Web Hosting Agreement

1. Parties

1.1 This Web Hosting Agreement ("Agreement") is between Turner Digital Hosting, a trading name ofTurner Digital Ltd, a company registered in England and Wales (Company No. 11591880; VAT No. 491359955) whose registered office is at Unit 9a Little Hyde Farm, Little Hyde Lane, Ingatestone CM4 0DU, and whose trading address is 101 Absolute House, Margaretting, Ingatestone CM4 0EL ("we", "us", "the Host"), and the person or business ordering our services ("you", "the Client").

1.2 If you are an individual acting for purposes outside your trade, business or profession, you are a "Consumer" and clause 18 also applies to you. Nothing in this Agreement affects your statutory rights as a Consumer.

2. Definitions and acceptance

2.1 In this Agreement:

• "Services" means the hosting plan, add-ons and related services you order, as described in Schedule A and on our website at the time of your order.
• "Plan" means the Basic, Standard or Premium hosting plan.
• "Order" means your order placed through our website, by email, or by accepting a quote or invoice.
• "Working Hours" means the support hours for your Plan set out in Schedule A, excluding UK bank holidays unless stated.
• "Fair Usage Policy" means the policy in Schedule B.

2.2 This Agreement starts on the earliest of: you ticking the acceptance box at checkout, you paying your first invoice, or you using the Services (the "Start Date").

2.3 When you accept online, we record the Agreement version, date and time, IP address and browser details as evidence of acceptance. Online acceptance has the same effect as a signature.

2.4 This Agreement, the Order, Schedule A and the Fair Usage Policy together form the whole agreement between us. If they conflict, the Order takes priority, then this Agreement, then the Schedules.

3. The Services

3.1 We will provide the Services described in Schedule A for your chosen Plan and any add-ons in your Order.

3.2 Every Plan includes: hosting in a UK data centre; unlimited SSD web space, bandwidth and databases (subject to the Fair Usage Policy); free SSL certificates when your domain uses our nameservers (SSL certificates for domains on third-party nameservers are available as a paid add-on); a web application firewall; bot and brute-force protection; malware scanning and removal; multi-factor login for your control panel; and daily website backups retained for six months.

3.3 We use carefully selected third-party infrastructure suppliers to provide the Services. We are responsible to you for the Services, but some service levels depend on those suppliers (see clause 11).

3.4 Free migration of one existing website and its email is included with every Plan. Migration of additional sites, or sites that need rebuilding or repair to work on our platform, will be quoted separately.

3.5 You may upgrade your Plan at any time; the new price applies from the next billing date, or pro rata where we agree. You may downgrade at renewal only, unless we agree otherwise.

3.6 Setup. We will set up your hosting and email your login details within 1 working day of receiving payment (or of your Order, for invoiced Clients). Where migration is included, we will agree a migration date with you.

3.7 Existing clients. If you hosted with us before 1 January 2027 and have not chosen a Plan by that date, your hosting will move to the Basic Plan from your first billing date on or after 1 January 2027. If you have prepaid for annual hosting, your current price continues until your renewal date. You can choose a different Plan at any time.

3.8 Bespoke plans. Bespoke plans are available for those that need that something extra, speak to the team to discuss a custom plan. Bespoke plan terms are set out in your bespoke Order.

4. Term and renewal

4.1 Every Plan has a minimum term of 12 months from the Start Date (the "Initial Term"), whether you pay monthly or annually.

4.2 After the Initial Term, this Agreement renews automatically for further 12-month periods (each a "Renewal Term") unless either of us gives at least 30 days' written notice before the renewal date. For annual plans, your renewal date is the anniversary of your account opening (the Start Date). Monthly plans are invoiced on the 1st of each month.

4.3 To cancel renewal, email support@turnerdigitalhosting.co.uk. We will confirm receipt in writing. Cancellation is not effective until we have confirmed it.

4.4 If you end the Agreement before the end of the Initial Term or a Renewal Term, the fees for the rest of that term remain payable, unless clause 6.3 or clause 18 applies. Annual add-ons, such as domain registration and renewal, Microsoft 365 licences and SSL, are payable for the year they cover.

5. Fees and payment

5.1 Fees are set out in your Order and are payable in advance. All prices exclude VAT, which is charged at the prevailing rate.

5.2 Payment methods:

• Card, monthly and annual, we email you an invoice and you pay it using the card payment option on the invoice.
• Direct Debit, monthly and annual, collected through our Direct Debit provider, protected by the Direct Debit Guarantee.
• Bank transfer, paid to the account on your invoice, quoting your invoice number.
• Invoice, existing clients, by agreement, paid by any of the methods above by the due date.

5.3 Monthly plans are billed on the 1st of each month. Payment is due on the invoice date and is collected automatically by card or Direct Debit. For Direct Debit, you will receive advance notice of the amount and date of each collection, including any change to the amount. Your first payment may be pro rata to the 1st of the next month.

5.4 Annual plans are invoiced 30 days before each anniversary of the Start Date. Payment is due on the anniversary date.

5.5 Fees are non-refundable once a billing period has started, except where clause 18 applies or the law requires otherwise.

5.6 If a card or Direct Debit payment fails, we will retry it and let you know. You must update your payment details or pay by another method within 7 days.

5.7 Late payment. If any amount is unpaid 14 days after the due date:

1. we will send you a reminder;
2. after 30 days, we may suspend the Services and charge a late payment fee of £25;
3. for business Clients, we may also charge statutory interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998 (currently 8% above the Bank of England base rate, plus £40, £70 or £100 depending on the amount owed);
4. after 60 days, we may terminate the Agreement, remove your website and email from our servers, and pass the debt to our appointed recovery agent, Absolute Enforcement Ltd. You will be liable for reasonable recovery costs.

5.8 Suspension does not end the Agreement or your obligation to pay.

5.9 Reinstatement. To restore suspended Services, you must pay all amounts owed plus a reinstatement fee: £50 within 30 days of suspension, £100 between 31 and 60 days, or £200 after 60 days (where a backup still exists, see clause 10.4).

5.10 Please contact us if you expect to pay late. We will always try to agree a reasonable payment plan before suspending Services.

6. Price changes

6.1 We may change our prices by giving you at least 30 days' written notice by email.

6.2 If you pay annually, your price is fixed for the year you have paid for. Any change applies from your next renewal.

6.3 If you do not accept a price increase, you may end the Agreement by giving us written notice before the increase takes effect. You will not pay the increased price or any early termination charge, but fees already paid are not refundable.

6.4 Prices for third-party products we resell, including domain names, Microsoft 365 licences and premium plugin or theme licences, may change when our suppliers change their prices. We will give you as much notice as we reasonably can.

7. WordPress, plugin and theme updates

7.1 Every Plan includes updates to WordPress core, plugins and themes installed on your website, on the schedule for your Plan:

• Basic: updates are scheduled monthly by us and applied directly to your live website.
• Standard and Premium: updates are applied weekly where required, and are tested on a staging copy of your website before being applied to the live site.

7.2 We may apply urgent security updates outside these schedules, on any Plan, where we consider it necessary to protect your website or our platform.

7.3 Updates do not include: premium plugin or theme licence renewals (charged separately); fixing plugins or themes that are no longer supported by their developer; custom code written by a third party; or redesign or rebuild work required by a major update. We will tell you if any of these affect your site and quote for any work needed.

7.4 If an update causes a problem on your website, we will use reasonable endeavours to fix it or roll it back. On Basic, the time needed to fix problems that are not caused by our own error is chargeable at our standard development rate.

7.5 If you or a third party install, change or remove plugins, themes or code, you are responsible for any resulting problems. We are not obliged to fix them, but can do so at our standard development rate.

8. Email

8.1 Each Plan includes the number of webmail accounts in Schedule A. Each mailbox has up to 10GB of storage, which can be increased with a storage add-on.

8.2 Additional mailboxes and storage can be bought at the prices on our website.

8.3 You may use a third-party email provider, such as Microsoft 365, instead of our webmail. Microsoft 365 licences are available from us as a separate add-on.

8.4 All mailboxes on one domain must be hosted with the same provider. We cannot host some mailboxes for a domain with us and others with a third party.

8.5 You must not use our email service to send spam, bulk marketing or unsolicited email. Sending limits apply under the Fair Usage Policy.

9. Development time

9.1 Standard includes 30 minutes and Premium includes 1 hour of development time each calendar month.

9.2 Development time covers small changes to your existing website, such as content edits, image changes, minor layout tweaks, and plugin configuration. It does not cover new pages built from scratch, new features, redesigns, SEO campaigns, or work on other websites; these will be quoted.

9.3 Unused development time does not roll over to the next month and has no cash value.

9.4 Time is recorded in 15-minute blocks. Work beyond your monthly allowance is charged at £75 per hour, or £50 per hour on Premium. We will tell you before you exceed your allowance. We record all development time in our client management system and will share your usage with you on request.

9.5 Basic does not include development time. Any development work is quoted at £75 per hour.

10. Backups

10.1 We take daily backups of your website files and databases and keep them for six months. Standard and Premium also include mailbox backups.

10.2 You can ask us to restore a backup at any time. Restores caused by our error are free. Other restores may be charged at our standard development rate; Standard and Premium Clients may use their development time.

10.3 Backups are provided to help recover your data, but we cannot guarantee that every backup will be complete or usable. You should keep your own copy of important content.

10.4 If your Services are suspended or ended, we will keep your most recent backup for six months, after which it will be permanently deleted.

11. Support and service levels

11.1 We provide support during the Working Hours for your Plan (Schedule A), by email to support@turnerdigitalhosting.co.uk and by WhatsApp. Basic support covers hosting and email issues; website changes are quoted.

11.2 Standard and Premium requests are prioritised over Basic requests.

11.3 We target 99.9% uptime for the hosting platform, measured monthly, excluding planned maintenance and events outside our reasonable control. Live platform status is published at status.turnerdigitalhosting.co.uk.

11.4 We will give reasonable advance notice of planned maintenance where possible, and will tell you about unplanned outages as soon as we are aware of them.

11.5 Premium includes downtime monitoring of your website. We will investigate alerts during your Working Hours.

11.6 Service credits or compensation for downtime are not provided, except as required by law.

12. Your responsibilities

12.1 You must:

• keep your account, control panel and email passwords secure and use multi-factor login where offered;
• make sure you have the right to use all content, images and software on your website;
• keep your contact and billing details up to date;
• comply with the Fair Usage Policy.

12.2 You must not use the Services to: break UK law (including data protection, consumer and copyright law); host malware, phishing pages or illegal content; send spam; attack or disrupt other systems; or anything else that could harm us, our suppliers or other customers.

12.3 We may suspend any part of the Services immediately, without notice, if your website or account is compromised, is causing harm, or breaks clause 12.2. We will tell you why as soon as possible and restore the Services once the issue is fixed.

13. Domain names

13.1 Domains we register for you are registered in your name (or your business's name) as the registrant. They belong to you.

13.2 Domain renewal is £25 plus VAT per domain per year, unless your Plan includes it. Premium includes the renewal of one domain.

13.3 We will invoice domain renewals before they expire. If a renewal is not paid, the domain may expire and may be lost. We are not liable for a domain lost through non-payment.

13.4 Premium or specialist domains may have different prices, which we will tell you before registration or renewal.

13.5 If you want to move a domain to another provider, we will give you the transfer code on request once all amounts you owe us are paid in full.

14. Licences and ownership

14.1 You own your website content, data and email.

14.2 Software licences, tools and premium plugins or themes supplied by us as part of your Plan remain licensed to Turner Digital Ltd. They are provided for use on your website only while you hold an active Plan, and are removed when the Agreement ends.

14.3 Licences you buy yourself, or buy from us as a separate paid licence in your name, belong to you.

15. Data protection

15.1 Each of us will comply with the UK GDPR and the Data Protection Act 2018.

15.2 For personal data held on your website or in your email, you are the controller and we are the processor. We will process it only to provide the Services and on your instructions, keep it confidential, protect it with appropriate security measures, use only suppliers who give equivalent protection, host it in the UK, tell you without undue delay about any personal data breach, and delete or return it when the Agreement ends.

15.3 Our use of your own personal data as a customer is explained in our Privacy Policy. We are registered with the Information Commissioner's Office under registration number ZA925795.

16. Liability

16.1 Nothing in this Agreement limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.

16.2 Subject to clause 16.1, our total liability to you in any 12-month period is limited to the fees you paid us in the 12 months before the claim.

16.3 For business Clients, we are not liable for loss of profits, sales, business, goodwill or data, or for any indirect or consequential loss.

16.4 For Consumers, we are responsible for loss that is a foreseeable result of our breach, but not for business losses.

16.5 We are not responsible for delays or failures caused by events outside our reasonable control, including failures of our upstream suppliers, internet outages, cyber attacks we could not reasonably have prevented, or acts of government.

17. Ending the Agreement

17.1 Either of us may end the Agreement at the end of a term by giving notice under clause 4.2.

17.2 We may end the Agreement immediately by written notice if you seriously or repeatedly break it, or under clause 5.7.

17.3 We may end the Agreement for any reason by giving you 30 days' written notice. We will then refund any prepaid fees for the period after it ends.

17.4 When the Agreement ends, you may ask us within 30 days for a copy of your website files and database. We will provide this free of charge once all amounts you owe us are paid in full, and nothing is released until then. Moving your website or email to another provider on your behalf is chargeable at our standard development rate.

18. Consumers

18.1 If you are a Consumer, you have 14 days from the Start Date to cancel without giving a reason. Email support@turnerdigitalhosting.co.uk to cancel.

18.2 If you asked us to start the Services within that 14 days, we will refund what you have paid, less a proportionate amount for the Services provided up to the date you cancelled, and less any domain registration fees (domains cannot be cancelled once registered).

18.3 Nothing in this Agreement affects your rights under the Consumer Rights Act 2015.

19. Transfer

19.1 You may transfer this Agreement to a buyer of your business with our written consent, which we will not unreasonably refuse.

19.2 We may transfer this Agreement to another business that takes over our hosting services, and will tell you if we do. If you are a Consumer and unhappy with the transfer, you may end the Agreement and receive a refund of prepaid fees for the unused period.

20. Complaints and disputes

20.1 Please raise any complaint first with support@turnerdigitalhosting.co.uk. If it is not resolved, email disputes@turnerdigitalhosting.co.uk. We will respond within 14 days.

20.2 If we cannot resolve a dispute between us, we will each consider mediation before starting court proceedings.

20.3 This Agreement is governed by the law of England and Wales, and the courts of England and Wales have jurisdiction. Consumers living in Scotland or Northern Ireland may also bring proceedings in their local courts.

21. Changes to this Agreement

21.1 We may update this Agreement from time to time. We will email you at least 30 days before any change that materially affects you, and publish the current version on our website.

21.2 If a change is significantly to your disadvantage, you may end the Agreement before it takes effect without any early termination charge.

Schedule A, Plan summary

Prices exclude VAT. Annual prices include one month free. Bespoke plans are available for those that need that something extra, speak to the team to discuss a custom plan.

Schedule B, Fair Usage Policy

Our plans include "unlimited" web space, bandwidth and databases for normal business websites. This policy explains what normal means, so the platform stays fast and secure for everyone.

B.1 What the hosting is for. Each Plan is for one business website and its email. It is not for file storage, backups of other systems, media streaming or download hosting, or reselling.

B.2 Guide limits. A website that goes beyond any of these is likely to be outside fair usage:

• more than 50GB of website files, or more than 250,000 files and folders;
• any single database over 5GB;
• scheduled tasks (cron jobs) running more often than every 5 minutes;
• processes that consistently use a large share of server CPU or memory.

B.3 Email. Each mailbox may send up to 500 emails per hour, to no more than 100 recipients per message. Newsletters and bulk marketing must be sent through a dedicated email marketing service. Mailboxes are limited to their storage allowance.

B.4 What happens if you exceed fair usage. We will contact you first, explain the issue and suggest options, such as optimising the site, moving to a more suitable service, or paying for extra resources. We may restrict resources immediately only if your usage is affecting other customers or the security of the platform.

B.5 Banned content and activity. As set out in clause 12.2.