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.