Terms and Conditions for WordPress Hosting Services

These Terms and Conditions (“Agreement”) govern the provision of WordPress hosting services (“Services”) by Fewston Digital Limited (“we,” “us,” “our”), a company registered in England and Wales under company number 14673022, to you (“you,” “your,” “the Client”).

By purchasing and using our Services, you agree to be bound by this Agreement.

1. Definitions

• “Services”: The managed WordPress hosting services.
• “Client Content”: All text, graphics, images, code, data, and other materials provided by you for publication on the website hosted by us.
• “AUP”: Acceptable Use Policy, as detailed in Section 5.
• “UK GDPR”: The retained EU law version of the General Data Protection Regulation ((EU) 2016/679).
• “Term”: The initial period and any subsequent renewal periods for which you have purchased the Services.

2. The Services

2.1. We will provide the Services with reasonable care and skill. We aim to provide high levels of availability, but we do not guarantee that the Services will be uninterrupted or error-free.

2.2. Scope of Service: Our services are limited to the hosting environment for your WordPress website. This includes:

• Management of the server infrastructure.
• Automated backups.
• Security measures at the server level.

2.3. Exclusions: The Services do not include:

• Website design, development, or custom coding.
• Updates to WordPress core software, themes and plugins.
• SEO services, content creation, or marketing.
• Fixing issues caused by faulty custom code, third-party plugins not supported by us, or changes made by you that break the website’s functionality.
• Direct support for your customers or website visitors.

2.4. Maintenance: We may need to perform scheduled or emergency maintenance. We will provide you with as much notice as is reasonably possible via email for any scheduled maintenance that may impact service availability.

3. Client Obligations

3.1. You agree to provide us with accurate and complete contact and billing information and to keep this information updated.

3.2. You are solely responsible for all Client Content. You warrant that you own or have the necessary rights to use and publish all Client Content.

3.3. You are responsible for maintaining the confidentiality of your login credentials (e.g., WordPress admin, FTP, control panel passwords).

3.4. You agree to abide by the Acceptable Use Policy (AUP) outlined in Section 5.

3.5. You are responsible for ensuring that the WordPress core software, all plugins, and themes installed on your website are properly licensed and kept up-to-date.

4. Fees and Payment

4.1. Fees for the Services shall be as set out in our quotation at the time of purchase. All fees are quoted in Pounds Sterling (GBP) and are exclusive of VAT unless otherwise stated.

4.2. Invoices are payable in advance for the agreed Term (e.g., monthly or annually).

4.3. Payment shall be made via the methods we specify.

4.4. Late Payments: If you fail to pay an invoice by the due date, we may, without prejudice to our other rights:

• Suspend or terminate the Services.
• Charge interest on the overdue amount at the rate specified by the Late Payment of Commercial Debts (Interest) Act 1998.

4.5. Price Changes: We reserve the right to change the fees for our Services. We will provide you with at least 30 days’ notice of any price changes for a renewal Term.

5. Acceptable Use Policy (AUP)

5.1. You may not use the Services for any of the following purposes:

• To host, store, or distribute any material that is illegal, defamatory, obscene, harassing, or infringes on the intellectual property rights of any third party.
• To send unsolicited commercial email (“spam”).
• To engage in phishing, malware distribution, or any other activity that compromises the security of our network or other users.
• To run applications that cause a disproportionate load on the server resources (e.g., cryptocurrency mining).

5.2. A breach of the AUP may result in the immediate suspension or termination of your Services without notice.

6. Term and Termination

6.1. This Agreement will commence on the date you sign up for the Services and will continue for the initial Term. It will automatically renew for successive periods of the same duration unless terminated by either party.

6.2. Termination by You: You may terminate this Agreement by providing us with at least [e.g., 30] days’ written notice before the end of the current Term. No refunds will be provided for any unused portion of the Term.

6.3. Termination by Us: We may terminate this Agreement:

• By providing you with at least 30 days’ written notice.
• Immediately, if you are in material breach of this Agreement, including non-payment of fees or violation of the AUP.

6.4. Consequences of Termination:

• Upon termination, your access to the Services will cease.
• It is your responsibility to take a full backup of your Client Content before the termination date.
• We will permanently delete all Client Content from our servers within14 days of termination. We will not be liable for any loss of data following termination.

7. Data Protection

7.1. For the purposes of UK GDPR and the Data Protection Act 2018, you are the “Data Controller” and we are the “Data Processor” with respect to any personal data contained within the Client Content.

7.2. We will only process personal data on your documented instructions and for the purpose of providing the Services.

7.3. We will implement appropriate technical and organisational security measures to protect personal data against unauthorised access, loss, or destruction.

7.4. Our own handling of your personal data (as a client) is governed by our Privacy Policy, which is available on our website.

7.5. We will store and process your data primarily within data centres located in the United Kingdom or the European Economic Area (EEA).

8. Backups and Data Loss

8.1. We will perform regular automated backups of your website data. However, these backups are provided as a courtesy and without warranty.

8.2. You are ultimately responsible for maintaining your own independent backups of your Client Content.

8.3. We shall not be liable for any loss of data, regardless of the cause. We highly recommend you store your own backups in a separate, secure location.

9. Limitation of Liability

9.1. Nothing in this Agreement shall exclude or limit our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

9.2. We shall not be liable to you for any indirect or consequential loss, including but not limited to loss of profits, loss of data, loss of business, or depletion of goodwill.

9.3. Our total aggregate liability to you under this Agreement, whether in contract, tort (including negligence), or otherwise, shall be limited to the total fees paid by you for the Services in the 12 months immediately preceding the event giving rise to the claim.

9.4. The Services are provided “as is,” and we expressly disclaim all warranties, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

10. Indemnity

You agree to indemnify and hold us harmless from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your use of the Services or your Client Content, including any claim that the Client Content infringes the intellectual property rights of a third party.

11. Confidentiality

Each party agrees to keep confidential all information (written or oral) of the other party that it receives in connection with this Agreement and to use such information only for the purposes of this Agreement.

12. General

12.1. Governing Law and Jurisdiction: This Agreement and any dispute or claim arising out of it shall be governed by and construed in accordance with the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.

12.2. Entire Agreement: This Agreement, along with our Privacy Policy, constitutes the entire agreement between the parties and supersedes all prior agreements.

12.3. Amendments: We may update these Terms and Conditions from time to time. We will notify you of any significant changes by email. Your continued use of the Services after such notification will constitute your acceptance of the new terms.

12.4. Notices: Any notice given under this Agreement shall be in writing and sent by email to brian@festondigital.com for us, and to the email address you provided for you.

12.5. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

12.6. No Waiver: A failure by either party to exercise any right or remedy under this Agreement shall not constitute a waiver of that right or remedy.

Last Updated 17 October 2025