1. Scope and Acceptance

These Terms of Service ("Terms") govern your use of the diagnostics, electronics repair (including Logic Board repair), and data recovery services provided by KW Data Recovery ("we", "us"). By submitting a device, approving a quote, or paying for any service, you ("you", the customer) agree to these Terms. Use of our services is also subject to our Privacy Policy.

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2. Diagnostics and Authorization

• Authorization: You authorize KW Data Recovery to perform diagnostics and repairs on your device to determine failures and implement solutions.

• Ownership: You represent that you are the sole owner of the device/data or have authorized permission to submit it. You agree to indemnify us against any third-party ownership claims.

• Physical Disassembly: Diagnostics and repairs (especially board-level work) require physical disassembly and heat application, which may result in cosmetic changes, broken factory seals, or the voiding of manufacturer warranties.

 

3. Service Outcomes and Attempt Fees​

• Repair & Recovery Risks: You acknowledge that electronics repair and data recovery are "best-effort" services. Due to the nature of complex circuitry and failing media, we cannot guarantee a specific outcome.

• Non-Refundable Attempt Fees: A non-refundable Attempt Fee applies to any service where specialized labor, consumables, or donor parts are used. This fee is billable regardless of the final outcome of the repair or recovery attempt.

• Prior Repair Attempts (PMW): Devices that have been previously opened or subjected to repair attempts by the customer or another shop (Previously Messed With) are subject to a mandatory specialty attempt fee. These devices often contain hidden damage that significantly increases the complexity and risk of the repair.

• The "No-Fix" Condition: In some cases, a device may be deemed "beyond economical repair." In such instances, diagnostic or attempt fees remain billable as outlined in your specific quote or agreement.

• Partial Success: If a repair is successful but data is unrecoverable (or vice versa), the completed portion of the service remains billable in full.

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4. Payment, Shipping, and Abandonment​

• Non-Payment: We retain a security interest in your device. We may hold the device until all outstanding invoices, including any chargeback fees, are paid in full.

• Shipping Risk: Risk of loss or damage transfers to the shipping carrier upon handoff from our facility. Insurance is the responsibility of the customer.

• Abandoned Devices: Devices not collected or shipped back within 90 days of our final notice will be considered abandoned and may be destroyed or recycled.

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5. Risk, Liability, and Indemnification

• Total Failure Risk: You acknowledge that devices submitted for repair (especially those with liquid damage or board-level failures) are in a fragile state. Recovery or repair attempts may cause the device to become completely non-functional.

• Limitation of Liability: To the maximum extent permitted by law, KW Data Recovery’s total aggregate liability for any claim is limited to the total amount you actually paid to us for the specific service in question.

• Data Backup Responsibility: Unless specifically hired for Data Recovery, it is the customer's sole responsibility to back up data before repair. We are not liable for data loss occurring during the repair process.

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6. Repair Warranty

• Limited Warranty: We offer a 90-day limited warranty on specific hardware repairs and parts replaced by us. This warranty covers defects in the parts installed or our workmanship.

• Exclusions: This warranty does not cover:

  • New physical damage or liquid contact after the repair.

  • Issues unrelated to the original repair.

  • Devices that had prior liquid damage (which are inherently unstable).

  • Software issues or data loss.

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7. Confidentiality and Content

• Confidentiality: We maintain the confidentiality of your data and will not disclose it to third parties except as required by law.

• Legal Compliance: We comply with all Ontario and Canadian Federal laws. If we encounter material we are legally mandated to report during our efforts, we will cooperate fully with the appropriate authorities.

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8. Expedited Services and Fees

• Recovery Services: A 50% expedited fee is added to the base service price.

• Repair/Other Services: A 100% expedited fee is added to the base service price.

• All fees are subject to applicable taxes (HST).

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9. Turnaround Time Estimates

• Expedited Service: 1–2 days approximate turnaround (subject to parts availability).

• Standard Service: 14-day maximum turnaround time estimate.

• Disclaimer: All turnaround times are estimates and not guaranteed.

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10. Dispute Resolution and Binding Arbitration

• Mandatory Initial Contact: Any concern must first be raised through our website contact form. You agree to give us at least 14 days to investigate and attempt to remedy the issue in-house.

• Binding Arbitration: Any dispute arising out of our services will be resolved exclusively by binding individual arbitration in Ontario, Canada. You waive any right to participate in a class-action lawsuit.

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11. Governing Law and General Provisions

• Governing Law: These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada.

• Severability: If any provision is found invalid, it will be limited to the minimum extent necessary; the rest remains in full force.

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12. Contact Us

KW Data Recovery Expert Logic Board Repair in Kitchener/Waterloo Phone: 226-702-0555

Email: info@kwdatarecovery.ca

Location: Kitchener/Waterloo, Ontario