Website Hosting & Maintenance Agreement

1. Definitions

Provider	Charlotte Hart Web Design
Client	The individual or business entity purchasing Services.
Services	The website hosting and maintenance services described in the applicable Service Plan.
Service Plan	The specific package of Services (including pricing, support hours, and backup frequency) as set out in the Provider’s proposal or website.
Hosting Provider	The third-party infrastructure provider through which the Provider resells or arranges hosting.
CMS	The WordPress content management system powering the Client’s website.
Maintenance Window	The scheduled period during which the Provider performs updates and technical tasks.

2. Scope of Services

2.1  Service Tiers

Specific service levels, including response times and backup retention, are defined by the Service Plan selected by the Client at the point of sign-up. These are defined in our Service Schedule at https://chwebdesign.co.uk/service-definitions-service-schedule/. The version of the Service Schedule live at the time of the most recent renewal shall apply.

2.2 Standard Maintenance

Subject to the selected Service Plan, the Provider will perform:

• CMS core, theme, and plugin/extension updates.
• Security monitoring and malware scanning.
• Uptime monitoring and scheduled off-site backups.

2.3 Exclusions

The following are specifically excluded and will be quoted separately:

• New feature development, structural redesigns, or CMS migrations.
• Third-party software licences or premium plugin renewals.
• Fixing issues caused by Client edits or those of a third party.
• Emergency or out-of-hours work beyond normal business hours

3. Hosting & Infrastructure

3.1 Third-Party Provision

The Provider acts as a reseller or managed service provider. The underlying infrastructure is operated by a third-party Hosting Provider. The Provider is an intermediary and is not liable for server-side outages, hardware failures, or security breaches originating at the Hosting Provider level.

3.2 Service Level Target

We aim for 99.9% monthly uptime. This is a target and not a contractual guarantee. Uptime targets do not include scheduled maintenance windows, necessary maintenance, client caused outages, outages caused by the third-party Hosting Provider or issues beyond the Provider or Hosting Provider’s reasonable control.

4. Payment & Billing

4.1 Fees

Service fees are billed in advance on a recurring basis as specified in the Service Plan. All fees are exclusive of VAT (if applicable).

4.2 Automatic Renewal

Services renew automatically at the end of each billing cycle (monthly or annually) unless cancelled in writing in accordance with Clause 6.

4.3 Late Payment

Invoices unpaid after the due date may incur interest at 8% per annum above the Bank of England base rate. The Provider reserves the right to charge a statutory debt recovery fee and suspend Services if an invoice remains unpaid for more than 14 days.

4.4 Price Adjustments

We may revise our Service Plan fees by providing at least 30 days’ written notice. Continued use of the Services after this period constitutes acceptance of the new fees.

5. Client Obligations

The Client agrees to:

• Provide necessary access credentials promptly.
• Maintain an independent backup of their website data; Provider backups are supplementary.
• Ensure all supplied content is legally owned or licensed.
• Notify the Provider immediately of any suspected security breaches.
• Keep billing and contact information up to date.

6. Term and Cancellation

6.1 Cancellation

The Client may cancel Services by giving 30 days’ written notice via email. No refunds are provided for part-expired billing periods.

6.2 Termination by the Provider

We reserve the right to terminate Services immediately for material breach, including non-payment or unethical conduct by the Client.

6.3 Offboarding

Upon termination, the Provider will provide a 14-day window for the Client to migrate their site. The Provider reserves the right to charge a Migration Export Fee for the preparation and transfer of site data to a new provider.

7. Liability & Indemnity

7.1 Liability Cap

To the maximum extent permitted by law, the Provider’s total liability for any claim shall not exceed the total fees paid by the Client in the three months immediately preceding the event.

7.2 Consequential Loss

The Provider is not liable for indirect losses, including loss of profit, loss of data, or business interruption, regardless of the cause.

7.3  No Liability for Third-Party Failures

The Provider is not liable for any losses, damages, or claims arising from the acts or omissions of third-party providers, including the Hosting Provider, domain registrars, payment processors, or third-party plugins and integrations.

8. Intellectual Property

Your Content: You own all the text, images, and logos you provide. You give us a licence to host and display this content so your website can function.

Our Technology: We own the underlying code, frameworks, and tools used to build and run the site.

Your Licence: As long as your bills are paid, you have a permanent licence to use our code as part of this specific website. You cannot sell our code or use it to build other websites without our permission.

Third-Party Assets: Software like WordPress, plugins, or stock photos are owned by their respective creators and are subject to their own licences.

9. Acceptable Use (The Rules)

You agree not to use our hosting services to:

• Host anything illegal, offensive, or that breaks copyright laws.
• Send “spam” or bulk unsolicited emails.
• Distribute viruses or try to “hack” our systems.
• Use excessive server resources that slow down the service for our other clients.

Note: If you break these rules, we reserve the right to suspend your website immediately to protect our servers.

10. Data Protection (GDPR)

Both parties will comply with the UK GDPR and Data Protection Act 2018. The Provider acts as a Data Processor. A standard Data Processing Agreement (DPA) is incorporated into these terms by reference and is available upon request.

11. Confidentiality

Each party agrees to keep confidential all non-public information received from the other party in connection with the Services (“Confidential Information”) and not to disclose it to any third party without the other party’s prior written consent, except as required by law. This obligation survives termination of the Services for a period of [2] years.

12. Dispute Resolution

In the event of a dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation. Either party may escalate to formal mediation before commencing legal proceedings. Nothing in this clause prevents either party seeking urgent injunctive relief.

13. General Provisions

• Governing Law: These Terms are governed by the laws of England.
• Amendments: The Provider may update these Terms periodically.
• Force Majeure: Neither party is liable for failures caused by circumstances beyond their reasonable control (e.g., major cyber-attacks, power grid failure).

Acceptance

By ticking the checkbox on our onboarding form, or by making payment against an invoice bearing the reference URL of these Terms, you confirm that you have read, understood, and agree to be bound by this Website Hosting & Maintenance Agreement on behalf of yourself or the business you represent.

For questions about these Terms, contact us at:

Charlotte Hart Web Design   |  [email protected]