Terms of Reference
Data Protection in a Box (“us,” “we” or “our”) Using our Services (the “service,” “our services”)
Terms & Conditions
The T&Cs will apply to any Contract between us for the supply of services to you (Contract). Please read the T&Cs carefully and make sure that you understand them, before ordering any Service from our Site. If you refuse to accept the T&Cs, you will not be able to order any Services from and must not use the Site.
We amend the T&Cs from time to time. Every time you wish to order Services, please check the T&Cs to ensure you understand the T&Cs which will apply at that time. T&Cs were most recently updated on 2nd January 2022.
The T&Cs, and any Contract between us, are only in the English language.
Information About Us
1.1 Kevin Ward IT Services, trading as Data Protection in a Box, is the owner and operator of https://www.dataprotectioninabox.co.uk/ (our website) and any applications and/or digital channels provided by us for the purpose of accessing our website, digital media, or other services.
We are a company limited by guarantee registered in England and Wales under company number 10506616. Our registered company address: Kevin Ward IT Services, 10a High Street, Chislehurst, BR7 5AN.
2.1 All Services are listed on our site. All services and advice giving is based on the information we are giving by you the customer. All services are advisory only. We do not accept any liability for any breaches or fines from the ICO or any other entities.
2.2 We use our reasonable endeavours to make sure that every Service is shown accurately on the Site and that prices are correct. However, occasionally there may be small variations in service for each customer.
How We Use Your Personal Information
4.1 You may only purchase Services from the Site if you are at least 18 years old.
How The Contract Is Formed Between You and Us
5.1 Our website will guide you through the steps you need to take to place an order with us. Please take the time to read and check your order.
5.2 After you place an order, you will receive an e-mail acknowledging that we have received your order.
5.3 Our Platinum Service has a minimum term of 12 months, after which will be considered a monthly rolling service with 3 months’ notice to cancellation.
Our right to vary the T&Cs
6.1 We amend our T&Cs from time to time. Our website will always list our latest version.
Your Consumer right of return and refund
7.1 You have a legal right to cancel a Contract (Platinum Service Only).
7.2 Your legal right to cancel a Contract starts from the date of your cancellation email confirmation.
7.3 To cancel a Contract please email email@example.com.
7.4 The notice period for cancellations is 3 months.
7.5. Any refunds will be transferred to you on the credit card or debit card used by you to pay.
Price of Services
8.1 The prices of the services will be as quoted on our Site at the time you submit your order. We take reasonable care to ensure that the prices of services are correct at the time when the relevant information was entered onto the system.
8.2. The price of a product does not include VAT.
8.3. All efforts are taken to ensure correct pricing on our website, if for any reason there are changes to service pricing, we will contact you before processing.
How To Pay
9.1 We offer all major credit card payments and PayPal.
9.2 Payment is required before we process your order. For Platinum Customers an invoice will be sent after month 1 until cancellation.
10.1. Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Site it is provided on an “as is” basis and to the best of our knowledge and understanding of your business and make no representation regarding the accuracy or completeness of the content of this Website. Further, no warranty is given that the Site shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
10.2. Access to and use of this Site is at your own risk. We do not warrant that the use of this Site or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We give no warranty regarding the functionality of the Site including without limitation that it will be available on an uninterrupted or error free basis; or that defects will be corrected; and no liability can be accepted in respect of losses or damages arising out of such.
10.3. Our aggregate liability in respect of all causes of action arising out of or in connection with the Product(s) or in connection with your use of the Site (whether for breach of Contract, in negligence or any other, under statute or otherwise at all) will not exceed an amount equal to the price paid or payable for the relevant Product. Where the breach does not relate to a Product purchased by you our liability shall be fully excluded to the fullest extent permitted by law.
10.4 We shall not be liable to you for any loss of profit; or loss of business; or depletion of goodwill and/or similar losses; or loss of anticipated revenue or savings (whether direct or indirect loss); or loss of Contract; or loss of use; or any special, consequential, indirect, or pure economic loss, costs, damages, charges, or expenses.
10.5. Notwithstanding anything in the T&Cs we do not exclude liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the T&Cs implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); (d) any breach of the T&Cs implied by section 13 of the Sale of Goods Act 1979 (description, satisfactory quality, fit for purpose and samples); and (e) defective services under the Consumer Protection Act 1987. 13.7. Except for any warranties expressly set out in the T&Cs and Conditions any warranties, conditions, or representations whether implied by statute or otherwise shall be excluded to the fullest extent permitted by law.
Events Outside Our Control
11.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An ‘Event Outside Our Control’ means any act or event beyond our reasonable control.
11.2. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: (a) we will contact, you as soon as reasonably possible to notify you; and (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Services to you, we will arrange a new date with you after the Event Outside Our Control is over.
Other Important T&Cs
12.1 When we refer, in the T&Cs, to “in writing,” this will include e-mail.
12.2 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under the T&Cs.
12.3 You may only transfer your rights or your obligations under the T&Cs to another person if we agree in writing.
12.4 This Contract is between you and us. No other person shall have any rights to enforce any of its T&Cs, whether under the Contracts (Rights of third Parties) Act 1999 or otherwise.
12.5 Each of the paragraphs of the T&Cs operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
12.6 If we fail to insist that you perform any of your obligations under the T&Cs, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. Please note that the T&Cs are governed by English law. A Contract for the purchase of Services through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. Both parties agree to that the courts of England and Wales will have non-‐exclusive jurisdiction. However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
13. All content published and made available on our Site is the property of Data Protection in a Box and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files, and anything that contributes to the composition of our Site.
Limitation of Liability
14. Data Protection in a Box and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses including legal fees from your use of the Site.
15. Except where prohibited by law, by using this Site you indemnify and hold harmless Data Protection in a Box and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities, and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
If you have any concerns about material which appears on the website, please contact firstname.lastname@example.org or write to us at the address given at the top of the T&Cs and Conditions
Copyright © 2021 Data Protection in a Box - All Rights Reserved.
Company No. 10506616