Web hosting agreement

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A contract template covering the provision of hosting services, either in relation to a particular website or more generally.


This web hosting contract template should be used for B2B web hosting services where the agreement will be signed in hard copy by each of the parties.

The standard version of this document document assumes that the hosting services provider will provide hosting services in respect of a particular website or websites, rather than providing hosting capacity; the premium version, by contrast, assumes that the customer will be given access to hosting resources and will have some freedom to choose how to use those resources.

This document is only suitable for use in relation to the provision of hosting services to businesses (as opposed to consumers).

Premium version contents

  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 (Hosting Services particulars)

  1. Specification of Hosting Services
  2. Financial provisions
  3. Contractual notices

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

Schedule 4 (Data processing information)

  1. Categories of data subject
  2. Types of Personal Data
  3. Purposes of processing
  4. Security measures for Personal Data
  5. Sub-processors of Personal Data
The standard document is approximately 45 pages long, while the premium documnet is approximately 53 pages long, in each case including the cover sheet and guidance notes. The documents are supplied in Word (.doc) format.

We occasionally get customers who abuse our low-cost hosting facilities. Will this contract stop them?

That depends upon the nature of the abuse. Different types of hosting service are susceptible to different types of abuse. An acceptable use policy is included with this contract. It says that the customer must not use the services to host, store, send, relay or process any "prohibited content", for any purpose which is unlawful, fraudulent, or infringes any third party rights, or in any way which could put the host in breach of any obligation owed to any ISP. The suggested definition of prohibited content covers not just illegal content but also pornography, spam etc. You should adapt the definition of prohibited content and the acceptable use clause to fit with the particular risks that your business faces.

The description of the key provisions of the premium template says that it covers back-up services. On what basis?

The suggested provision says that the service provider will make back-ups of the customer’s website. The back-ups are to be made at defined intervals (e.g. daily) and each back-up is to be retained for a defined period (e.g. 10 days). Optionally, the service provider may be obliged to make regular off-site back-ups, in case of a fire or other major incident affecting the data centre or other facility where the site is hosted.

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