Website Hosting Terms and Conditions
Please note that this document is currently awaiting an update for the GDPR. In the meantime, new GDPR-ready standard clauses for data protection and data processing
are available in our
GDPR & Data Protection Group.
These Website Hosting Terms and Conditions are designed for use by Internet Service Providers that offer hosting services to the developers and owners of websites in return for a fee (in this case, annual).
Unlike the Website Hosting Agreement, also available from Simply-Docs, these terms and conditions are designed to be used as part of an online sign-up process. Customers are informed by the terms and conditions that a binding contract is created upon the completion of their order, payment of fees and – most importantly – their acceptance of the terms and conditions.
This template can be used with a broad range of hosting services, leaving it to the host to provide much of the detail regarding their services. This is accomplished by reference to “Hosting Packages”, one of which is to be selected by the customer when completing their order. The Hosting Packages should be clearly defined on the host’s website and should specify the different levels of service available (including key factors such as storage space, bandwidth, server features, security features etc.).
A number of provisions are included in these template terms and conditions that serve to protect the interests of the host. Customers are subject to a number of undertakings and obligations in relation to their use of the host’s services to ensure that their website stays within the bounds of the law. The customer is required to indemnify the host against claims made against the host that arise through the fault of the customer. In addition, the host’s liability is limited to the fullest extent permitted by law. It is important, however, to keep in mind that when dealing with consumers, there are strict limits on such limitations that service providers should be aware of. If in any doubt, legal advice should be sought.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
These Website Hosting Terms and Conditions contain the following clauses:
1. Definitions and Interpretation
2. The Service
3. Availability of Service
4. Fees and Payment
5. Money Back Guarantee
6. Changes to these Terms and Conditions
7. Your Obligations and Undertakings
8. Intellectual Property Rights
9. Your Use of the Hosting Software and Licence
10. Limitation of Our Liability
11. Warranty Disclaimer
12. Your Indemnity
13. Data Protection
15. Force Majeure
16. Term and Termination
17. Effects of Termination
18. No Waiver
20. Assignment and Sub-Contracting
21. Relationship of the Parties
22. Third Party Rights
25. Law and Jurisdiction
This document is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
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