STANDARD WEB HOSTING TERMS OF USE
Between Forty Miles West known as “The Service Provider” & any company or individual known as “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 Transactional Email and Email Services: The Service Provider does not provide email or transactional email services unless agreed through a care plan.
1.2 DNS management: The Service Provider will require DNS access to deploy and manage services. We recommend Cloudflare to all customers for DNS management. You will need to change the nameservers if not already managed through Cloudflare.
Forty Miles West should be invited as a user to manage 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 by 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 their website security and malware defence and must ensure they have a backup downloaded of their website in case of data loss. The Service Provider does offer solutions to manage these areas, but if a management agreement is not in place, basic hosting, automatic plugin updates, and server backups are the only coverage the user will have. The Service Provider is not responsible for loss of earnings, data, or malicious attacks from outside entities.
4.3 Third-Party Management: If a care or website management plan is not in place and the Customer has a third party managing the website, the Customer is responsible for the care of their website. The Service Provider is only responsible for hosting, free SSL, server backups, automatic plugin updates, and support within working hours.
5. Service Availability
The Service Provider will use reasonable efforts to ensure that the Services are available 99.9% of the time. Scheduled maintenance will be communicated to the Customer at least 24 hours in advance.
6. Support
The Service Provider will provide technical support to the Customer via email at [email protected] or telephone 01625315107 during normal business hours (Monday to Friday, 9 AM to 5 PM GMT).
Extended hours of support are available through our care plans.
7. Limitation of Liability
To the maximum extent permitted by law, the Service Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues arising from or related to this agreement.
8. Automatic Plugin Updates
If an automatic plugin update breaks the website, additional costs may be incurred if the Customer does not have a care plan in place.
9. Termination
9.1 Termination by Customer: The Customer may terminate this agreement at any time by providing written notice to the Service Provider. However, no refunds will be issued for yearly hosting packages.
9.2 Termination by Service Provider: The Service Provider may terminate this agreement immediately if the Customer breaches any material term of this agreement and fails to remedy the breach within fourteen (14) days of receiving notice.
10. Governing Law
This agreement shall be governed by and construed by the laws of England and Wales, without regard to its conflict of law principles. Any disputes arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
11. Entire Agreement
This agreement, together with any order form and service specification, constitutes the entire agreement between the parties concerning the subject matter and supersedes all prior agreements and understandings.
12. Amendments
The Service Provider reserves the right to amend this agreement at any time. The Customer will be notified of any significant changes in advance. Continued use of the Services after such changes will constitute acceptance of the new terms.
13. Contact Information
For any questions or concerns regarding this agreement, please contact:
Forty Miles West
Unit 2 Bollinside, Macclesfield, SK11 7RN, UK