Trading terms – website and email hosting

Section One: Terms and Conditions

  1. General

1.1. The terms and conditions set out in this Annex relate to our website and email service and are in addition to our general Trading Terms.

1.2. The Hosting Service means the service we provide to you for the use of hosting a website and associated basic email addresses.

1.3. We may from time to time amend the Terms, Charges or Services.   Whenever we make such changes, we will update the Website to reflect this and notify you in writing to your nominated email address that forms part of your Master Contact Details.

1.4. All definitions used in the main body of the standard terms apply to this Annex.

1.5. Any reference to a “clause” is to a clause of the general Trading Terms.  Any reference to a “paragraph” is to a paragraph of this Annex.

1.6. Other definitions that appear only in this Annex have the meanings set out below:

  •   “Content” means all Data associated stored using the Hosting Service;
  •  “Globe2 Personal Data” means “personal data” processed in the course of our business and for which we are the “data controller” for the purposes of the Data Protection Act 1998.
  1. Use of the Services

2.1. To use the Hosting Service, you must:

2.1.1. Purchase from us and keep active a Hosting Service;

2.1.2. Purchase from us or supply access to a domain name;

2.2. Once activated, the Hosting Service will store files relating to your website and also emails associated with registered email addresses. The Data stored will vary according to your configuration but may include (but is not limited to):

  • website code files, such as HTML or PHP
  • Images
  • Multi-media files (audio or video)
  • User comments and related information (name, IP address, email)
  • Any information that you collect from website users directly

2.3. You acknowledge and agree that at all times:

2.3.1. You will comply with all relevant Law.  The storing of Personal Data engages a number of legislative instruments and areas of law.  This may include, without limitation, the Data Protection Act 1998, the Regulation of Investigatory Powers Act 2000, the Investigatory Powers Act 2016, the Privacy and Electronic Communications (EC Directive) Regulations 2003, and the common law concerning confidence and privacy.  Without affecting the provisions of clause 8 of the Main Body Terms, you are solely responsible for complying with all relevant Law and you acknowledge and agree that failing to do so may result in legal liability to you.  You are strongly advised to seek independent legal advice concerning your storing of Personal Data using the CRM Service;

2.3.2. You will remain solely responsible for:

2.3.2.1. notifying the users of the Hosting Service and also of your website that the Data is being recorded and (where appropriate) seeking consent in accordance with relevant Law; and

2.3.2.3. the website and email Data may be stored on third party Supplier servers.  We will have no liability to you for any loss or corruption of Data in any location.

2.4. We will only access your Data for the purposes of providing the Hosting Service.

  1. Data Protection Act compliance

3.1. You acknowledge and agree that, for the purposes of the Data Protection Act 1998:

3.1.1. The Data recorded constitute “personal data” and may, depending on the content, constitute “sensitive personal data”;

3.1.2. You are the “data controller” and, in respect of enabling the recording of data using the Hosting Service, we are the “data processor”;

3.1.3. You are solely responsible for determining appropriate data retention periods for the Content stored, and acting accordingly to effect deletion, for the purposes of relevant Law.

3.1.4. As data controller for the Content, you permit us to carry out data processing by means of operating the Hosting Service in accordance with the Terms.

3.1.5. In relation to our duties as data processor:

3.1.5.1.  We agree to use our reasonable endeavours to comply with any reasonable and lawful instruction which you, as the data controller, give to us in connection with the Content (and we will not act on instructions from any third party in respect of the processing, except where it is necessary to comply with a relevant regulatory authority or is otherwise required under relevant law);

3.1.5.2. We will carry out the relevant processing of the Content with the same degree of skill and care as we exercise in respect of the processing of Globe2  Personal Data and, in any event, in accordance with obligations equivalent to those imposed on a data controller by the seventh principle of the Data Protection Act 1998.

  1. Indemnity

4.1. In addition to any indemnity set out in the general Trading Terms, you agree to fully indemnify us and keep us fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever incurred by us in connection with:

4.1.1. Your breach of any relevant Law (including, but not limited to the Data Protection Act 1998, the Regulation of Investigatory Powers Act 2000, the Investigatory Powers Act 2016, the Privacy and Electronic Communications (EC Directive) Regulations 2003, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000), the General Data Protection Regulation and the common law concerning confidence and privacy; or

4.1.2. Your breach of the Terms.

  1. Availability of the Hosting Service and Content after suspension or termination

5.1. Depending on the hosting package website and database content may be backed up on a daily basis or on request but we do not guarantee the integrity of your Data or Content.  Emails are not backed up. If you wish to keep any back-up of Content, you should ensure it is done so in accordance with all relevant Law.

5.2. You will be unable to access the Hosting Service if:

5.2.1.  in accordance with the Terms, we suspend your Hosting Service or terminate the Contract for either; or

5.2.2. our suppliers suspend or terminate the service.

5.3. If you choose to terminate the Contract for your relevant Hosting Service you will be unable to use the Hosting Service after the relevant notice period expires.

5.6. Where any of the suspension, termination or access-revocation events set out in paragraphs 5.2 to 5.3 occur, we will have no liability to you provided we act in accordance with the Terms.

6.1. Details of all prices in this Annex are exclusive of VAT.

6.2. The prices for our Goods and Services will be those which are agreed with you at the time of ordering the service.

7. Maintenance

7.1. We may offer website maintenance for a fixed monthly premium

7.2. Website maintenance includes the following, within Fair Usage limits as per 7.4:

  • Ad hoc WordPress updates
  • Ad hoc plugin updates
  • Minor website updates such as a new page, plugin or addition of provided content
  • Investigation of Plugin conflicts
  • Technical support relating to the website hosting
  • DNS updates for websites where we control the DNS record
  • Daily or on-request website backups, depending on the hosting package
  • Restoration of websites from backup

7.3 Website maintenance by default excludes the following:

  • Website design, re-design or theme design
  • Image or logo creation, or manipulation
  • Plugin debugging
  • CSS debugging
  • Creation of content
  • Search Engine Optimisation (SEO)
  • Social Media
  • Work on websites not hosted by Globe2
  • Updates to DNS records not controlled by Globe2

7.4 Fair Usage
7.4.1 Default limitations
Unless specified elsewhere within your maintenance contract, the following limitations shall apply:

  1. The total amount of support within a 12 month period should not exceed 5 hours
  2. Work listed in point 7.3

Work undertaken where no maintenance package is in place, when the time spent exceeds the Fair Usage limit, or which involves work excluded from the maintenance package will be charged at our hourly rate.
In the event of hourly charges being applicable, we will advise this prior to undertaking any work.