Hosting services terms and conditions
This set of terms and conditions may be used to define and regulate the relationships of a provider of web hosting services with its customers.
Three of the key concepts used in the terms and conditions are the "hosting services", the "hosting account" and the "hosting platform". The hosting services may include shared hosting, virtual hosting and/or dedicated hosting; the hosting platform is the stack of hardware and software used to provide the hosting services; and the hosting account is mechanism by which the customer can manage and configure the hosting services.
An optional acceptable use policy is attached as a schedule to the terms and conditions.
Another optional schedule contains an availability or uptime commitment for the hosting services, which may be backed by the payment of service credits.
The date processor clause in these terms and conditions has been updated to reflect the requirements of the GDPR (the General Data Protection Regulation).
This document is not suitable for use in relation to contracts with consumers; it does not take account of consumer protection legislation, and accordingly should only be used with respect to business customers.Ask about this document
Hosting services terms and conditions contents
- Definitions: definitions.
- Term: commencement of term; end of term (indefinite); each services order form creates distinct contract.
Hosting Services: creation of hosting services account; grant of right to use hosting services; limitations on use of hosting services account; prohibitions on the use of the hosting services account; prevention of unauthorised access to hosting services account; no administrative access to hosting platform; availability of hosting services and SLA ; hosting services acceptable use policy; no access to hosting platform code; suspension of hosting services.
- Customerobligations: general second party obligations; access to computer systems.
Hosted Data: licence of hosted data; warranties relating to hosted data; right to edit or delete hosted data; back-up of hosted data; restoration of hosted data;Customerresponsibility for hosted data back-ups; hosted data upon termination.
- No assignment of
Intellectual Property Rights: no assignments of intellectual property rights.
- Charges: obligation to pay charges; amounts inclusive or exclusive of VAT; variation of charges.
- Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments; interest on late payments.
- Confidentiality obligations: first party confidentiality undertaking; second party confidentiality undertaking; disclosure of confidential information to certain persons; exceptions to confidentiality obligations; disclosures of confidential information mandated by law etc; parties to stop using confidential information upon termination; parties to return or destroy confidential information following termination; confidentiality obligations after termination.
- Data protection: compliance with data protection laws; warranty of Customer's right to disclose personal data (GDPR); details of personal data and purposes of processing bythe Host(GDPR); duration of personal data processing byHost(GDPR); personal data processed byHoston instructions (GDPR); informingCustomerof illegal instructions (GDPR); personal data processed byHostas required by law (GDPR); confidentiality obligations onHostpersons processing personal data (GDPR); security of personal data processed byHost(GDPR); appointment of sub-processor byHost(GDPR); authorisation forHostto appoint sub-processors (GDPR);Hostto assist with exercise of data subject rights (GDPR);Hostto assist with compliance (GDPR); obligation to notifyCustomerof personal data breach (GDPR);Hostto provide data protection compliance information (GDPR); deletion of personal data byHost(GDPR);Hostto allow audit (GDPR); changes to data protection law.
- Warranties: standard of hosting services; first party general warranties; second party warranty of authority; exclusion of implied warranties and representations.
- Indemnities: indemnity upon breach: any provision or specified provisions (with definition); conditions upon first party indemnity; indemnity upon breach: any provision or specified provisions (with definition); conditions upon second party indemnity; limitations of liability vs indemnities.
- Limitations and exclusions of liability: caveats to limits of liability; interpretation of limits of liability; no liability for force majeure; no liability for loss of profits; no liability for loss of revenue; no liability for loss of use; no liability for loss of opportunities; no liability for loss of data or software (subject to back-up obligations); no liability for consequential loss; per event liability cap upon services contract; aggregate liability cap upon services contract.
Force Majeure Event: obligations suspended for force majeure; force majeure notification and information; mitigation of effects of force majeure.
- Termination: termination without cause (optionally assymetric); termination by either party without cause; termination upon breach; termination upon insolvency; termination upon non-payment; rights of termination supplemental or exclusive.
- Effects of termination: surviving provisions upon termination; termination does not affect accrued rights; charges on termination of contract (hosting services).
- Notices: methods and deemed receipt of contractual notices; first party contact details for contractual notices; substitute contact details for notices.
- Subcontracting: no subcontracting without consent; subcontracting permitted; first party responsible for subcontracted obligations.
- Assignment: assignment by first party; assignment by second party.
- No waivers: no unwritten waivers of breach; no continuing waiver.
- Severability: severability of whole; severability of parts.
- Third party rights: third party rights: benefit; third party rights: exercise of rights.
- Variation: variation only in accordance with section; variation by signed written agreement; variation on first party's notice.
- Entire agreement: entire agreement: documents; no mispresentation; section subject to caveats to limits of liablity.
- Law and jurisdiction: governing law; jurisdiction.
- Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.
Schedule 1 (Acceptable Use Policy)
- Introduction: definitions for acceptable use policy for hosting services; parties to acceptable use policy; agreement to policy by using services; express agreement to policy.
- General usage rules: no damaging use of services; no unlawful use of services; content must comply with provisions of part.
Content: no unlawful user content: general prohibition; no unlawful user content: specific prohibitions; previous complaints and user content.
- Graphic material: age suitability of user content; no violence in user content; no pornographic user content.
- Marketing and spam: prohibition on marketing activities; no spam in user content; sending spam using email addresses; no promotion of marketing schemes; avoidance of IP blacklisting.
- Regulated businesses: no gambling-related activities; no pharmaceutical activities; no weapon-related activities.
- Monitoring: acknowledgement relating to monitoring.
- Data mining: no data mining.
- Harmful software: no harmful software; no risky software.
Schedule 2 (Availability SLA)
- Introduction to availability SLA: purpose of hosting services availability SLA; informal definition of uptime.
- Availability: uptime commitment; measurement of uptime; reporting of uptime measurements.
- Service credits: earning service credits; amount of service credits; application of service credits; service credits are sole remedy; service credits upon termination.
- Exceptions: list of exceptions to availablity commitment.