Hosting Service Agreement


THIS HOSTING SERVICE AGREEMENT is made
BETWEEN: the purchaser of a Kingfisher Web Services website ('the Principal')
AND: Kingfisher Web Services of Corner House, Normanton on Cliffe, Grantham, Lincs NG32 3BH and Web-in-a-Click of Humby, Grantham. NG33 4HW, UK ('the Service Providers').

BACKGROUND
  1. The Principal has requested the Service Provider to provide Hosting Services to the Principal.
  2. The Service Provider has agreed to provide the Hosting Services to the Principal upon and subject to the following terms and conditions.
NOW THE PARTIES AGREE as follows:
  1. HOSTING
    1.1: The Service Providers will provide the Hosting Services to the Principal.
    1.2: The Hosting Services shall be provided for a period of twelve months (12) months.
    1.3: At the end of the initial twelve (12) months in clause 1.2 the Hosting Services will be provided by the Service Providers on a month by month basis until such time as this Agreement is terminated by either party pursuant to clause 4 of this Agreement.
    1.4: All software used to enable the system to operate remains the Intellectual Property of the Service Providers. The Principal only leases use of the software for the term of this Service Hosting Agreement.
    1.5: Unless the Principal has puchased a Custom Design, there is a possibility that other clients' website will have the same or similar design. If the Principal has purchased a Custom Design, the Service Providers undertake to reserve use of that design exclusively for the Principal.
    1.6: The system works on the basis of Modules. These Modules have a common "look and feel", and therefore the websites of other clients of the Service Providers may have similar elements to the website of the Principal. In accepting this Agreement, the Principal agrees that similarities due to the nature of the software system provided by the Service Providers are acceptable and no action will be taken or attempted against the Service Providers or any other client of the Service Providers.
  2. PAYMENT
    2.1: The Principal will pay the Service Providers the Service Fee.
    2.2: The Service Providers will invoice the Principal for the Service Fee.
    2.3: The Principal must pay the invoice within 14 days from the date the invoice was received.
    2.4: There will be a recurring annual fee for the services, payable 12 months after the service start date. This fee is subject to change in the future, and is currently set at £99. This fee covers hosting, maintenance of the website, archiving of the Principal's data, modifications and patches to the software as deemed necessary by the Service Providers.
  3. THE CUSTOMER CONTENT
    3.1: The Principal grants the Service Providers a limited, non-exclusive, royalty free, non-sublicensable licence to the Service Providers to host, reproduce, transmit, cache, store, exhibit, publish, display, distribute, perform, edit, adapt, modify, create derivative works from, and otherwise use the Principal Content as necessary to provide the Services to the Principal.
  4. ACCEPTABLE USE
    4.1: The Principal will adhere to all applicable laws, rules and regulations.
    4.1: The Principal will also agree to adhere to the Acceptable Use Policy of our Hosting Provider.
    4.3: The Service Providers expect the Principal to adhere to "reasonable use" of bandwidth. If "excessive use" of video content is used, the Service Providers reserve the right to negotiate new terms if the service standard for other clients is affected. No definitions are provided at this time for "reasonable use" and "excessive use", however the Service Provider will strive to accomodate the service requirements of the Principal.
    4.4: The Service Providers reserve the right to remove offending material or in extreme cases deactivate the Principal's website for breach of the terms detailed in 4.1, 4.2 and 4.3.
  5. ARCHIVING DATA
    5.1: The Service Providers will archive the Principal’s data onto a backup mechanism on a regular basis.
  6. WARRANTY
    6.1: All warranties, conditions and representations whether express or implied other than express warranties stated by the Service Providers in writing are expressly excluded except in circumstances whereby the Service Providers are by law unable to exclude or limit such liability.
  7. TERMINATION
    7.1: Either party may terminate this Agreement by giving the other party 30 days notice of its intention to terminate.
    7.2: All fees are non-refundable, unless the Service Providers can be shown to have failed to provide the agreed services.
    7.3: If this Agreement is terminated, the Principal retains all Customer Content including page content and all database content pertaining to the website. If the Principal purchased a Custom Design then that is deemed to belong to the Principal however, the common templates are leased for the duration of this Agreement and remain the property of the Service Providers. These common templates cannot be copied for use on another hosting service.
  8. CONFIDENTIALITY
    8.1: The Service Providers agree that they must not use the Confidential Information for any purpose other than for the benefit of the Principal during or after the Term;
    8.2: The Service Providers agree to return to the Principal any or all of the Confidential Information on the request of the Principal.
  9. SERVICE LEVEL
    9.1: The normal hours of business of the Service Providers are 9am to 5pm, Monday to Friday (excluding Public Holidays). Initial contact is requested to be by email to info@kingfisherwebservices.co.uk, unless there is an emergency in which case the published phone number should be used.
    9.2: Whilst the Service Providers will make every effort to handle support cases quickly and efficiently, there may be times when we are unable to respond immediately. The Service Providers will endeavour to respond to all support enquiries within 24 hours, however no guarantee is given and no compensation is offered.
    9.3: The Service Providers aim to maintain an average "website uptime" of at least 98%. Generally, the uptime is much better than this, however we reserve the right to take the website offline periodically for routine maintenance of the system and fault repair as required. The Service Providers will undertake to carry out these maintenance tasks during non-business hours to avoid undue interruption to the Service