Hosting Agreement for ByConstant: Digital Agency
Last Updated: 1st January 2025
This Hosting Agreement (“Agreement”) governs the web hosting services provided by ByConstant: Digital Agency (“we”, “us”, or “our”) to the client (“you” or “Client”). The agreement becomes effective upon purchase of any hosting service from ByConstant.
1. Service Terms
1.1 Length of Service: There is no mandatory contract period unless a fixed hosting term is purchased in advance.
1.2 Service Start Date: Hosting services commence upon receipt of the first payment and any setup fees, or on a mutually agreed date. No services will begin until payment is received.
1.3 Renewal: Hosting services automatically renew monthly unless the Client provides written cancellation at least 30 days before the renewal date. Renewals indicate acceptance of any updates to pricing or terms. Invoices for renewal will be automatically issued.
1.4 Cancellation: If the Client cancels payment, hosting services (including website and email access) will be terminated immediately. Contact us promptly if this was accidental.
1.5 Migration: Should the Client wish to transfer to another host, ByConstant will provide the necessary credentials and files at no additional charge. Beyond that, no further obligations or support are provided post-cancellation.
2. Hosting Package & Pricing
Standard hosting is charged at £15+VAT per month, which includes: 5GB storage, 10,000 monthly visitors, Free SSL certificates, PCI compliance, Scheduled weekly backups, and On-demand backups. Upgrades may be required if bandwidth or storage limits are exceeded. Additional features or higher-tier packages may incur additional monthly fees. Billing occurs on the same day each month based on the date of original sign-up.
3. Payment Terms
Clients must complete registration using our secure sign-up form. Payment details are encrypted and securely stored. No payment details are visible to ByConstant personnel. Hosting plan comparisons can be found at: https://constanthosting.co.uk/shared-website-hosting/
4. Proprietary Information
All proprietary information shared during the service period must be treated as confidential. This includes pricing, technical methods, code, and internal procedures. The Client agrees not to reverse engineer, replicate, or redistribute any technology, tools, or intellectual property provided by ByConstant.
5. Censorship
ByConstant does not monitor or censor content hosted through its servers. However, we reserve the right to suspend or terminate services in the event of illegal or malicious content hosted on our infrastructure.
6. Warranties
We provide hosting services without warranties of any kind. We are not responsible for service interruptions, data loss, speed fluctuations, or inaccuracies of third-party software. Connection speeds refer to theoretical maximums and may vary. Our liability for any downtime or access issues is limited to a pro-rata refund for that month.
7. Trademarks & Copyright
The Client confirms they have legal rights to use all images, branding, content, and trademarks hosted on their website. ByConstant holds no liability for copyright violations.
8. Termination of Agreement
ByConstant may terminate this agreement under any of the following conditions: Breach of any clause within this agreement; Failure to make payment within 30 days of invoice; Insolvency or legal proceedings affecting the Client; Mutual written agreement. In such cases, hosting services will be suspended and all content removed. If the Client terminates services, all hosted services will cease.
9. Disputes
In the event of a dispute, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, and associated costs including appeals.
10. Indemnification
The Client agrees to indemnify and hold harmless ByConstant from all claims, losses, damages, liabilities, and legal fees arising from their use of the services, unauthorised use of third-party content, or breach of this agreement.
11. General Provisions
If any part of this agreement is deemed unenforceable, all other provisions will remain valid. This agreement is governed by UK law. Delay or failure to enforce any term does not constitute a waiver of rights.
For questions or further assistance, contact us: Email: hello@byconstant.co.uk