SiteGround Terms of Service

The following Terms of Service (“TOS” or “Agreement”) apply to your use of our website and all Services and/or content provided by SiteGround Spain S.L., a company registered and existing under the laws of the Kingdom of Spain, with CIF: B-87194171, with registered address at: Calle Prim 19, Madrid 28004, Spain (“SiteGround”, “we”, “us”, “our”). SiteGround is the trade name of SiteGround Spain S.L. The terms “you”, “your” or “customer” shall refer to any individual or entity who accepts these TOS, has access to the Customer Account or uses the Services and/or our website. These TOS are effective as of the date of: (i) your use of our website, or (ii) your acceptance of these TOS (“Effective Date”). By using our website and/or using/purchasing one or more Services from SiteGround, you declare that you have read, understood and agree to be bound by these TOS. The latest version of our TOS is always available on the SiteGround website. It is essential that you read these TOS prior to purchasing any Service(s) from SiteGround.


1. APPLICATION OF TERMS

1.1. These TOS apply to all Services provided by SiteGround to you throughout the entire Term, unless otherwise described on the respective Service Page or Service-specific terms. These TOS consist of the following documents: Terms of Service, Acceptable Use Policy (“AUP”), Domain Name Agreement, Privacy Policy, Cookies Policy and Data Processing Agreement. Collectively these documents are referred to herein as the “TOS”. 

1.2. These TOS, together with your Order, represent the entire Agreement relating to the ordered Services and supersede any other agreement previously established between you and SiteGround in relation to the Services. 

1.3. Services agreements, additional terms and/or policies may apply to certain Service(s) or content provided by us and are in addition to these TOS, except as otherwise described therein. In the event of a conflict between the provisions of such services agreement or terms or policy and the provisions of these TOS, the provisions of the applicable services agreement, terms and/or policy shall prevail.

1.4. In these TOS we mention certain legal rights you have, if you are a consumer. These TOS do not affect or change these legal rights. For the avoidance of doubt, if you use the Services for business purposes, you expressly acknowledge and agree that you will be considered a non-consumer under this Agreement. Consequently, statutory consumer protection laws and regulations shall not apply to the terms and conditions outlined herein.


2. ORDER. APPROVAL OF ORDER BY SITEGROUND

2.1. In these TOS the purchase (including renewal) of Service(s) is referred to as an “Order”. First-time customers may purchase/order the Service(s) through our website. Existing Customers may purchase Services through the Client Area.

2.2. You must be at least 18 years of age at the time you place your Order. By submission of an Order you declare that you (i) are at least 18 years old, (ii) have the legal capacity to enter into an agreement with SiteGround, (iii) are not barred from purchasing and/or using Service(s) under the laws and sanctions lists of the applicable jurisdiction(s), and (iv) meet the conditions for purchase and/or use of the Service(s), as specified on the respective Service Page or Service-specific terms.

2.3. If you place an Order on behalf of a legal entity, you represent and warrant that you have the legal authority to bind such legal entity to these TOS. In the event that SiteGround establishes that you do not have the legal authority to bind such a legal entity you will be personally liable for the obligations under these TOS.

2.4. By placing an Order to purchase the Services you represent and warrant that: (i) you are not restricted to enter into an agreement with SiteGround; (ii) you comply with applicable trade, economic and financial sanctions laws, regulations, embargoes, and/or restrictive measures; (iii) neither you nor the entity you represent are a resident in or incorporated under the laws of a sanctioned country or designated on any sanctions list; and (iv) you are not subject to any other restrictions, imposed by an authority under the laws of the applicable jurisdiction.

2.5. You understand and agree that all Orders may be subject to automated compliance checks to determine if they meet our financial, security and other reasonable criteria (“Fraud Screen”). If your Order is flagged for review by any of these checks, we may request additional information from you in order to confirm whether we approve or decline it. We will use commercially reasonable efforts to review such Orders in a timely manner, but we are not liable for any delays.

2.6. Orders that fail our Fraud Screen will not be approved and Service(s) will not be activated. If your Order fails to pass the Fraud Screen, you will receive a notification that your Order has been cancelled. No further details regarding the Fraud Screen check will be provided. In case your Order is cancelled and Service(s) are not activated, SiteGround will reimburse you for any pre-paid fees within 7 business days as of the date of SiteGround’s notification to you that your Order was cancelled, or by the end of the calendar month in which SiteGround’s notification was issued, whichever period is longer. We have no liability for payment of any indemnification, compensation for damage or claims related to such cancelled Orders. No interest or other charges will accrue on any pre-paid fees.

2.7. Orders that pass our Fraud Screen will be approved and you will be duly informed of the Order approval via email. The term for each Service you purchase is hereinafter referred to as a “billing cycle”. The billing cycle shall be set out on the Order and will commence as of the date of the Order approval (“Initial Term”). Upon expiry of the Initial Term the Service(s) can be renewed as described in our Renewal Policy (Section 8 of these TOS) for a certain period of time (“Renewal Term”) or may be terminated, as described in these TOS. For avoidance of doubt, “Term” shall include the Initial Term and any Renewal Term. 


3. PERSONAL DATA PROCESSING

In order to purchase and use the Service(s) you have to provide certain personal data to SiteGround. Please refer to our Privacy Policy, Plugins Privacy Notice and Data Processing Agreement for complete information on what personal data we collect, how we process it and with whom we share it.


4. SERVICES

4.1. For the purposes of these TOS “Service” or “Services” means any and all services provided by or purchased via SiteGround under these TOS including, without limitation, any of our subscription plans for hosting services, email marketing services, CDN services, additional features, website migration services, website security services, domain name registration services, support services, third-party products and/or services and any other services which may be provided from time to time as set out on the portion of our website describing the Services (“Service Page(s)”).

4.2. We may modify, update or upgrade the Services and/or add, remove or modify any software, functionality or configuration installed on or used by the Services at any time with or without prior notice. If such modification, update or upgrade results in a major change(s) of the functionality of the Service(s) purchased by you, we will notify you of the major change(s). You may object to such major change(s) by terminating the Agreement immediately upon written notice to SiteGround within 10 calendar days of being informed of the major change(s). You will bear ultimate responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your hardware, software as well as any other items you deem necessary to use the Services shall be compatible with the Services. We will not be obliged to modify the Services to accommodate your use.  SiteGround may transfer your hosting account and/or Customer Account 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 Services 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 hosting account to a new data center. If the change of the data center results in storing the customer data located in your hosting account in a different jurisdiction, you may object to such a change by terminating the Agreement immediately and upon written notice to SiteGround within 10 calendar days of being informed of the change of the data center.

4.3. The proprietary and third-party software made available for use as part of the Service(s) will be provided as-is and the Service(s) will be subject to availability and all warranty disclaimers and limitations of liability set out herein. Links to the terms and conditions concerning third-party Services we offer are incorporated by reference in an appendix to these TOS. Upon acceptance of these TOS, you represent and warrant that you have read, understood and agree to be bound by the terms and conditions governing the third-party Services you order through SiteGround.

4.4. We may assign an Internet Protocol (“IP”) address for your use. You shall have no right to use that IP address except as permitted by SiteGround in our sole discretion in connection with the use of the Service(s). You do not have any ownership right over any IP address assigned to you by SiteGround. We reserve the right to change or remove any and all such IP addresses in our sole discretion. You acknowledge and agree that shared IP addresses assigned to you by SiteGround may be used by other customers as well.

4.5. We provide certain Services designed to filter unwanted email. You acknowledge and agree that email filtering may result in the capture of some legitimate email and the failure to capture some unwanted emails that may contain spam, phishing scams and viruses, and that we assume no liability or responsibility for your failure to receive an email or for receipt of some unwanted emails. We recommend that you implement additional levels of protection. Email that is captured by our filtering system is not subject to our Hosting Service Uptime Guarantee, as described in Section 5 below.

4.6. We may use artificial intelligence (AI) models and tools and integrate them into the Services for various purposes. We will disclose any such use on the respective web page or in other appropriate manner.

4.6.1. You hereby declare that you are solely responsible for the content you submit or upload to the AI models and tools integrated into the Services (the “Input”), and that such Input does not violate any applicable laws and regulations, third-party rights and/or these TOS.

4.6.2. You acknowledge and agree that due to the nature of the machine learning technology behind the AI models and tools some results generated from your Input (the “Output”) may not be accurate, appropriate, complete and/or unique. SiteGround makes no representation or warranty as to the reliability, quality, accuracy or appropriateness of the Output generated, incl. whether such Output may infringe any third-party rights. We shall not be held liable or responsible for your use of the Output or for any omissions or errors contained in the Output. We encourage you to independently evaluate the Output before relying on it.

4.6.3. We may engage third-party service providers to provide the AI models and tools. You acknowledge and agree that such third-party providers may store and use your Inputs and Outputs for the purposes of provisioning the AI models and tools, incl. for development, training and improvement of such AI models and tools. SiteGround does not make any representations and warranties as to the accuracy, completeness and error-free performance of the AI models and tools provided by third parties. We strongly advise you not to include any proprietary, confidential, or personal information in your Input.


5. HOSTING SERVICE UPTIME GUARANTEE

5.1. SiteGround’s Hosting Service Uptime Guarantee sets out the level of availability of the hosting Services you can expect from us. To the maximum extent applicable under national law and without affecting your rights as a consumer, this Hosting Service Uptime Guarantee is your sole and exclusive remedy for downtime - a period of time during which your website is unavailable due to a network, software, infrastructure or equipment failure.

5.2. We guarantee a hosting Service uptime of 99.9% on a monthly basis. If we fall below the guaranteed hosting Service uptime, you may request via the Client Area a compensation amounting to 5% of your hosting Service fees paid for the respective month. Any such compensation may be used solely for extension of the term of the respective hosting Service. 

5.3. The following events do not count towards our calculation of a hosting Service uptime:

  • Scheduled maintenance;

  • Emergency maintenance, infrastructure and software failure remedied under 1 hour;

  • Downtime caused by DNS and/or IP address changes for which you have been notified, but you failed to set your configuration;

  • Distributed denial of service (DDoS) attacks, hacker attacks, and other similar events;

  • Downtime caused by your actions or inactions, your own configuration, or third-party applications you use;

  • Downtime caused when you reach the maximum resources allocation for your plan;

  • Downtime caused by your violation of these TOS or any other policy announced on our website;

  • Downtime during upgrade/downgrade of your Cloud resources; 

  • Downtime during processing of your technical support request(s); 

  • Downtime caused by your use of any Beta Service or Beta Services’ network, software or equipment failure, or

  • Force majeure or any event beyond our control.

5.4. Our calculation of the hosting Service uptime is based on our internal records. We will not accept third-party reports as evidence that you are entitled to compensation under our Hosting Service Uptime Guarantee.


6. BETA SERVICES

SiteGround may offer from time to time new features to existing Services or new Services in a pre-release version (“Beta Service(s)”). If you choose to use any Beta Services, you acknowledge and agree to the following:

6.1. To the maximum extent allowed by applicable law and without affecting your rights as a consumer, you acknowledge and agree that Beta Services are provided “as-is”, may not operate properly and you assume all risks and liabilities arising from and/or relating to your use of and reliance upon those Beta Services, and that SiteGround makes no representation or warranty with respect thereto. 

6.2. SiteGround may modify, change or discontinue the Beta Service(s) or any of its features at any time at its sole discretion, with or without notification, with immediate effect. In the event that you no longer have any active Service with SiteGround, your use of Beta Services may be terminated without notification. 

6.3. After a Beta Service is discontinued, SiteGround may at its sole discretion provide to all customers which had an active Beta Service at the date of discontinuation, the release version of the Service, which was in Beta period, at no additional cost for a certain period of time (“Release Version Trial Period”). You understand and agree that such a release version of the Service may never be provided, or that its features may substantially differ from the Beta Service. You understand and agree that once any such Release Version Trial Period is over, the release Service will be automatically activated for a period of time against a fee specified in the Client Area and/or the Beta Service initial activation page or as otherwise specified on our website. You can modify the purchase settings for the release version of the Service in your Client Area at any time after the activation of the Release Version Trial Period. 

6.4. SiteGround may collect various data, including analytics, about how you use and interact with the Beta Services. You acknowledge and agree that you shall not disclose any information regarding your use of the Beta Services to a third party or use such information for any purpose, other than providing feedback to SiteGround, and that SiteGround may use such information for any purpose, including product development purposes, and may make your feedback available to the public, including but not limited by publishing it on our website, social media accounts, or incorporating it in our marketing materials. 

7. FEES AND PAYMENT

7.1. You are responsible for paying the fee(s) set out on the Order in full, in the currency specified on the Order. You acknowledge and agree that all fees must be paid in advance for the entire Initial Term or Renewal Term, otherwise the Service(s) will not be activated or renewed. 

7.2. The current fee(s) and payment method(s) are listed on our website. SiteGround reserves the right to change the fees at any time. Changes in fees shall be effective immediately and will apply for you as of your next purchase. In case such a change affects the renewal price of your Service(s), SiteGround shall inform you in advance prior to your Service(s) renewal date. You may object to such a change by cancelling the affected Service(s) immediately or switching off the auto renewal setting for the affected Service(s). 

7.3. All fees listed on our website are net of applicable taxes, unless explicitly stated otherwise. You are responsible for all taxes levied on the Services. 

7.4. In certain cases, the issuer of your payment method may charge you a foreign transaction fee or other fees, which may be added to the final amount that appears on your bank statement or posted as a separate charge. SiteGround has no control over and is not liable for such fees.

7.5. In the course of the order process, in case of payment by card, you will be asked to provide your card information, which will be verified by a third party - a payment processor which processes your card information. By submitting an Order, you acknowledge and agree to the processing of your payment by such payment processor and you authorize SiteGround and its payment processor(s) to verify your card and charge it for the total amount of your Order. If the issuer of your payment method refuses to authorize the transaction to SiteGround, we will not be liable for non-provisioning the Service(s). You agree that we and/or our payment processors reserve the right to decline a transaction for any reason and neither we nor the respective payment processor will be liable to you or any third party regarding the same. 

7.6. In case of payment via PayPal or a similar online payment processor, immediately after submitting your Order you will be directed to the web page of the payment processor, where you will authorize the payment. Once the transaction is completed, you will be redirected to our website.

7.7. You acknowledge and agree that the processing of payments will be subject to the terms, conditions and privacy policies of the respective payment processor(s) in addition to this Agreement. Your payment details shall be stored by the payment processors to process payments for any Service(s) you purchase. 

7.8. Our obligation to provide the Service(s) depends on your payment of the fee(s). It is your responsibility to ensure that we receive timely payment of the fee(s). 

7.9. You are responsible for keeping at least one active payment method on file in your Client Area. We reserve the right to use an alternative payment method (if available in your Client Area) for the payment, if we determine that the primary one is not active for any reason. You can manage your payment method(s) in your Client Area.

7.10. You confirm that any payment method you use and/or add in your Client Area is yours or that you have been specifically authorized by its owner to use it for the purchase. 

7.11. In case of delay in payment of any fees(s) due, for whatever reason, we may continue to attempt to collect payment from the payment method on file, suspend, and/or terminate the Services and pursue the collection costs incurred by SiteGround, including without limitation, any court and legal fees and SiteGround's reasonable attorneys' fees. We are not responsible for any deleted or lost Customer Content that results from any suspension or termination of the Service(s).

7.12. You acknowledge and agree that if your card issuer supports Account Updater services or programs, we may participate in such programs or services. As part of these programs, your card issuer will send the payment processors updated information for your payment method(s) on file and we may automatically charge your new card without prior notification. Participation in such programs does not guarantee that we will receive payment of the fees due. It is your responsibility to pay all fees due.

7.13. Certain Service(s) may be available to you for free. Such Service(s) may only be used by you during the Term and may not be transferred to other SiteGround customers or to third parties. Upon termination of your Agreement such Service(s) will also be terminated. You acknowledge and agree that SiteGround may modify, terminate or make such Service(s) paid at any time during the Term. In case SiteGround makes such Service(s) paid, SiteGround will discontinue the provision of the respective Service(s) to you, until we receive payment of the fee(s) due.

7.14. We may offer a promotional, free trial period (“Free Trial Period”) for certain Services. Any Free Trial Period may include restrictions on use and/or limitations which will be described on our website. Upon expiration of the Free Trial Period, you will be charged at the regular price of that Service for a 12-month term, unless otherwise described on our website and/or modified by you via the Client Area during the Free Trial Period. We reserve the right to delete the information associated with а Service upon expiration of its Free Trial Period or if you cancel the Service during the Free Trial Period. 

7.15. Unless otherwise described on our website, in the event that we offer a free domain name as part of the Service(s) you order, you understand and agree that such an offer applies only to the first year of the Initial Term of your Order. Upon expiration of the first year of the Initial Term, the regular renewal fee(s) for the respective domain name shall apply. 

7.16. By accepting these TOS, you hereby authorize SiteGround to send you invoices electronically at the email address specified in your Client Area.

7.17. SiteGround and you agree to work together in good faith to resolve any billing disputes. If you contact your card issuer and initiate a “chargeback”, we may suspend the Service(s) until the dispute is resolved. To reactivate the Service(s), you must first pay all outstanding fees.

7.18. Refund requests are processed as set out in Section 9 below (Money Back Policy). We will apply any refund using the same means of payment as you used for the payment subject to refund, unless we have expressly agreed otherwise. SiteGround is not responsible for delays to refunds caused by payment processors/card issuers or expiration of the payment method.

7.19.  Should the Services be suspended or access to the Customer Account be restricted regardless of the reason, fees will continue to accrue until the termination of this Agreement.


8. RENEWAL POLICY

8.1. In order to avoid any interruption or outage of Service(s), all Services are by default set to renew automatically for the same period of time for which you last ordered them. You can switch on/off the automatic renewal, select another term and/or renew Services manually from the Client Area. 

8.2. All applicable terms for renewal of the Service(s), including Renewal Тerm(s) as well as the respective renewal fees are set out in your Client Area. You acknowledge and agree that at time of renewal the then current renewal fees shall apply and they may differ from the fees of your Initial Term. 

8.3. We will attempt to charge you for renewal of the Services for which automatic renewal is enabled at the then current renewal fee(s), as follows:

  • 5 days to expiration of all shared hosting Services on a billing cycle shorter than 12 months;

  • 15 days to expiration of all shared hosting Services on a 12-month or longer billing cycle;

  • 5 days to expiration of all cloud hosting Services, regardless their billing cycle;

  • 5 days to expiration of any other Services on a billing cycle shorter than 12 months;

  • 15 days to expiration of any other Services on a 12-month or longer billing cycle. 

8.4. If we cannot process an automatic renewal at the scheduled date, we may make additional attempts to charge your payment method(s) on file until the Service expires, is renewed or is cancelled. You acknowledge and agree that we shall not bear any responsibility and liability should the provision of Service(s) be suspended due to failure to receive payment, regardless of the reason. 


9. MONEY BACK POLICY

9.1. If you no longer need a Service you have purchased or are unsatisfied with its performance, you can cancel it any time. We recommend that any cancellation request be posted through your Client Area.

9.2. Our Money Back Policy covers initial and renewal Orders for shared and cloud hosting Services and most other Services we offer, except the Services listed in Section 9.6. below (all Services subject to refund are hereinafter referred to as “Refundable Services”). In case of discrepancy between (i) these TOS and (ii) the money-back terms described on the respective Service Page or in the respective Service-specific terms (if any), the latter shall prevail.

9.3. We will issue a full refund for the initial purchase of: 

(a) cloud hosting Services if cancellation is requested within 14 days from initial activation; 

(b) shared hosting Services and the rest of the Refundable Services if cancellation is requested within 30 days from initial activation.

9.4. We will issue a full refund for renewals of Refundable Services if cancellation is requested within 30 days from the date we receive the renewal payment and the Renewal Term has not started.

9.5. We will issue a partial refund for renewals of Refundable Services if cancellation is requested within 30 days from the date we receive the renewal payment and the Renewal Term has started. In such case we will refund the renewal fees less the fees due for the first month of the Renewal Term.

9.6. Our Money Back Policy does not cover third-party Services we offer and Services that are tailor-made to your needs. These include paid support Services, domain name registrations, paid SSL certificates, Sitebuilder plans, and other third-party Services we offer. In any case, domain name fees are not refundable and may be due upon cancellation, even if waived initially as part of a special promotion. 

9.7. Refunds are processed within 10 business days after a Service is cancelled.

9.8. To the maximum extent permitted by applicable law and without affecting your rights as a consumer, the Money Back Policy is your sole and exclusive remedy should you decide to withdraw from this Agreement.


10. UPGRADE/DOWNGRADE OF SERVICES

10.1. You can choose to upgrade or downgrade the Services at any time, subject to availability and as listed in your Client Area. 

10.2. All available upgrade options are subject to the fees set out on the respective Service Pages (“Upgrade Fee”). Upon upgrade of any Service eligible for upgrade, the Upgrade Fee covers the difference in fees between the two plans. Upon upgrade from a shared hosting Service to a cloud hosting Service you have to select a new term and any pre-paid amounts remaining from your previous Service will be prorated and applied as an extension to your new term.

10.3. You can choose to upgrade the usage of your cloud hosting Services by purchasing additional resources or by activating the auto-scaling feature. You will need to create an auto-scale event from your Client Area. Whenever an event occurs, the additional resources you selected will be automatically applied to your cloud hosting Service(s) and we will automatically charge you the respective Service fees for a term of one month. Resources that are not renewed will be scaled down upon expiration of their term. You understand and agree that scaling down the RAM of cloud hosting Services requires reboot of the cloud instance and results in downtime.

10.4. You can choose to downgrade а Service only if:

  • the Service was not previously upgraded from that plan because it had exceeded the parameters of that plan; and

  • your content does not require а server functionality setup different from the standard server functionality setup. Different server functionality setup includes, but is not limited to, space size, installation of special PHP or Perl modules, open specific ports, different MySQL versions, and/or SSH access.

10.5. You acknowledge and agree that we may refuse to process your downgrade request if your account does not meet the conditions for a downgrade or if in our reasonable opinion the new plan is not suitable for your website. Any additional or free Services that are not included in or are not compatible with the new plan will be terminated. Upon downgrade we will prorate the difference in fees between the two plans for any full months remaining from your Term, and will apply that as extra time to your new plan, subject to the limitations described on our website (if any). If no full month remains, the Service will keep its current Term.


11. CUSTOMER ACCOUNT

11.1. If you are a new customer, upon purchase of the Services we will create a customer account (“Customer Account”) for you. Your Customer Account contains your personal details and grants you access to your Client Area where you can access, review, and manage the Services, payments and update your information.

11.2. You will be solely responsible for the security of your login credentials for access to the Client Area and your Customer Account. You shall keep all passwords confidential and take security measures to prevent unauthorized access to them by third parties. For security purposes, SiteGround highly recommends that you keep different login credentials for different Customer Accounts and service providers, refrain from using any functionality that saves or stores your login credentials and regularly update your password.  

11.3. As an additional security measure, you may set up two-factor authentication (“2FA”) for your Client Area. Follow the instructions in your Client Area in order to enable/disable 2FA. If you choose to install and use a 2FA application on a device (e.g. phone or tablet) on which the operating system has been tampered with in any way, you do so at your own risk. 

11.4. You are solely responsible for the activity that occurs on your Customer Account, regardless of whether the activities are undertaken by you, your employees or a third party. You acknowledge and agree that SiteGround is not responsible for any loss you incur due to any unauthorized use of your Customer Account and for any consequences of your failure to secure your login credentials or in case you provide them to any third party. You shall notify SiteGround immediately of any breach of security or unauthorized use of your Customer Account to the following email address: compliance@siteground.es.

11.5. You are responsible for providing and maintaining true, current, complete and accurate information. We shall not be liable for any errors or damages caused due to your failure to do so, including in the event that we grant access to the Customer Account to another person. If in our reasonable opinion we believe that the details listed in Section ‘Owner Profile Details’ of the Client Area are false or inaccurate, we reserve the right in our sole discretion to suspend access to or terminate your Customer Account and/or the provision of the Services and this Agreement.

11.6. For avoidance of doubt, the individual or entity whose personal data is listed in the ‘Owner Profile Details’ Section of the Client Area is considered by us to be the owner of the account (“Account Owner”) and the data contained therein (excluding the domain names, if any). Domain names are owned as set out in applicable ICANN rules, and we will assist domain registrants to the extent permitted by the applicable rules and regulations. If your Customer Account contains domain names registered with SiteGround in the name of a third party, and that third party (domain name registrant) requests access to the management of those domain names, we may comply with the domain name registrant’s instructions and provide them with access to the management panel of those domain names. If you purchase a domain name on behalf of a third party, and a dispute arises regarding your administration of that domain name, you agree to pay all registration fees during the time the dispute is pending. 

11.7. It is your obligation to ensure that you correctly indicate ownership of your Customer Account. If there is a dispute about ownership, the Customer Account may be locked until the parties to the dispute agree on a resolution, or until the matter is finally resolved judicially or through an arbitration procedure. SiteGround is not liable for any direct or indirect damages of any nature and type suffered by the customer or any third party, including, but not limited to, damages for loss of profits, cost savings, revenue, business, data or use, or any other pecuniary loss that may result from an ownership dispute or from the locking of the Customer Account.

11.8. In case a transfer of a website or a domain name to your Customer Account is initiated, you shall accept the transfer only where you have a legal ground to do so. 


12. USE OF SERVICES. CUSTOMER RESPONSIBILITY 

12.1. You acknowledge and agree that your use of the Service(s) and any Customer Content uploaded, stored, published and displayed on or through the Service(s) shall be in compliance with these TOS and all applicable laws. You shall implement any restrictions necessary in order to prohibit unauthorized access to the Customer Content by any third party or in any jurisdiction where such restrictions are required in order to comply with applicable laws.

12.2. You must ensure that each of the persons who visit, access, use and/or interact with your Customer Content (“End User”) complies with these TOS, and with any policies and agreements that are incorporated by reference.

12.3. You may not upload, store, publish and display on or through the Service(s) any personal data, private or any other personally identifiable information, images, videos of minors or of any third party, without lawful ground - for instance the consent of said party (or a parent's consent in the case of a minor). 

12.4. You shall not use the Service(s) for hosting websites for high-risk activities where the interruption or malfunction of the Service(s) could lead to serious consequences, including but not limited to personal injury, death, environmental damage, etc. You acknowledge and agree that we are not responsible for any liabilities arising from such use of the Service(s). Examples of high-risk activities include but are not limited to nuclear facilities, air traffic control, life and health support, etc. Please refer to our AUP for detailed information on the rules and guidelines for using the Service(s).

12.5. You declare that (i) you have technical knowledge necessary to ensure the proper use of the Service(s) and the administration and management of your Customer Account; (ii) you have sufficient knowledge about administering, designing and operating the functions facilitated by the Service(s) necessary to take advantage of them.

12.6. You acknowledge and agree that if you resell the Services or administer the use of the Services on behalf of others, you must ensure that each of your clients and/or End Users complies with these TOS. You understand and agree that you are responsible for all content uploaded, stored or transmitted on or through the Services and any acts or omissions of your clients or End Users that violate these TOS or the law.

12.7. When using the Services, you shall ensure that neither you nor any of your End Users make use of the Services to SiteGround’s detriment or that of other SiteGround customers.

12.8. You shall indemnify, defend and hold harmless SiteGround, and its officers, directors, shareholder(s), beneficial owner(s), employees, agents and representatives against any and all damages, claims, liabilities, losses and other expenses, including without limitation reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that arise directly or indirectly from your and/or your End Users’ acts or omissions.

12.9. You must obtain all equipment necessary to access and use the Service(s). It is your responsibility to use equipment, software or applications which are compatible with the Service(s). When accessing or using the Services you may not use equipment and/or software which are faulty or with malfunctions that may cause security issues with the server functionality, damage the integrity of the network and/or vulnerability of the Service(s). 

12.10. You are solely responsible for obtaining all intellectual property rights in the intellectual property of others, including, but not limited to, clearances and/or other consents and authorizations necessary to use the names, marks or any content, materials which are used by you on, or transmitted through the Services. 

12.11. If you use any third-party software on the Services, you warrant to SiteGround that you are duly licensed to use the software, and that the licence grants sufficient rights to SiteGround to provide the Services. You agree to provide us with such licence(s) upon request. If you fail to provide reasonable evidence of licensing, SiteGround, at our sole discretion, may suspend the Services and/or terminate the Agreement with immediate effect.  

12.12. You acknowledge and agree that SiteGround may periodically run a series of scripts (audit) on the Service(s) to determine what third-party software is installed on the Service(s) and how many users have access to each piece of software. You authorize us to disclose the results of such audits to third parties. You shall indemnify SiteGround against any costs, claims, losses, damages, liabilities, demands and/or expenses including reasonable legal costs incurred and/or suffered as a result of any failure by you to be properly licensed in respect of use of third-party software. 

12.13. You shall provide to SiteGround, at your cost, any information, resources or facilities reasonably requested by SiteGround for the delivery of the Service(s) and, where necessary, ensure that your employees, contractors and other suppliers cooperate fully and promptly with SiteGround to such aim.

12.14. Any instructions supplied by you to SiteGround must be complete, accurate and clearly legible. We shall not be liable for any errors caused by any failure from your side to provide complete and accurate information. It’s your obligation to follow our instructions and to cooperate with us for the proper provision of the Services. 

12.15. You acknowledge and agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software and related technologies, or Services made available through our Site, except where explicitly authorized by us.

12.16. You acknowledge and agree that any information, articles, tutorials, guidelines or technical support advice may be provided by us only for your convenience and do not constitute official statements. 


13. CUSTOMER CONTENT. MONITORING OF CUSTOMER CONTENT

13.1. You may upload, store, publish, display and disclose information, text, files, emails, images, designs, graphics, photos, videos, sounds, software and other content on or through the Services (“Customer Content”). Customer Content includes any content posted by you or by users of any of your websites hosted through the Services (“Customer Websites”). You are solely responsible for any and all Customer Content and any transactions or other activities conducted on or through Customer Websites. By posting or disclosing Customer Content on or through the Services, you represent and warrant to SiteGround that (i) you have all necessary rights to display and disclose such content, and (ii) your posting or disclosure of Customer Content does not violate the rights of SiteGround or any third party.

13.2. SiteGround shall not exercise control over and accepts no responsibility for Customer Content or any other information passing through the Services. SiteGround may monitor Customer Content, but is under no obligation to do so. In particular, SiteGround may conduct monitoring of Customer Content on a random basis or pursuant to third-party reports, requests, complaints or notices for the purpose of tackling dissemination of any illegal content or content in violation of our TOS. In any of these cases, we will conduct a human / technology review of the Customer Content in question and will analyse it in view of our TOS and applicable law. If any material part of your Customer Content is in violation of these TOS SiteGround reserves the right to review your Customer Content and immediately take any corrective action, i.e. impose restrictions, including without limitation removal of part or all of the Customer Content or Customer Websites, locking of your Client Area, suspension or termination of any and all Services with no refund. SiteGround will act in a diligent, objective and proportionate manner in applying and enforcing the corrective actions, with due regard to the rights and legitimate interests of all parties involved, including your fundamental rights such as freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms as enshrined in the EU Charter of Fundamental Rights. You hereby agree that SiteGround shall have no liability due to or arising out of any corrective action that SiteGround may undertake when such action is required under the applicable legislation or in order to prevent access to illegal content or other content infringing SiteGround’s AUP. 


14. TECHNICAL SUPPORT

14.1. Unless explicitly stated otherwise, we provide technical support for issues related to functionality of any Service(s) purchased from and provided by us. Our technical support is available for all customers and is provided on an as-is, as available basis.

14.2. You may request technical support through any of the support channels available in your Client Area. 

14.3. If you request technical support, you will be required to provide as much information as possible to help us investigate the reported issue and you agree and grant us full access to your Customer Account and/or Customer Content. It is your obligation to perform and store a backup of your data and files prior to requesting technical support. You are solely responsible for any instructions you provide to us as part of your technical support request. You understand and agree that any modifications we perform in order to address your technical support issue may affect the functionality of your website(s) and/or Service(s). It is your responsibility to ensure that your website is operational and the Services are configured to your needs once we complete work on your request.  

14.4. We retain the right not to process your technical support request(s), if: (i) you violate these TOS; (ii) you are abusive towards our employees, subcontractors or third-party service providers; (iii) the volume of your request(s) exceeds that of similarly situated customers or is outside the scope of our free technical support, as defined in Section 14.5 below; (iv) the need for technical support Services is due to any modification or attempted modification of the Services made by you or any third party outside of SiteGround’s control, or your failure or refusal to implement changes recommended by SiteGround. We may refuse to perform any request that requires changes not compatible with the Services or not related to them or that might create a security risk or deteriorate their performance.

14.5. Unless otherwise described on our website, we provide free technical support for the following issues related to our Services:  

  • Issues related to the functioning and functionality of any of the Services;

  • Issues related to the proper functionality of the Client Area, including tools and features provided by SiteGround, such as auto-update services, caching, staging, integration for currently supported SSL certificates, backup, control panels, CDN, DNS and other;

  • Assistance related to settings and proper usage of the tools and features provided by us;

  • Inquiries related to the registration, renewal, and transfer of domains to us, DNS or WHOIS records updates. For issues related to domain transfer from SiteGround to another hosting provider or registrar, our support is limited to ensuring the domain is transferable per the requirements for the respective domain extension.

14.6.  If you request technical support for issues outside the scope of our free technical support Services, described in Section 14.5, we may provide you with assistance at our own discretion, subject to availability and additional fees. Such issues include but are not limited to:

  • Issues related to the installation of third-party scripts/applications not provided by SiteGround;

  • Website related inquiries such as coding issues, database optimizations, benchmark tests, installation of new software on the server functionality, changing the current setup of the server functionality you use, etc.; 

  • Issues related to web design, web development and/or customization;

  • Inquiries related to the functioning of scripts, optimizations, SEO services, themes or extensions; 

  • Website security and/or speed audits and malicious code clean-up issues.

14.7. Some technical support Services may be provided against paid support credits. If such Service(s) are available for your Customer Account, a description of the Services as well as paid support credit pricing will be provided in the Client Area. If the time needed to handle your technical issue exceeds the average time that it takes to handle such technical issue for similarly situated customers, we may require additional credit purchase(s), subject to your prior confirmation. 

14.8. We will inform you, and receive your consent, prior to charging you for technical support. Fees for technical support, respectively - for support credits, must be paid in advance.


15. BACKUP SERVICES

15.1. You acknowledge and agree that it is your responsibility to regularly backup all your Customer Content in order to prevent potential data loss. We will use good faith efforts to backup data stored on your hosting account(s). We will not backup files holding temporary or transient data which cannot be restored in a useful state.

15.2. You agree that you will keep independent backup copies of your hosting account(s) in addition to those we maintain. If you purchase paid backup Services from us, you acknowledge and agree that due to technical reasons a backup copy may not be available for restore upon your request. Examples of technical reasons include but are not limited to excessive number of files in the backup, backup software failure, storage failure or corrupted backup files.

15.3. You can order paid backup Service(s) or paid backup restore Service(s) from your Client Area. We keep a limited number of backup copies of your hosting account(s) as set out on the respective Service Page. If you upgrade/downgrade the Services, we may delete old backup copies created on your previous hosting plan and start new daily backups of your data.

15.4. You shall notify us through your Client Area in case of backup Service malfunctions and allow us reasonable time to resolve the issue. If we provide data to you from a backup, it will be provided as raw data, and you may be required to reformat that data so that it reflects a prior configuration or use. If you purchase paid backup Services from us, we will restore your data from a backup copy.

15.5. To the maximum extent applicable under national law and without affecting your rights as a consumer, our backup Services are provided “as-is” and are subject to all limitations of liability set out in these TOS.


16. SITEGROUND CONTENT. INTELLECTUAL PROPERTY RIGHTS

16.1. SiteGround retains all rights, title, and interest in and to the Services it provides, including the ownership of any intellectual property rights related to the provision of such Services. These TOS do not grant you any right to reproduce, modify, distribute, publicly display, or perform the software included in the Services or any other right to the Services not explicitly set forth herein. All trademarks, graphics, images, videos, templates, software (including updates, improvements, modifications, and enhancements), script, source code, and other content that are part of the Services (“SiteGround’s Content”) are owned by or licensed to SiteGround. You acknowledge and agree not to modify, copy, reproduce, download, transmit, distribute, sell, licence, publish, broadcast, create derivative works from, or store SiteGround’s Content without our express prior written consent.

16.2. Unless otherwise set out in the Agreement, you represent and warrant that you own or have otherwise obtained all necessary rights and permissions over the Customer Content. You also represent and warrant that your Customer Content and its use will not violate any applicable law and  third-party rights. You grant us a limited, non-exclusive, royalty-free, worldwide, transferable, sublicensable licence to reproduce, modify, use, disclose, distribute, and display the Customer Content to provide the Services. We may use and disclose the Customer Content in an aggregated and anonymised form for legitimate business purposes (e.g., service maintenance and improvement, research, etc.).
16.3. You are welcome to provide us with a testimonial for the Services in connection with your use of the Services. If you submit feedback to us concerning your ideas and suggestions related to the Services, we shall have the right to use that information to improve our business processes. You have no right to any intellectual property based on an improvement to our business based on this feedback. You acknowledge and agree that we may, at our discretion, use the testimonial to promote the Services.


17. THIRD-PARTY LINKS

17.1. Our website and Services may contain link(s) to other websites operated by or with content provided by third parties. We do not check, monitor or investigate third-party links and content for accuracy, appropriateness, reliability or completeness, and we are not responsible for any third-party websites accessed through the Service(s). If you decide to access any third-party website or to use any third-party content, you do so at your own risk. You understand and agree that SiteGround has no control over any such third-party websites or their content and will have no liability arising out of or related to your use of any third-party websites or their content. Unless otherwise described on our website, the existence of any third-party links does not constitute endorsement of such websites, their content, or their services and/or products. 

17.2. You acknowledge and agree that third-party links on our website may contain affiliate tracking and SiteGround may earn referral commissions for sales of certain paid services/products made via such affiliate links.  


18. WARRANTIES

To the maximum extent allowed by applicable law and without affecting your rights as a consumer, you acknowledge and agree that the Services are provided by SiteGround as-is and you assume all risks and liabilities arising from or relating to your use of and reliance upon the Services, and that SiteGround makes no representation or warranty with respect thereto. Except as provided in the SiteGround’s Hosting Service Uptime Guarantee, SiteGround hereby expressly disclaims all representations, warranties and conditions regarding the Services, whether express or implied, including any representation or warranty in regard to quality, performance, non-infringement, commercial utility, merchantability or fitness of the Services for a particular purpose. In addition, SiteGround expressly disclaims any express or implied obligation or warranty of the Services, that could be construed to require SiteGround to provide Services in such a manner to allow the customer to comply with any law, regulation, rule or court order applicable to the actions or functions of the customer. Without limiting the generality of the foregoing, we do not warrant that the Service(s) will meet any or all of your needs; will operate in all of the combinations which may be selected for use by you; or that the operation of the Service(s) will be uninterrupted, error-free or completely secure. No SiteGround employee, supplier or subcontractor is authorized to make any warranty on our behalf and if they make such warranties SiteGround shall not be bound by them. 


19. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, and without affecting your rights as a consumer, you agree that you will not under any circumstances, including negligence, hold SiteGround, its officers, directors, employees, licensors, agents, subcontractors and/or third-party service providers liable for any direct or indirect, incidental, punitive or consequential damages of any nature and type suffered by the customer or any other third party, including, but not limited to, damages for loss of profits, savings, revenue, business, data, or any other pecuniary loss that may result from: (a) delays, malfunctions, interruption in provision of the Service(s), suspension or termination of the Service(s) due to events beyond our reasonable control (for example: force majeure, third-party conduct/acts, including SiteGround’s licensors and suppliers, faults and malfunctions of the machines, software and other equipment, whether owned by us or our licensors/suppliers; acts and/or omissions made by customers and in contrast with the obligations undertaken under these TOS); (b) data loss due to equipment or software failure; (c) any information, data, content in or accessed through the Services or through our website; (d) any action, information or instruction provided as part of our technical support Services; (e) your use of our website and/or the Service(s); (f) property damage of any nature; (g) unauthorized access to or use of the Services. You agree that the foregoing limitations apply whether based on warranty, contract or tort or any other legal theory and apply even if we are aware or have been advised of the possibility of such damages. In no event we will be liable to you or any party claiming through you, in the aggregate with respect to any and all breaches, defaults, or claims of liability under these TOS or under any other agreement or document for an amount greater than the fees actually paid by you to us for the respective Service(s) during the twelve month period preceding a claim giving rise to such liability. No action, regardless of form, arising out of these TOS or out of the Services may be brought by you more than twelve months after the event which gave rise to the cause of action. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages or limitation on liability for negligence that causes death or personal injury. You agree that in those jurisdictions, our liability will be limited to the extent permitted by law and your rights as a consumer will not be affected.


20. INDEMNITY

You acknowledge and agree to indemnify, fully compensate, defend and hold harmless SiteGround, our affiliates, subsidiaries, parent and related companies, licensors and any third-party service providers and each of their respective officers, directors, employees, shareholders, beneficial owners and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to: (i) your use of our website and/or the Services; (ii) any violation by you of these TOS, our policies or documents which are incorporated herein, or any law; (iii) any breach of any of your representations, warranties or covenants contained in these TOS or additionally made to us; (iv) your violation of any third-party right, including but not limited to any intellectual property or other proprietary right; and/or (v) any acts or omissions by you. For the purpose of this clause only, the term “you” as set out in subparagraphs (i) through (v) includes you, End Users, visitors to your website, and users of your products or services. The terms of this Section shall survive the termination of the Agreement.


21. TERMINATION

21.1. You may terminate a Service at any time through the Client Area (“Cancellation Request”). We will send you an email confirmation to acknowledge your completion of the Cancellation Request (“Cancellation Confirmation”). If you fail to complete all steps of the Cancellation Request, or if you fail to use a Cancellation Request to terminate the Services, the Services will not be terminated, and fees will continue to be charged. You must follow this procedure in order to terminate each Service. Once you complete a Cancellation Request, we will process it and issue a refund, if applicable, as set out in our Money Back Policy. 

21.2. If you are a consumer, you have the right to withdraw from this Agreement, informing us of your decision to withdraw through the Client Area (Cancellation Request) or by means of a clear declaration (e.g. a letter sent via post or email). You can also use the model withdrawal form enclosed below, which - however - is not mandatory. Subject to specific local regulations, German customers may also request such withdrawal by submitting the cancellation form available here.

21.3. You acknowledge and agree that any third-party Services offered by us, including domain name registration, is subject to suspension, cancellation, termination, transfer or modification pursuant to the terms of the respective third-party service provider. For domain name registrations such rules or policies include, but are not limited to: (i) the UDRP; (ii) any ICANN adopted policy; (iii) any registrar or registry administrator procedures; or (iv) any other ccTLD registry administrator procedures.

21.4. Without prejudice to the provisions laid down in other clauses of thеsе TOS, SiteGround shall be allowed to terminate this Agreement with or without notice with immediate effect if (i) you fail to pay any fees due; (ii) you breach these TOS, our AUP or any other policy incorporated herein by reference, or any applicable law; (iii) you repeatedly infringe any policy incorporated herein or announced on our website; (iv) in case of any action and/or omission, failure and/or malfunction caused by you or your End User(s) which damage the server functionality used as part of the Service(s) or other SiteGround customers; (iv) you exceed the Service-specific limitations set by us or the respective third-party service provider; (v) you disclose false or misleading allegations that may negatively impact our reputation; (vi) transfer all or part of your obligations and/or rights under this Agreement to third parties, without notifying us in advance; and (vii) you are abusive towards us, our employees, third-party vendors or subcontractors.

21.5. SiteGround may also terminate this Agreement by 30 days written notification as of the date of its receipt if (i) according to SiteGround's reasonable opinion, you do not have basic technical knowledge to use the Service(s) without excessive ongoing technical support; (ii) SiteGround determines in good faith that continued provision of the Service has become unfeasible for technical, legal, regulatory, economic or any other material reason.

21.6. SiteGround may discontinue provisioning of certain Service(s) or terminate this Agreement, if a third party ceases (i) the provision of the respective Service; (ii) to make components of the Service available to us or terminates the agreement concluded with us for the respective Service.

21.7. It is important to understand that certain Services are bundled together. As a result, termination of one of the bundled Services may result in immediate termination of the rest of the bundled Services. 

21.8. Upon termination of the Agreement, any information, data, content and files stored by you in your Customer Account shall be deleted. We may, but are not obliged to, keep backup data for terminated Services for up to 60 days after termination and provide you with access to that data upon request and subject to availability. IP addresses and server functionality resources are recycled. It is your obligation to ensure that you arrange to migrate your website(s) or Customer Content off the server functionality we use and relinquish use of the IP address assigned to you in connection with the use of the Service(s) prior to termination. We have no obligation to provide any Service(s) to you including forward to you any email(s) or provide any backup(s) following termination of the Agreement.

21.9. Model Withdrawal Form

If you wish to withdraw from this Agreement, please fill in the form below and send it back to us:

“To

SiteGround Spain S.L., 

Calle de Prim 19, 

28004 Madrid, Spain.

I/we(*) hereby withdraw from the agreement concluded by me/us (*) for the provision of the following services (*):

Activated on:

Name(s) of the consumer(s):

Address of the consumer(s):

Signatures of the consumer(s) (only in case of notification on paper)

Date

(*) Delete as applicable.”


22. COMPLAINTS AND NOTICES

22.1. If for any reason you wish to file a complaint regarding the Services and/or use of our website, and/or our compliance with the applicable laws, you may send your complaint to us via: (1) email at compliance@siteground.es, or (2) support ticket or chat through your Client Area (for Customers only), or (3) registered mail to the following address: SiteGround Spain S.L., Calle de Prim 19, 28004 Madrid, Spain. 

22.2. If you wish to submit a notice of illegal content, including copyright infringement and/or of violations of our AUP, please observe our Policy for submission of complaints/notices. 

22.3. All complaints and notices must be in writing and clearly indicate the name and contact details of the complainant/notifier. If you have relevant documentary evidence to support your complaint or notice, it should be еnclosed thereto. Evidence submitted should be as concise and relevant as possible.  

22.4. We will take care to review, investigate and respond to any complaint(s) and notice(s) fairly and thoroughly. SiteGround will provide a written answer within 10 business days from receipt of the respective complaint or notice. That period may be extended where necessary, taking into account the complexity of the matter and/or the volume of provided information. 


23. DISPUTE RESOLUTION. JURISDICTION

23.1. In the event of any dispute, controversy or claim arising out of or related to this Agreement, you and SiteGround shall use reasonable effort to settle such disputes or differences. To this effect, we shall consult and negotiate with each other with the aim to reach a solution satisfactory to each party.

23.2. Without affecting the competent jurisdiction rules applicable to consumer disputes, you agree that the Courts of Madrid, Spain shall have the sole jurisdiction over all disputes and other matters relating to the execution, interpretation, enforcement and termination of this Agreement or any other document entered into by the parties related thereto. 

23.3. Based on Regulation (EU) No. 524/13/EC, if you are a consumer you have the right to use the internet platform for the Online Settlement of Disputes between Entrepreneurs and Consumers (“OS-Platform”), established and operated by the EU Commission. The OS-Platform can be accessed at the following web page: http://ec.europa.eu/consumers/odr/. The internet platform for the Online Settlement of Disputes is applicable only for consumers.


24. COMMUNICATIONS

24.1. We will send notifications to you using the contact information in your Client Area. We may send you notifications by email, a ticket or a notification posted in your Client Area. We have no responsibility for notifications not delivered due to outdated or inaccurate contact information. 

24.2. Any notices to us related to issues governed by our Privacy Policy shall be addressed to our Privacy Team and Data Protection Officer who can be reached at dpo@siteground.es.

24.3. You may send us requests, claims, consents, waivers, demands or any other communication related to this Agreement by (i) opening a ticket through your Client Area; (ii) email; (iii) first-class mail; or (iv) internationally recognized courier.

Please address your notices to: 

SiteGround Spain S.L., 

Calle de Prim 19, 

28004 Madrid, Spain

Email: compliance@siteground.es

24.4. A communication within the meaning of Section 24.3. above shall be considered duly given and effective: (i) if sent by ticket, on the date the ticket is recorded in your Client Area; (ii) if sent by email, on the day when received in the designated email account; (iii) if sent by first-class mail, on the date of delivery by the appropriate postal service; (iv) if sent by internationally recognized courier, on the date of delivery by such courier.


25. GENERAL PROVISIONS

25.1. Translation. This Agreement, along with any documents incorporated herein by reference, is executed in the English language. Any provided translations are for convenience only, and in the event of a conflict between the English and translated versions, the English version will govern and take precedence to the extent permitted by law. 

25.2. Applicable law. This Agreement will be governed by and interpreted in accordance with the laws of the Kingdom of Spain. In case you are a consumer, the choice of law in the preceding sentence does not deprive you of the protection afforded to you by provisions of the law of your country of habitual residence that cannot be derogated contractually.

25.3. Waiver. If at any time during the term of this Agreement we fail to insist upon strict performance of any of your obligations under this Agreement, or if we fail to exercise any of the rights or remedies to which we are entitled under this Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any term of this Agreement shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing. 

25.4. Assignment. Successors. You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without prior written notification to us. Any assignments in violation of the foregoing shall be null and void and of no force or effect. You acknowledge and agree that SiteGround may assign its rights and obligations under this Agreement, and may engage subcontractors in performing its duties and exercising its rights hereunder, without your further explicit consent. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assignees. 

25.5. Independent Contractors. This Agreement is not intended to and does not create or constitute an agency, partnership, joint or collaborative venture, or franchise relationship between the parties. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.

25.6. Severability. If any one or more of the provisions contained herein or of the applicable policies of SiteGround shall, for any reason, be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such provision(s) will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law. You further agree and understand that the validity of or enforceability of any other provision (or of such provision, to the extent its application is not invalid or unenforceable) of this Agreement and the policies announced on our website shall not be affected.

25.7. Force Majeure. With the exception of customer’s payment obligations, neither party will be responsible for any interruption, delay or other failure to fulfill any obligation under this Agreement resulting from acts of God, storms, flood, riots, fire, acts of civil or military authority, war, terrorism, epidemics, pandemics, shortage of power, telecommunications or internet service interruptions or other acts or causes reasonably beyond the control of that party.

In the event of an occurrence of a Force Majeure, the party whose performance is affected thereby shall give to the other party notice of suspension as soon as reasonably practicable, stating the date and extent of such suspension and the cause thereof, and such party shall resume the performance of such obligations as soon as reasonably practicable upon the cessation of such Force Majeure and its effects.

During a Force Majeure event, you shall be entitled to seek an alternative provider at your own cost with respect to the affected Services. If a Force Majeure event continues to exist for more than 20 consecutive days, each party shall be entitled to terminate the Agreement for affected Services. 


26. CHANGE OF TOS

26.1. SiteGround may change these TOS at any time with notification (by email and/or in your Client Area) at least 15 days prior to the effective date of the changes.  

26.2. If you do not agree to the changes in these TOS, you may cease using our website and the Services and terminate this Agreement within 10 days as of the date of our notification. 

26.3. To the extent permitted by applicable law, continued use of the Services after you have received a notification for changes to these TOS will be considered as acceptance of such changes, unless you have sent us a termination notice within the 10-day period specified above. 

26.4. Where the change in these TOS is required by law or related to the addition of a new Service, extra functionality to the existing Service(s) or any other change which neither reduces your rights nor increases your responsibilities, these TOS will be changed without prior notification to you and shall have immediate effect. If you do not agree to the changes in these TOS, you may cease using our website and the Services and terminate this Agreement with a written notice to SiteGround. 


27. SURVIVAL

Sections 5, 6.1, 9.7, 12.8, 12.12, 15.5, 18, 19, 20, 23, 24, 25.2, 25.6 and 27 shall survive the termination of this Agreement.


APPENDIX A 

Third-party services and/or products offered by SiteGround

By ordering third-party services and/or products through SiteGround, you acknowledge and agree to comply with the terms of service of the respective third-party service providers listed below: 


Latest revision: January 29, 2024. Previous version may be found here.

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