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Web Hosting Terms and Conditions

1. Introduction

1.1 These Web Hosting Terms and Conditions (“Hosting Terms“) supplement our General Website Terms and Conditions and govern the provision of web hosting services by Ayup Creative Ltd (“we“, “us“, “our” or “the Company“) to business customers (“you” or “Client“).

1.2 These Hosting Terms should be read in conjunction with our General Website Terms and Conditions. In case of conflict between these documents, these Hosting Terms shall prevail in relation to hosting services.

1.3 Our hosting services are provided exclusively to businesses and not to consumers. By ordering hosting services, you confirm you are acting in the course of a business.

2. Definitions

In addition to definitions in our General Terms, the following apply:

  • “Hosting Package” means the specific hosting plan selected by the Client
  • “Server” means the computer server equipment operated by us or our hosting partners
  • “Website Space” means the allocated area on the Server for the Client’s website
  • “Uptime” means the percentage of time the hosting service is available and accessible
  • “Control Panel” means the web-based interface provided for managing hosting services

3. Service Provision

3.1 We will provide hosting services in accordance with the specifications of your selected Hosting Package.

3.2 All hosting services are subject to a minimum term of 12 months unless otherwise agreed in writing.

3.3 Services commence upon our acceptance of your order and receipt of payment.

3.4 We reserve the right to refuse service to any organisation at our sole discretion.

4. Payment Terms

4.1 Payment for hosting services is due in advance according to the billing cycle selected (monthly, annually, etc.).

4.2 We will invoice you at least 14 days before the renewal date.

4.3 If payment is not received by the due date, we may suspend services without notice.

4.4 All prices are exclusive of VAT, which will be added at the prevailing rate.

4.5 We reserve the right to increase prices on 30 days’ written notice.

5. Acceptable Use Policy

5.1 You must not use the hosting service for:

  • Illegal activities or content that violates UK law
  • Sending spam or unsolicited bulk emails
  • Hosting malicious software, viruses, or malware
  • Resource-intensive applications that impact server performance
  • Adult content, gambling, or other prohibited content
  • Copyright infringement or other intellectual property violations

5.2 We reserve the right to suspend services immediately if we reasonably believe the Acceptable Use Policy has been breached.

5.3 You are responsible for all content uploaded to your hosting space.

6. Service Levels and Uptime

6.1 We generally aim to provide 99.5% uptime, measured annually, excluding scheduled maintenance, and where no other Service Level Agreement (SLA) is in place and agreed to by both parties.

6.2 Scheduled maintenance will be performed during off-peak hours where possible, with reasonable advance notice.

6.3 We do not guarantee specific performance levels but will use reasonable efforts to maintain service availability.

6.4 Service level credits are not provided for downtime caused by factors beyond our control.

7. Data Backup and Security

7.1 While we may perform regular backups, you remain solely responsible for maintaining your own backups of all data.

7.2 We strongly recommend you implement your own backup procedures and do not rely solely on our backup systems.

7.3 We implement reasonable security measures but cannot guarantee complete security of your data.

7.4 You are responsible for maintaining the security of your Control Panel login credentials.

8. Resource Limits and Fair Use

8.1 Each Hosting Package includes specific resource allocations (disk space, bandwidth, etc.).

8.2 If you exceed allocated resources, we may:

  • Require you to upgrade to a higher package
  • Apply additional charges
  • Temporarily restrict access to prevent server impact

8.3 We operate a fair use policy and reserve the right to investigate unusual resource usage.

9. Suspension and Termination

9.1 We may suspend services immediately without notice if:

  • Payment is overdue
  • The Acceptable Use Policy is breached
  • Your account poses a security risk
  • We are required to do so by law or court order

9.2 Either party may terminate hosting services with 30 days’ written notice.

9.3 Upon termination, you have 30 days to retrieve your data before it may be permanently deleted.

9.4 No refunds will be provided for early termination except where required by law.

10. Technical Support

10.1 We provide technical support during Business Hours (9am-5:30pm, Monday to Friday).

10.2 Support is provided via email and our online ticketing system.

10.3 We will use reasonable efforts to respond to support requests within 4 hours during Business Hours.

10.4 Support covers hosting platform issues but not website development, content management, or third-party software.

11. Migration and Data Transfer

11.1 We may offer website migration assistance as a separate service.

11.2 You are responsible for ensuring all data is properly backed up before any migration.

11.3 We accept no liability for data loss during migration processes.

12. Third Party Services

12.1 We may use third-party hosting providers or services to deliver hosting services.

12.2 You acknowledge that third-party terms may also apply to the services.

12.3 We remain responsible to you for the delivery of hosting services regardless of third-party involvement.

13. Liability and Disclaimers

13.1 Our total liability for hosting services shall not exceed the total fees paid by you in the 12 months preceding the claim.

13.2 We shall not be liable for:

  • Loss of data not caused by our gross negligence
  • Indirect, consequential, or special damages
  • Loss of profits, revenue, or business opportunities
  • Damage caused by your failure to maintain adequate backups

13.3 We provide hosting services “as is” and make no warranties regarding compatibility, performance, or suitability for specific purposes.

14. Force Majeure

14.1 We shall not be liable for service interruptions caused by circumstances beyond our reasonable control, including but not limited to power outages, internet connectivity issues, hardware failures, natural disasters, or acts of government.

15. Data Protection

15.1 We process personal data in accordance with UK data protection laws and our Privacy Policy.

15.2 Where we act as a data processor, you remain the data controller and are responsible for compliance with applicable data protection requirements.

16. Governing Law

16.1 These Hosting Terms are governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales.

17. Contact Information

For hosting support and enquiries, please contact us using the details listed on our Contact page.