Legal
Terms of Service
Terms that govern your use of cPBackup (cpbackup.net), including billing, acceptable use, and limitation of liability.
Last updated
14 January 2026
1) Who we are
The Services are operated by:
Legal entity: HostXNow
Trading name: cPBackup / cpbackup.net
Registered address: 582-586 Kingsbury Rd, Birmingham B24 9ND
Contact Form: https://cpbackup.net/contact.php
VAT number: EU372014432 (where applicable)
Notices email: legal@cpbackup.net
Legal entity: HostXNow
Trading name: cPBackup / cpbackup.net
Registered address: 582-586 Kingsbury Rd, Birmingham B24 9ND
Contact Form: https://cpbackup.net/contact.php
VAT number: EU372014432 (where applicable)
Notices email: legal@cpbackup.net
2) Definitions
“Services” means the cPBackup website, client portal, Backup Manager, backup storage, automation, and related features we provide.
“Customer Content” means any data you back up, upload, transmit, or store using the Services.
“Backup Job” means a backup task/run initiated by your configuration (schedule or manual run), including any transfer, storage, verification, and logging.
“Job Status” means the logs, status indicators, and error/alert messages shown in the client portal/Backup Manager.
“Peak usage” means your highest recorded storage usage within a billing month (where peak usage billing is stated).
“Billing cycle” means the recurring period you are billed for (typically monthly) as shown in your client area/invoice.
“Customer Content” means any data you back up, upload, transmit, or store using the Services.
“Backup Job” means a backup task/run initiated by your configuration (schedule or manual run), including any transfer, storage, verification, and logging.
“Job Status” means the logs, status indicators, and error/alert messages shown in the client portal/Backup Manager.
“Peak usage” means your highest recorded storage usage within a billing month (where peak usage billing is stated).
“Billing cycle” means the recurring period you are billed for (typically monthly) as shown in your client area/invoice.
3) Eligibility and accounts
You must be able to form a legally binding contract to use the Services. You must provide accurate account and billing information and keep it up to date.
You are responsible for all activity on your account, including safeguarding passwords, API tokens, and any credentials used to connect your source systems.
You are responsible for all activity on your account, including safeguarding passwords, API tokens, and any credentials used to connect your source systems.
4) What the Services do (and don’t do)
cPBackup provides offsite backup storage and automation for cPanel accounts and/or WHM reseller sources.
Backups are stored in the native/official cPanel backup structure to support restore-ready workflows.
Transfers and connections may use SSH/SCP for backup payloads and HTTPS for API calls, depending on configuration.
You are responsible for choosing backup scope, schedules, retention, and destination location, and for ensuring required access (API tokens, permissions, firewall rules, and connectivity) remains valid.
You acknowledge backups are not guaranteed to run without ongoing valid credentials and connectivity, and you are responsible for monitoring Job Status/alerts, taking reasonable steps to correct reported errors, and performing restores and restore testing.
You should maintain a layered backup strategy and keep independent copies of critical data rather than relying on a single backup system.
Backups are stored in the native/official cPanel backup structure to support restore-ready workflows.
Transfers and connections may use SSH/SCP for backup payloads and HTTPS for API calls, depending on configuration.
You are responsible for choosing backup scope, schedules, retention, and destination location, and for ensuring required access (API tokens, permissions, firewall rules, and connectivity) remains valid.
You acknowledge backups are not guaranteed to run without ongoing valid credentials and connectivity, and you are responsible for monitoring Job Status/alerts, taking reasonable steps to correct reported errors, and performing restores and restore testing.
You should maintain a layered backup strategy and keep independent copies of critical data rather than relying on a single backup system.
5) Your content and permissions
“Customer Content” means any data you back up or store via the Services. You retain all rights to Customer Content.
You warrant that you have all necessary rights and permissions to back up, store, and process Customer Content using the Services, including where it contains personal data.
You warrant that you have all necessary rights and permissions to back up, store, and process Customer Content using the Services, including where it contains personal data.
6) Acceptable use
You must not use the Services to store, transmit, or back up illegal, infringing, abusive, or malicious content (including malware). You must not attempt unauthorised access to the Services or other customers’ data.
We may suspend or terminate access immediately if we reasonably believe your use creates a security risk, violates the law, or breaches these Terms.
We may suspend or terminate access immediately if we reasonably believe your use creates a security risk, violates the law, or breaches these Terms.
7) Security and credentials
You should use least-privilege access, rotate API tokens periodically, and revoke tokens you no longer need.
You are responsible for generating, maintaining, and updating credentials required to connect sources (including keeping API tokens valid and updating them in the Services if they change), and for maintaining any required permissions and connectivity.
No system is perfectly secure. We implement reasonable measures, but you remain responsible for your own security posture.
You are responsible for generating, maintaining, and updating credentials required to connect sources (including keeping API tokens valid and updating them in the Services if they change), and for maintaining any required permissions and connectivity.
No system is perfectly secure. We implement reasonable measures, but you remain responsible for your own security posture.
8) Plans, configuration, locations, and pricing changes
Plan features and backup locations may be described in the ordering interface and may change over time. Some configuration choices (such as destination location) may be fixed per backup profile.
We may change plans, features, and pricing from time to time. Where changes are material, we will take reasonable steps to notify you (e.g., via email or the client portal). Unless required sooner for legal, tax, or security reasons, pricing changes apply from your next renewal.
We may change plans, features, and pricing from time to time. Where changes are material, we will take reasonable steps to notify you (e.g., via email or the client portal). Unless required sooner for legal, tax, or security reasons, pricing changes apply from your next renewal.
9) Billing, peak usage, and payment
Fees, billing cycles, and included usage are shown at checkout and in your client area.
Where stated, monthly storage charges may be calculated using Peak usage (your highest recorded storage usage within a billing month).
Example pricing (as shown on cpbackup.net): £10/month including 10GB, plus £1 per additional GB (based on peak usage).
If a payment fails or is overdue, we may suspend the Services until payment is received. Taxes (including VAT) may apply.
If a chargeback or payment dispute is raised, we may suspend the Services while we investigate.
Where stated, monthly storage charges may be calculated using Peak usage (your highest recorded storage usage within a billing month).
Example pricing (as shown on cpbackup.net): £10/month including 10GB, plus £1 per additional GB (based on peak usage).
If a payment fails or is overdue, we may suspend the Services until payment is received. Taxes (including VAT) may apply.
If a chargeback or payment dispute is raised, we may suspend the Services while we investigate.
10) Trials, refunds, cancellations, and service credits
If you cancel, your Services remain active until the end of the current paid billing period unless stated otherwise.
Unless required by law, payments are non-refundable for partially used periods.
If you believe you were billed incorrectly, contact support promptly so we can investigate.
Where we decide to offer a remedy (at our discretion and where permitted by law), it may be provided as a service credit rather than a cash refund.
Unless required by law, payments are non-refundable for partially used periods.
If you believe you were billed incorrectly, contact support promptly so we can investigate.
Where we decide to offer a remedy (at our discretion and where permitted by law), it may be provided as a service credit rather than a cash refund.
11) Suspension, termination, and deletion of data
We may suspend or terminate Services for non-payment, security risk, legal compliance, or material breach.
If you cancel the Services, you can typically choose either:
- Immediate cancellation (your Services/backups are queued for removal and are removed within the next 24 hours), or
- End of billing cycle (your Services/backups are removed at the end of your current billing cycle).
After removal, your backup data is permanently deleted and cannot be recovered.
You should export anything you need before cancellation/termination.
If you cancel the Services, you can typically choose either:
- Immediate cancellation (your Services/backups are queued for removal and are removed within the next 24 hours), or
- End of billing cycle (your Services/backups are removed at the end of your current billing cycle).
After removal, your backup data is permanently deleted and cannot be recovered.
You should export anything you need before cancellation/termination.
12) Support, maintenance, and availability
Support is provided via the support channels listed on the site/portal.
We do not guarantee uninterrupted availability. Scheduled or emergency maintenance may occur and could temporarily affect availability; where reasonably possible we will aim to minimise disruption.
We do not guarantee uninterrupted availability. Scheduled or emergency maintenance may occur and could temporarily affect availability; where reasonably possible we will aim to minimise disruption.
13) Third-party services
The Services may integrate with third-party platforms (such as cPanel/WHM) and rely on their APIs/behaviour. We are not responsible for third-party outages, changes, or failures outside our control.
14) Disclaimers
The Services are provided on an “as is” and “as available” basis, to the maximum extent permitted by law.
Backups can fail for many reasons (permissions, connectivity, source changes, resource limits, corrupted data, third-party outages, credential changes, or configuration issues). You should implement a layered backup strategy, monitor Job Status, and regularly test restores.
You should keep independent copies of critical data rather than relying on a single backup system.
Backups can fail for many reasons (permissions, connectivity, source changes, resource limits, corrupted data, third-party outages, credential changes, or configuration issues). You should implement a layered backup strategy, monitor Job Status, and regularly test restores.
You should keep independent copies of critical data rather than relying on a single backup system.
15) Limitation of liability
Nothing in these Terms excludes or limits liability that cannot be excluded under law (including death/personal injury caused by negligence, fraud, or fraudulent misrepresentation).
We are not liable for any loss, damage, or failure of backups (including missing, incomplete, or outdated backups) caused by: (i) your acts or omissions, including failure to maintain or update credentials (such as API tokens), schedules, retention, permissions, or connectivity; (ii) third-party systems or providers (including cPanel/WHM, hosting providers, networks, firewalls, or outages); (iii) your failure to review Job Status/alerts or take reasonable steps to correct reported errors; or (iv) issues in the source data (including corruption or deletion prior to backup).
Subject to the above, we will not be liable for indirect or consequential losses, including loss of profits, revenue, business, or goodwill.
Subject to the above, our total aggregate liability for all claims arising out of or relating to the Services will not exceed the fees you paid for the affected Service in the current billing cycle.
We are not liable for any loss, damage, or failure of backups (including missing, incomplete, or outdated backups) caused by: (i) your acts or omissions, including failure to maintain or update credentials (such as API tokens), schedules, retention, permissions, or connectivity; (ii) third-party systems or providers (including cPanel/WHM, hosting providers, networks, firewalls, or outages); (iii) your failure to review Job Status/alerts or take reasonable steps to correct reported errors; or (iv) issues in the source data (including corruption or deletion prior to backup).
Subject to the above, we will not be liable for indirect or consequential losses, including loss of profits, revenue, business, or goodwill.
Subject to the above, our total aggregate liability for all claims arising out of or relating to the Services will not exceed the fees you paid for the affected Service in the current billing cycle.
16) Indemnity
You agree to indemnify and hold us harmless from claims, damages, and expenses arising from your Customer Content, misuse of the Services, or breach of these Terms.
17) Business use
The Services are intended for business use. If you use the Services as a consumer, mandatory consumer rights may apply and certain terms may not apply to you to the extent prohibited by law.
18) Order of precedence
If there is a conflict between these Terms and other service-related documents we publish (such as an Acceptable Use Policy), these Terms will prevail to the extent of the conflict.
For the handling of personal data, the Privacy Policy will apply to the extent required by applicable data protection law.
For the handling of personal data, the Privacy Policy will apply to the extent required by applicable data protection law.
19) Changes to the Services or Terms
We may update the Services and these Terms from time to time. If changes are material, we will take reasonable steps to notify you (e.g., via email or the client portal). Continued use after changes take effect means you accept the updated Terms.
20) Force majeure
We will not be responsible for delays, interruptions, or failures caused by events beyond our reasonable control, including (for example) upstream provider outages, datacentre incidents, network failures, DDoS attacks, acts of government, fire, flood, war, labour disputes, or other force majeure events.
21) Severability and no waiver
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
If we do not enforce a provision of these Terms, it does not mean we waive our right to do so later.
If we do not enforce a provision of these Terms, it does not mean we waive our right to do so later.
22) Assignment and change of control (acquisition)
You may not assign or transfer these Terms or your account to another person without our prior written consent.
We may assign or transfer our rights and obligations under these Terms (in whole or in part) to an affiliate or a successor in connection with a merger, acquisition, restructuring, or sale of assets.
If cPBackup is acquired or the operator changes, your account information and Customer Content may be transferred to the new operator so the Services can continue. We will take reasonable steps to notify you (for example via email or the client portal) and update our Privacy Policy where required.
We may assign or transfer our rights and obligations under these Terms (in whole or in part) to an affiliate or a successor in connection with a merger, acquisition, restructuring, or sale of assets.
If cPBackup is acquired or the operator changes, your account information and Customer Content may be transferred to the new operator so the Services can continue. We will take reasonable steps to notify you (for example via email or the client portal) and update our Privacy Policy where required.
23) Governing law and disputes
These Terms are governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction, unless mandatory consumer laws require otherwise.
24) Contact
Questions about these Terms: https://cpbackup.net/contact.php
Formal notices (post): 582-586 Kingsbury Rd, Birmingham B24 9ND
Formal notices (email): legal@cpbackup.net
Formal notices (post): 582-586 Kingsbury Rd, Birmingham B24 9ND
Formal notices (email): legal@cpbackup.net