Terms and conditions for a web hosting provider

A hosting provider is responsible for a server and blamed for a website, and the two are not the same. The terms have to define what uptime is promised and what a credit is worth, what the customer may not do, whose responsibility backups are, when a site can be suspended, who owns the domain and who renews it, and what happens to the data when the customer leaves. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Web hosting providers, managed hosting businesses, resellers and agencies hosting client sites in England and Wales, serving business customers and some consumers, with domains, email and SSL sold alongside.

What matters in hosting terms

Service levels, uptime and credits

The terms should state the uptime commitment, how it is measured, what is excluded (scheduled maintenance, the customer's own code, upstream network failures, events outside your control) and that the remedy for a missed commitment is a service credit against future fees, capped, rather than damages. A commitment you cannot measure cannot be relied on, and the terms should describe the measurement.

Acceptable use and suspension

The terms should prohibit unlawful content, spam, malware, resource abuse and anything that harms other customers or your network, give you the right to suspend a site or account immediately for a breach, for non-payment or on a lawful demand, and to remove content that is unlawful. Where the customer hosts content from others, the terms should require the customer to deal with complaints about it and to indemnify you for it. Your own position on customers' content rests on the hosting defence in regulation 19 of the Electronic Commerce (EC Directive) Regulations 2002 and, for defamatory material, section 5 of the Defamation Act 2013, both of which depend on acting when you are notified, so the terms should give you the right to remove content on a complaint.

Backups, security and the customer's responsibility

The terms should say what backups you take, how often, how long they are kept and that restoration is on request and may be charged, and that the customer remains responsible for keeping its own copies, for its software, plugins and passwords, and for the security of its own site. A hacked site caused by an unpatched plugin is the customer's problem unless you sold a managed service that included patching.

Domains, renewals and ownership

Domain names are registered in the customer's name with the customer as registrant, and the terms should say so, along with who is responsible for renewals, what happens if a renewal payment fails (the domain may lapse and be lost), and that registry rules apply. A provider that registers domains in its own name creates a dispute on every exit.

Fees, term, data, exit and liability

Fees are in advance, monthly or annually, with automatic renewal made clear at purchase; consumers must see the renewal terms clearly under the Consumer Rights Act 2015 and business customers pay interest and fixed compensation on late payment under the Late Payment of Commercial Debts (Interest) Act 1998. You process the customer's personal data as a processor under the UK GDPR and the Data Protection Act 2018 and the terms need the processor provisions. On exit, the customer may export its data within a stated period, after which it is deleted; migration assistance is a chargeable service. Liability should be capped at the fees paid over a stated period, with consequential loss excluded, tested for reasonableness under the Unfair Contract Terms Act 1977 and not applied against a consumer's statutory rights.

What it costs

Customer or supplier terms and conditions, £995. One set of terms, customer-facing or supplier-facing, drafted for your business. Five working days.

Review of your existing terms, £495. You already have terms and want them checked and brought up to date. Returned marked up with my amendments and an explanation of the changes. Three working days.

Buying online forms the engagement on payment. The scope is what the terms and conditions drafting page describes, you accept the Terms of Service at checkout, and I email you within four working hours to get started. If you would rather ask something first, email me.

What you get

• A full set of bespoke terms drafted for your business, reflecting the legal requirements that apply to your business and sector
• A note in plain English explaining the terms I have drafted for you
• Liability, payment, termination and IP provisions that protect your position and are drafted to withstand scrutiny from the other side
• Guidance on how to incorporate the terms properly
• Your questions and comments answered by email or phone
• One round of amendments to finalise the terms ready for use

What is not included

• Negotiating your terms with individual customers (I am happy to quote for this as an additional service if required)
• Sector-specific regulatory compliance beyond the contract terms themselves
• Website privacy notice and cookie compliance, which I quote separately
• Terms governed by the law of another country
• Tax advice

Questions I am often asked

A customer's site was down for a day and they want compensation for lost sales. What do they get?

If the terms provide a service credit as the sole remedy for downtime and exclude consequential loss, a credit against future fees. A consumer customer keeps the statutory right to a service performed with reasonable care, but a credit is still the usual remedy where the outage was within the agreed commitment.

Can we suspend a site for unpaid invoices?

If the terms give you the right to suspend for non-payment after notice, yes. Deleting the data is a different step and should follow a longer, stated period.

The customer's domain lapsed because their card expired. Is that our fault?

If the terms make the customer responsible for keeping payment details current and say that a failed renewal may cause the domain to lapse, the loss is the customer's. Renewal reminders help, but the terms should not promise them as a guarantee.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for a web design and development agency
• Terms and conditions for an IT support business

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.