Web hosting terms and conditions

This hosting terms and conditions template should be used with respect to B2B website hosting where the contract will be entered into using an order form, which may be an online order form. It should not be used for B2C contracts.

The core provisions of the terms and conditions cover the following matters: (i) implementation and set-up of the hosting services, including transfer of websites from third party hosts; (ii) hosting availability and resources; (iii) scheduled maintenance and other services interruptions; (iv) helpdesk-based support; (v) acceptable use of the services; (vi) customer co-operation; (vii) the legality of hosted data; and (viii) back-up and restoration of data. The terms and conditions also contain more generic clauses covering charges, payments, confidentiality, limitations of liability, notices, interpretation, etc.

The standard version has been designed for the situation where the hosting services relate to a particular website or web application, and the customer's access to the website and hosting services is strictly limited. The premium version, by contrast, may be used where the customer will have access to hosting resources and has some degree of freedom to choose how those hosting resources will be used. In addition to the clauses in the standard version, the premium version includes a service level agreement relating to the availability of the hosting services.

STANDARD VERSION

1. Definitions
2. Term
3. Implementation of Hosting Services
4. Hosting Services
5. Helpdesk
6. Customer obligations
7. Hosted Data
8. No assignment of Intellectual Property Rights
9. Charges
10. Payments
11. Host's confidentiality obligations
12. Data protection
13. Warranties
14. Indemnities
15. Limitations and exclusions of liability
16. Force Majeure Event
17. Termination
18. Effects of termination
19. Notices
20. Subcontracting
21. General
22. Interpretation

Schedule 1 (Acceptable Use Policy)

1. Introduction
2. General usage rules
3. Unlawful Content
4. Graphic material
5. Marketing and spam
6. Regulated businesses
7. Monitoring
8. Data mining
9. Harmful software

Services Order Form

1. Customer details
2. Minimum Term
3. Specification of Hosting Services
4. Financial provisions
5. Contractual notices

PREMIUM VERSION

1. Definitions
2. Term
3. Hosting Services
4. Customer obligations
5. Hosted Data
6. No assignment of Intellectual Property Rights
7. Charges
8. Payments
9. Confidentiality obligations
10. Data protection
11. Warranties
12. Indemnities
13. Limitations and exclusions of liability
14. Force Majeure Event
15. Termination
16. Effects of termination
17. Notices
18. Subcontracting
19. Assignment
20. No waivers
21. Severability
22. Third party rights
23. Variation
24. Entire agreement
25. Law and jurisdiction
26. Interpretation

Schedule 1 (Acceptable Use Policy)

1. Introduction
2. General usage rules
3. Unlawful Content
4. Graphic material
5. Marketing and spam
6. Regulated businesses
7. Monitoring
8. Data mining
9. Harmful software

Schedule 2 (Availability SLA)

1. Introduction to availability SLA
2. Availability
3. Service credits
4. Exceptions

Services Order Form

1. Customer details
2. Minimum Term
3. Specification of Hosting Services
4. Financial provisions
5. Representatives
6. Contractual notices

We're a web design agency. We don't have our own servers for hosting customer sites, but resell the hosting services of a major provider. Can we use the standard document?

Yes, but you will need to ensure that it is "back to back" with the terms and conditions of the ultimate service provider. In other words, you should not make any commitments to your clients that the service provider does not make to you, and you should avoid taking on liabilities to your clients that the service provider does not take on with respect to you.

Can I use the premium hosting template as the legal document for a service based on a hosted application?

No. For that type of service, you should check out our software as a service agreements and T&Cs.

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