ComplaintsforEricsComputerServices

• Initial Complaint

  08/15/2023

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  May 18th Phone call inquiry for CF card recovery. I explained *********** quoted $1800 and that was too expensive and I was looking for services well under that amount. Eric acted like that was possible and said I would need to pay a fee of $500.00 just for an evaluation. Later he changed it to $175.00. May 27th My CF card was delivered to him. May 31st I paid $175.00 and asked for him to keep me updated. No response. July 31st I emailed asking for an update. No response. August 10th I emailed asking for an update. No response. August 15th I called, he answered knowing it was me calling. He advised quote estimate of $1200-1800, asked if that was 'ok'. I said um no not really and I definitely was not expecting that based on our initial conversation. He said he was on vacation the past two weeks so he did not reply. He stated he had other priority projects that he was working on and could not reply to me. I stated that I was very upset and this whole thing was unacceptable. If he KNEW based on our phone call and what *********** quoted and KNEW I could not afford $1800 he should have never taken my money and wasted my time. I don't trust him or his business ethics. I think he scammed me out of $175.00 and never intended on actually recovering my images or following up with me. At this point I want my card back quickly and I think he should refund me $175.00.

  Business response

  08/23/2023

  Good Afternoon, I did provide a data recover Diagnostic to ********* ********, after she initially did place a call to me on May 18th, 2023. I did advise her the first step was a Diagnostic of the Compact Flash memory card (sometimes abbreviated CF).  She did share ***** ****** had a very high quote on that call or a following call that was originally $3,000 or $4,000 then they lowered it to $1,800. While I apologized for lack of prompt communication on her case it is the summer, I am the sole employee of the business and I was on vacation for 2 weeks during some of the contact attempts. As for her main compliant I do not base my data recovery prices on what other companies charge. I also do not use diagnostic findings of another company or an end user. I never verbally, written or otherwise agreed to a provide a cost lower than ***** ******. I provided the final diagnostic findings in my Data Recovery Dashboard (website) on 8/15/23 as she shared. The final diagnostic finding was also sent from that Data Recovery Dashboard via email. The diagnostic findings were as follows "The memory has physically failed and does not read/power on. The device would need to be recovered in a clean room and it would require 2-3 weeks. The total project cost would be $1,200-$1,800 (that includes labor, and new return media). Thank you". If ********* approved that range I was willing to get started and quote her an exact cost shortly. The tracking number is "**********************" and the card has been shipped USPS and should arrive tomorrow. My business is data recovery I was very interested in having ********* proceed with the data recovery so I could get her data back. My contract (Eric's Computer Services Data Recovery Diagnostic Form + Data Recovery Contract), ********* digitally signed. The contract is very clear, the diagnostic was complete and there is not a refund. The contract also links my service prices page*********************************************************************y/) (as well as being publicly available on my website) and this quote is in the cost range with a tier 3/4 recover. I have uploaded images of the Compact Flash card, images of the diagnostic findings the Data Recovery Dashboard, and a copy of the "Eric's Computer Services Data Recovery Diagnostic Form + Data Recovery Contract" that we both signed. Thank you  Contract Sections applicable to this compliant:1. Agreement & Authorization. Eric’s Computer Service desires to make the client’s data recovery a success and make clear our understandings with each other. These are the terms of our agreement together. The client is engaging, and payingEric’s Computer Services for professional data recovery service. The first part of that service is a diagnostic. If the client chooses to proceed after the diagnostic, the second part is attempting a data recovery, or performing a data recovery project(once the diagnostic is completed). The term “client”, “customer”, “you”, “your”, apply to the named client. The terms “we”, or “us” apply to both parties. The client authorizes Eric’s Computer Services to provide professional data recovery services and to bill them for the diagnostic fee, and any associated data recovery fees. The client also authorizes Eric’s Computer Services to take any and all reasonable effort and measures necessary to ensure data safety, determine recoverability, and to recover data from this hard ***** or media.2. Media. The client is providing the following hard drive(s) or media for diagnostics to Eric’s Computer Services, 1 Compact Flash Memory Card.3. Data Recovery Diagnostic. All hard drives or media require a diagnostic for Eric's Computer Services or its partners to give a data recovery estimate. Eric's Computer Services works to provide an evaluation using all resources and technologyavailable. A diagnostic is started over the phone by gathering information from a customer and is continued when the ***** or media is received. No warranty is stated or implied as to the accuracy of such evaluation or the timeliness thereof. Datarecovery estimates can change and Eric’s Computer Services agrees to notify the client in writing by email the event the recovery changes or the cost exceeds this estimate.Eric’s Computer Services standard hard ***** or media diagnostic involves diagnosing the ***** or media. Eric’s Computer Services also offers emergency diagnostic starting a recovery right away or ahead of standard priority client’s work for anextra fee. Eric’s Computer Services will provide the physical issues, logical issues, or other problems with the hard ***** or media, estimate data size, and the cost (flat rate cost, or cost range) to recover the data. This cost estimate is provided in writing byemail, and/or by phone (to the client prior to the commencement of work. Eric’s Computer Services will require an approved “Data Recovery Project” payment that will serve as an authorization to recovery the data. If the client wants to proceed withthe data recovery and pays for the “Data Recovery Project”, the “Data Recovery Project” will serve as an amendment to this initial contract, the client agrees and acknowledges this.The client is requesting: Standard diagnostic (at Eric’s Computer Services) 6a. Completion Date Estimate and Emergency Service.  Eric’s Computer Services will attempt to complete the recovery within a timeframe specified in its evaluation of the hard ***** or media. Emergency recovery service are available at anadditional cost. Emergency recovery will be ahead of standard priority client’s work. Due to circumstances beyond its control, Eric’s Computer Services does not imply, represent, guarantee or commit to a completion date, even in the case of emergency service. Any turnaround or completion time estimate is given as an estimate only, and all amounts due under this contract apply regardless of turnaround time.7. Payment, Projects, and Hourly Rate. The client agrees that Eric’s Computer Services has no vested interest in this data other than attempting, and or performing a data recovery in exchange for payment by the client. Once any fee is paid it is non-refundable.There is a flat-rate diagnostic fee of $175 per hard ***** or piece of media that are 4TB or smaller, for standard service. This includes drives or media such as SATA hard drives, external hard drives, Solid State Drives (SSD), SD cards, memory cards, or flash drives. This covers local cases in the Capital Region of New York or cases mailed in from the United States.7a. Charging Structure. Once payment is made for the diagnostic the diagnostic is considers started and is non-refundable. Once payment is made for a data recovery project, the recovery is deemed started and is non–refundable. Data recovery is complex, time-consuming and costly. The client agrees to pay in US Currency and by one of the following accepted methods cash, check or Square.com which allows credit debit card payments......... the client proceeds with a data recovery, I charge per project or per hour. All full outline of my data recovery service prices islisted here **********************************************************************

  Customer response

  08/24/2023

  Better Business Bureau: I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.I understand the legality of his contract. I think based on his unacceptable lack of communication and unacceptable time holding my media and doing nothing he should refund me as an exception based on customer service.He NEVER referred me to his 'pricing' page which I could not locate prior to today when he provided a link. He never referred to my project as a 3/4 tier. His response to the phone call is straight up a lie. He DID state he could provide services well under what ***** ****** quoted and even went on to discuss why larger companies get away with it.His tier 3 is $500-1200, his tier 4 is $750-1800. I believe he did say he could probably do it for around $500 or a little more. My project should not be the MAX of each tier.I explained to him I am a stay at home Mom and my budget is limited. These are pictures of my DAUGHTERS PRESCHOOL GRADUATION and for him to waste my TIME and MONEY and get my hopes up of getting these pictures back is absolutely disgusting.I would not have wasted my time or money only to be quoted the same thing as ***** ******.His practice is basically bait and switch.His business is not trustworthy or ethical.Again, I understand the legality of the contract. I think he should still refund me for Customer Service. Many of the things he is saying are untrue.He held media for 2 months with zero communication with me, looked at it the night before I called and then wants to push me into paying him $1200-1800. It's absolutely disgusting. Regards, ********* ********

  Business response

  08/25/2023

  I always aim to have timely communication with customers.  In this case I failed to do that, vacation is no excuse. I did apologize for that. However it is completely unacceptable for any personnel attacks, question of ethics, or calling a service bait and switch when a diagnostic has to be done. Further more I don't see any reasonable complaint here other than lack of communication. Data rectory is a case by case basis, that is why a diagnostic is required. The client was informed a Diagnostic was required both verbally, and in the contract. Section "3. Data Recovery Diagnostic" of the contract specifics this. I said in general terms that larger data recovery companies are typically more expensive, and "most likely" my recovery fee would be less. I informed the client if the other companies diagnostic was correct I start physical flash memory recoveries at $500. This is starting point for physical recovery not the cost, or a cost near. I did not quote the same as the other company. According to the client they install quoted $4,000, then $3,000 then $1,800. I provided only one quote of $1,200-$1,800. The client was provided a link to the cost of data recovery in the contract that was signed (*********************************************************************/). This page stats "Typically a hard drive, SSD, flash drive, or memory card will cost $175 for a diagnostic fee and $350-$1,900 for a data recovery project (labor, parts, and return media)." This is 100% in line with the pricing quoted to the customer. $1,200-$1,800 is a range which the fee would fall in. As for the complaints of her project should not be the max of each tier, is her opinion. These Tiers listed on the linked prices page in the contract specify they are a range. Range is defined as the the area of variation between upper and lower limits on a particular scale; in this case price. These tiers I have setup are specially for my company and the easiest way I could find to display the data and prices. Other companies might label tiers differently. Tiers may also consist of more then one type of media, complexity, donor parts or return media. Once again, As for her main compliant I do not base my data recovery prices on what  other companies charge. I never verbally, written or otherwise agreed  to a provide a cost lower than the first data recovery company. The final diagnostic cost range I did provide was lower. The customer delince the quote and wanted her media shipped back which I paid for. The final quote was not based at all on the other companies price, it was based on time, cost and complexity of this case - and previous similar cases. Thank you

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