Obligation to provide Hosting Backup Services
1.1 The Provider shall provide to the Customer any Hosting Backup Services specified in Section 3 of the Statement of Work or otherwise agreed by the parties in writing in accordance with this Schedule 3.
Hosting Backup Services
2.1 The Provider shall create a back-up copy of the Hosted Data at least daily, shall ensure that each such copy is sufficient to enable the Provider to restore the Hosting Services to the state they were in at the time the back-up was taken, and shall retain and securely store a daily backup for a minimum period of 7 days, a weekly backup for a minimum period of 4 weeks, and a monthly backup for a minimum period of 6 months.
2.2 Within the period of 1 Business Day following receipt of a written request from the Customer the Provider shall use all reasonable endeavours to restore to the Hosting Platform the Hosted Data stored in any back-up copy created and stored by the Provider in accordance with Paragraph 2.1. The Customer acknowledges that this process will overwrite the Hosted Data stored on the Hosting Platform prior to the restoration.
2.3 The Provider may suspend the provision of the Hosting Backup Services if any amount due to be paid by the Customer to the Provider under the Contract is overdue, and the Provider has given to the Customer at least 30 days' written notice, following the amount becoming overdue, of its intention to suspend the Hosting Backup Services on this basis.
Use of Hosting Backup Services
3.1 The use of the Hosting Backup Services shall be subject to the resource limitations relating to data storage that is set out in Section 3 of the Statement of Work.
3.2 The Provider may charge the Customer in respect of any use of the Hosting Backup Services that breaches the applicable resource limitations, at such rate or rates as are specified in Section 8 of the Statement of Work.
3.3 The Customer acknowledges and agrees that the Provider may implement technological measures to prevent or inhibit the use of the Hosting Backup Services in any way that breaches the applicable resource limitations.
Termination of Hosting Backup Services
4.1 Either party may terminate the Hosting Backup Services under the Statement of Work by giving to the other party at least 30 days' written notice of termination.
4.2 If the Hosting Backup Services are terminated in accordance with the provisions of this Paragraph 4:
(a) the Customer must pay to the Provider any outstanding Charges in respect of Hosting Backup Services provided to the Customer before the date of effective termination of the Hosting Backup Services;
(b) the Provider must refund to the Customer any Charges paid by the Customer to the Provider in respect of Hosting Backup Services that were to be provided to the Customer after the date of effective termination of the Hosting Backup Services; and
(d) the Contract will continue notwithstanding such termination.
4.3 For the avoidance of doubt, the Hosting Backup Services shall automatically terminate upon the termination of the Contract.
4.4 If the Hosting Backup Services terminate in accordance with this Paragraph 4 or the Contract terminates, then the Provider shall ensure that the Hosting Backup Data is available to the Customer for download from the Hosting Platform during the period up to the date of effective termination and for a period of at least 30 days thereafter. Save as provided in this Paragraph 4.4, the Provider shall have no obligations following such termination to supply or make available to the Customer the Hosting Backup Data.