Website Hosting Terms

In plain English

We host your website on servers we run in Hetzner data centres in Germany, inside the EU, and we keep those servers patched, monitored and backed up. On the Managed plan we also look after the website itself: software updates, malware scanning and small changes each month. Your website and its data belong to you, and you are responsible for what is on it. Plans run month to month or yearly, and you can cancel whenever you like. If you leave, we give you a full copy of your website for free. We aim to keep your site online all the time, but we can't promise it will never go down, so keep your own copy of anything important.

This summary is provided for convenience only. The full terms below take precedence in all cases.

1. About These Terms

1.1 These Website Hosting Terms ("Terms") apply when Geeky Code Ltd ("Company", "we", "us", or "our"), a company registered in England and Wales (Company Number: 12200751), with its registered office at 24 Downsview, Chatham, Kent, ME5 0AP, United Kingdom, hosts a website for a business customer ("you", "your", "Client").

1.2 Your order, whether a quote you accept, a package you request through our website or a request you confirm in writing (the "Order"), and these Terms together form the contract between us (the "Agreement"). If they conflict, the Order takes precedence.

1.3 These Terms are for business customers only. They do not apply to consumers.

1.4 Designing or building a website is covered by our separate Web Design Terms, domain names by our Domain Name Terms, email by our Email Hosting Terms, and our SaaS products by our SaaS Terms.

2. The Service

2.1 What we provide – We host your website on servers we manage, in Hetzner Online GmbH data centres in Germany ("Hetzner"). We keep the servers' operating system and hosting software patched, monitor them, and back them up.

2.2 Plans – Websites are hosted on the plans described on our hosting page or in the Order, currently Static and Managed. Each plan has its own allowances for the number of websites, storage and backups, and its own level of support.

2.3 Static plan – The Static plan hosts websites built as static files, such as HTML, CSS, JavaScript and images. It does not run server-side code or databases. You, or whoever built the site, are responsible for the website's files and for keeping them up to date.

2.4 Managed plan – On the Managed plan, we also look after the websites themselves. This includes:

• applying updates to the website's software, such as its content management system, themes and plugins, at least once a month, and sooner for urgent security fixes;
• scanning for malware, and cleaning up any we find;
• a staging copy of each website, so that changes can be checked before they go live; and
• up to 1 hour of small changes each month, such as text and image updates. Unused time does not carry over to the next month. Larger work is quoted separately under our Web Design Terms.

2.5 Updates on the Managed plan – Software updates occasionally change how a website looks or behaves, or stop an older theme or plugin working. Where we can, we test updates on the staging copy first. If an update causes a problem, we will roll it back or fix it. If software is no longer maintained by its makers, we will tell you and recommend a replacement, and the work to replace it is quoted separately.

2.6 SSL certificates – We issue and renew SSL certificates for your websites automatically and at no extra charge, as long as the website's domain points to our servers.

2.7 Changing your plan – You may move between plans, or add or remove websites, at any time by asking us. We will adjust your next invoice to match.

3. Setup and Migration

3.1 Your domain – Your website needs a domain name, registered through us or elsewhere. Where we do not manage its DNS, it is your responsibility to point it at our servers using the records we give you.

3.2 Migration – We will move your existing website to our servers at no charge. You must give us the access we reasonably need to do this, and keep your old hosting running until we confirm the move is complete.

3.3 Websites we did not build – We can host a website someone else built, but we are not responsible for faults in its code or design. If a website needs work before it can run safely on our servers, we will tell you and quote for it.

4. Fair Use and Resources

4.1 Allowances – Each plan has a storage allowance. We will tell you if a website is close to its allowance, so that you can tidy it up or move to a larger plan.

4.2 Fair use – The service is for hosting websites for your business. A website must not use so much processing power, memory or bandwidth that it affects other customers. If one does, we will tell you and work with you to fix it, and may limit it in the meantime. If it keeps happening, we may ask you to move to a plan or service that fits.

5. Acceptable Use

5.1 What you must not do – You must not, and must make sure anyone you give access to does not, use the service to:

• host or distribute anything unlawful, or that infringes anyone else's rights, such as their copyright or trade marks;
• host phishing pages, malware, or anything else designed to deceive people or harm their devices;
• send spam or bulk email from our servers;
• mine cryptocurrency, run file-sharing or proxy services, or store backups or files unrelated to your websites;
• attack, scan or break into other systems; or
• place an unreasonable load on, or otherwise interfere with, our servers or network.

5.2 Your content – You are responsible for the content of your websites, including anything your website's visitors post to it, and for making sure your websites meet the laws that apply to them, such as data protection, cookie and consumer law.

5.3 Complaints – If we receive a complaint about content on one of your websites, we will pass it to you. If we reasonably believe the content is unlawful, we may remove it or take the website offline until the problem is resolved, and will tell you when we do.

6. Security and Suspension

6.1 Our security – We keep our servers patched, restrict access to them, and monitor them for problems and attacks.

6.2 Your security – You are responsible for keeping the passwords to your websites' admin areas secure, and for telling us straight away if you think one has been compromised. On the Static plan, you are also responsible for the security of the website's own code.

6.3 Emergency suspension – If a website has been compromised, is breaching section 5, or is putting our servers or other customers at risk, we may take it offline immediately, without notice. We will tell you as soon as we can, explain why, and bring it back online once the problem is fixed.

7. Backups

7.1 Our backups – We back up each website on the schedule for its plan, currently daily backups kept for 7 days on Static and hourly backups kept for 30 days on Managed. We copy backups to a second data centre, also in the EU, every day.

7.2 Restores – If you need a website, or part of one, restored from a backup, ask us and we will do it at no charge.

7.3 Not a guarantee – We take care with our backups, but we cannot guarantee that every backup will be complete or that data will never be lost. You should keep your own copy of anything you cannot afford to lose, and we will give you a copy of your website whenever you ask.

8. Fees and Payment

8.1 Fees – Fees are charged at the prices set out in the Order or our current price list. All fees are exclusive of VAT, which is added where applicable.

8.2 Billing – Plans are billed monthly or yearly, as set out in the Order, in advance. Invoices are due within 14 days of the invoice date.

8.3 Price changes – We may change our prices by giving you at least 30 days' notice in writing. For yearly plans, a new price only applies from your next renewal.

8.4 Unpaid invoices – If an invoice is more than 30 days overdue, we may suspend your websites after giving you at least 7 days' written notice. We will restore them once the overdue amount is paid.

8.5 Refunds – Fees are not refunded for part of a billing period.

9. Your Data

9.1 Your website belongs to you – We do not claim any ownership of your websites' files, content, databases or other data ("Your Data"). Where we build a website for you, ownership of the website itself is covered by our Web Design Terms.

9.2 Our use of Your Data – We only access Your Data to provide, support and secure the service, on your instructions, or where the law requires it.

10. Data Protection

10.1 Our roles – For the personal data held on your websites, such as contact form submissions, user accounts and visitor logs, you are the controller and we are your processor, with Hetzner as our sub-processor. We process that data only to provide the service and on your instructions, as set out in our Data Processing Agreement.

10.2 Where your website is held – Your websites and their backups are stored in Hetzner data centres inside the EU, mainly in Germany. The UK recognises the EU as giving personal data an adequate level of protection. We will give you at least 30 days' notice in writing before your websites are moved to a data centre outside the UK or EU.

10.3 Our own data about you – We handle the personal data we hold about you, such as your contact and billing details, as described in our Privacy Policy.

11. Support and Availability

11.1 Support – We provide support during business hours, Monday to Friday, 9am to 5pm UK time, excluding public holidays: by email on the Static plan, and by email and phone, with a response the same working day, on the Managed plan.

11.2 Monitoring – We monitor our servers and your websites, and are alerted automatically when a website goes down. We respond to outages as quickly as we reasonably can.

11.3 Availability – We aim to keep your websites online at all times, but we do not guarantee that the service will be uninterrupted or error-free. Websites may be briefly unavailable during maintenance, which we carry out at quiet times wherever possible, or for reasons outside our control.

12. Leaving

12.1 A full copy, for free – Whenever you leave, and at any time you ask, we will give you a full copy of your websites, including their files and databases, at no charge. We will also help your new host get the websites running.

12.2 After you leave – We keep your websites and backups for 30 days after the Agreement ends, so that you can collect anything you need, and then delete them.

13. Limitation of Liability

13.1 Nothing in the Agreement limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law.

13.2 Subject to section 13.1, we are not liable for any loss of profits, revenue, business, goodwill or anticipated savings, for any loss or corruption of data, or for any indirect or consequential loss.

13.3 Subject to section 13.1, we are not liable for any failure, delay or outage caused by Hetzner, by your DNS provider, or by anyone else outside our control, or for any problem caused by the content or code of a website that we did not write.

13.4 Subject to section 13.1, our total liability under or in connection with the Agreement, whether in contract, tort (including negligence) or otherwise, is limited to the website hosting fees paid by you in the 12 months before the event giving rise to the claim.

13.5 You agree to indemnify us against any claim by a third party arising from the content of your websites, or from a breach of section 5 by you or anyone you give access to.

14. Termination

14.1 By you – You may cancel at any time by telling us in writing. Monthly plans end at the end of the current month, and yearly plans at the end of the current year.

14.2 By us – We may stop providing website hosting by giving you at least 60 days' notice in writing. If we do, we will help you move your websites under section 12 before the end of the notice period, and will refund any fees you have paid for the period after the service ends.

14.3 For breach – Either of us may end the Agreement immediately by written notice if the other materially breaches it and, where the breach can be put right, does not put it right within 14 days of being asked to.

14.4 Sections 8, 9, 12, 13 and 15 continue after the Agreement ends.

15. General

15.1 Force majeure – Neither of us is liable for delays or failures caused by events outside our reasonable control.

15.2 Changes to these Terms – We may update these Terms from time to time, and will tell you about material changes at least 30 days before they take effect.

15.3 Entire agreement – The Agreement is the whole agreement between us about the website hosting service. It replaces any earlier discussions or understandings.

15.4 Severability – If any part of the Agreement is found to be invalid, the rest remains in effect.

15.5 Third-party rights – No one other than you and us has any right to enforce the Agreement.

15.6 Notices – Notices under the Agreement must be in writing and may be sent by email. Notices to us go to hello@geekyco.de.

16. Governing Law

16.1 The Agreement is governed by the laws of England and Wales.

16.2 We will try to resolve any dispute through good-faith discussion first. If that does not work, the courts of England and Wales have exclusive jurisdiction.