Website hosting Terms and Conditions for Buzz Website Design.
We’ve tried to keep our terms and conditions short and simple in an effort to avoid unnecessary legal jargon and to try and save time.
“You or your” – this means you, the client
“We or us” – refers to Buzz Website Design
“the hosting” – is the task of hosting the website for you
Part 1 – What we mean by hosting
Website hosting is where your website (and often your email) is located on a server that we control.
We do not own the servers but rent the space on a wholesale basis. This gives you a little more peace of mind in that the servers are looked after by a dedicated support team and they have guaranteed up-time assurances.
This also means that comprehensive server-side security is maintained.
Part 2 – Server location and data protection compliance
Most of the websites we host are located on servers in the UK but some may be elsewhere. It’s your duty to ensure that any data on your website, and any data collected by it, complies with data protection laws applicable to where you are.
Part 3 – Standard website hosting package
In our standard hosting package, which is payable annually on invoice, your website will be hosted by us on our server. We will setup the hosting for you and install your website on our server to begin with. We will also keep a copy of your website from that installation.
With this package it’s your responsibility to keep your website software updated on a regular basis. This will help to ensure that your website is secure from outdated software and any hacking risks as a result of it.
3.1 – Standard hosting package Security and Backup
Normally if we host your website we’ll install and configure some kind of security software as a matter of course. However, you must make sure that it’s kept up to date if you have the standard website hosting package. We accept no liability if your website is hacked due to outdated security software.
It’s also your responsibility to make sure that your website is backed up on a regular basis. If you fail to do this then, should something happen to your website, we may have to restore the original copy that we installed into our hosting to begin with. This will mean that all content and data that you have added since the install will likely be lost.
We can install and configure a backup software for your site but we will charge you for this at our standard hourly rate.
Part 4 – Managed Hosting Package
With the managed hosting package we will look after your website so you don’t have to worry about updates, backups and security.
At least once a month we will:
- login to your site,
- update all of the software,
- make sure that the backup is working
- run a security scan and tackle any security issues that may arise.
We will also make any minor amends to your website up to one hour per month (normally charged at £45 per hour).
Part 5 – Payment terms and limits of liability
5.1 – Standard hosting payment terms
Our standard hosting package is payable on invoice annually in advance. You pay on this invoice by return and no statements will be sent.
5.2 – Managed Hosting Payment Terms
The managed hosting package is payable by monthly direct debit only and we will send you an annual receipt. No monthly receipts or invoices will be sent.
Part 6 – Cancellations
You can cancel your website hosting at any time. Should you wish to cancel your hosting you simply have to let us know via email and we’ll provide you with a downloadable copy of your website for use elsewhere.
However, should you cancel your standard hosting part way through the invoiced year then no pro-rata refunds will be given.
To cancel your managed hosting package simply let us know and when we’ve sent you a copy of your website we will cancel your direct debit (or you can do it if you wish).
If we host your emails then it’s your responsibility to ensure that you have a copy of all emails before moving your hosting.
When your website has been moved from our server we will cancel your hosting account. This means that all of your data including your website, emails, website database and any other hosting files will be deleted from our web server. It’s your responsibility to ensure that you have a copy of all that you need for future hosting.
Part 7 – Late or Non Payment
7.1. If a website hosting invoice remains unpaid after 10 working days we will consider it late and the following terms will apply.
7.2. In the event of any late or non payment we reserve the right to add fees and interest as laid down by UK late payment legislation and regulations.
7.3. We also reserve the right to take your website down from the internet (or put it into maintenance mode) temporarily until late payments and fees are paid.
7.4. We reserve the right to pass any invoice that is late onto an invoice collection agency who will also add fees.
Part 8: Force Majeure
Whilst we do our best to do all we say when we say it there will be times when circumstances beyond our control prevent this. These circumstances include (but are not limited to) natural disasters and Acts of God, political action and war, failure of electricity or telephone services.
If this kind of thing disrupts our work we will do all we can to minimise disruption, to keep you informed and to honour our commitments as a service provider.
Under such circumstances our contract remains in place and neither party shall be eligible to cancel the agreement unless by mutual written consent.
Part 9 – Website hosting limits of liability
With our standard hosting package it’s your responsibility to keep your website software up to date and to ensure that it’s backed up on a regular basis.
If your website fails or is hacked due to out of date software then we will charge you for the time it takes to restore your website at our standard hourly rate of £45 per hour (as of January 2016 but subject to change without notice).
If your website fails due to an error or omission on our part then we will rectify the situation as promptly as possible and refund you part of your hosting fee according to the time that the website was unavailable.
Part 10: Other Conditions
These terms and conditions are subject to change without notice and you agree to be bound by them.
Part 11: Legal Jurisdiction
These terms and condition are written in and will be enforced under law applicable in England.