become effective upon posting.

Continued use of our services constitutes acceptance of the updated Privacy Policy.

12. Contact Information

For any privacy-related enquiries or requests, please contact:

Recovatek Data Recovery
Email: info@recovatek.co.za
Phone: 083 681 9918