DataWarden Terms & Conditions

1. Introduction

This Agreement is a legal document which sets out your rights & obligations, & those of DataWarden Limited, a company registered in England under registration number 5235737 ("DataWarden", "we", "our" or "us"), in relation to this site & the services offered by DataWarden through it (the "DataWarden Service"). By registering for the DataWarden Service, you agree to the terms of this Agreement, & you re-affirm that agreement every time you use our services.

Visitors to the DataWarden Service who do not register to become a member similarly affirm that they are bound by this Agreement each time they access the DataWarden website.

2. Documents

Other documents included as a part of these Terms & Conditions are:-

  1. Privacy Statement.
  2. Prices.

3. Agreement To Terms & Conditions

This Agreement takes effect on the date you first use, try out or pay for services, whichever is the earliest. From time to time, it will be necessary to update the terms & conditions. We undertake to give you, wherever possible 7 days notice of any change & you agree to be bound by the new terms & conditions by your use of the system after the implementation date for them. We reserve the right to impose immediate implementation of new terms & conditions where necessary for the protection of the system. Should you find any new terms & conditions unacceptable, then you will be granted a refund of any unexpired part of your backup cycle subscription & you agree that, save for this refund, you will not make any claims whatsoever for compensation in relation to the cancellation or withdrawal of your backup cycle subscription. You are responsible for reviewing information posted on-line in the terms & conditions pages.

4. Information provided by you

You warrant that the name, address & payment information that you provide when you join DataWarden is correct & you agree to notify DataWarden of any changes in the name, address &/or payment details.

You warrant that you are at least 18 years of age, or have obtained the consent of you parent or legal guardian if you are under 18. You warrant that you possess the legal right & ability to enter into this Agreement & to use DataWarden's services in accordance with this Agreement. You agree to be responsible for the use of DataWarden & to comply with your responsibilities & obligations as stated in this Agreement.

5. Usage

Posts made on the DataWarden website are not monitored. Forum posts you write are subject to withdrawal without notice by DataWarden upon complaint about their content where DataWarden at their sole discretion deem this necessary.

You warrant the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) which you place for inclusion on DataWarden. You warrant that you are authorised to promote any such information.

You agree to keep secure your DataWarden identification, password & other confidential information relating to your account.

You are personally responsible for the use of your account & the secrecy of your password. If you are a corporate user then the company is also responsible, together with the individual using the account. In addition, you are deemed to be logging onto the system (i.e. the authorised person for that account) when an account is accessed with your correct account ID & password. You must tell us immediately if someone steals your password or if you find someone else is using your ID. Each account ID that our system creates is unique so by implication you are the only customer with access to your account. Another person will not have access to your account (unless someone has gained access to your ID & password). We will change your password for you if this is the case. You must also co-operate with us, the police or other law enforcement authorities concerning any legal action taken arising from the misuse of your account by you or anyone else.

You are entirely responsible for the content of your Support posts that you write & for the content of your backup data. You may not, under any circumstances, use any DataWarden website services or the DataWarden backup service to do any of the following:

  1. store, publish, post, distribute or disseminate defamatory, infringing, obscene, indecent or other unlawful material or information, including adult material of any kind.
  2. threaten, harass, stalk, abuse, disrupt, impersonate or otherwise violate the legal rights (including rights of privacy & publicity) of others.
  3. engage in illegal or unlawful activities.
  4. make available / upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;
  5. make available / upload files that contain a virus or corrupted data
  6. falsify the source or origin of software or other material contained in a file that you make available on your Forum posts or in your backup data.
  7. act, or fail to act, in your use of the service, in a manner that is contrary to applicable law or regulation. You are entirely responsible for any civil or criminal liability which is incurred as a result of your use of your Forum posts or in your use of the DataWarden backup service.

7.4 You agree that DataWarden may disclose your name & address where there is any complaint about the content of posts you have written. See section

If you post a defamatory/libelous messages or material, it is you that publish it & you that will be liable for the consequences of it. You will also be liable for our legal costs incurred in defending any defamation or libel action caused by your post content & you agree to indemnify us for any damages which are awarded against us by a court of law or which we pay as a result of settling such an action upon Counsel's advice.

6. Termination

DataWarden may terminate your backup subscription at any time, with or without cause, upon reasonable notice. You may also do the same.

Where DataWarden terminates your backup cycle subscription with cause, or you terminate your backup cycle subscription, you will not be entitled to any refund of any unused part of your backup cycle subscription. Access will be rescinded from all member areas of DataWarden

DataWarden expressly reserves the right to terminate or suspend your backup cycle subscription without prior notice should you fail to comply with these Terms & Conditions or should DataWarden deem such action necessary to protect DataWarden & in such circumstances DataWarden will confirm such termination or suspension by subsequent notice.

Save for any refund of unused parts of the backup cycle subscription as above in section (3) or (6), you will not be entitled to any compensation whatsoever in the circumstances of termination & DataWarden will not be liable for any consequential loss whatsoever in relation to termination of your account in any circumstances.

7. Support Forum posts

7.1 DataWarden does not distribute the contents of Support forum posts outside DataWarden, but may include information about them in promotional materials & advertising & you agree that files that you have uploaded to DataWarden may be used in such manner & for such purposes.

7.2 If DataWarden exercises it's right disclosed in section (7.1), it will be anonymous. Personally identifiable information will not be disclosed unless you have given us express consent to do so.

7.3 If you end your DataWarden backup cycle subscription, we retain the right to use writings you have submitted to the DataWarden website. (For example, support posts, etc.)

7.4 At all times, DataWarden reserves the right to disclose your name & address where there is complaint about the content of posts you have written. This is in accordance with the terms set out in section 5, above.

8. Charges

You agree to pay all charges for your use of DataWarden at the prices in effect at the beginning of your backup cycle subscription period or the anniversary thereof.

DataWarden reserves the right to change prices or institute new charges for use of DataWarden at any time upon not less than twenty eight (28) day's notice. Changes will be posted on-line in the Prices page.

Payment of your account balance is due at inception & subsequently on the anniversary thereof. Where due payment is not made, your account will be suspended or may be terminated at our discretion.

Where there is an outstanding payment on a customer account we will hold the account & any associated backup data on the account for 28 days. If payment is still outstanding after 28 days the account will be closed & backup data held on the account will be removed from our servers. You will not be able to backup or access certain DataWarden services whilst your account has an outstanding balance. But, you can pay the outstanding balance to regain full access to your account. This service is provided on a goodwill basis & we reserve the right to rescind this service if it is abused. If we rescind this service we reserve the right to do so on a per account or to all accounts without notice.

Where a late payment is made we reserve the right, at our discretion, to make an administration charge of £5 on top of any outstanding dues. We reserve the right to make this charge on a a per account or to all accounts without notice. You will be required to make payment for the coming & subsequent backup cycle subscriptions at the due times. Repetitive arrears will not be tolerated.

8.1 You are only charged, & only make payment for, your backup service. This consists of the backup server connections, the backup storage space & for Encrypted backup CD's or DVD' you order. You are licensed to use DataWarden's backup software during your fourteen (14) day trial or whilst you are a full & paid-up account holder.

8.2 You are not charged for your access to the DataWarden members website area. We provide a customer service area for you to contact us with customer service issues & we will reply, although do not guarantee resolution within 48 hours.

8.3 We provide, free of charge, all other DataWarden website service on as is basis. We & possibly other DataWarden members, add information to these areas & are done so on a best endeavours basis.

9. Advertising On DataWarden

Advertising, which includes product promotion through support forum posts is NOT permitted on our website without prior consent.

If you would like to advertise or offer to sell goods or services on DataWarden you should contact us with regard to suitability & advertising rates.

If we decide to accept advertisements you undertake to provide goods in conformity with any description & warranties made. You agree to comply with all relevant Advertising & Broadcast, Consumer Credit & Trades Descriptions legislation etc. If you are advertising goods in the course of a trade or business this must be stated clearly..

Where consent is given by DataWarden to accept an advertisement our customers should not interpret this as a recommendation or endorsement. We are unable to provide customer service or support for problems you may experience with third party vendors.

10. Exclusion Of Warranties & Limitation of Liability

DataWarden & all DataWarden services are provided "as is," & DataWarden make no express or implied representations or warranties to you regarding the usability, condition or operation thereof.

DataWarden will at all times use best endeavours to maintain an uninterrupted & error-free service, however DataWarden make no representations or warranties regarding the services provided by them & do not warrant that use of DataWarden will be uninterrupted or error-free, or that DataWarden services will meet any particular criteria of performance or quality.

DataWarden will at all times use best endeavours to maintain & safeguard your data on its system however DataWarden accept no responsibility for any loss or damage to data or the loss thereof. DataWarden does undertake to keep it's systems, whether hardware or software, updated to comply with the manufacturer's recommendations.

We cannot guarantee that the system will never be infiltrated by unauthorised users or hackers. Your data may not be secure against hackers & you take that risk. If you find evidence of infiltration, please let us know & we will take steps both to try & prevent it & to notify the proper authorities.

DataWarden expressly disclaim all implied warranties, including without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringenient, compatibility, security or accuracy.

Your use of DataWarden services is at your own risk. You accept full responsibility for such use & the risk of any loss resulting from your use of the system & the content of your backup folder. You also accept full responsibility for safeguarding your own data.

Not withstanding contrary clauses in this Agreement, in the event that DataWarden are deemed liable to you for breach of this Agreement, you agree that DataWarden's liability is limited to the amount actually paid by you for your backup cycle subscription during the backup cycle subscription period that the liability first occurred in. You hereby release DataWarden from any & all obligations, liabilities & claims in excess of this limitation.

11. Limit Of Responsibility

DataWarden does not accept any responsibility whatsoever for anything posted on the system (except by one of our staff) & you agree by using the system that DataWarden will not be liable for any direct, indirect, special, consequential, exemplary or punitive damages or losses which are incurred in connection with the use of the software or system even if DataWarden have been advised of this possibility & you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds & you agree to indemnify DataWarden & hold DataWarden harmless from & against any & all reasonable claims, proceedings, damages, injuries, liabilities, losses, costs, & expenses (including reasonable legal defence & other legal costs) incurred as a result of your actions on the system or materials of information transmitted by you in connection with the system. This means that you may have to pay us where claims are made against us or our system by other callers or third parties.

You agree to indemnify DataWarden from & against any & all liabilities, expenses (including legal fees) & damages arising out of claims based upon or relating to your writings on DataWarden or your use of the DataWarden Online Backup Service, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service, non-supply, fraud, infringement of intellectual property or other rights or other claims whatsoever.

DataWarden will notify you promptly of any claim for which DataWarden seeks indemnification at the currently supplied address. DataWarden will afford you the opportunity to participate in the defence of such claim, provided that your participation will not be conducted in a manner prejudicial to DataWarden's interests, as reasonably determined by DataWarden &/or their lawyers.

12. Notices & Consents

Notices given by DataWarden to you will be given by e-mail or by general posting on the DataWarden website, as deemed appropriate.

In any matter requiring DataWarden's prior consent, such consent must be given in writing by an authorised representative of DataWarden. Notices given by you to DataWarden may be given by e-mail & may be confirmed by conventional mail.

Notices to DataWarden may be sent by you to DataWarden's e-mail address given below or conventional mail & may have to be confirmed by conventional mail.

13. Assignment of Rights

Neither party will assign this Agreement or any benefits or interests arising under this Agreement without the prior written permission of the other party.

14. General Terms & Law

If DataWarden suspect Illegal Activity, we may notify the authorities & reserve the right to do anything on the system which our solicitors advise us to do in the protection of the system. We reserve the right to retain a master decryption key which allows us (under legal obligation) to decrypt any files stored on our servers.

This Agreement is governed by the laws of the United Kingdom, & you consent to the exclusive jurisdiction & venue of the Central London County Courts or the London High Court in all disputes arising out of or relating to your use of the DataWarden Online Backup Service.

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you & DataWarden as a result of your use of DataWarden. You agree not to hold yourself out as a representative, agent or employee of DataWarden. You agree that DataWarden will not be liable by reason of any representation, act or omission to act by you.

DataWarden's performance under this Agreement is subject at all times to existing laws & legal process & nothing contained in this Agreement is in derogation of DataWarden's right to comply with law enforcement requests or requirements relating to a Subscribers use of DataWarden or information provided to or gathered by DataWarden with respect to such use.

15. Severability

If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continue in full force & the effect of the remainder of them will not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice).

16. Entire Agreement

This Agreement constitutes the entire agreement between DataWarden & you with respect to your use of DataWarden & the DataWarden subscription, & it supersedes all prior or contemporaneous communications & proposals, whether oral or written, between DataWarden & you with respect thereto. Each party confirms that it has not relied on any representation not recorded in this document inducing it to enter into this Agreement.

17. Contact Addresses

DataWarden does not in general provide a postal service, other than for returns. However, there are provisions in place for exceptions to the general rule. We advise & actively encourage you to contact us via our contact form or through your members Customer Service contact area. If necessary we will provide an addressee name & contact address through the customer services area.

Our registered office is as follows:- D.H. Timms, Certified Accountants, 11A Halesowen Road, Netherton, West Midlands, DY2 9QG.

In any event you can correspond by conventional mail at this address. Correspondence is collected periodically. DataWarden will provide response within 28 days of receipt of your letter, which begins when your letter is collected from our registered office. We may respond to you via e-mail, the Customer Services contact area of your DataWarden account or via conventional mail. We reserve the right to use the method most appropriate.

18. Goods Returns policy

When a product is dispatched it has undergone quality assurance checks to ensure that it suitable for sale. It is required that goods are signed for when they are received by you.

If you decide you no longer want the goods you have 7 (seven) days to return them to us. Delivery charges are not refunded.

Due to the individual nature of each order, an administrative charge of 20% of your total order value is levied against your refund.

You must notify us of your refund request within 48 hours of receipt of your order & agree to points 18.1 - 18.8 below.

18.1 You agree that the 7 day period begins when you sign to receive the order.

18.2 To update the appropriate order confirmation ticket requesting a refund & the reason for which you are requesting the refund. This is found in your DataWarden customer services area.

18.3 To return to us the unwanted order in an unused state.

18.4 If your order has CD or other media in it the packaging & seal must be unbroken.

18.5 Goods must be returned to us in packaging suitable for the purpose.

18.6 Return postage is payable by you.

18.7 If you require proof of receipt of your return it is your responsibility to choose the appropriate postal method when you return the order to us.

18.8 Where there is dispute of the return being received, DataWarden will only acknowledge receipt of your return if you requested an acceptance signature & can provide this to us.

If clauses 18.1-18.8 are not completed & where necessary we have made reasonable attempt to make good the situation your refund right may be refused.

If an order is dispatched, but not received by you, we will re-send your order at our discretion, or after confirmation of non-delivery from our delivery agents.