Standard Web Hosting Terms of Use
Between Forty Miles West (“The Service Provider”) and any company or individual (“The Customer”)
1. Services Provided
The Service Provider agrees to provide web hosting services to the Customer as described in this agreement and any additional services specified in the order form or service specification (“Services”).
1.1 Email and Transactional Email
The Service Provider does not provide email or transactional email services unless agreed as part of a care plan.
1.2 DNS Management
The Service Provider will require DNS access to deploy and manage services. Cloudflare is recommended for DNS management. If DNS is not already hosted with Cloudflare, the Customer may need to update nameservers. Forty Miles West should be invited as a user to manage DNS records on your behalf.
2. Term
The initial term of this agreement shall commence on the effective date and continue for one (1) year unless otherwise specified in the order form. This agreement will automatically renew for successive one (1) year terms unless terminated under Section 9.
3. Payment Terms
3.1 Fees
The Customer agrees to pay the Service Provider the fees specified in the order form for the initial term and any renewal terms.
3.2 Payment Schedule
Payment for yearly hosting packages is due in full at the time of purchase.
3.3 No Refunds
Once a yearly hosting package is purchased, the Customer acknowledges that there will be no refunds if they decide to terminate the service before the end of the term.
4. Customer Responsibilities
4.1 Content
The Customer is responsible for all content stored on and transmitted through their hosting account and must comply with all applicable laws and regulations.
4.2 Website Security and Backups
The Customer is responsible for website security and malware protection, and should ensure they have a local backup of their website in case of data loss. While the Service Provider offers solutions to manage these areas, unless a management agreement is in place, only basic hosting, automatic plugin updates, and server-level backups are provided. The Service Provider is not responsible for any loss of earnings, data, or breaches caused by malicious attacks.
4.3 Third-Party Management
If no care or website management plan is in place and the Customer uses a third-party to manage the website, the Customer assumes full responsibility for website maintenance. The Service Provider will only be responsible for hosting, SSL, server backups, plugin updates, and limited support during standard working hours.
5. Service Availability
The Service Provider will use reasonable efforts to ensure 99.9% service uptime. Any scheduled maintenance will be communicated to the Customer with at least 24 hours’ notice.
6. Support
Technical support is available via email at [email protected] during standard business hours (Monday to Friday, 9am–5pm GMT). Extended support hours are available under care plans.
7. Limitation of Liability
To the fullest extent permitted by law, the Service Provider shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits or revenue, arising from or related to this agreement.
8. Automatic Plugin Updates
If an automatic plugin update causes issues or breaks the website, any remedial work may incur additional charges unless the Customer is on a care plan.
9. Termination
9.1 By the Customer
The Customer may terminate this agreement at any time by providing written notice. No refunds will be issued for cancelled yearly hosting packages.
9.2 By the Service Provider
The Service Provider may terminate this agreement immediately if the Customer breaches any material term and fails to remedy the breach within fourteen (14) days of receiving written notice.
10. Governing Law
This agreement shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising shall be subject to the exclusive jurisdiction of the courts of England and Wales.
11. Entire Agreement
This agreement, together with any associated order form or service specification, represents the entire agreement between the parties and supersedes all previous agreements or understandings.
12. Amendments
The Service Provider reserves the right to amend this agreement at any time. Customers will be notified of any significant changes. Continued use of the services will be deemed as acceptance of the updated terms.
13. Contact Information
For questions regarding this agreement, please contact:
Forty Miles West
Unit 2 Bollinside, Macclesfield, SK11 7RN, UK
Email: [email protected]