Terms of Service

DataGuard Terms of Service

1. Use

You may use this software to access our backup service for the storage and retrieval of your personal data files. Our software may not be dismantled, reverse-engineered, re-sold or otherwise employed for any other purpose. Your data is stored in one or more limited-access, discreet facility or facilities. DataGuard makes use of several security technologies to ensure the safekeeping of the data we receive from your computer. Our backup service is not intended to replace all backup strategies available. Our service is a supplement to your present setup, especially if your only means of backup is thumb drive, CD, tape, etc.

2. Requirements

In order to use our service, you must satisfy at a minimum the following requirements.

2a. An “always on” Internet connection such as high speed cable, Fiber Optic, VDSL, etc.

2b. Your Internet connection upload speed must be at least 3mbit/sec for backup sets no larger than 1GB. Greater upload speeds are required as file sizes scale upward.

2c. Your computer and Internet connection must be on and in working order for backups to properly execute.

DataGuard recommends a current anti-virus program be installed on the computer sending us files as we cannot apply a virus scan to the encrypted data you send us.

3. Limitation of Liability

This section outlines how Tekswift backs up your data and how environment variables may affect the information your computer sends to our backup servers.

3a. Encryption: We provide you with a secure (encrypted) medium to store data. You may choose your own private encryption key or a key which is automatically generated. You also have the option of storing your encryption key with us, allowing our technicians to service restoration requests more rapidly. Should you choose not to store your encryption key with us, we will not be able to recover any of your data in the event you misplace, or incorrectly record the key.

3b. Storage: Your data is stored and replicated in our secure server environment. We make cannot guarantee the validity or transmission of the data sent to our servers. Our systems will store the data in the exact state, and frequency in which it was received.

3c. Compatibility: Our backup software agent is designed to run on most hardware platforms and in an environment of common software programs. Should you employ our software on untested or unsupported platforms, you do so at your own risk. As such you agree to indemnify and hold harmless Tekswift Inc and its subsidiaries in the event of backup software failure due to conflicts arising from said variables.

3d. FORCE MAJEURE: Tekswift Inc and its subsidiaries shall be held harmless and bear no responsibility for the successful collection, transmission and/or composition of data due to fire, flood, computer viruses, power outages and other “Acts of God” where data cannot be sent, received or recomposed outside of our datacenter(s) and where the data received from the datacenter(s) may not be composed properly as a result of data being received in a corrupt state from your computer. Put simply, our backup technology will collect, store and transmit your data in the same condition which it is sent to us.

3e. Aggregate cash value of your data shall not exceed the value of your present, active data backup service plan.

4. Support

Tekswift Inc will provide installation support for your software as well as an initial configuration of backup schedule and target data based on your input. We will also check on your backup from time to time to be sure that it’s running as scheduled. If we observe missing backups from your computer, a technician will contact you directly to investigate. For clients with access to our remote services, we may elect to dial-in and update your software as time allows (no charge will be assessed for this method). Users who possess their own IT managers are urged to check with their provider to ensure backups are completing as-scheduled. Ongoing support, such as data maintenance (deleting old backups, purging deleted files) and recovery is provided via Tekswift Tier 1 support; thus a fee will be imposed outside the install and configuration scope.

5. Payment

We offer two payment plans, payable by cash, check or any major credit card.

5a. Monthly Payments: You may pay for your backup on a monthly basis. A major credit card is REQUIRED for monthly subscribers.

5b. Annual Payments: Subscribers can also submit a one-time (per year) payment in-full for their service. You may pay by cash, check or credit card.

5c. Our “5GB Free” promotional offer is good for personal users only. Businesses may qualify for a discounted 5GB plan for their first year of service. Check with your sales rep for more information.

5d. Non-Payment: Subscribers who fail to satisfy their service fees will be subject to automatic service cancellation and forfeiture of all previously backed-up data as described in CANCELLATION 6c.

6. Cancellation & Data Retention

Tekswift Online Backup is a subscription-based service. If you intend to cancel you must provide 30 business days advance notice. Your service will remain intact for a period not exceeding the last full month of payment. If you’ve paid ahead, all sums in excess of one month may be eligible for refund per the terms below.

6a. Refunds: You may cancel your backup account at any time and receive a pro-rated refund for any remaining portion of your unused annual service. At the time of your cancellation, a technician will measure your storage usage. If your usage at the time of cancellation is in excess of your prepaid plan amount, the remaining sum will automatically be deducted from your refund. Additionally, an early termination fee of not less than 25% of the pro-rated amount will be retained by Tekswift Inc in the event of early termination.

6b. Paid Data Retention: Should you cancel your service in a satisfactory manner (by notice or end-date of your service) your data will be held for a period of 30 calendar days. After 30 calendar days, your data will be permanently removed from our servers. We will accept additional backups sent to us from date of your service cancellation and onward. Backups sent to our server in this manner will constitute a renewal of your service and generate a new set of invoicing for your service.

6c. Non-Payment Retention: New backups will be refused when any unpaid invoice reaches a 30-day aging period from its issue date. Your backup service will effectively remain suspended until all invoices 30-days or more past due are satisfied. Suspended accounts will be permanently deleted if no payment is received for 60 calendar days. All unpaid sums will remain payable and may be referred to an outside agency for collection.

6d. Service Reinstatement: Data for any account which is reinstated after the 30-day period will have been permanently removed from our servers (per sections 6c.) and will not be recoverable should you decide to start your service again (after 31 calendar days and so on). Essentially, you’ll be starting with fresh backup sets.

7. Usage Fees

Your service fees are calculated monthly on the amount of space your data requires. This calculation is the sum of all files both active and deleted as well as their revision copies. The number of all copies is defined within your backup job itself, though this number is generally three revisions (3) for active and two (2) for deleted. All pre-paid accounts are pro-rated at the time of any billing increase. It is important to note that these pro-rated increases are necessary in order to keep your backups current. If for any reason your storage space is utilized at a lower plan tier following an upgrade, a corresponding discount will be applied to your renewal. Refunds are only given for plan cancellations where the account(s) are in good standing. See also:

Example: If your account is setup as a 5GB plan, which after six months has grown to 25GB in storage, your effective billing for the 25GB plan will reflect a discounted amount equal to the six months of service which were billed at the 5GB rate.

8. Addendum

Terms and restrictions are subject to change. Any changes are effective and in full force upon their date of publishing. You may link directly to this page by clicking here. These terms can change from time to time without any further notice.