Premium Backup Service Terms

These Premium Backup Service Terms (“Terms”) govern your use of the Premium Backup Service provided by SiteGround Spain S.L., a company registered and existing under the laws of the Kingdom of Spain, with registration number CIF: B87194171, with a registered address at Calle de Prim 19, 28004 Madrid, Spain (“SiteGround”, “we”, “our”, “us”) and are effective as of the date of your electronic acceptance of these Terms. 

The terms “you”, “your” or “Customer” shall refer to any individual or entity who accepts these Terms, has access to and/or uses our Premium Backup Service. 

By ordering SiteGround Premium Backup Service you declare that you have read, understood and agree to be bound by these Terms. These Terms, together with your Order and the SiteGround Terms of Service (“TOS”) represent the entire agreement (“Agreement”) between you and SiteGround in regard to your use of SiteGround Premium Backup Service. In case of any discrepancies between the provisions of the TOS and these Terms the latter shall prevail with respect to any Premium Backup Service related matters. For matters, incl. capitalized terms, not explicitly specified herein the provisions of the TOS shall apply. 

1. Scope

The Service within the scope of these Terms is the SiteGround Premium Backup Service, which provides you with automatic daily and hourly backups, possibility to create extra on-demand backups (each automatic and on-demand backup referred to as a “Premium Backup”), and to restore and download these Premium Backups (collectively, the “Premium Backup Service”). All Premium Backup Service specifics are described on the respective Service Page. For the purposes of the Agreement, any reference to “Service” in the TOS shall be understood as a reference to the Premium Backup Service defined in these Terms.

2. Premium Backup Service Limitations

2.1. Each Premium Backup Service may be associated with only one website - the one listed on your Premium Backup Service Order (“Your Website”). In order to use the Premium Backup Service, Your Website shall be hosted by SiteGround. If the SiteGround hosting service for Your Website is terminated, your Premium Backup Service will be terminated, as described in Section 5.3. below. You are not permitted to associate your ordered Premium Backup Service with any other website. 

2.2. Each hourly Premium Backup is initiated one hour after the start of the previous one, unless the backup process for Your Website requires an extraordinarily long time (more than one hour). In such extraordinary cases, we may need to extend the interval between subsequent Premium Backups. Consequently, the total number of hourly Premium Backups and the interval between each may vary based on the time required for backup creation (e.g. due to the size of Your Website and other possible reasons, examples of which may be found here). 

2.3. Premium Backups may be available for restore and download only during the Term of the Premium Backup Service. You acknowledge and agree that, due to technical reasons, a Premium Backup may not be successfully restored. Examples of technical reasons include, but are not limited to, an excessive number of files in the backup, backup software failure, storage failure or corrupted backup files.

3. Premium Backups Location. Processing of personal data

3.1. To purchase and use the Premium Backup Service, you have to provide certain personal data to SiteGround. Please refer to our Privacy Policy for detailed information on what personal data we collect as a data controller, how we process it, and the reasons for processing it.

3.2. When we act as a data processor for the personal data included in your Premium Backups, the SiteGround Data Processing Agreement applies, along with the following specific provisions related to the Premium Backup Service: 

3.2.1. The Premium Backups will be stored on a different server functionality than the one hosting Your Website. The location of the Premium Backups depends on the location of your hosting account server functionality. More information about the Premium Backups locations may be found here. 

3.2.2. SiteGround may transfer your Premium Backups from one data center to another, or from one server functionality to another, including to such in another geographic location, or modify certain software configurations when deemed necessary by SiteGround in order to ensure the quality, continuity and security of the Premium Backup Service and/or the infrastructure. In cases where such transfer is done by SiteGround due to technical issues and/or in order to ensure the continuity and security of the Services, SiteGround may not be able to inform you prior to such transfer. In any other case of transfer to another data center, SiteGround will inform you at least 10 calendar days before moving your Premium Backups.

4. Money Back Policy

4.1. You can cancel the Premium Backup Service at any time through your Client Area. 

4.2. We will issue a full refund for the initial purchase of the Premium Backup Service if:

  • the cancellation request is made within 30 days of the Premium Backup Service initial activation; and
  • you have NOT used any of the Premium Backup Service features within that 30-day period, meaning you have NOT created any on-demand Premium Backup, have NOT restored any type of Premium Backup, and/or have NOT downloaded any backup (neither Premium Backup nor backup created as part of your hosting service). 

4.3. We will issue a full refund for the renewal of the Premium Backup Service if the cancellation request is made within 30 days from the date we receive the renewal payment and the Renewal Term has not started.

4.4. We will issue a partial refund for renewal of the Premium Backup Service if cancellation request is made within 30 days from the date we receive the renewal payment and the Renewal Term has started. In this case, we will refund the renewal fees less the fees due for the first month of the Renewal Term.

4.5. Refunds are processed within ten (10) business days after the Premium Backup Service is canceled.

5. Premium Backup Service Suspension and Termination

5.1. You acknowledge that your access to and/or use of the Premium Backup Service may be temporarily suspended or interrupted for the duration of any scheduled or unscheduled event. Such unavailability of part of or the whole Premium Backup Service may be due to reasons such as system interruptions or failures, natural disasters, power outages, or other acts or causes beyond our control. In no such event will SiteGround be liable for lost profits and/or loss of business and/or for any indirect, special, consequential, incidental, or punitive damages arising out of or related to such temporary suspension or interruption of the Premium Backup Service.

5.2. Without prejudice to the provisions laid down in other clauses of these Terms and the TOS, we will suspend the Premium Backup Service in any of the following events:

  • If the hosting service for Your Website is suspended, regardless of the reason. In such instances, the Premium Backup Service remains suspended until the expiration of its Term or until the hosting service is unsuspended, whichever occurs first; or 
  • If Your Website is suspended regardless of the reason. In such instances, the Premium Backup Service remains suspended until the expiration of its Term or until Your Website is unsuspended, whichever occurs first.

5.2.1. In any of the above-mentioned events, we will cease creating new backups (both Premium Backups and backups as part of your hosting service) and will delete the existing backups as follows:

  • One daily backup will be deleted each day from the date of the hosting service or Your Website suspension until only two daily backups remain, or until the hosting service or Your Website is unsuspended, whichever occurs first. 
  • One hourly Premium Backup will be deleted each hour from the date of the Premium Backup Service suspension until only two hourly Premium Backups remain, or until the Premium Backup Service is unsuspended, whichever occurs first. 

5.3. Without prejudice to the provisions laid down in other clauses of these Terms and the TOS, we will terminate the Premium Backup Service if you delete Your Website or in case the hosting service for Your Website is terminated because the Premium Backup Service is bundled together with the SiteGround hosting service for Your Website. 

5.4. Upon termination of the Premium Backup Service (respectively - the Agreement), we may, but are not obliged to, retain any Premium Backups for up to 90 days after termination. We are under no obligation to provide you with access to any Premium Backups following the termination of the Agreement.

5.5. The provisions of Section 5 shall survive the termination of the Agreement.

Published on JunŠµ 20, 2024

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