This Terms and Conditions document (the “Agreement”) governs the provision of backup services (“Services”) by EVER HIGHER PTE LTD (“Provider”) to its Customers (“Client” or “Customer”) utilizing the Acronis Platform (“Backup Solution”). By subscribing to and using the Services, the Customer acknowledges acceptance of these terms in their entirety.

1. System Uptime & Availability Guarantees

1.1 The Provider endeavors to maintain high availability of the backup platform, with a target uptime of at least 99% per calendar month, exclusive of planned maintenance.

1.2 Scheduled maintenance activities, which may result in temporary unavailability of the Services, will be communicated to Customers at least forty-eight (48) hours in advance, where practicable.

1.3 The Provider shall not be held responsible for interruptions resulting from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, internet outages, or failures attributable to third-party vendors.

2. Backup Frequency and Retention Schedules

2.1 Backup schedules and retention periods will be specified in the Customer’s Service Order Form or Subscription Plan, which forms an integral part of this Agreement. Any amendments to these schedules must be mutually agreed upon in writing.

2.2 Typical backup frequencies include but are not limited to daily, weekly, and monthly backups. Retention periods for stored backups may range from thirty (30) days to twelve (12) months, depending on the subscribed plan.

2.3 Data beyond the agreed retention period will be deleted automatically from the Backup Solution without further notice.

3. Data Back Up / Data Ownership

3.1 All data backed up by the Provider on behalf of the Customer shall remain the sole and exclusive property of the Customer.

3.2 The Provider undertakes not to access, disclose, modify, or use Customer data except as necessary to perform the Services or as required by applicable law.

3.3 In the event of termination or expiration of this Agreement, the Customer may request a final data retrieval, subject to platform capabilities and applicable fees. Such requests must be made in writing prior to the data retention grace period lapsing.

4. Termination Clause and Procedures

4.1 Either party may terminate this Agreement by giving thirty (30) days’ advanced written notice to the other party.

4.2 Upon termination of the Services, all access to backup repositories will be revoked. The Provider will retain Customer data for a grace period of thirty (30) days following termination, after which all such data will be irreversibly deleted.

4.3 All amounts due for Services rendered up to the effective termination date remain payable in full and must be settled prior to the termination date.

5. Support Hours / Service Level Agreement (SLA)

5.1 The Provider will furnish support services during standard business hours, defined as Monday to Friday, 9:00 AM to 6:00 PM Singapore Time (SGT), excluding public holidays.

5.2 Critical support for emergency outages is available twenty-four (24) hours a day, seven (7) days a week.

5.3 The Provider aims to respond to support inquiries within four (4) business hours and to resolve high-priority incidents within twenty-four (24) business hours, subject to reasonable commercial efforts.

6. Subscription (“Fees and Payment”)

6.1 The Services are offered under periodic subscription plans, either monthly or annually, as specified in the Customer’s Service Order Form.

6.2 Subscription fees encompass platform usage, backup operations according to the agreed frequency and retention, and access to support as described herein.

6.3 Any requests to upgrade or downgrade the subscription plan must be submitted in writing and shall take effect at the commencement of the next billing cycle.

6.4 The Provider reserves the right to adjust subscription fees, providing not less than thirty (30) days’ advance notice to the Customer.

7. Confidentiality and Security

7.1 The Provider and the Customer shall maintain the confidentiality of all non-public, sensitive, or proprietary information disclosed or processed under this Agreement, including but not limited to Customer data, credentials, configurations, and backup content (“Confidential Information”).

7.2 The Provider shall implement and maintain reasonable administrative, technical, and physical safeguards to protect Customer data from unauthorized access, disclosure, alteration, or destruction, in accordance with industry standards and Acronis platform security practices.

7.3 The Provider shall not access, use, or disclose any Customer data except as necessary to perform the Services, to ensure system integrity, or as required by applicable law.

7.4 The confidentiality and security obligations set forth in this clause shall survive the termination or expiration of this Agreement for a period of three (3) years, or longer where required by law.

8. Amendments

8.1 EVER HIGHER PTE LTD may amend these Terms and Conditions from time to time. Any substantial amendment will be communicated with a minimum of thirty (30) days’ prior notice unless required for legal compliance.

9. General

9.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Singapore.

9.2 If any provision of this Agreement is found invalid or unenforceable, the remainder will remain in full force and effect.

By subscribing to and utilizing EVER HIGHER PTE LTD’s Backup Services, the Customer signifies acceptance of these Terms and Conditions.