PDF Document General Terms and Conditions of Service

1. Identification

Laby Aplicaciones Técnicas SL, with registered office at Calle Roger 25 Planta -1 SUB A 08028, Barcelona, registered in the Mercantile Registry of Barcelona in volume 43008 Folio 36, Sheet 417538, with CIF B65724155 hereinafter LABY.

Contact details:

Telephone: 900 525 666

E-mail: info@laby.es

Web: Https://www.laby.es

This website https://www.laby.es and https://www.grupolaby.es are the property of Laby Aplicaciones Técnicas S.L. with CIF B65724155 and fiscal address at ROGER 25 PLANTA -1 SUB A 08028, BARCELONA (BARCELONA), trading under the LABY brand

2. Purpose

These general terms and conditions of service, hereinafter referred to as CGS (General Terms and Conditions of Service), together with the specific conditions that may be established and communicated, are intended to expressly regulate the information and execution of the services and processes for the diagnosis and recovery of data from damaged devices offered by LABY requested by any natural or legal person. of legal age onwards the CLIENT.

These GTS will remain in force and will be valid for as long as they are accessible through the Website/Customer Area, without prejudice to the fact that LABY reserves the right to modify, without prior notice, both the GTS, where applicable the Individuals, as well as any of the legal texts that are set out on the Website/Customer Area. In any case, access to the Website/Customer Area after its modification, inclusion and/or replacement, implies the acceptance of the same by the CLIENT.

3. Acceptance of CGS

The CLIENT must carefully read the CGS for diagnosis and data recovery. By registering in our Customer Area or handing over your device to LABY, you agree to such GTC. If you do not agree with the GTC, you must not use the LABY service.

4. Terms of Service

The following are the terms of service that govern the relationship between the CLIENT and LABY at all stages of the overall data recovery process.

4.1. Customer registration and necessary documentation

In order to start the diagnosis and quotation process, as well as the contracting process for the recovery of data, exposed on the LABY Website/Customer Area , it is essential that THE CLIENT is registered as a user. The registration will be done with the collection of the following data:

Name and surname/Company name
DNI/NIE/CIF
Fiscal Directorate
Pick-up address
Phone number(s)
E-mail/s

Registration can be done by telephone, via email or in person at the offices. Once the process has been completed, the CLIENT will receive the access credentials to the Client Area by email.

Communications, data deliveries or device returns will be made to the person registered in the Customer Area or duly accredited representative of the natural or legal person. In the event that a third party wishes to intervene in the service, the explicit authorisation of the CLIENT will be required. LABY reserves the right to contact the CLIENT to prove such consent by email or through the Client Area.

4.2. Diagnostic service and quotation

The service of diagnosis of damaged devices and data recovery quotation offered by LABY is free of charge (except for requests outside working hours – see point 4.2.1). Once the device arrives at the laboratory, in a maximum of 4 working hours the CLIENT will receive the diagnosis and the eventual estimate if recovery is feasible.

In certain cases, in order to make the correct diagnosis, it will be necessary to handle the damaged device in the clean room. LABY will ask for the CLIENT’s authorisation in writing, by email or intranet. If the CLIENT does not accept the opening in the clean room, the process will be cancelled and the damaged device will subsequently be returned, with the CLIENT assuming the costs derived from transport, if any.

After opening the device, LABY can determine the impossibility of recovery for various reasons. LABY will provide all information relating to the CLIENT via intranet or email.

The CLIENT acknowledges that the support and/or the data contained therein may be damaged prior to receipt by LABY.

LABY will offer the diagnosis and budgets through the internal platform (Intranet) and by email.

The validity of the budget is conditional on:

It is valid from its communication for a period of 30 calendar days as long as the device remains in LABY’s facilities.
The following ceases to be valid:
1. In case the CLIENT does not accept the quote
2. In the event that your return is processed
In case the device leaves the laboratory and returns for data recovery, it will be diagnosed again and a new quote will be made.

LABY can offer three types of budgets that will vary depending on the associated recovery time and their technical feasibility:

Express Recovery
Standard Recovery
Deferred Payment Recovery

Damaged devices sent by our distributors or partners must be previously accepted, so no prior quote will be provided in order to speed up the recovery process in compliance with the SLAs that are in force at the time of shipment of the device.

4.2.1. Rates

The data recovery fees per device are:

Mechanical discs from 250€+VAT to 1490€+VAT
RAIDS from 1190€+VAT
SSD devices from €890+VAT
Flash Memory from 890€+VAT

The acceptance of the quote by the CLIENT will mean the payment of 50% in advance with the virtual POS terminal or by sending the proof of the bank transfer of said amount to info@laby.es together with the acceptance of the quote in writing.

The acceptance of the quote in forensic, expert or other processes by the CLIENT will mean the payment of 100% in advance with the virtual POS terminal or by sending the proof of the bank transfer of this amount to info@laby.es together with the acceptance of the estimate in writing.

In the event of a request for a diagnosis and estimate outside working hours (Monday to Friday from 9:00 a.m. to 7:00 p.m.), the diagnosis and estimate will cost €250 + VAT in advance and without the possibility of refund, regardless of the feasibility or not of data retrieval.

For any express recovery, the technical feasibility of speeding up the process and budgeting to measure the advance of the established times must be assessed.

4.2.2. Custody

Once the diagnosis and budget have been communicated, the CLIENT will have a period of 30 calendar days to respond. If no response is received within the indicated period of 30 days and if it remains in LABY’s facilities, the device will be placed in custody mode. During the 2 months following the period established as waiting for a response, a charge of €100 per month will be made for custody. During this period, an attempt will be made to establish communication with the CLIENT every 15 days via email and telephone call. In the event that during this period of 2 months the CLIENT does not collect the device, LABY will proceed to destroy it.

4.2.3. Limitation of liability for diagnostic service and quotation

The CLIENT authorises LABY to carry out all the necessary operations on the device at any stage of the process. The CLIENT accepts the possibility of loss of all or some of the data contained in the device due to the manipulation maneuvers necessary to achieve the objectives of the request made.

LABY will not be responsible for the loss of warranty of the device due to manipulation of the device for diagnostic work. Any loss of warranty is the sole and exclusive responsibility of the CLIENT.

The CLIENT assumes that the external casing of some devices due to their manufacturing design does not allow it to be opened without deteriorating. In this case, when carrying out the diagnostic/data recovery work, the support cannot be reassembled and all parts of its support will be returned to the CUSTOMER.

4.2.4. Returns

If the CLIENT does not accept the quote or it is irrecoverable, he/she may pick up the support with his/her courier agency or pay the cost of returning it by the LABY courier agency. In order to proceed with its return, it will be necessary for the CUSTOMER to notify 24 calendar hours in advance, either by email or through the Customer Area in order to prepare the device for collection.

4.3. Budget Acceptance

The acceptance of the quote must be made through the intranet or in writing (signing and acceptance of the quote at the facilities or by email) prior to the start of activities related to data recovery.

Acceptance of the quote implies a payment of the advance of 50% or 100% in the other modalities described above. The payment will be made using the payment methods offered (cash, bank transfer or payment by POS).

If a bank transfer is made, it will be necessary to send the receipt to info@laby.es indicating in the concept the OT (Work Order) number or budget number. Failure to send the receipt may delay the start of the recovery processes until bank confirmation.

The acceptance of the quote will be reflected on the intranet by changing the status within its user area.

If the CLIENT does not accept the quote or is irrecoverable, he/she may withdraw the support by his/her own means or pay the cost of the courier (round trip).

4.4. Data Recovery

If, due to the nature of the files, LABY is unable to verify their integrity once recovered (e.g., unusual file formats or specific software that LABY does not possess), the CLIENT agrees that LABY will not be responsible for any subsequent actions that the CLIENT needs to take on such files for the use of the files.

The CLIENT may only cancel the accepted quote if LABY fails to comply with the service agreements established in these GTC or those agreed directly between the parties.

LABY will offer the possibility of remote control using external commercial software for the visualization of the recovered information whenever it is not possible to recover 100% of the data. Any partial recovery of more than 90% of the data will be considered for all purposes as a total recovery.

During the remote control and after the CIENTE has viewed the recovered information, it may continue with the recovery process or cancel it with the exception of forensic, expert or other analysis.

In the event of acceptance after verification by remote control and viewing by the CLIENT of the content, LABY is authorized to continue with the recovery process, exempting LABY from possible damaged files once the device with the information dumped has been delivered as long as they have not been displayed correctly during the remote control.

In the event of cancellation, under no circumstances will the recovered information be delivered and the recovered data will be immediately destroyed and the device will be returned to the CLIENT. In case of return refusal, the device will be destroyed.

If the customer declines to carry out the remote control or ignores the communications (any) to carry out the remote control, after an established period of 1 month as a wait, a charge of € 100 per month will be made for custody. During this period, an attempt will be made to establish communication with the CLIENT every 15 days via email and telephone call. In the event that during this period of 4 months the CLIENT does not carry out the remote control, it will be understood that the client disregards their device and the advance payment will be invoiced. In addition, the device will be destroyed, as well as the information recovered without the possibility of any claim.

Average recovery times:

Express recovery takes between 24 and 48 working hours (subject to technical availability).
Standard recovery takes between five and seven working days (subject to technical availability and conditions of the type of device to be recovered)
The average recovery time for a mechanical hard drive and SSD is between five and seven business days.
The average recovery time for a flash device is between five and twenty business days.
The average recovery time for a RAID device is between five and ten business days.
All these average times are merely indicative. LABY will report on progress related to the process through LABY’s intranet and email.

4.5. Data dump

Once the information has been recovered, LABY will proceed to dump the recovered data into a device provided by the CLIENT or, failing that, a device offered by LABY whose capacity is equivalent to or greater than that of the information retrieved. This device offered by LABY will be made through an additional budget to the data recovery budget.

In the event that the CLIENT rejects the additional quote and decides to provide another tipping device by their own means, LABY will pass on the transport costs, if any, on the final invoice.

LABY will not be responsible in any case for the information contained in the support provided by the CLIENT for the data dump, so it will be the responsibility of the CLIENT to have a backup copy of the data contained therein, if any.

The average dump time is 48 working hours conditioned by factors external to LABY such as the state of the device where the information is dumped, type of format or volume and type of information retrieved.

In any case, LABY will not be responsible for possible delays in the dump caused by factors external to LABY described in the previous paragraph.

If the CLIENT provides a defective or invalid dump device, LABY will communicate with the CLIENT by email, call or intranet, with the intention of expediting the dump process. It will always be the responsibility of the CLIENT to make the decision of the device to be used for dumping and consequently will be responsible for it.

4.6. Payment and closing

All products indicate the sale price in Euros and do not include Value Added Tax (VAT). If any other tax were applicable, it would be indicated (IGIC or IPSI).

LABY offers several payment methods such as virtual POS, physical POS, bank transfer and cash (as long as it does not exceed what is established in current regulations).

VISA or MASTERCARD credit card

All operations involving the transmission of personal or banking data are carried out using a secure environment, a server based on standard SSL (Secure Sockets Layer) security technology. All the information you transmit to us is encrypted through the network. Likewise, the data about your credit card is entered directly on the bank’s website, in the POS (Point of Sale Terminal of the Bank) and is not entered or registered on any server of Laby Aplicaciones Técnicas S.L.. When paying by VISA or MASTERCARD, you will always be asked for the following information: the card number, the expiry date, and a Validation Code that matches the last three digits of the number printed in italics on the back of your VISA or MASTERCARD, thus offering more guarantees about the security of the transaction. This form of payment is valid only on the website.

When the amount of a purchase has been fraudulently or improperly charged using a payment card number, the holder may demand the immediate cancellation of the charge. In this case, the corresponding debit and repayment entries in the accounts of the supplier and the holder shall be made as soon as possible. However, if the purchase has actually been made by the cardholder and the demand for a refund is not the result of having exercised the right of withdrawal or termination and, therefore, has unduly demanded the cancellation of the corresponding charge, the cardholder will be obliged to Laby Aplicaciones Técnicas S.L. to compensate for the damages caused as a result of said cancellation.

Bank Transfer

When you select the bank transfer you will receive, together with the confirmation of your order, an e-mail with the bank details of Laby Aplicaciones Técnicas S.L.. It is very important that when making the transfer you indicate in the subject the order number, as well as your name and surname, and make the transfer within 2 days after the date of confirmation of the order in order to validate it. If you wish, you can send us the proof of the transfer by e-mail INFO@LABY.ES . But, in any case, the order will not be considered effective until our administration department has bank confirmation of the transfer. We remind you that the payment must be made in EUROS and that all possible exchange and bank fees are at your expense. In the case of bank transfers made from outside Spain, it is very important that when ordering the transfer you always inform your bank that you will be responsible for the commissions at source, those bank commissions and expenses corresponding to your entity. If this is not the case, Laby Aplicaciones Técnicas S.L. could stop the shipment of your order by not receiving the full amount of it. Any exchange and bank fees are borne by the customer.

The delivery of recovered data to the CLIENT is subject to the payment of the proforma invoice with the remaining amount of the budget (and additional budgets that arise). Without such payment, the recovered data will not be delivered to the CLIENT unless expressly agreed between LABY and CLIENT.

Recovery with deferred payment covers a period of three months from the acceptance of the budget. This modality allows you to make the payment in instalments over a period of three months (the current month of the budget acceptance plus two additional months):

The first payment will be made on the 1st of the month following the acceptance of the quote.
The second and third payments will be made on the 1st of the corresponding month.
LABY will not pass on any type of commission associated with this modality.
LABY will pass on a concept of custody of the device within the laboratory of €10 per month, with a total of €20 to be added to payments.
LABY undertakes to refund the amount initially paid as an advance and/or fees accrued for the deferred payment when the recovery results are not favourable. Any other amounts paid for spare parts or other procedures will not be refundable. If the CLIENT so requests, the device will be returned, and the costs associated with courier services will be paid, if any.

In any type of recovery, payments made for spare parts or other procedures will not be refundable.

The CLIENT will have a period of 30 calendar days to remove the device with the data dump. If it is not removed within the indicated period of 30 days and remains in the LABY facilities, the device will be in custody mode. During the 2 months after the established period, a charge of €10 per month will be made for custody. During this period, an attempt will be made to establish communication with the CLIENT every 15 days via email and telephone call. In the event that during this period of 2 months the CLIENT does not collect the device, LABY will proceed to destroy it.

4.7. Inputs and outputs of Laboratory devices

LABY offers the CUSTOMER the possibility of delivering and picking up devices from our facilities personally or with a courier agency. If the CLIENT so requests, LABY can process courier services within the Iberian Peninsula and the Balearic Islands. Due to device conditions or geographical location, LABY has the right not to offer messaging services.

Outside this context (Canary Islands or European Union) they may generate additional expenses (such as duties, taxes, bank transfer fees for banks, etc.), which will be borne by the customer.

4.7.1. Device entries with courier agency

The delivery of a device of any kind by courier agency to LABY’s facilities by a CUSTOMER is subject to being registered in the Customer Area. The CLIENT will indicate in advance via email, telephone or chat in the Customer Area the agency that will make the shipment, the day and number of the tracking. In the event that LABY processes the service, it will be necessary to indicate all the necessary data to make a collection: Complete address, the day and time, these being between Monday and Friday working days from 9 am to 8 pm and with a margin of between 3 and 5 hours.

If the courier cannot travel to the CLIENT’s premises at the agreed time, a next attempt will be made on the next working day in the same time slot. Sending the device by contracting courier implies acceptance of the GTC.

4.7.2. Device outputs with courier agency

The collection of a device at LABY’s facilities by courier agency must be indicated by the CLIENT 24 hours in advance via email or chat in the Customer Area. It will be necessary to indicate the agency that will carry out the collection, the day and time.

If the shipment is processed by LABY, the CLIENT must indicate the address via email or chat Customer Area if it differs from the one initially provided.

In the event that LABY processes the return of a device due to a rejected quote or irrecoverable case, the shipping costs corresponding to the initial collection and return will be charged between €10 and €20 depending on the mileage and the final number of shipments processed and between €20 and €40 if the destination is the Balearic Islands.

The payment indicated in the previous paragraph can be made to the courier or directly to LABY.

The return of the device by contracting courier implies acceptance of the GTC.

4.7.3. Limitation of liability for the transport service

LABY is not responsible for the protective packaging and packaging of the devices made by the CLIENT for shipment by courier agency.

LABY is not responsible for any damage, deterioration or loss of devices sent by courier either by a transport agency chosen by the CLIENT or by LABY. In the event of damage, deterioration or loss of the package during transport, the compensation will be those stipulated by the insurance of the courier company (LOT) itself responsible for the damage, deterioration or loss.

If the CUSTOMER wishes to take out additional insurance for transport, the CUSTOMER must notify LABY before sending their device.

5. Terms and conditions

The start of contracting with LABY will be established at the time of acceptance of the quote by email or signature through the LABY intranet, as well as the initial payment of 50% through the accepted means or 100% of the initial payment in cases of forensic, expert or other analysis.

The start of contracting will imply the acceptance of the GTS in its entirety, not being able to omit or omit any of the established points.

6. General and Limitation of Liability

In general, this chapter includes the limitation of responsibilities already included in previous chapters and others that are particularly applicable to the CGS.

6.1. Limitation of General Liability

LABY accepts no liability for physical or other damage, corruption or destruction of CLIENT’s media and data or any other media, or the invalidation of any warranty with respect to CLIENT’s media or other media, where such damage, destruction, corruption or invalidation arises from the provision of the services pursuant to these GTC.

Subject to the provisions of this clause, LABY’s total liability to the CLIENT, whether for breach of contract or breach of statutory law (including negligence) or otherwise, arising under or in connection with the contract shall be limited to cases of breach of confidentiality, data protection or intellectual property, the greater of €3,000 (three thousand euros) or the value of the amount payable by contract; or in any other case, the value of the amount payable by contract.

Neither party shall be liable to the other, whether in contract, tort (including negligence), for breach of statutory duty or otherwise, arising under or in connection with this contract, for any indirect or consequential loss, pecuniary loss, loss of data, loss of or damage in transit, business interruption, loss of profits, or loss of sales or business, or the procurement of substitute goods or services or the cost thereof, even if the other party has been advised of the possibility of such damages.

In the event of discrepancies regarding the information retrieved, LABY will propose the recovery by a third party appointed by LABY. The budget will be the responsibility of the CLIENT. If the CLIENT accepts the quote and the recovery work is successful, LABY will pay in full the amount of the recovery made by the third party and will deliver the recovered information to the CLIENT. In the event that the third party is unable to retrieve the information requested by the CLIENT and gives LABY the reason, the CLIENT must pay the full amount to the third party. Transport, parts or other costs will always be attributable to the CLIENT.

6.2. Other Limitations of Liability

LABY does not guarantee the absence of viruses or other elements that could cause damage to computer systems, electronic documents or user files on this website or on third-party websites, and is therefore not responsible for any damage that may be caused by these causes.

LABY is also not responsible for the content of the websites to which it links outside its page, nor can it guarantee the availability and correct functioning of links to other websites.

LABY is also not responsible for any failures or breakdowns occurring in CLIENT’s equipment or in CLIENT’s facilities. The current warranty (if applicable for the device) will apply if it has been provided by LABY. In no case may the CLIENT claim damages from LABY for any failure of any kind.

7. Warranty and Returns

This chapter and in general terms includes the aspects related to guarantees and refunds already included in previous chapters and others that are particularly applicable to the CGS.

7.1. Service Warranty Period

LABY recommends, as a security measure, that once the new medium with the recovered data has been received, the CLIENT makes a backup copy of the same before proceeding with its manipulation. The CLIENT will have a period of 15 calendar days, counting from the receipt of said support, to review the recovered data. If the CLIENT does not express disagreement during this period, it is understood that the service performed is accepted and LABY will terminate its work; no claims will be admitted after the indicated period.

In addition, LABY will keep a copy of the recovered data on its servers for FIFTEEN (15) calendar days. If it is not possible to keep a copy, the original device will be kept for 15 days, unless the CUSTOMER requests that it be sent to them before that period.

In the event that the dump is carried out by FTP download or other proprietary means, LABY will keep the information on the FTP servers for 15 days from the date of sending the email with the access data for the download. After this period, LABY will proceed to delete the data from its computer systems.

7.2. Archiving and/or return period

In the event of non-acceptance of the quote, lack of written response from the CLIENT or infeasibility of recovering the data from the device, the CLIENT will have a maximum of SIXTY (60) calendar days from the date of issuance of the diagnosis for the removal of the device. After this period, LABY will ensure the safe destruction of the device together with the casings, devices and accessories that accompanied the originally damaged device, making it totally impossible to claim it.

LABY will keep for FIFTEEN (15) calendar days, once the recovered device with the CLIENT data has been delivered, the cases, devices and accessories that accompanied the originally damaged device. If the CLIENT does not explicitly claim the return, the device will be destroyed after FIFTEEN (15) calendar days, making it totally impossible to claim it.

7.3. Payments

LABY will proceed to refund the initial advance of 50% in the event that the data cannot finally be recovered, using the same means of initial payment (physical or virtual POS, bank transfer or cash). In forensic, expert or other analysis, the initial amount will not be refunded.

Payments made at the beginning of the work if the acquisition of spare parts or other procedures is necessary, will not be refundable.

LABY undertakes to refund the amount initially paid as an advance and/or fees accrued for the deferred payment when the recovery results are not favourable. Any other amounts paid for spare parts or other procedures will not be refundable. If the CLIENT so requests, the device will be returned, and the costs associated with courier services will be paid, if any.

The customer will receive a digital invoice by email, and can request the paper duplicate.

7.4 Product Warranty

All products offered on the website are guaranteed by the supplier’s commercial guarantee. The warranty will be processed through the supplier or manufacturer itself and not through LABY

7.5 Right of withdrawal and refunds.

The CUSTOMER will have a period of one calendar day to withdraw, from the day the customer contracts the product, without any penalty and without indicating the reasons. The exercise of the right of withdrawal must be made by notification by telephone to 900525666, by sending the email INFO@LABY.ES , sending your letter to our postal address ROGER 25 PLANTA -1 SUB A 08028, , BARCELONA (BARCELONA), In accordance with the provisions of Article 103 of Law 3/2014, of 27 March, which modifies the revised text of the General Law for the Defence of Consumers and Users, Supplies of services or goods made in accordance with consumer specifications or clearly personalised, or which, by their nature, cannot be returned or may deteriorate or expire quickly, are exempt from withdrawal.

The return

The customer must return or deliver the product directly to Laby Aplicaciones Técnicas S.L., at the address ROGER 25 PLANTA -1 SUB A 08028, , BARCELONA (BARCELONA), without any undue delay, and in any case within a maximum period of two calendar days from the date on which the right of withdrawal from the contract is formalised. The deadline will be understood to have been fulfilled if the customer returns the product before the end of the period. The customer will be responsible for the costs of returning the product. In any case, the products to be returned must be in perfect condition, unused and in their original packaging. Therefore, in order to avoid problems in transport, please ensure that the package is properly protected and sealed. Once received, we will check their status. As soon as we check that both the item(s) and any components, accessories, promotional gifts and documentation are complete and in perfect condition, we will proceed to refund the money paid.

8. Confidentiality and data protection

LABY acts as the Data Processor of the CLIENT’s personal data in accordance with the provisions of Regulation (EU) 2016/679 of 27 April (GDPR) and Organic Law 3/2018 of 5 December (LOPDGDD). Such processing will be carried out exclusively for the performance of the data recovery contract. The data relating to identification and invoicing will be kept until at least the minimum time set by law. The data recovered will only be kept until the execution of the contract, and will be destroyed once it has ended, complying with the guarantee schedules set out in the GTS. No data is communicated to third parties or other actions that may violate the confidentiality of the CLIENT in accordance with current law. The CLIENT has the right to withdraw consent to process the data at any time and, if they exercise this right, the contract must be terminated under the terms set out therein, since the processing of data is essential for the execution of the same.

You can consult our Privacy Policy on our website https://www.laby.es for more information about data processing or for any queries you can write to us at info@laby.e.s.

9. Applicable legislation

The parties expressly agree that these GTC shall be governed by and construed, in all terms and conditions, in accordance with the laws in force in Spain.

The parties expressly submit, for any questions or divergences that may arise due to the interpretation, compliance and execution of this contract, to the jurisdiction and competence of the Courts and Tribunals of the city of Barcelona.