Web hosting terms and conditions

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The hosting of a particular website may be covered by the short-form version of these T&Cs, while the long-form version covers hosting services more generally.


This hosting terms and conditions template should be used where the contract will be entered into using an order form, which may be an online order form.

The standard version of this document 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.

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

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
The hosting contract is 44 or 50 pages long (including the cover sheet and drafting notes) and is provided in Word (.doc) format.

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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