WordPress as a Service Terms

Introduction

This Hosting Agreement (“Agreement”) is entered into by and between Spidrweb, hereinafter referred to as “Provider,” and the party who will be utilizing the WordPress Hosting Services, hereinafter referred to as “the Client”. 

This Agreement outlines the terms and conditions under which the Provider offers WordPress hosting services to the Client.

The Provider specialises in offering comprehensive WordPress as a Service (WPaaS) solutions, designed to provide the Client with reliable, scalable, and secure web hosting for their WordPress website needs. 

The purpose of this Agreement is to set forth the general terms of service and the responsibilities of both the Provider and the Client in relation to the WordPress hosting services provided.

By engaging the services of the Provider, the Client agrees to be bound by the terms and conditions of this Agreement. This Agreement is effective upon the Client’s acceptance of these terms, either by written agreement or through the use of the Provider’s services.

Description of Services

Spidrweb, as the Provider, agrees to furnish the following WordPress hosting services to the Client:

1. WP Instance: Provision of a dedicated WordPress instance tailored to the Client’s specific requirements.
2. Choice of Locations: Flexibility to choose the hosting location from a range of global data centres to optimize performance and compliance.
3. Unmetered Traffic: Offering of unlimited bandwidth to accommodate the Client’s website traffic without additional charges.
4. Resources
   1. Essentials: Allocation of standard computing resources.
   2. Pro: Allocation of increased computing resources including storage, processing power, and memory to ensure optimal website performance.
   3. Elite: Allocation of high computing resources including storage, processing power, and memory to ensure optimal website performance.
5. Backups
   1. Essentials: 1 month retained backups.
   2. Pro: 3 months retained backups.
   3. Elite: 3 months retained backups.
6. Uptime Monitoring
   1. Essentials: Continuous monitoring of website uptime with checks every 15 minutes.
   2. Pro: Continuous monitoring of website uptime with checks every 5 minutes.
   3. Elite: Continuous monitoring of website uptime with checks every 1 minute.

7. SSL Monitoring: Regular monitoring and maintenance of SSL certificates to ensure secure connections to the Client’s website.
8. Health Monitoring (Elite only): Ongoing monitoring of the website’s health to identify and address potential issues proactively.
9. Malware Removal (Elite only): Active scanning for and removal of any malware found on the Client’s website to ensure security and integrity.
10. Dedicated Site Mailbox (Elite only): Provision of a dedicated email mailbox tailored for the Client’s site, enhancing communication and branding.
11. WordPress Consultation (Elite only): Access to WordPress experts for consultation, offering insights and advice for optimizing the Client’s website.
12. Support
    1. Essentials: WordPress only support
    2. Pro: Support for WordPress, Plugins and Themes.
    3. Elite: Guaranteed priority support ensuring quick and efficient resolution of any issues or enquiries.
13. Updates
    1. Essentials: No Updates applied.
    2. Pro: Updates are automated.
    3. Elite: Handling of all WordPress core, theme, and plugin updates, ensuring the website remains up-to-date and secure. Manually reviewed.

The Provider commits to delivering these services with the highest standard of quality and reliability, adhering to industry best practices. The Client’s satisfaction and the performance of the WordPress instance are of utmost importance in the delivery of these services.

Service Level Agreement (SLA)

1. Uptime Guarantee:
   • We guarantee a 99.99% uptime for our WordPress hosting services. This commitment ensures that your website will be operational and accessible with minimal downtime. Downtime does not constitute part of maintenance.
2. Support Response and Resolution Times:
   • Elite Plan:
     • Support Response Time: Within 1 hour of the client’s initial request.
     • Issue Resolution Time: Within 2 hours of the support response.
   • Pro Plan:
     • Support Response Time: Within 2 hours of the client’s initial request.
     • Issue Resolution Time: Within 4 hours of the support response.
   • Essentials Plan:
     • Support Response Time: Within 4 hours of the client’s initial request.
     • Issue Resolution Time: Within 8 hours of the support response.
3. Performance Monitoring:
   • Continuous monitoring of server performance to ensure compliance with the SLA standards.
4. SLA Exclusions:
   • The SLA does not cover issues caused by factors outside of Spidrweb’s control, including but not limited to client-side errors, third-party service failures, or force majeure events.
5. Review and Updates:
   • This SLA is subject to periodic review and may be updated to reflect changes in technology and service standards. Clients will be notified of any significant changes.

Fees and Payment Terms

This section outlines the fee structure for Spidrweb’s WordPress hosting services, including the monthly and annual payment options for the Essentials, Pro, and Elite plans.

1. Essentials Plan:
   • First Site: £15 per month or £150 per year.
   • Each Additional Site: £10 per month or £100 per year.
2. Pro Plan:
   • First Site: £30 per month or £300 per year.
   • Each Additional Site: £20 per month or £200 per year.
3. Elite Plan:
   • First Site: £45 per month or £450 per year.
   • Each Additional Site: £30 per month or £300 per year.

Payment Terms:

1. Billing Cycle: Clients may choose between a monthly or annual billing cycle. The annual cycle offers a discounted rate compared to the monthly option.
2. Payment Method: Payments are accepted via Card, Direct Bank Transfer or Direct Debit.
3. Due Date: Payment is due on the first day of the billing cycle. A grace period of 7days will be allowed for late payments.
4. Late Payment: In the case of late payment, Spidrweb may temporarily suspend services until payment is received. Repeated late payments may result in the termination of services.
5. Price Changes: Prices are subject to change based on the Retail Price Index (RPI). Spidrweb reserves the right to adjust the prices annually in line with the RPI to account for inflation. Any such adjustments will be communicated to clients at least 30 days before the new billing cycle begins.
6. Cancellation Policy: Clients may cancel their services with a 30 day notice. Refunds for the unused portion of the service will not be provided.
7. Additional Charges: Any additional charges, such as overages or special requests, will be billed separately and are subject to the same payment terms.

Use Policy

This Use Policy outlines acceptable and prohibited uses of Spidrweb’s WordPress hosting services. By using these services, the Client agrees to comply with this policy and ensures that any party using services under the Client’s account will also comply. Failure to adhere to this policy may result in suspension or termination of services.

1. Lawful Purpose: The Client agrees to use the hosting services only for lawful purposes. This includes compliance with all local, national, and international laws applicable to the Client’s operations.
2. Content Restrictions: Clients are prohibited from hosting, distributing, or publishing any content that is illegal, threatening, abusive, harmful, libelous, promotes violence, constitutes harassment, or is otherwise objectionable or offensive.
3. Intellectual Property Rights: Clients must respect intellectual property rights. Hosting pirated software, running bit-torrent clients, participating in file sharing or peer-to-peer activities where intellectual property rights are violated is strictly prohibited.
4. Resource Usage: Clients must not engage in activities that negatively impact the performance of other clients on the same server, such as running high-resource-consuming scripts or programs.
5. Prohibited Activities: The following activities are strictly prohibited:
   • Spamming, including sending unsolicited commercial or bulk emails.
   • Engaging in activities that are harmful to minors.
   • Attempting unauthorised access to other networks or accounts (hacking).
   • Distributing viruses or any other harmful computer code.
   • Running server process like IRC bots or clients.
6. Security: Clients are responsible for maintaining the security of their WordPress installation, including the use of strong passwords and keeping all software up to date.
7. Data Use and Privacy: Clients must respect privacy and data protection laws and should not collect or process personal data without appropriate consent and legal basis.
8. Reporting Abuse: Any instances of abuse or violation of this policy should be reported immediately to Spidrweb.
9. Policy Enforcement: Violations of this policy may result in a warning, suspension, or termination of services at Spidrweb’s discretion. Repeated violations may result in permanent termination.
10. Amendments: This Use Policy may be amended from time to time and the latest version will always be available on Spidrweb’s website. Continued use of the services after any amendments constitutes acceptance of the new terms.

Security and Data Protection

Spidrweb is committed to providing a secure and reliable hosting environment. Our Security and Data Protection policies are designed to protect the integrity, confidentiality, and availability of client data.

1. Data Security:
   • Spidrweb employs robust security measures to safeguard client data against unauthorised access, alteration, disclosure, or destruction. These measures include, but are not limited to, firewalls, encryption technologies, and secure access controls.
2. Data Backup:
   • Regular backups of client data are conducted to ensure data recovery in case of accidental loss or damage. These backups are retained for a period depending on your package and are stored securely in 3 offsite locations.
3. Data Privacy:
   • Spidrweb complies with all applicable data protection laws and regulations. Client data will not be shared, sold, or rented to third parties without the client’s consent, except as required by law.
4. Client Responsibilities:
   • Clients are responsible for maintaining the confidentiality of their account information and passwords. They must also ensure that their content and activities conducted through the hosting service comply with data protection laws.
5. SSL Certificates:
   • SSL certificates are used to secure client websites and protect the transmission of data. Clients are responsible for renewing their SSL certificates; Spidrweb will provide reminders and assistance as needed.
6. Incident Response:
   • In the event of a security breach, Spidrweb will promptly investigate the matter and take necessary corrective actions. Affected clients will be notified as required by law and provided with relevant information about the breach.
7. Compliance and Audits:
   • Spidrweb regularly reviews and updates its security policies and procedures to ensure compliance with current best practices and legal requirements. Audits are conducted periodically to assess the effectiveness of our security measures.
8. Third-Party Services:
   • For services requiring integration with third-party vendors, clients must acknowledge that Spidrweb cannot be held responsible for the security and data protection practices of these external parties.
9. Data Transfer:
   • In the case of international clients, data transfer across borders will be conducted in compliance with international data protection standards and regulations.
10. Amendments:
    • This Security and Data Protection policy is subject to change. Clients will be notified of significant changes or updates. Continued use of the services constitutes acceptance of these changes.

Client Responsibilities

In addition to adhering to the terms set forth in this agreement, clients of Spidrweb’s WordPress hosting services are expected to fulfil the following responsibilities:

1. Account Information: Maintain accurate and up-to-date account information at all times, including contact details, billing information, and any other necessary data.
2. Compliance with Laws: Ensure that all activities conducted through the hosting service, including content and data processing, comply with all applicable laws, regulations, and this agreement.
3. Content Management: Be responsible for the management and integrity of the content hosted on their WordPress site. This includes ensuring that the content is legal, does not infringe on intellectual property rights, and is not harmful or offensive.
4. Security Measures: Implement appropriate security measures to protect their website and user data. This includes using strong passwords, regularly updating WordPress themes and plugins, and not sharing login credentials.
5. Data Backup: Regularly back up their website content and data, in addition to the backups provided by Spidrweb, to prevent data loss.
6. Reporting Issues: Promptly report any technical issues, security breaches, or unauthorized access to Spidrweb, to enable quick resolution and minimize potential harm.
7. Use of Services: Use Spidrweb’s hosting services in a manner that does not harm the server’s performance or other clients’ use of the services. This includes not engaging in activities such as sending spam, running unauthorized scripts, or hosting prohibited content.
8. Payment Obligations: Adhere to the agreed-upon payment schedule and ensure timely payment of all fees associated with the hosting services.
9. Third-Party Claims: Notify Spidrweb immediately of any third-party claims or potential legal actions related to their hosted content.
10. Amendments and Updates: Stay informed of any amendments or updates to this agreement and abide by the revised terms.

Termination Policy

This Termination Policy outlines the conditions under which either Spidrweb or the Client may terminate the hosting service agreement.

1. Termination by the Client:
   • The Client may terminate this agreement at any time by providing Spidrweb with a 30 day written notice.
   • Upon termination, the Client is responsible for transferring their data out of Spidrweb’s systems before the end of the notice period. Spidrweb will assist in this process upon request.
2. Termination by Spidrweb:
   • Spidrweb reserves the right to terminate the agreement with immediate effect in cases of severe breach by the Client, such as illegal activities, non-compliance with the Use Policy, or non-payment of fees.
   • In cases of less severe breaches, Spidrweb will provide the Client with a written warning and a 7 day period to rectify the issue before proceeding to termination.
3. Effect of Termination:
   • Upon termination, all Client data will be deleted from Spidrweb’s servers after the end of the notice period, except where data retention is required by law.
   • Any prepaid fees for services beyond the termination date will not be refunded.
4. Suspension of Services:
   • Spidrweb may temporarily suspend services in cases where continued operation would result in significant risk to security, performance, or legal compliance. The Client will be notified of the reasons for suspension and the steps required to reinstate the service.
5. Post-Termination Access:
   • After termination, the Client will not have access to their data or the hosting services. It is the Client’s responsibility to ensure that all necessary data is backed up or transferred prior to termination.
6. Amendments to Termination Policy:
   • Spidrweb reserves the right to modify this Termination Policy. Clients will be notified of significant changes in advance.

Limitation of Liability

This section outlines the extent to which Spidrweb is liable for any damages or losses arising from the use of its WordPress hosting services.

1. Scope of Liability:
   • Spidrweb’s liability under this agreement shall be limited to direct damages proven by the Client. The total liability of Spidrweb for any and all claims arising from or in connection with this agreement, regardless of the form of action, shall not exceed the total amount of fees paid by the Client to Spidrweb for the services during the twelve (12) months immediately preceding the claim.
2. Exclusion of Certain Damages:
   • In no event shall Spidrweb be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services; or (iii) unauthorized access, use, or alteration of your transmissions or content.
3. Force Majeure:
   • Spidrweb shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Spidrweb’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
4. Acknowledgement by Client:
   • The Client acknowledges that Spidrweb is not responsible for any unauthorized access to or alteration of the Client’s data or for any material or data sent or received or not sent or received, or any transactions entered into through Spidrweb’s service. The Client agrees that Spidrweb is not responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights.
5. Indemnification:
   • The Client agrees to indemnify and hold harmless Spidrweb, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney fees and costs, arising out of or in any way connected with the Client’s access to or use of the services or the Client’s violation of this agreement.

Amendments and Modifications

This section outlines the process by which Spidrweb may amend or modify the terms of this hosting service agreement and related policies.

1. Right to Amend:
   • Spidrweb reserves the right to amend, modify, add, or remove portions of this agreement and any associated policies or terms of service at any time.
2. Notification of Changes:
   • Any amendments or modifications will be communicated via Spidrweb’s website.
3. Effective Date:
   • Changes will become effective immediately, unless a different effective date is specified in the notice.
4. Client’s Acceptance:
   • Continued use of Spidrweb’s hosting services after the effective date of any changes will constitute the Client’s acceptance of those changes. If the Client does not agree to the changes, they have the right to terminate the agreement in accordance with the Termination Policy outlined in this agreement.
5. Material Changes:
   • In the case of material changes to the terms of service that significantly affect the Client’s rights or obligations, Spidrweb will endeavour to provide at least 30 days’ notice before such changes take effect.
6. Consultation Period:
   • For significant amendments, Spidrweb may provide a consultation period during which Clients can provide feedback on the proposed changes before they become effective.
7. Record of Amendments:
   • A historical record of all amendments and modifications will be maintained by Spidrweb and will be available to Clients upon request.