Hosting terms

These terms apply when we host a website, app or system for you. They are between you and Software Builders Ltd, a company registered in England and Wales, company number 17431696, whose registered office is 66 Chertsey Road, Windlesham, England, GU20 6HP. We trade as Foundation. "We", "us" and "our" mean Software Builders Ltd. "You" and "your" mean the person or business buying the hosting.

They are written to be read. Where a sentence has to be precise it is precise, but we would rather you understood this than be impressed by it. If any part is unclear, ask us before you agree to it.

1. The service

We host the website, app or system you tell us about when you sign up, on servers we run ourselves rather than space resold from someone else.

Hosting includes:

• Running your site on our server, reachable on the internet.
• An HTTPS certificate, fitted and renewed automatically before it expires.
• Nightly backups, stored away from the machine they came from.
• Security updates to the server and the software we installed on it, applied as they are released.
• Monitoring, so that we generally find out something is down before you do.
• A real person to talk to about anything to do with the hosting.

Hosting does not include building, redesigning or adding to what we host. Changes to the site itself are separate work, quoted separately. Small fixes — a typo, a changed phone number, a swapped photograph — we normally just do, but that is a courtesy and not a term of this agreement.

We do not have to host anything. We may decline or stop hosting material that is unlawful, that puts our other customers at risk, or that we reasonably believe will damage our servers or our reputation. Where we can, we will tell you first and give you a chance to put it right.

2. Price and payment

The price is the one shown on our hosting page when you sign up, charged every month. Software Builders Ltd is not registered for VAT, so the price you see is the price you pay and no VAT is added. If we become VAT-registered we will tell you before any VAT is charged.

• The first payment is taken when you sign up, and the same amount on the same date each month after that.
• Payments are handled by Stripe. Your card details go to Stripe and never reach us; we can see the last four digits and the expiry date, and nothing else.
• You can change your card or cancel at any time through the billing link in your confirmation email, without contacting us.

If a payment fails, Stripe will retry it over the following days. We will email you. If it has not been paid after 21 days, we may suspend the site until it is. We will tell you before we suspend anything, and nothing is deleted at this stage.

If we change the price, we will give you at least 30 days' notice by email. The new price applies from your next payment after that notice period. If you do not want to pay it, cancel before then and you will not be charged it.

3. Your responsibilities

You are responsible for what is on the site. In particular:

• The content is lawful and yours to use. That includes text, photographs, logos, fonts and anything else you or anyone acting for you puts on it.
• You hold the licences for any stock images, fonts or third-party software you have asked us to use.
• You keep your domain registered. Domains are registered in your name, not ours. If one lapses the site goes off the internet and there is nothing we can do about it from our end.
• You do not use the hosting to send unsolicited bulk email, to distribute malware, to mine cryptocurrency, or for anything unlawful.
• You tell us promptly if you think your site has been compromised, or if you receive a complaint about it.
• You keep your own logins safe, and do not share them. If we have given you access to anything, you are responsible for what is done with it.

If something you do causes us to breach a third party's terms — our server provider's, for instance — we may have to act quickly to protect other customers, including by taking the site offline. We will tell you as soon as we reasonably can.

4. Backups and uptime

Backups. We take a backup of your site every night and keep it away from the machine it came from. We keep backups for 30 days. If something goes wrong we will restore from the most recent good backup, at no charge.

Backups are a safety net, not a guarantee. Restoring loses anything that changed after the backup was taken, and a backup can itself be incomplete or corrupt without that being anyone's fault. **If the content on your site matters to you, keep your own copy as well.** We will help you take one whenever you ask.

Uptime. We monitor every site we host and we aim to keep yours available at all times, but we do not promise a particular uptime figure and this agreement contains no service level guarantee. Things that will take a site down and are outside our control include your domain lapsing, a failure at our server provider or a network between you and it, and a deliberate attack.

We will sometimes take a site down briefly for maintenance. Where we can plan it we will give you notice and do it outside normal working hours. Where it is urgent — a security fix that cannot wait — we will do it and tell you afterwards.

Support. We answer support enquiries during **Monday to Friday, 9am to 6pm UK time, excluding English bank holidays**. We aim to reply the same working day. For a site that is completely down we will start work as soon as we know about it, whatever the hour.

5. Data protection

Where your site holds personal data about other people — enquiries, customer records, bookings — **you are the data controller and we are your data processor**, as those terms are used in the UK GDPR and the Data Protection Act

1. This section is our processing agreement with you.

What we process. Whatever personal data your site or system holds, for as long as we host it. We do not decide what it collects; you do.

We will:

• Process personal data only on your documented instructions, except where the law requires otherwise, in which case we will tell you unless the law prevents us.
• Keep it confidential, and make sure anyone who can access it is under a duty of confidence.
• Take appropriate technical and organisational security measures, including encryption in transit, access control, and the backups described above.
• Help you respond to requests from individuals exercising their rights, and to your obligations around security, breach notification and impact assessments.
• Tell you without undue delay if we become aware of a personal data breach affecting your data, with what we know and what we are doing about it.
• On request, give you a copy of the data and delete our copies — see section 7.
• Make available the information you need to show we are meeting these obligations, and allow audits on reasonable notice.

Sub-processors. We use other companies to deliver the service, and they may process your data as part of that:

• DigitalOcean — the servers your site runs on.
• Stripe — payments, where your site takes them.
• Resend — sending email from your site, where it sends any.
• Namecheap — domain registration and DNS, where we manage those for you.

We stay responsible to you for what they do. If we change or add a sub-processor we will tell you, and you may object; if we cannot resolve your objection you may cancel without penalty.

Where the data is. Your site, and the nightly backups of it, are held on our own servers, in London or in New York.

You choose which when you sign up. If you would rather not think about it we put you on the one that matches your billing address — the UK and Europe to London, the United States to New York — and we tell you which. We will not move your site to a different region afterwards without telling you first and giving you the chance to object.

If you are in the UK and choose New York, the data your site holds — including anything your own customers send you through it — is stored outside the UK. That is a decision you are entitled to make, and one your own privacy notice should account for. Ask us if you are unsure; we would rather have the conversation than have you pick from a dropdown.

Separately, the records we keep about you — your contact details, the site address you gave us, your project reference, which version of these terms you agreed to and when, and your payment history — live in our client management system, which runs in the United States. For a UK customer that is a transfer outside the UK, made under the safeguards in our server provider's data processing agreement, and in Stripe's for the payment records. Neither system holds the contents of your site.

Separately, the records we keep about you — your contact details, the site address you gave us, your project reference, which version of these terms you agreed to and when, and your payment history — live in our client management system, which runs in the United States. That is a transfer outside the UK, and it is made under the safeguards in DigitalOcean's data processing agreement for the servers, and Stripe's for the payment records. Neither holds the contents of your site.

Our own records. Separately from the above, we hold your contact details, the site address you gave us, your project reference, which version of these terms you agreed to and when, and a record of payments. We are the controller for that, we keep it for as long as you are a customer and for six years afterwards for tax and legal reasons, and we do not sell it or share it for marketing.

6. Cancelling

You can cancel at any time. Use the billing link in your confirmation email, or in your client portal, or email us. There is no notice period, no minimum term and no cancellation fee, and nobody will ring you to ask why.

Cancelling stops the next payment. Hosting continues until the end of the month you have already paid for, and then stops. We do not refund part months, because you have had the service for that month.

If you are a consumer — buying as an individual rather than for a business — you have a legal right to cancel within 14 days of signing up and get your money back, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Because hosting starts straight away, if you ask us to begin within those 14 days and then cancel, we may keep a proportionate amount for the service you have had. Most of our hosting customers are businesses, for whom this right does not apply.

We can cancel too, by giving you 30 days' written notice, and we will refund any period you have paid for beyond the end of it. We may stop sooner, without a refund for the remaining days, if you seriously or repeatedly breach these terms and do not put it right within 14 days of us asking.

7. Leaving and taking your files

Your site is yours and you can take it with you. Whether you cancel or we do, on request we will give you:

• The site's files, in a form another host can use.
• Its database, if it has one, as a standard export.
• Any personal data it holds, in a structured, commonly used, machine-readable format.

We do this at no charge and we will not hold anything back over an unpaid invoice or a disagreement. Your domain is registered in your name throughout, so it simply points somewhere else when you are ready.

After you leave we keep your site and its backups for 30 days so you can ask for them if you need to, and then delete them. Tell us before that if you want them kept longer or deleted sooner.

8. Our liability

Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited.

Subject to that:

• We are liable to you for up to the total amount you have paid us for hosting in the 12 months before the claim. Our hosting is a low monthly fee and that is the risk it can reasonably carry.
• We are not liable for indirect or consequential loss, or for loss of profit, revenue, business, goodwill, anticipated savings, or data — except that nothing here affects our obligations under section 5 or section 7.
• We are not liable for your content, for anything you or anyone acting for you does with the hosting, or for what happens if your domain lapses.
• We are not liable for third-party failures outside our reasonable control, including at our server provider, a payment provider, a domain registrar or the networks in between — although we will do what we reasonably can to put things right when they happen.

If you are a consumer, this section does not affect your statutory rights.

9. Contact

Email hello@foundationbuilds.com. A person reads it, usually the same working day.

Software Builders Ltd, trading as Foundation
66 Chertsey Road, Windlesham, England, GU20 6HP
Company number 17431696

The small print about the small print

• We may update these terms. If a change materially affects you we will give you at least 30 days' notice by email, and you can cancel before it takes effect if you would rather not accept it. Each version is numbered and dated at the top of this page, and we record which version you agreed to and when.
• These terms are the whole agreement between us about hosting, and replace anything said beforehand. They do not cover building work, which has its own terms.
• If any part turns out to be unenforceable, the rest continues to apply.
• Delay is not waiver. If we do not enforce something straight away, we have not given up the right to enforce it later.
• Nobody else can enforce these terms — only you and us.
• English law applies, and the courts of England and Wales have exclusive jurisdiction.