Partner Portal

Stacks Image 18

Terms and Conditions of Use

This site is for the use of Accredited Partners only i.e. where DataLAB has a written Partner Agreement in place. If you are not an Accredited DataLAB Partner you should not use this site and you are advised that we have no obligations or liability for any aspect of this Service or information you may provide using it.

Amended 23rd October 2020
Data Privacy and Confidentiality
We will take reasonable steps to safeguard all data you supply to us by either through the Partner Portal or by other means of referral. We will take reasonable steps to protect your confidentiality. Where we believe there is a breach of confidentiality in terms using the Partner Portal, we fully reserve the right to remove User access and logins where appropriate and at our discretion to also withdraw the Portal. Please note; DataLAB, its officers, employees, and agents agree to absolute non-disclosure of any, and all, information or data files supplied with, stored on, or recovered from Client equipment unless we are put under a legal requirement to disclose.

We require you, in using the Partner Portal, to observe data privacy requirements and any applicable legislation. This current version of the Partner Portal has been made easier to use with a one-way form only and we have thus removed the requirement for login.

In particular, logins supplied to your staff should only be used by your staff. They may share logins where you allow this, but where you do so, you agree to be responsible for your staff not sharing these with other non-approved users.

We do require all those using the this Partner Portal to be discrete and observe the confidentiality rights of clients referred to us and not to share Partner Portal data with any outside or non-approved users. We may periodically from time to time email those making referrals where ewe have contact emails regarding the programme.

DataLAB does not, and will not ever, own any data on equipment supplied for recovery. It will remain the property of your Client (if a Referral) or your own organisation (if an enquiry is raised for an 'Own Use Job') at all times. Where client data is supplied through means of a referral, or where it is supplied by you or your staff through our Partner Portal; you are confirming you have (a) your Client's consent to pass their data on to us and (b) we have both your client and your own consent to use that data to facilitate contact with the client and to market DataLab’s services to them. If your client subsequently requests not to be contacted or to be removed from our marketing communications, we will seek to comply as per prevailing Data Privacy legislative requirements. We will then not contact them further regarding the referral that you have raised, and will where we are obligated to do so under Data Privacy regulations and practice, remove their enquiry from our systems.

Clients you refer to us who wish to proceed with data recovery will be asked to sign an agreement (see the Work Form) authorising us to undertake their data recovery with applicable terms pertaining to their enquiry. We note that our standard terms advises them that if their initial enquiry was submitted, or is being managed, through our Partner Programme that we will share their progress and billing information only, with you, our Partner.
It is understood that we will make reasonable endeavours to convert any referral you make to us through the Partner Portal or programme to a sale for data recovery. We are however, not under an obligation to convert any/all referrals to sales.

Whilst the intent of the Partner Programme and the Partner Portal is to drive increased data recovery business. You are under no obligation to either use dataLAB as your sole provider of data recovery services or to supply us with any particular volume of business. However, it is a condition of use that access and use of the Partner Portal is made available at our sole discretion. For example, we would expect to withdraw access to the Partner Portal where we receive little or no business, or where the information it contains and its facilities is, or may be, in our sole view, compromised by your Users.

Where a client referred by you contacts us. But does not identify themselves to us as being referred by you, or does not provide your Partner Ref Number prior to our starting their data recovery work. Then, we will be under no obligation to pay commission for work we have been paid for. We will however, make reasonable efforts to track any referrals you provide us with or enquires that we receive. Similarly, where we receive a referral only after a client has already approved us to start data recovery work. Then we will be under no obligation to pay any commission. Also, if a client only identifies themselves as being referred by yourselves after they have approved us to start work, then we will also be under no obligation to pay any commission.
Commission Payment Process for Referrals
We will pay a commission on referrals that result in a sale made through the Partner Portal, where we are able to reasonably identify the Partner making the referral and where we have current terms in place. Partners must thus identify themselves using the online form or on the printed Work Form so we can reasonably identify the origin of the referral.

Please note there is no commission payable on carriage and media charges we make to clients. Commission is paid only as a percentage on ex-GST billings and is itself subject to GST.

Commission is payable on the Data Recovery services only and will be made periodically to the bank details supplied by you (see below).

Commission is payable only where your client has paid for data recovery work as per the details made in your referral. Should your client not proceed, or pay, then no commission will be due.

Commission paid will normally be in the calendar month following payment by your client and we will seek to provide a consolidated payment for all those referrals due in that period.

In order to facilitate more ease of use the previous facilities where results of referrals could be viewed has been withdrawn. We can however advise progression of referrals by your enquiring at the office (please ask for Sales Support).
The facilities and features made available on this Partner Portal are available at our discretion only and may change over time and without advance notice.

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. DataLAB accepts no liability for any disruption or non-availability of this Web Site or the Partner Portal resulting from external causes including, but not limited to; ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

To the maximum extent permitted by law, DataLAB accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of this Partner Portal or any information contained therein. Users should be aware that they use the Portal and its content at their own risk.

We also reserve the right to amend or even withdraw this Partner Programme and or the Partner Portal at any time including these terms.

This site is for the use of Accredited Partners only i.e. where DataLAB has a written Partner Agreement in place. If you are not an Accredited DataLAB Partner you should not use this site and you are advised that we have no obligations or liability for any aspect of this Service or information you may provide using it.