Terms of Service

Last updated: [DATE]

1. Who we are

HostFitter is a trading name of [COMPANY NAME], a company registered in England and Wales under number [NUMBER], whose registered office is at [REGISTERED ADDRESS]. VAT number: [VAT NUMBER, if applicable]. In these terms, "we", "us" and "our" mean [COMPANY NAME], and "you" means the person or business that orders the services.

2. The services

We provide web hosting, managed hosting, domain name registration and management, and related support, as described on our website and in your order (the "Services"). The Services are intended for business use. If you order as a consumer, nothing in these terms affects your statutory rights.

We use third-party suppliers, including a UK hosting platform provider, to deliver parts of the Services. We remain responsible to you for the Services as set out in these terms.

3. Orders and the contract

A contract is formed when we confirm your order, or when we start providing the Services, whichever happens first. We may decline an order, for example where we have a concern about fraud, abuse or capacity. You must give accurate information when ordering and keep it up to date.

4. Fees, payment and renewal

• Fees are as shown at the time of your order and are payable in advance, [monthly / annually, as applicable]. Prices exclude VAT unless stated.
• Hosting plans renew automatically each period until cancelled. Domain names renew annually unless you tell us otherwise before the renewal date.
• We may change our prices. For recurring services we will give you at least [30] days' notice of an increase before it takes effect, and you may cancel before it does.
• If a payment fails or is overdue, we may contact you and, after reasonable notice, suspend the Services until payment is received. We may charge interest and reasonable recovery costs on overdue business accounts as allowed by law.
• Payments are processed by [PAYMENT PROVIDER]. We do not store your full card details.

5. Cancellation and refunds

• You may cancel a hosting plan by giving us [notice, e.g. before the next renewal date] through your account or by contacting us. The Services continue until the end of the period you have paid for.
• Fees already paid for a period in progress are not refundable except where required by law or where we agree otherwise, for example if we fail to provide the Services.
• Domain name registration and renewal fees are generally non-refundable once the registration has been submitted to the registry. [Check this and any statutory cancellation rights with your solicitor.]
• We may cancel a hosting plan on [30] days' written notice. We may suspend or terminate immediately if you materially breach these terms, break our Acceptable Use Policy, or if required by law or a supplier.

6. Your responsibilities

• You are responsible for your website content, data, software, licences and the lawful use of the Services, and for any people you allow to use them.
• You must follow our Acceptable Use Policy.
• Keep your login details secure and tell us promptly if you suspect they have been compromised.
• Keep your own copies of important data. Even where we provide backups, you should not rely on them as your only copy.
• Keep website software and plugins you manage up to date, unless your plan states that we do this for you.

7. Service levels, support and maintenance

We aim to provide a reliable service and to respond to support requests promptly. Support is available [days and hours] by phone on 03300 88 2123 and by email. Unless a written service level agreement says otherwise, we do not guarantee uninterrupted or error-free service or any particular response time. We may carry out planned maintenance and will try to give notice and schedule it at quiet times where practical. Some interruptions are outside our control, for example faults at our suppliers or in the wider internet.

8. Backups

Where your plan includes backups, we will take them using reasonable care and will help you restore from them where the plan says so. Backups can fail or be unavailable, and we cannot promise that any particular data can be recovered. Backups are not a substitute for your own copies.

9. Domain names

• Domain names are registered with the relevant registry, and their rules apply (for example Nominet for .uk domains and ICANN-accredited rules for others). You agree to be bound by them, and we may pass your details to the registry as required.
• You are responsible for the accuracy of registrant details. Incorrect details can lead to loss of the domain.
• Registering a domain does not give you rights in the name itself. You are responsible for making sure that your use of a domain does not infringe anyone else's rights.
• If a domain is not renewed, it may expire and become available to others. Renewal reminders are a courtesy; renewal remains your responsibility. A redemption or reinstatement fee may apply after expiry.
• Where we manage a domain for you, we act on your instructions. We may need proof of identity or authority before making changes or releasing a domain for transfer.
• Domains may be subject to transfer restrictions set by the registry, for example after a recent registration or transfer.

10. Your data and our handling of it

How we use personal data about you is set out in our Privacy Policy. Where your hosted website or systems contain personal data about other people, you are normally the controller of that data and we act as your processor, handling it on your instructions to provide the Services. [Consider a separate data processing agreement with your solicitor.]

11. Intellectual property

You keep all rights in your content. You give us permission to store, copy and transmit it as needed to provide the Services. We and our suppliers keep all rights in our own software, materials and branding.

12. Our liability

Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited.

Subject to that, and to the extent allowed by law: (a) we are not liable for loss of profit, revenue, business, goodwill or data, or for any indirect or consequential loss; and (b) our total liability to you arising out of or in connection with the Services in any twelve-month period is limited to [the fees you paid us for the Services in that period]. [Solicitor to confirm these limits are appropriate and reasonable.]

13. Force majeure

Neither of us is liable for a failure or delay caused by events beyond our reasonable control, including failures of utilities, networks or suppliers, cyber-attacks, industrial action, fire, flood or acts of government.

14. Changes to these terms

We may update these terms, for example to reflect changes to our services or the law. We will tell you about material changes in advance by email or through your account. If you continue to use the Services after the change takes effect, you accept the updated terms. If you do not agree, you may cancel as set out above.

15. General

• These terms, together with your order, our Acceptable Use Policy and Privacy Policy, are the whole agreement between us about the Services.
• If any part is found unenforceable, the rest continues to apply.
• You may not transfer your contract to someone else without our written consent. We may transfer ours to a successor of our business and will tell you if we do.
• Notices may be sent to the email address on your account, or to us at [hello@hostfitter.com] or our registered office.
• These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction, except where consumer law gives you the right to bring a claim elsewhere in the UK. [Confirm.]

16. Contact and complaints

If you are unhappy with our service, please tell us first at [hello@hostfitter.com] or on 03300 88 2123 so we can put it right.