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Terms of Service

HEX strives to maximise the chances of successful data recovery while maintaining the safety of the storage medium and the confidentiality of all entrusted information.

I. General Provisions

  1. The service provider is HEX SERWIS – Specjalistyczne odzyskiwanie danych – Łukasz Wasilkowski, conducting business at: Smołdzińska 2B/16, 83-304 Kobysewo, Poland, VAT ID: PL5832942583, e-mail: biuro@hex-serwis.pl, phone: +48 530 448 017, hereinafter referred to as "HEX".
  2. The Client may be:
    • a consumer,
    • a business entity,
    • a sole trader with consumer rights as defined by applicable law.
  3. For the purposes of these Terms:
    • Consumer – a natural person entering into a contract not directly related to their business or professional activity.
    • Sole trader with consumer rights – a natural person entering into a contract directly related to their business activity, where the contract is not of a professional nature for that person, in particular as evidenced by the subject of their registered business activity.
  4. A service order may be placed via the online form, electronic communication, or by delivering the storage medium to HEX.
  5. Acceptance of these Terms is a condition for commencement of the service.
  6. The contract for the analysis service is formed upon HEX's acceptance of the storage medium or the Client's confirmation of the analysis order. The contract for data recovery is formed upon the Client's acceptance of the cost estimate.
  7. The Client declares that they have the right to dispose of the data stored on the submitted medium and bears full responsibility for its legality.

II. Scope of Service and Diagnostics

  1. The service process consists of:
    1. analysis (diagnostics of the storage medium),
    2. presentation of the analysis result and cost estimate,
    3. the Client's decision regarding data recovery,
    4. execution of the service (after acceptance of the estimate).
  2. The analysis is an independent, paid diagnostic service aimed at determining the condition of the medium and the feasibility of data recovery, regardless of the outcome. The Client is informed of the analysis cost before placing the order and expressly agrees to it. Submitting the medium for analysis or placing an order for it constitutes acceptance of the analysis cost.
  3. Analysis fees:
    • €65 gross – standard mode,
    • €250 gross – express mode (24/7).
  4. When express mode is selected:
    • analysis is performed on a priority (continuous) basis,
    • the data recovery service fee is increased by 35%.
  5. The analysis result includes information on:
    • the condition of the medium,
    • the feasibility of data recovery,
    • the estimated service cost.
  6. Due to the elevated technical risk and the need for additional preparatory work, where the medium has previously been opened, repaired, or tampered with by third parties, a surcharge of 300 PLN gross is added to the analysis fee. This applies in particular to:
    • drives opened outside a cleanroom environment,
    • devices showing fingerprints or contamination inside,
    • devices that have undergone repairs or firmware modifications,
    • flash storage, memory cards, and USB drives following prior repair attempts.
    The surcharge applies regardless of the selected analysis mode.
  7. The estimated time for standard analysis is 5–10 business days, and for express analysis 24–48 hours from delivery of the medium. These timeframes are indicative and may change depending on the extent of damage or the need to source required components, in which case the Client will be notified promptly.
  8. HEX commits to performing the service with due diligence, in accordance with current technical knowledge and available methods. The service is performed on a best-effort basis – HEX does not guarantee full or partial data recovery due to the nature of the damage and technological limitations, but takes all possible steps to maximise the effectiveness of the process.

III. Technical Risk

  1. The Client acknowledges that:
    • the medium may need to be opened, which voids the manufacturer's warranty,
    • read attempts may worsen the condition of the medium or alter the symptoms of damage,
    • the diagnostics and recovery process may leave traces of intervention,
    • HEX is not liable for pre-existing mechanical, electronic, or logical damage to the medium, including damage not visible at the time of acceptance.
  2. The Client acknowledges that the medium submitted to HEX may be in a condition that prevents the creation of a backup prior to diagnostics. All data on the medium should be considered potentially at risk of loss, regardless of the actions taken. Any working copy created by HEX serves exclusively the recovery process and does not constitute archiving or data backup.
  3. In some cases, data recovery may require irreversible actions that could permanently prevent further recovery attempts. The Client will be informed before such actions are taken, where technically feasible.
  4. HEX may suspend the service if:
    • further actions may lead to complete destruction of the medium,
    • data recovery is not possible,
    • further actions are technically or economically unjustifiable.
  5. HEX may also refuse or suspend the service in the event of:
    • lack of contact with the Client,
    • failure to accept the cost estimate,
    • reasonable doubt as to the legality of the data.

IV. Client Decision and Service Execution

  1. After receiving the analysis result, the Client decides whether to proceed with data recovery.
  2. Service execution begins only after the Client has accepted the cost estimate.
  3. If the Client withdraws after analysis has been completed, they are liable only for the analysis fee.
  4. If the Client withdraws after work has commenced (following acceptance of the estimate), they are liable for the costs of work actually performed, determined on the basis of actual progress, working time, and technical resources and materials used.

V. Payments

  1. Payment for the service must be settled in full before the recovered data is released.
  2. HEX issues a VAT invoice or other sales document without requiring the Client's signature.
  3. Where donor parts are required, their cost is added to the final service price.
  4. Payment may be made by bank transfer, cash, or any other method agreed with the Client.
  5. HEX reserves the right to withhold the release of recovered data and the return of the medium until payment has been confirmed or credited to HEX's bank account.

VI. Data Release

  1. Before payment for the recovery service is settled, HEX provides the Client with a list of recovered files (file list) and, where justified, the opportunity to verify selected data for readability.
  2. The scope of data verification is agreed individually with the Client and may be limited based on the nature, volume, or recording format of the data.
  3. The Client's acceptance of the presented file list or data samples constitutes confirmation that the scope of recovered data matches the list and forms the basis for issuing the sales document. Failure to raise objections within 3 business days of the list being presented or delivered electronically is deemed acceptance.
  4. For Clients who are not consumers, acceptance of the data scope excludes the right to subsequent complaints regarding the completeness or structure of the recovered files, except for hidden defects that could not have been detected during the list verification stage.
  5. For Clients who are consumers, acceptance of the list confirms the factual state of the data at the time of its release and does not exclude or limit the consumer's statutory rights, taking into account the nature of data recovery services and the scope of data made available for verification.
  6. HEX does not guarantee the full integrity or completeness of recovered data, as its condition results from the nature of the medium's damage. HEX is not liable for the manner in which the Client interprets, uses, or further processes the recovered data.
  7. Recovered data may be:
    • transferred to a medium provided by the Client,
    • stored on a medium purchased from HEX,
    • made available for download from the HEX server, provided the total data size does not exceed 10 TB.
  8. Data made available on the server is stored for up to 10 days from the moment the Client is notified of its availability for download.
  9. After this period, the data will be permanently deleted and cannot be made available again.
  10. A working copy of the data held by HEX may be deleted after 7 days from its release or delivery to the Client, unless otherwise agreed by the parties.

VII. Collection and Storage

  1. Collection of data or the medium may require identity verification or provision of a verification code.
  2. The Client is required to collect the medium within 30 days of being informed of the analysis result or the completion of the service.
  3. If this deadline passes without collection, HEX will request collection within an additional 14-day period.
  4. After the additional period expires (44 days in total), a storage fee of 10 PLN gross per day is charged.
  5. A medium uncollected for 90 days from the date of notification, whose market value is lower than the accumulated storage cost, is considered abandoned within the meaning of Article 180 of the Polish Civil Code. HEX is entitled to dispose of it in a manner that prevents data recovery.
  6. After the deadlines set out in this section, HEX is not obliged to continue storing the medium.
  7. Once the conditions set out in these Terms have been met, the Client is not entitled to pursue claims against HEX in connection with the disposal of the medium.

VIII. Transport

  1. The Client bears full responsibility for transport of the medium arranged by themselves, both to and from HEX.
  2. HEX is not liable for damage or loss of a shipment occurring during transport arranged by the Client.
  3. Where transport is arranged by HEX, the carrier bears liability for the shipment in accordance with its own terms and conditions. HEX is not liable for the acts or omissions of the carrier, unless the damage was caused solely by HEX's wilful misconduct.
  4. Where transport is arranged by HEX based on the Client's instructions regarding the choice of carrier or delivery method, HEX is deemed to act in accordance with the Client's instructions, and responsibility for the choice of delivery method rests with the Client.
  5. In the event of loss or damage to a shipment, the Client is required to notify HEX promptly, no later than 7 days from the expected delivery date. After this deadline, HEX cannot guarantee the availability of a working copy of the recovered data, if one was made.

IX. Communication

  1. HEX contacts the Client using the contact details provided in the order (phone, e-mail).
  2. Communications are deemed effectively delivered when sent to the contact details provided by the Client. This applies in particular to e-mail messages that have not been returned as undeliverable.
  3. If the Client fails to respond within 14 days of a communication requiring a decision, HEX reserves the right to suspend or terminate the service.

X. Confidentiality and Data

  1. HEX undertakes to maintain the confidentiality of data entrusted by the Client.
  2. Data is processed solely for the purpose of performing the service.
  3. At the Client's request, HEX may sign an individual non-disclosure agreement (NDA).
  4. The technologies, procedures, and tools used by HEX constitute trade secrets and are not subject to disclosure.
  5. The Client acknowledges that during the performance of the service, HEX personnel may require technical access to the data, solely to the extent necessary to carry out the service.
  6. HEX applies appropriate technical and organisational measures to protect data, including access control to the laboratory and encryption of working copies during the recovery process.

XI. Liability

  1. HEX is not liable for:
    • inability to recover data,
    • the legality of data stored on the medium,
    • the completeness of recovered data due to the nature of the medium's damage,
    • damage resulting from prior interference or hidden defects of the medium,
    • deterioration of the medium or data loss resulting from pre-existing damage, including that revealed during transport or initial read attempts,
    • loss of data as such, including its material or non-material value, regardless of the cause of loss,
    • logical integrity, structural completeness, or usability of recovered files, in particular databases, system files, or proprietary format files,
    • logical data corruption, including file errors, incomplete file content, or inability to open files despite successful recovery.
  2. The Client acknowledges that the value of data is subjective and does not affect the service fee.
  3. HEX is not liable to business Clients for lost profits, including lost revenue, business-value data, or the effects of business interruption.
  4. HEX's liability to business Clients is limited to actual damage (excluding lost profits) and shall not exceed the value of the service fee.
  5. HEX's maximum liability to Consumers for non-performance or improper performance of the service is limited to the amount of the service fee, unless the damage was caused by wilful misconduct or results from mandatory provisions of law.

XII. Right of Withdrawal

  1. A Client who is a consumer has the right to withdraw from a contract concluded at a distance or off-premises within 14 days of its conclusion, subject to the provisions below.
  2. The analysis (diagnostics) service constitutes a separate service.
  3. At the Client's express request, the analysis service may commence before the withdrawal period expires.
  4. Upon making such a request, the Client acknowledges that:
    • once the analysis service has been completed, they lose the right to withdraw from the contract in respect of that service,
    • if they withdraw before the analysis is completed, they are required to pay for services rendered up to the point of withdrawal.
  5. The data recovery service is performed exclusively after the Client has accepted the cost estimate and constitutes a separate contract.
  6. At the Client's express request, the data recovery service may commence before the withdrawal period expires.
  7. Where the data recovery service has been fully performed with the Client's express consent, the Client loses the right to withdraw from the contract.
  8. If the Client withdraws during the performance of the data recovery service, they are required to pay for services rendered up to the point of withdrawal.

XIII. Force Majeure

HEX is not liable for non-performance or delay in service resulting from force majeure. Force majeure means external events beyond the parties' control that could not have been foreseen or prevented, such as: natural disasters, fires, prolonged failures of power or telecommunications networks, armed conflicts, or states of emergency.

XIV. Complaints

  1. The Client may file a complaint within a reasonable period, no later than 14 days from the date on which the irregularity was identified.
  2. Complaints should be submitted by e-mail to: biuro@hex-serwis.pl and should include a description of the issue and details enabling identification of the order (order number or Client's name).
  3. HEX will process the complaint within 14 days of receipt and inform the Client of the outcome.

XV. Final Provisions

  1. The parties will seek to resolve disputes amicably.
  2. Disputes:
    • with a Client who is a consumer will be resolved by the court with jurisdiction under applicable law,
    • with a Client who is not a consumer will be resolved by the court with jurisdiction over HEX's registered address.
  3. These Terms are governed by Polish law, with due regard for mandatory provisions of consumer law (including EU regulations where services are provided to consumers habitually resident in the EU outside Poland).
  4. These Terms are effective from 06 April 2026.
  5. HEX reserves the right to amend these Terms. Amendments take effect on the date specified by HEX, no earlier than 7 days after publication on the website. Orders placed prior to the amendment are governed by the Terms in force on the date the order was placed.