New Website Hosting & Builder Terms
New to the Business portfolio for October 2013 is a set of documents designed for internet service providers. Our long-standing Website Hosting Agreement has received a comprehensive update and new Website Hosting Terms and Conditions and new Website Terms and Conditions for Website Builders are now available.
Designed primarily for business-to-business transactions, our Website Hosting Agreement is designed for use by internet service providers offering web hosting services. Whilst this template is suitable for a wide range of web hosting options, it is important to keep in mind that it is a contract designed to be negotiated and ultimately signed in person by the respective parties, hence its greater suitability for bespoke business-to-business transactions.
Updates to the Website Hosting Agreement focus primarily on the standard or “boilerplate” clauses, designed to increase the legal certainty of the contract. Of particular importance are new dispute resolution provisions with options allowing for escalation through several types of dispute resolution before court action, ideally removing the need (and associated expense) of taking a dispute to court.
With many (if indeed not most) web hosting contracts now being concluded online, the first of our new additions this month has grown out of the hosting agreement - our all-new Website Hosting Terms and Conditions. With many similar terms to the hosting agreement, this document is designed for use as part of an online sign-up process. The legally binding contract is thus created upon the customer’s acceptance of the terms and conditions and the completion of their order.
The new Website Hosting Terms and Conditions also take account of the fact that not every customer will be a business customer and thus use wording that is a little more consumer friendly. Liability on the part of the host remains limited, however, so great care must be taken when selling services to consumers. If there is any doubt as to the limitation of liability, legal advice should be sought.
New Website Builder Terms and Conditions
"Website Builders" are growing in popularity. No longer do individuals and businesses need to pay web designers and developers to get a good-looking, SEO-optimised website online. The offering of template-based “DIY” websites along with hosting is, therefore, a popular and viable business model.
All-new Website Builder Website Terms and Conditions are now available, addressing key factors which incorporate the use of the website itself along with terms governing the use and content of users’ websites. Key provisions set out clearly the restrictions on the content and function of users’ own websites prohibiting, for example, the sending of spam or the hosting of content that is illegal or otherwise abusive.
The contents of this Newsletter are for reference purposes only and do not constitute legal advice. Independent legal advice should be sought in relation to any specific legal matter.