1. Definitions and Interpretation

In this Agreement, unless the context otherwise requires:

"Account" means the Client details held by the Host to provide the Service, including identification, location, payment details, credentials, and service details.

"Business Day" means any day other than Saturday or Sunday on which banks are open for normal business in the UK.

"Client Website" means the website hosted for the Client, including component files and related services such as email.

"Confidential Information" means information disclosed between Parties in connection with this Agreement.

"Fee" means sums payable by the Client for the Service.

"Hosting Hardware" means all computer and networking equipment used to provide the Service.

"Hosting Package" means a service package described on the Host's website and agreed by the Client at point of purchase.

"Hosting Software" means software used to provide the Service.

"Intellectual Property Rights"means copyright, designs, patents, trademarks, and all related intellectual property rights.

"Service" means all components of the hosting service as agreed by the Client at point of purchase.

Interpretation Rules

Unless otherwise required:

• Writing includes electronic communication.
• References to statutes include amendments.
• "This Agreement" includes all Schedules.
• References to Clauses relate to this Agreement unless stated.
• Headings do not affect interpretation.
• Singular includes plural and vice versa.
• Gender references include all genders.
• Persons include corporations.

2. The Service

2.1 Provision of Service shall commence on your agreed provisioning date, this will be the date of your first invoice if not pre-agreed.

2.2 If commencement is delayed by more than 15 days, the Client may either wait a further 30 days for service commencement or request a full refund. If delays continue beyond this point, the Client has the right to cancel and receive a full refund.

2.3 The Host is not obliged to provide services outside the agreed Hosting Package without written agreement.

2.4 The Host may modify the Service provided no material disadvantage occurs. Clients receive at least 7 Business Days' notice.

2.5 Emergency maintenance may occur without notice; interruptions will be communicated under Clause 3.

3. Availability of Service

3.1 The Host will use reasonable efforts to provide uninterrupted Service.

3.2 Downtime shorter than 1 Business Day per calendar month does not incur liability.

3.3 For interruptions longer than 1 Business Day per calendar month, the Host will inform the Client.

3.4 If hardware failure cannot be remedied within 48 hours, the Host will migrate services or reimburse downtime pro-rata within 28 days. Maximum liability for any downtime event is refund of one month's fees.

3.5 Interruptions caused by third parties are outside Host responsibility.

4. Fees and Payment

4.1 Fees are detailed in the Hosting Package agreed at point of purchase.

4.2 Fees are payable one month in advance.

4.3 Fee changes apply only to renewals; prices are fixed during the current monthly period.

4.4 Fees must be paid in full; failure may lead to suspension or termination.

4.5 Clients may change packages; refunds for unused months are issued within 28 days, and a new billing period begins.

4.6 Fees exclude VAT unless stated.

5. Changes to this Agreement

5.1 Terms may change to comply with law.

5.2 Changes to this Agreement will be communicated to the Client at least 28 days in advance. Changes bind both parties 28 days after notice unless the Client terminates in accordance with Clause 5.3.

5.3 Clients may terminate without penalty if they reject material changes to the Agreement (Clause 13).

6. Client Undertakings and Obligations

Clients must not use the Service for unlawful purposes, including:

• Distribution of malware or harmful code
• Distribution of pirated materials
• Distribution of illegal or abusive content

Clients must not link to prohibited material.

Clients must monitor third-party activity on their website.

Clients must comply with data protection and e-commerce laws.

Clients remain responsible for all website activity and must supply necessary information to the Host.

Clients are responsible for maintaining regular backups of their data and content. The Host maintains weekly backups of all websites and associated data for disaster recovery purposes; however, Clients should maintain independent backups to ensure data protection.

7. Intellectual Property Rights

Clients gain no rights over Host IP.

Hosts gain no rights over Client IP.

Clients indemnify the Host for IP infringement arising from Client materials.

8. Limitation of Host's Liability

To the fullest extent permitted by law, the Host is not liable for:

• Service interruptions
• Data loss
• Compatibility issues
• Inability to use services
• Internet confidentiality risks

Liability cannot be excluded for:

• Death or personal injury
• Fraud
• Gross negligence or wilful misconduct

9. Warranty Disclaimer

No additional warranties are provided beyond those stated.

10. Client Indemnity

Clients indemnify the Host against losses arising from:

• Misuse of services
• Agreement breaches
• Negligence
• Third-party activities on their website

11. Confidentiality

Parties must keep Confidential Information secure during and for 3 years after termination.

Disclosure is permitted only where legally required or necessary for service provision.

12. Force Majeure

Neither Party is liable for delays beyond reasonable control.

If force majeure exceeds 28 days, either Party may terminate with fair payment agreed.

13. Term and Termination

13.1 Initial term: One month from commencement (or a pre-agreed period).

13.2 Renewals occur automatically for one month periods unless a pre-agreed term applies.

13.3 Immediate termination allowed for:

• Non-payment
• Breach not remedied
• Insolvency or business cessation

13.4 The Host may terminate with 30 days' notice for any reason, with pro-rata refund of fees for the unused portion of the current billing period.

13.5 Clients may terminate with one month's notice at the end of any monthly billing period. Refunds for early termination within a monthly period are calculated on a pro-rata basis for unused days.

14. Effects of Termination

Upon termination:

• Client data is removed from hosting systems.
• Outstanding payments become due.
• Post-termination clauses remain effective.
• Confidential information must be returned or destroyed.

15. No Waiver

Failure to enforce rights does not waive them.

16. Further Assurance

Parties agree to execute necessary documents to give effect to this Agreement.

17. Costs

Each Party pays its own legal and administrative costs.

18. Set-Off

Neither Party may set off payments due.

19. Time

Dates and times are guidance only unless otherwise agreed.

20. Relationship of the Parties

No partnership or agency relationship is created.

21. Third Party Rights

No third-party rights arise under this Agreement.

22. Notices

Notices must be in writing and are deemed delivered when:

• Delivered by courier
• Successfully transmitted electronically
• Five business days after national mail
• Ten business days after airmail

23. Entire Agreement

This Agreement supersedes prior agreements and may only be amended in writing.

24. Counterparts

Agreement may be executed in counterparts forming one agreement.

25. Severance

Invalid provisions are severed without affecting the remainder.

26. Dispute Resolution

Disputes shall first be negotiated between Parties.

Courts may still grant interim relief.

Final dispute outcomes are binding.

27. Law and Jurisdiction

This Agreement is governed by the laws of England and Wales, whose courts have jurisdiction.