Last update: May 1st, 2018
Akeeba Ltd (referred to as "we", "us", "Akeeba" or "Company") is a software development company. Our Company provides software download and support services for a fee, collectively called "subscriptions". All of our services are provided through the web site https://www.akeebabackup.com (also accessible as https://www.akeeba.com), hereforth called "the Site" or "our site".
Akeeba Ltd is a limited company registered in the Republic of Cyprus with the purpose of providing software and services related to it, with registration number HE307966 and registered address Metochiou 51, IONIA building, flat 303, Egkomi, 1101 Nicosia, CYPRUS.
By downloading and/or installing our software on any site you explicitly agree to the terms of its license, GNU General Public License version 3 or, at your choice, any later version published by the Free Software Foundation. A copy of the license is included with our software. If you did not receive a copy of the license please refer to the License page on our site or use the Contact Us page to request an electronic copy of the license.
Akeeba Ltd offers two types of services: downloads and support.
Downloads are further divided into free-of-charge downloads, available to non-registered users, and for-a-fee downloads, available only to subscribers. Access to the former is provided unconditionally to anyone who can access our site through the Internet. The latter are provided only to qualifying subscribers, if they are logged in, and only for the term of their subscription. As soon as your subscription expires you will have no access to any of the for-a-fee downloads, even for those items which were already published or made available during your subscription's term.
Support services are provided to qualifying subscribers only and only if they are logged in. Likewise to our download services, support services are provided only for the term of your subscription. When your subscription expires you will not be able to file any replies to your existing tickets or new tickets. Moreover, private tickets will no longer be available for you to read.
In simple English: when your susbcription expires you can no longer download any of the for-a-fee software including any version published in the past, versions already in your posession or updates published any time before or after the expiration of your subscription. Moreover, you no longer have access to our support services.
Our services are provided as-is, without any warranty whatsoever. The exact terms of our software license can be read by following the "License" link at the bottom of any page of AkeebaBackup.com. Regarding the support services, we can not guarantee the validity or veracity of any provided information or suggestion.
THE SERVICES ARE PROVIDED AS-IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF AVAILABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE AVAILABILITY, QUALITY AND PERFORMANCE OF OUR SERVICES IS WITH YOU. SHOULD ANY OF OUR SERVICES PROVE INEFFICIENT OR UNSUITABLE, YOU ASSUME THE COST OF ALL NECESSARY ACTIONS TO RECTIFY THE ISSUE.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW AKEEBA LTD, ITS OWNERS, STAFF, ASSOCIATES OR ANYONE AFFILIATED WITH ITS MAINTENANCE, OPERATION OR HOSTING BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF OUR PROGRAMS TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Should the applicable law hold Akeeba Ltd, its owners or any party affiliated with it liable for damages, the maximum amount of damages acknowledged shall be no higher than 5 Euros. Shall any dispute arise between Akeeba Ltd and a third party, the only applicable jurisdiction is the Courts of Law of Nicosia, Republic of Cyprus.
If you do not agree with these Terms, you are not allowed to use our services. Moreover, any use of our services implies the unconditional and immediate acceptance of the aforementioned terms, waiving your legal rights to uphold them. Acting in violation of these Terms of Service immediately terminates the business relationship between you and Akeeba Ltd.
In compliance to EU directives, you are entitled to 30 calendar days of "cool-off" period. If within those 30 calendar days you have not used our services (explicitly: you have not downloaded our for-a-fee software and have not requested software support) you are eligible for a full refund of your purchase, no questions asked. This "cool-off" period is provided in accordance to Article 6, §1 of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts and the Directive 2011/83/EU which replaces it.
However, if you have already downloaded our for-a-fee software and/or already made use of our software support services you are not eligible for a refund, even in the first 14 calendar days according to Directive 2011/83/EU, Article 16, §m which states: "the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal."
Explicitly: when you click on a software download link, or use any method provided by your web server / CMS to initiate such a download (including but not limited to installing updates via Live Update and Joomla! extensions update), or request software support from us through our ticket system you are giving us your express and unreserved consent to begin the provisioning of the software download and support service you have purchased from us, waiving your right of withdrawal from the subscription contract, making you ineligible for a refund. For more information you may also want to read: http://europa.eu/rapid/press-release_MEMO-11-450_en.htm?locale=en
Clarification for renewals and their eligibility for a refund. Renewals are considered new purchases, not a continuation of your previous subscription. As a result you can get a refund in 14 calendar days before the conclusion of the contract which means:
Clarification for the software download service: Most of our software comes in two editions, a free of charge Core edition and a subscription-based Professional edition. For these software we consider our software download services to have been provisioned only when you download the subscription-based Professional edition. Downloading the free edition of our software or any other item which is made available to the general public without the need for an active subscription (e.g. documentation) does not constitute performance of our download service. For example, if you have a subscription to Akeeba Backup for Joomla! Professional but you have only ever downloaded Akeeba Backup for Joomla! Core and its documentation then your right to withdrawal is not affected.
Clarification for the software support service: Performance of the software support service begins at the exact time you submit a support ticket or a reply to an existing support ticket. Pre-sales requests, invoicing / transaction questions, user account (logging in) questions and communication through e-mail or the Contact Us page does not count towards the performance of the software support service. These are communications provided outside the scope of the software support service.
In any other case, no refunds will be given whatsoever. By using our software download and support services you explicitly declare that you accept our policy of no refunds beyond the provisions of the aforementioned European Union Directives and the member state laws which enforce it.
Further clarification. If you bought the wrong subscription or you failed to use a valid coupon code you have in possession please contact us immediately. Even though we cannot issue a refund, we can always convert your subscription to the correct type and / or adjust the duration of your subscription to match what you paid. If you have already purchased a new subscription to the correct subscription level / with the correct coupon code please contact us anyway so we can determine the best way to rectify the situation which may be a full or partial refund, an extension / truncation of your subscription time or a combination thereof. Do not file a dispute with the payment processing company; it will only delay the process up to three months and may result in termination of your subscription in some cases.
We only provide support to our subscribers through our site's Support section. Requesting support through any other means (such as but not limited to our contact form, email, social media or in person) is not acceptable.
Purchasing a subscription on our site does not constitute a service level agreement. All tickets are answered on a "best effort" basis. If you have not received any response within 3 (three) working days, please use the Contact Us page to let us know of the issue.
Our working hours are posted on the Support page of our site, towards the bottom part of the page. In most cases you can file a ticket outside our working hours but you should have no reasonable expectation to receive a reply outside of them. Kindly keep in mind that your support requests are answered by the same developers who write and maintain the software. This means that you get accurate replies to your requests by the most qualified people to answer them, resulting in a solution you can apply, at the expense of response time. We consider it far better than getting a nearly immediate but low quality reply which does not resolve your issue. If you wish to get an immediate response please search our public support tickets and our Troubleshooter documentation. This is the same resources a non-developer support technician would use.
We reserve the right to deny support in cases where the root cause is beyond our control or has already been addressed, including but not limited to:
In these cases we will try to identify your issue within reason and explain what we believe the problem is and how to seek a solution for it. Please note that when the problem does not originate from our code we cannot provide or apply a technical solution ourselves; your cooperation is necessary in these cases and lack of it will result in us denying further support on this issue.
We cannot provide support not directly related to our software or services. Indicatively, we cannot provide support for the following (not an exclusive list):
We may be unable to provide our support services in the following occasions with the liability lying on the client:
We are very careful to not cause any disruption or adverse effect on your sites in the course of our support provisioning. However, we assume no responsibility for any issues directly or indirectly caused by our support efforts, as per the "No warrantly" article of this policy.
Akeeba Ltd believes in software Freedom and strives to provide low cost, high quality services surrounding our software. In order to keep the costs low, without placing artificial restrictions, we have a fair use policy in place. In no event shall we provide support to anyone who is seeking our support for more than three domains per month. This restriction is in place to deter cases of abuse, like a hosting provider buying a single subscription, installing the software on all of his clients' sites and then overflowing our support services with its client's requests. If such behaviour is detected, we regret to inform you that we will immediately terminate the user account without a refund.
Moreover, Akeeba Ltd reserves the right to terminate any account which is suspected in being implicated in unlawful or abusive activity, including –but not limited to– unsolicited mass distribution of our for-a-fee software. Account termination is in the sole discretion of Akeeba Ltd and we reserve the right to not provide any prior warning or further information.
We reserve the right to terminate user accounts (upon fair warning) of users who are submitting the same support requests numerous times to our support ticket system.
We reserve the right to block or terminate accounts (upon fair warning) of users who submit an excessive amount of support requests.
If the content you submit to AkeebaBackup.com is deemed offensive, inappropriate, defamatory, objectionable or in any other way engage in disruptive behaviour we reserve the right to use your personal information to stop such behaviour.
If Akeeba Ltd believes on reasonable grounds that you are in violation of the laws of the Republic of Cyprus, or the European Union directives, we reserve the right to submit your personal information - including the content itself and any other relevant information about you - to the proper authorities, such as law enforcement, your ISP or school email / ISP.
Akeeba Ltd reserves the right to terminate user accounts (free or paid subscribers) when the aforementioned fair use rules are violated. Furthermore, Akeeba Ltd reserves the right to terminate user accounts if the user is posting unsolicited messages (spam), engaged in sites or services promoting the unauthorised distribution of proprietary or other distributed for-a-fee software (warez), directly promoting or linking to resources promoting indecent or unlawful actions, or in any other way trying to disrupt or diminish the quality of the services offered by this site. Account termination takes place without prior notice and is considered final.
Holders of terminated accounts, if they are paid subscribers, will not be refunded. Akeeba Ltd reserves the right to terminate any further user accounts created by the holder of a terminated account, or any other person, business or organisation affiliated with or endorsed by the holder of a terminated account.
As noted above, if you send out an unsolicited message, your account will be terminated without prior notice. One strike and you're out. Moreover, you will feed our anti-spam filter with keywords so that you can't spam us again.
If you do as much as imply that you are encouraging people to use illegal or unofficial copies of software your account will be terminated without prior notice, as noted above. Respect the work of others and we'll respect you. If you don't and act as a bandit, you'll be treated as one.
If you express hate speech against any member of our staff or a third person –including but not limited to derogatory comments about their gender, age, disabilities, ethnicity or religion– in any communication to Akeeba Ltd over any medium –including but limited to tickets in our ticket system, contact form on our business or personal websites, email, phone, letter or social media– or communication referring to Akeeba Ltd to any publicly accessible medium –including but not limited to social media and third party forums– we reserve the right to terminate your account without refund and without any prior warning.