Managed Hosting Services

1. Definitions

In these Terms and Conditions:

• "Service Provider", "I", "me", "my" refers to Alan Tiller, a sole trader operating from the Isle of Wight, United Kingdom.
• "Client", "you", "your" refers to the person or entity purchasing managed hosting services.
• "Services" refers to the managed hosting services including monthly application updates, maintenance, and related support.
• "Application" refers to your website, web application, content management system (CMS), or other software hosted under this agreement.
• "Updates" refers to software updates, patches, security fixes, plugin updates, theme updates, and version upgrades.

2. Service Description

Managed hosting services include:

• Monthly application updates (including CMS core updates, plugin updates, and theme updates where applicable)
• Basic security monitoring and maintenance
• Server-level maintenance
• Technical support via email during business hours

The specific scope of services will be detailed in your service agreement or invoice.

3. Monthly Application Updates

3.1 Update Schedule

Updates are typically performed once per month at a time determined by me. I will endeavour to perform updates during low-traffic periods where possible, but I do not guarantee any specific update schedule.

3.2 Scope of Updates

Monthly updates may include:

• Core CMS updates (e.g., WordPress, Drupal)
• Plugin and module updates
• Theme updates
• Security patches

Updates do not include:

• Major version upgrades that require significant testing or migration
• Custom development or feature additions
• Content updates or modifications
• Design changes
• Updates to custom code or bespoke functionality

4. No Liability for Update Issues

You acknowledge and agree that:

• Software updates carry inherent risks, including potential compatibility issues, broken functionality, visual changes, or data loss.
• Updates from third-party developers (plugins, themes, modules) are beyond my control and may contain bugs, security vulnerabilities, or breaking changes.
• I cannot test every possible combination of plugins, themes, and custom functionality before or after updates.
• Updates may occasionally cause website downtime, errors, or unexpected behaviour.
• Reverting updates may not always be possible or may result in data loss.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• I shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from the application of updates or any other aspect of the managed hosting services.
• I shall not be liable for any loss of data, loss of profits, loss of revenue, loss of business, business interruption, website downtime, broken functionality, or loss of goodwill resulting from updates or maintenance.
• I shall not be liable for any issues caused by third-party software, plugins, themes, or external services.
• I shall not be liable for any security breaches, hacking attempts, malware infections, or data theft, even if they occur after an update.
• My total liability for any claim arising from these Services shall not exceed the total amount paid by you for the managed hosting services in the three (3) months immediately preceding the claim.

6. Client Responsibilities

You are responsible for:

• Backups: Maintaining your own regular backups of all website files, databases, and content. While I may create backups before updates, these are not guaranteed and should not be relied upon.
• Testing: Reviewing your website after updates are applied and promptly reporting any issues.
• Compatibility: Ensuring that custom code, themes, and plugins you install are maintained and compatible with the latest software versions.
• Access: Providing necessary access credentials and permissions for me to perform updates.
• Content: All content hosted on your website, ensuring it complies with applicable laws.
• Communication: Notifying me of any critical functionality or pages that require special attention during updates.

7. Update Refusal

I reserve the right to refuse to apply certain updates if:

• The update poses a known significant risk to website stability.
• The update requires major migration work beyond the scope of routine maintenance.
• Your website contains unsupported, abandoned, or severely outdated software.
• Custom modifications prevent safe update application.

In such cases, I will notify you and discuss alternative options, which may require additional fees.

8. Emergency Updates

In the event of critical security vulnerabilities, I may apply emergency updates outside the normal monthly schedule. You will be notified of such updates as soon as practicable. The same limitations of liability apply to emergency updates.

9. Service Exclusions

The following are not included in managed hosting services and may be quoted separately:

• Major version upgrades (e.g., WordPress 6.x to 7.x)
• PHP version upgrades requiring code modifications
• Database migrations
• Fixing issues caused by your own changes or third-party interventions
• Recovery from security breaches or hacking
• Performance optimisation beyond routine maintenance
• Custom development work
• Content creation or updates

10. Payment Terms

• Managed hosting fees are payable in advance for the agreed billing period.
• Failure to pay on time may result in suspension of services, including updates.
• Refunds are not provided for unused portions of prepaid periods.
• Prices may be adjusted with 30 days' notice before your next billing period.

11. Suspension and Termination

I reserve the right to suspend or terminate managed hosting services if:

• You breach these Terms and Conditions.
• Payment is not received within 14 days of the due date.
• Your website is used for illegal purposes.
• Continued service poses unacceptable security or technical risks.

12. Indemnification

You agree to indemnify, defend, and hold harmless Alan Tiller from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the managed hosting services.
• Issues resulting from updates applied to your website.
• Your violation of these Terms and Conditions.
• Any content hosted on your website.
• Claims by third parties related to your website.

13. Force Majeure

I shall not be liable for any failure or delay in performing my obligations where such failure or delay results from circumstances beyond my reasonable control.

14. Third-Party Software

Many updates involve third-party software (plugins, themes, modules) developed by parties other than myself. I am not responsible for:

• Bugs or security vulnerabilities in third-party software.
• Breaking changes introduced by third-party developers.
• Discontinued or abandoned third-party software.
• Licensing or compatibility issues with third-party software.

15. Changes to Terms

I reserve the right to modify these Terms and Conditions at any time. Changes will be posted on this page with an updated "Last updated" date. Continued use of the services constitutes acceptance of the modified terms.

16. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

17. Severability

If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Contact

For questions about these Terms and Conditions or the managed hosting services, please contact me at:

Email: hello@alantiller.com