General Terms and Conditions of Service
Laby Applications Técnicas SL, with tax address at Lepant Street 230, 08013, Barcelona,
Registered in Barcelona Mercantile Register at 43008 Folio 36, Full 417538 , with CIF
B65724155 henceforth LABY.
Telephone: 900 525 666
This website https://www.laby.esand https://www.grupolaby.es are owned by Laby Technical Applications S.L. with CIF B65724155i fiscal address at LEPANT 230 LOCAL, 08013 , BARCELONA (BARCELONA), acting commercially under LABY.
The present general terms of service forward CGS (General Terms of Service), together with the particular conditions that may be established and communicated, are intended to expressly regulate the information and execution of the services and processes of diagnosing and retrieving data on damaged devices offered by LABY requested by any natural or legal person, older in future the client.
These CGS will remain in force and will be valid for as long as they are accessible through the Website/Personal Area, without prejudice to LABY’s reserve the right to modify, without prior notice, both the CGS, if applicable, as well as any of the legal texts found on the Website/Personal Area. In any case, access to the Website/Patient Area after modification, inclusion and/or replacement, implies acceptance by the client.
- CGS Acceptance
The client will have to carefully read the diagnostic and data recovery CGSs. By registering in our Customer Area or delivering the device to LABY, you accept these CGS. If you don’t agree with the CGS, you should not use the LABY service.
- Terms of Service
The following are specified the terms of service that govern the relationship between the customer and LABY in all phases of the global data recovery process.
4.1. Customer registration and required documentation
To enable the diagnostic and budgeting process to start, as well as recruitment for data recovery, as set out in the LABY website/customer area, it is essential that the client be registered as a user. The register will be made with the following data:
. First and Last Name/Social Map
. Taxation Directorate
. Collection Management
. Phone Numbers
4.2. Diagnostic and Budget Service
The diagnostic service for damaged devices and data recovery budget offered by LABY is free (except for off-time applications – see item 4.2. 1. Once the device reaches the laboratory, a maximum of 4h working the customer will receive the diagnosis and the eventual budget if the recovery is feasible.
In certain cases, correct diagnosis will require manipulation of the damaged device in the clean room. LABY will request the authorization of the customer in writing, via email or intranet. If the customer does not accept the opening in a clean room, the process and subsequent return of the damaged device will be canceled, and the customer will take the costs of transport if any.
After the opening of the LABY device it can determine the impossibility of recovery for several reasons. LABY will provide all information regarding the customer via intranet or email. The client recognizes that the support and/or data contained in it may be damaged before receiving it by LABY.
LABY will offer diagnostics and budgets via the Intranet and via email.
Budget validity is conditional on:
1. It has been in force since communication for a period of 30 calendar days as long as the device remains at LABY’s facility.
2. Stop being in effect:
a. In case the customer does not accept the budget
b. If refund is processed
3. If the device leaves the laboratory and returns for data retrieval, it will be diagnosed again and a new budget will be made.
LABY can offer three budget modalities that vary depending on the time
lagt;associated recovery and technical feasibility:
1. Express Recovery
2. Standard Recovery
3. Pay Later Recovery
Data recovery rates per device are:
‘ mechanical disks from 450’+VAT to 1490’+IVA
‘ Flash memory from 890’+VAT
The customer’s acceptance of the budget will mean payment of 30% in advance with the virtual POS or by sending the bank transfer adjustment of this amount to info.laby.es along with the acceptance of the written budget.
In the event of a request for a diagnosis and off-time budget ( Monday to Friday from 9:00 to 19:00) the diagnosis and budget will have a cost of 250250+VAT in advance and without the possibility of return regardless of the feasibility or otherwise of the data recovery.
For any express recovery, the technical feasibility of speeding up the process and budgeting the advance of the established times in size must be assessed.
Once the diagnosis and budget are communicated, the customer will have a 30 calendar days to respond. If you do not receive a reply within the specified 30-day deadline and remain at LABY facilities, the device will be in custody mode. During the 2 months following the period established to wait for a reply, 10 per per month will be held in custody. During this period, attempts will be made to establish communication with the customer every 15 days via email and telephone call. In case the customer does not collect the device during this 2-month period, LABY will proceed to its destruction.
18.104.22.168. Limitation of responsibility for the diagnostic and budget service
The CLIENT authorizes LABY to perform all necessary operations on the device
at any stage of the process. The customer accepts the possibility of losing all or
Some of the data contained in the device due to the manipulation maneuvers necessary to achieve the objectives of the application made.
LABY will not be responsible for the loss of warranty of the device for handling it for diagnostic work. Any loss of guarantee is the sole and exclusive responsibility of the customer.
The customer assumes that the external casing of some devices for their fabrication design does not allow it to be opened without deteriorating. In this case, when performing diagnostic/data retrieval work, the support cannot be assembled again and the customer will be returned all the pieces of his support.
If the customer does not accept the budget or is irrecoverable, he or she will be able to withdraw support with his or her messaging agency or pay the cost of the return of the messaging agency to LABY. In order to return, it will be necessary for the customer to give notice in advance of 24 calendar hours either by email or through the Customer Area in order to prepare the device for collection.
4.3. Budget acceptance
The acceptance of the budget will have to be carried out by means of the intranet or in writing (signature and acceptance of the budget in the installations or by e-mail) prior to the acceptance of the budget implies a payment of the advance of 30% of the budget. The payment will be made using the payment modalities offered (cash, bank transfer or payment per TPV).
If a bank transfer is carried out, it will be necessary to send the proof to info.laby.esindicating in concept the OT number (Command of Work) or budget number. Failure to send proof may delay the start of recovery processes until bank confirmation.
Budget acceptance will be reflected in the intranet by the status change within its user area.
If the customer does not accept the budget or is irretrievable, he or she will be able to withdraw support by his means or pay the cost of messaging (go back and forth).
4.4. Data recovery
If due to the nature of the files, LABY could not verify their integrity after they have been recovered (for example, unusual file formats or specific software LABY does not own), the CLIENT accepts that LABY will not be responsible for the subsequent actions that the client needs to perform on these files for their use.
The customer will only be able to cancel the accepted budget if LABY complies with the service agreements established in the present CGS or those directly agreed between the parties. LABY will offer the possibility to perform remote control via commercial external software for the display of retrieved information whenever it is not possible to recover 100% of the data. Any partial recovery of more than 90% of the data will generally be considered as a total recovery.
During remote control and after the hundred view of the retrieved information, the information can continue with the recovery process or cancel it.
In case acceptance after remote control check and customer view of the content, LABY is authorized to continue with the recovery process, exempting LABY from possible damaged files once the device has been delivered with dumped information as long as they have not been properly viewed during remote control.
In the event of cancellation, the recovered information will not be delivered at all and the immediate destruction of the recovered data will proceed and the device will be returned to the customer. In case of refusal of return, the device will be destroyed.
Average recovery time:
. Express recovery comprises a time between 24h and 48h working (subject to technical availability).
. Standard Recovery comprises a time between five and seven days working (subject to technical availability and device type conditions to recover)
. The average recovery time for a mechanical hard drive and SSD is between five and seven working days.
. The average recovery time for a flash device is between five and twenty working days.
. The average recovery time for a RAID device is between five and ten working days.
. All these average times are merely indicative. LABY will report progress related to the process through LABY’s intranet and email.
4.5. Data dump
When retrieving information, LABY will proceed to the dump of the data retrieved on a device provided by the client or if there is no device offered by LABY whose capacity is equivalent or greater than that of the retrieved information. This device offered by LABY will be made by additional budgeting to the data recovery.
If the customer rejects the additional budget and decides to provide another dump device by his own means, LABY will pass on the transport costs, if he had them on to the final bill. , so it will be the responsibility of the client to have a backup of the data contained if any. The average dump time is 48 hours of work conditioned to factors outside 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 dump delays produced by LABY external factors described in the previous paragraph.
If the customer provides a bad or invalid dump device, LABY will communicate with the customer via mail, call or intranet, with the intention of speeding up the dumping process. It will always be the responsibility of the customer to decide on the device to be used for dumping and consequently to be responsible for it.
4.6. Payment and close
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 various payment modalities such as virtual POS, physical POS, bank transfer and cash (as long as it does not exceed the current regulations).
VISA or MASTERCARD credit card
All operations involving the transmission of personal or banking data are performed using a secure environment, a server based on SSL Standard Security Technology (Secure Sockets Layer). All the information you give us is encrypted via the network. In addition, your credit card data is entered directly on the bank page, at the TPV (Terminal Bank Point of Sales) and is not entered or registered on any Laby server.S.L. Paying with a VISA card or MASTERCARD will always request the following data: the card number, the expiration date, and a Validation Code matching the last three figures of the printed number in italics. on the reverse of your VISA or MASTERCARD card, thereby offering more guarantees on transaction security. This form of payment is valid only on the web.
When the amount of a purchase had been fraudulently or improperly charged using the number of a payment card, its holder may demand the immediate cancellation of the charge. In this case, the corresponding credit and repayment notes in the supplier and holder accounts will be made as soon as possible. However, if the purchase had actually been made by the card holder and the demand for referral was not the result of the right of withdrawal or resolution having been exercised and therefore had unduly demanded the cancellation of the corresponding post, the person will be obliged to Laby’s Technical Applications L.L. to compensate for the damages caused as a result of the said cancellation.
Selecting the bank transfer will receive, along with confirmation of your order, an email with Laby’s bank details Technical Applications S.L.. It is very important that when carrying out the transfer you indicate in the matter the order number, as well as its name and
surnames, and perform the transfer within 2 days of the order confirmation date to validate it. If you wish, you can send us the proof of the email transfer INFO.LABY.ES . However, in any case, the order will not be considered effective until our administration department has bank confirmation of the transfer. I would remind you that the payment must be made in euros and that all possible exchange and bank charges will be paid on their own.
In the case of bank transfers made from outside Spain, it is very important that in ordering the transfer you always inform your bank to take charge of the commissions at source, those bank charges and expenses corresponding to your institution. If not, Laby S.L. Technical Applications could paralyse sending their order by not receiving the full amount. Possible exchange and bank charges by customer.
Delivery of recovered data to the customer is subject to payment of the proform invoice with the remaining amount of the budget (and additional budgets arising).
Without this payment, the recovered data will not be delivered to the customer except for an express agreement between LABY and the customer.
Recovery with delayed payment comprises a time of three months from the acceptance of the budget.
This mode allows you to make the fractional payment over a period of three months (current month of budget acceptance plus two additional months):
. The first payment will be made on the 1st of the month after the acceptance of the budget.
. The second and third payment will be made on the 1st of the corresponding month.
. LABY will not be affected by any type of commission associated with this modality.
. LABY will pass through a device custody concept within the lab of 10 mes per month, with a total of 20, to be added to payments. LABY pledges to refund the added amount (VAT). If any other tax were applicable, it would be indicated (IGIC or IPSI).
LABY offers various payment modalities such as Virtual POS, Physical POS, Transfer Banking and cash (provided that it does not exceed the current rules).
In any kind of recovery, payments made in spare parts orother procedures will not be repayable.
The customer will have a 30 calendar days to remove the device with the dump of data. If you do not remove it within the specified 30-day deadline and remain at the LABYfacility, the device will be in custody mode. During the 2 months after theperiod established, 10 per per month will be held in custody. During this period, an attempt will be made to establish communication with the customer every 15 days via email and telephone call. In case during this 2-month period the notclient collects the device, LABY will proceed to its destruction.
4.7. Laboratory Device Entries and Outputs
LABY offers the customer the possibility to deliver and collect devices from ourinstallations personally or with a messaging agency. If requested,LABY may process messaging services within the Iberian Peninsula and the Balearic Islands. Due to device conditions or geographic location LABY has the right not to offer messaging services. Out of this context (Canary Islands or European Union) may generate additional expenses (such as tariffs, taxes, expenses per bank transfer by entities banks, etc.), which will be borne by the customer.
4.7.1. Device entries with messaging agency
Delivery of a device of any kind by messaging agency atLABY facilities by a customer is subject to registration inCustomer Area. The customer will in advance indicate via mail, phone or chat in Areaof customers the agency that will send, day and tracking number. In caseLABY processes the service, it will be necessary to indicate all the data required forto perform collection: Direction complete, the day and time being these Mondays and Fridaysweekdays from 9 am to 20 pm and with a margin between 3 pm and 5 pm. If the messaging could not move to the customer’s dependencies at the agreed time , a next attempt will be made the next working day in the same time slot .
4.7.2. Device outputs with messaging agency
The collection of a device in LABY’s facilities by messaging agencymust be indicated by the customer with 24 hours’ notice via mail or area chat ofclients. It is necessary to indicate the agency that will collect, day and time. If the submission is the LABY submission the customer must indicate the address via mail or chat Area of clients if it differs from the one initially provided. In case LABY processes the return of a device by rejected budget or irrecoverable case, shipping ports corresponding to the initial collection will be charged and the return between 10 and 20 qui depending on the mileage and the final number of shipments processed and between 20 and 40. if the destination is Balearic. The note note given in the previous paragraph may be performed on the messenger or directly on LABY.
4.7.3. Limitation of liability for transport service
LABY is not responsible for packaging and protective packaging of thedevices made by the customer for delivery by messaging agency. CGS, General Laby Service Conditions 10 LABY is not responsible for any damage, deterioration or loss of devices sent by messaging either by a transport agency chosen by the customer or by LABY. In the event of damage, deterioration or loss of the package during transport, thecompensations will be those stipulated by the insurance of the Messaging Company(LOT) responsible for damage, deterioration or loss. If you want to contract additional transport insurance, the customer will have to notify LABY before sending the device.
- Recruitment Conditions
The start of hiring with LABY will be established at the time of acceptance of the budget via email or signature via LABY’s intranet as well as the
initial payment of 30% through the accepted means.
Initiation of recruitment will imply acceptance of CGSs in their inability to complete skip or skip any of the set points.
- Generalitats and limitation of responsibilities
In this chapter and in general the limitation of responsibilities is already taken collected in previous chapters and others that are particularly applicable to CGS.
6.1. General liability limitation
LABY does not accept responsibility for physical or other damage, corruption or destruction media and client data or any other media, or invalidation of any warranty with respect to customer media or other media, where this damage is done, destruction, corruption or invalidation arises from the provision of conformity services with these CGSs.Subject to the stipulation in this clause, LABY’s total liability to the customer, Either for breach of contract or for breach of statutory law (including negligence) or otherwise, whether it arises under or in relation to the contract is It will limit to cases of non-disclosure, data protection or intellectual property, the highest of 3.0003,000 (three thousand euros) or the value of the amount payer per contract; or in any other case, the value of the amount payer per contract.
Neither side will be responsible to the other, either by contract, or by grievance (including negligence), for breach of legal or other obligations arising under or in relation to this contract, for any indirect or consequent loss, loss of data, loss or damage during transit, business interruption, loss of profit or loss of sales or business, or the acquisition of substitute goods or services or the cost of them, even if the other party has been informed of the possibility of damage.
In case of discrepancies regarding the information recovered, LABY will propose recovery by a third party designated by LABY. Budget execution will be charged from the client. If the customer accepts the budget and the recovery work is successful, LABY will fully pay the amount of the recovery made by the third party and deliver the recovered information to the customer. In case the third party cannot recover the information requested by the customer and the reason to LABY the customer will have to pay the full amount to the third party. The costs of transport, parts or others will always be attributable to the customer. other elements that could cause damage to computer systems, electronic documents or user files on this website or third-party websites, so no liability is given for the damage that could be caused by these causes.
LABY is also not responsible for the content of websites it links to outside its website, nor can it guarantee the availability and proper functioning of links to other websites.
LABY also fails to take responsibility for failures or breakdowns in customer equipment or customer facilities. The current warranty (if applicable of the device) will apply in case it has been provided by LABY. Under no circumstances can the customer claim damages from LABY for any errors of any kind.
6.2.Other liability limitations
LABY does not guarantee the absence of viruses or other elements that could cause damage tocomputer systems, electronic documents or user files of thiswebsite or third-party websites, so no liability is placed for the damages thatmight cause. LABY is also not responsible for the content of the websites it links to outside its page nor can it guarantee the availability and proper functioning of links to other websites. LABY is also not responsible for the content of the websites it links to outside its page nor can it guarantee the availability and proper functioning of links to other websites. LABY is also not responsible for failures or failures in the equipment of client or client facilities. The current warranty (if applicable of thedevice) will apply in case it has been contributed by LABY. In no case will the customer be able toclaim damages from LABY for any error of any kind.
- Guarantee and returns
In this chapter and in general the aspects relating to guarantees and returns already included in previous chapters and others that are in particular from the application to the CGS.
7.1. Service warranty period
LABY recommends, as a security measure, that once the new support has been received with the data retrieved the client should backup it before handling. The customer will have a period of 15 calendar days, counters from receiving the mentioned support to review the recovered data. If the customer does not express dissent during this period, it goes without saying that he accepts the service he has been given and LABY will terminate his work; no complaints will be made after the period indicated.
Additionally, LABY will hold for fifteen (15) natural days a copy on its servers of the recovered data. If it is not possible to keep a copy, the original device will be retained for 15 days unless the client requests that it be sent before this deadline.
In case the dump is performed via download by FTP or other proprietary media, LABY will keep the information on FTP servers for 15 days from the date of sending email with the access data for the download. After this deadline, LABY will proceed to erase data from its computer systems.
7.2. File period and/or refund;
In the event of no budget acceptance, the customer will have a maximum of 60 (60) natural days from the date of issuing the diagnosis for withdrawal. After this deadline, LABY had to safely destroy the device along with the casings, devices, and accessories that accompanied the originally damaged device, making it totally impossible to claim it. LABY would hold for 15 (15) natural days, once the device retrieved with the customer data, wagons, devices and accessories that accompanied the originally damaged device had been delivered. If the customer does not explicitly request the return, the request will be made after 15 calendar days, the safe destruction of the device, making it totally impossible to claim it.
LABY will return the initial advance of 30% in case the data cannot finally be recovered, using the same initial payment medium (physical or virtual POS, bank transfer or cash). Payments made at the start of work if the purchase of spare parts or other procedures were necessary will not be reimbursable.
LABY pledges to return the amount initially paid in advance and/or fees merited by the late payment when the recovery results are not favourable. Any other amount paid in spare parts or other procedures will not be refundable. If requested by the customer, the device will be refunded, and the costs associated with messaging will be paid if necessary. The customer will receive a digital invoice via email, possible. request duplicate on paper.
7.4 Products Guarantee
All products offered on the website enjoy the vendor’s commercial guarantee. The processing of the warranty will be carried out through the provider or manufacturer itself and not through LABY.
7.5 right of withdrawal and returns.
A customer will have a natural day to desist from the day the customer contracts the product, without any penalty and without indication of the reasons. The exercise of the right of withdrawal must be carried out by means of notification through telephone communication at 900525666, addressing the email INFO@LABY.ES, referring its letter to our postal address LEPANTO 230 LOCAL, 08013 , BARCELONA (BARCELONA), as established in Article 103 of Law 3/2014, of 27 March amending the recast text of the General Law for the Defence of Consumers and
Users, the supply of services or goods produced according to the consumer’s specifications or clearly personalised, or which, by their nature, cannot be returned or may deteriorate or expire quickly, are exempt from withdrawal.
The customer will have to return or submit the product directly to Laby Aplicaciones Técnicas S.L., at LEPANTO 230 LOCAL, 08013 , BARCELONA (BARCELONA), without any undue delay, and in any case within a maximum two calendar days from the date on which the right to withdraw from the contract is formalised. The deadline will be understood if the customer returns the product before the end of the term. The customer will bear the costs of the product refund. In any case, the products to be returned must be in perfect condition, unused and in their original packaging. It is therefore requested that, in order to avoid transport problems, it be ensured that the package is properly protected and contained. Once received, we’ll review their status. As soon as we see that both articles, and possible components, accessories, promotional gifts and documentation, are complete and in perfect condition, we will proceed to return the money paid out.
- Data protection and trust
LABY acts as the Administrator for the Treatment of the Personal Data of the CUSTOMER in accordance with Regulation (EU) 2016/679 of 27 April (GDPR) and the Organic Law 3/2018 of 5 December (LOPDGDD). This processing will be carried out exclusively for the execution of the data recovery contract. Data relating to identification and billing will be retained until at least the minimum time marked by law. Data
recovered will only be preserved until the execution of the contract, destroying them.
They are self-same once the same period has been completed, in accordance with the guarantee timetables set for the CGS. No data is communicated to third parties or other actions that may infringe customer confidentiality in accordance with the current law. The customer has the right to withdraw consent to process the data at any time and if he exercises this right, the contract shall be terminated in the terms stated in it as the
data processing is essential for the execution of data.You can consult our Confidentiality Policy on our website https://www. laby.es for more information about data processing or for any query can write to info.laby.es .
- Applicable legislation
The parties expressly agree that the present CGS will be governed and will be interpreted, in all its terms and conditions, in accordance with the current Spanish legislation.ltlt;The parties expressly submit, for any issues or divergences that might be subscribed to by reason of the interpretation, compliance and execution of this contract, to the jurisdiction and competence of the Courts and Courts of the city of Barcelona.