Website Hosting Terms & Service Level Agreement

Services Provided:

The Service Provider agrees to provide website hosting services as outlined below, which includes details of the hosting package, server specifications, storage space, bandwidth, and any additional features or services.

- Hosted website on a shared server with Digital Ocean (99% uptime guarantee)
- Daily backups of website and content on Digital Ocean
- Management of SSL certificate
- Management of Cloudflare CDN (Content Delivery Network)
- Updates to all WordPress plugins
- Uptime monitor (including email alerts to relevant stakeholders)

The Service Provider shall use its best efforts to ensure the smooth operation, security, and availability of the hosted website(s) during the term of this Agreement.

Service Level Agreement (SLA):

Uptime Guarantee:
The Service Provider guarantees a minimum uptime of 99.9% for the hosted website(s), excluding scheduled maintenance and force majeure events.

Hosting Support and Response Time:
The Service Provider shall provide technical support to the Client in relation to their hosting during business hours via the designated support channels as agreed upon. All hosting queries and concerns should be raised in the first instance to support@fuzeagency.co.uk.
The Service Provider commits to responding to hosting support requests within 2 hours during business days and hours (Monday - Friday between 9 - 5pm).

Security and Backups:
The Service Provider agrees to implement reasonable security measures to protect the hosted website(s) and client data against unauthorised access, loss, or theft. Such measures include but are not limited: Unique passwords for all users, including 2FA. Regular backups kept in a secure location i.e. AWS Network monitoring (digital ocean) DDoS attacks (digital ocean) Installation and maintenance on SSL certs Storage of personal data in secure location i.e. contact form submissions.
The Service Provider will regularly back up client data as per industry standards and retain backups for a minimum of 5 days.

Confidentiality:

The Parties agree to keep confidential any proprietary or sensitive information obtained during the course of this Agreement, including but not limited to technical details, business processes, and client data.

The Service Provider would seek approval from the client before sharing any data with a third party, adhering to the UK GDPR legislation.

Limitation of Liability:

Limitations and exclusions of liability Nothing in the Agreement will:
(a) limit or exclude the liability of a party for death or personal injury resulting from its negligence;
(b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
(c) limit any liability of a party in any way that is not permitted under applicable law; or
(d) exclude any liability of a party that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Clause and elsewhere in the Agreement or into the Proposal:
(a) Govern all liabilities arising under the Agreement or any collateral contract or in relation to the subject matter of the Agreement or any collateral contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty; and
(b) will limit and exclude the liability of the parties under the express indemnities set out the Agreement.

Neither party will be liable for any losses arising out of a Force Majeure Event.

The Service Provider’s liability in relation to any event or series of related events will be limited at £1,000,000, or the total amount paid (if greater) payable by the Client to the Supplier under the Agreement.

Notwithstanding those terms listed under 'Termination' of this agreement, the Client is not liable in relation to any issue arising between them and the Service Provider whatsoever, including, but not limited to, and for the avoidance of doubt; · any special, indirect or consequential loss or damage. · loss of profits, income, revenue, use, production or anticipated savings. · any loss of business, contracts or commercial opportunities. · any loss of or damage to goodwill or reputation.

The Service Provider will hold up to date insurances for liability to satisfy, at a minimum, the terms within this agreements which may be requested by the Client from time to time, which must be provided within 1 week of the request from the customer.

Termination: 

Either Party may terminate this Agreement with 30 days prior written notice.

In case of termination, the Service Provider shall provide the Client with 30 days to transition the website(s) to another hosting provider.

Governing Law and Dispute Resolution:

This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom.

Any disputes arising from or relating to this Agreement shall be resolved through good-faith negotiations between the Parties. If a resolution cannot be reached, the Parties agree to pursue mediation or arbitration as required.

Last modification was made: Monday, November 6, 2023