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Website hosting agreement

This is a hosting agreement for particular websites. Under this agreement, one party (the host) agrees to provide web hosting services in relation to a particular website or websites of the other party (the customer). The technical details of the hosting should be set out in the schedule to the agreement.

The hosting agreement is suitable for customers that are businesses; it is not suitable for consumer contracts.

The host gives a general undertaking to try to maintain the public availability of the website(s), but does not guarantee this. No service level agreement is included.

This agreement may be used, for example, by a web designer that provides hosting services in relation to websites produced for customers. NB Where the service provider is reselling hosting services that are ultimately provided by a third party, the service provider will need to ensure that any relevant provisions of its agreement with that third party are reflected in its customer agreements.

This hosting agreement assumes that the customer will not have FTP or other access to the web server.

The data processing clause in the agreement has been updated to reflect the requirements of the General Data Protection Regulation, which comes into force in May 2018.

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Website hosting agreement contents

  1. Definitions: definitions.
  2. Term: commencement of term; end of term.
  3. Implementation of Hosting Services: obligation to implement hosting services; date for completion of implementation of hosting services; post-implementation testing of hosting services.
  4. Hosting Services: obligation to provide hosting services; availability of hosting services; right to suspend hosting services for scheduled maintenance; times for provision of scheduled maintenance; hosting services resources; hardware failures and hosting services; hosting services acceptable use policy; no use of hosting services for unlawful purpose; no resale of hosting services; no access to hosting platform; suspension of hosting services.
  5. Helpdesk: helpdesk for hosting services support.
  6. Customer
    obligations:
    general second party obligations; access to computer systems; third party software licences (hosting services); responsibility for passwords (hosting services).
  7. 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;
    Customer
     responsibility for hosted data back-ups; hosted data upon termination.
  8. No assignment of Intellectual Property Rights: no assignments of intellectual property rights.
  9. Charges: obligation to pay charges; amounts inclusive or exclusive of VAT; variation of charges.
  10. Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments; interest on late payments.
  11. Host
    's confidentiality obligations:
    first party confidentiality undertaking (no permitted purpose limitation); disclosure of confidential information by first party to certain persons (no permitted purpose); exceptions to first party's confidentiality obligations; disclosures of second party confidential information mandated by law etc; first party confidentiality obligations after termination.
  12. 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 by 
    the Host
     (GDPR); duration of personal data processing by
    Host
    (GDPR); personal data processed by
    Host
    on instructions (GDPR); informing 
    Customer
     of illegal instructions (GDPR); personal data processed by
    Host
    as required by law (GDPR); confidentiality obligations on
    Host
     persons processing personal data (GDPR); security of personal data processed by 
    Host
     (GDPR); appointment of sub-processor by
    Host
    (GDPR); authorisation for
    Host
    to appoint sub-processors (GDPR);
    Host
     to assist with exercise of data subject rights (GDPR);
    Host
     to assist with compliance (GDPR);
    Host
     to provide information (GDPR); deletion of personal data by 
    Host
     (GDPR);
    Host
     to allow audit (GDPR); changes to data protection law.
  13. Warranties: standard of hosting services; first party general warranties; second party warranty of authority; exclusion of implied warranties and representations.
  14. 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.
  15. 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.
  16. Force Majeure Event: obligations suspended for force majeure; force majeure notification and information; mitigation of effects of force majeure.
  17. 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.
  18. Effects of termination: surviving provisions upon termination; termination does not affect accrued rights; charges on termination of contract (hosting services).
  19. Notices: methods and deemed receipt of contractual notices; first party contact details for contractual notices; substitute contact details for notices.
  20. Subcontracting: no subcontracting without consent; subcontracting permitted; first party responsible for subcontracted obligations.
  21. General: no waiver; severability; variation written and signed; no third party rights; assignment by first party; assignment by second party; entire agreement; governing law; exclusive jurisdiction.
  22. Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.

Schedule 1 (Hosting Services particulars)

  1. Specification of Hosting Services: specification of hosting services prompt.
  2. Financial provisions: financial provisions prompt.
  3. Contractual notices: prompt for second party contractual notice address details.

Schedule 2 (Acceptable Use Policy)

  1. Introduction: definitions for acceptable use policy for hosting services; parties to acceptable use policy; agreement to policy by using services; express agreement to policy.
  2. General usage rules: no damaging use of services; no unlawful use of services; content must comply with provisions of part.
  3. Unlawful Content: no unlawful user content: general prohibition; no unlawful user content: specific prohibitions; previous complaints and user content.
  4. Graphic material: age suitability of user content; no violence in user content; no pornographic user content.
  5. 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.
  6. Regulated businesses: no gambling-related activities; no pharmaceutical activities; no weapon-related activities.
  7. Monitoring: acknowledgement relating to monitoring.
  8. Data mining: no data mining.
  9. Harmful software: no harmful software; no risky software.

Schedule 3 (Data processing information)

  1. Categories of data subject: prompt for categories of data subject.
  2. Types of Personal Data: prompt for types of personal data.
  3. Purposes of processing: prompt for personal data processing purposes.
  4. Security measures for Personal Data: prompt for security measures for personal data.
  5. Sub-processors of Personal Data: prompt for identifying sub-processors of personal data.
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