Hosting Agreement
Revision Date: 21 February 2026
This Hosting Agreement ("this Agreement") governs your purchase and use of all website hosting services ("Services") ordered by you ("Customer", "you", or "your") and accepted by Interlink Digital Group Limited ("the Company", "we", "us", or "our"), a company registered in England and Wales, trading as Happily Hosted.
By purchasing or using the Services in any manner, you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree, you must not use the Services.
The Company reserves the right to change or modify any of the terms and conditions contained in this Agreement. For material changes, we will provide you with not less than thirty (30) days' written notice by email to the address associated with your account. Your continued use of the Services following the effective date of any changes will constitute your acceptance of such changes. If you do not agree to any changes, you may terminate this Agreement in accordance with Section 8.
1. Definitions and Interpretation
In this Agreement, unless the context otherwise requires, the following terms shall have the meanings set out below:
(a) "Background Technology" means computer programming code, formatting code, or operating instructions developed by or for the Company and used to host or operate a website or web server in connection with the Services. Background Technology includes, but is not limited to, files necessary to make forms, buttons, and similar functions, and underlying technology or components such as style sheets, animation templates, interface programs, customised graphics engines, and menu utilities. Background Technology does not include any Customer Content.
(b) "Customer Content" means all text, images, data, information, and other materials provided by the Customer for inclusion on or use in connection with the Customer's website.
(c) "Customer Marks" means any trademarks, service marks, trade names, logos, or other brand identifiers provided by the Customer.
(d) "Hosting Package Features" means the specific hosting services, resources, and features described in the package selected and purchased by the Customer.
(e) "Personal Data" has the meaning given to it in UK Data Protection Legislation (as defined in Section 11).
(f) "Services" means the website hosting services and any related services provided by the Company to the Customer under this Agreement.
2. Payment
(a) As consideration for the Company providing the Services, Customer agrees to pay the Company the applicable fees based on the hosting package and billing cycle (monthly or annual) selected by the Customer.
(b) All fees are exclusive of VAT unless otherwise stated and are payable in advance. The Company reserves the right to adjust fees upon renewal, provided that at least thirty (30) days' written notice of any fee increase is given to the Customer.
(c) If payment is not received within fourteen (14) days of the due date, the Company reserves the right to suspend the Services until payment is received in full. The Company may charge interest on overdue amounts at the rate of 4% above the Bank of England base rate.
(d) Annual plans are non-refundable after the first fourteen (14) days of the initial term (the "Cooling-Off Period"). Within the Cooling-Off Period, the Customer may cancel for a full refund, less the cost of any work already completed. Monthly plans may be cancelled at any time, taking effect at the end of the current billing period.
3. Provision of Services
(a) The Company will provide the Customer with the Services described in the Hosting Package Features selected by the Customer.
(b) The Customer understands and agrees that the Company will host (and, where applicable, create) the website solely in accordance with the information and materials provided by the Customer.
(c) The Company shall use commercially reasonable efforts to maintain an uptime of 99.9% measured on a calendar month basis, excluding scheduled maintenance. Scheduled maintenance will be notified to the Customer at least twenty-four (24) hours in advance where practicable.
(d) The Company will perform regular backups of Customer data. However, the Customer is solely responsible for maintaining independent backups of their Customer Content. The Company shall not be liable for any loss of data.
4. Limited Licence to Background Technology
(a) Subject to the terms of this Agreement, the Company grants the Customer a limited, non-exclusive, non-transferable, revocable licence to use the Background Technology solely for the purpose of operating the Customer's hosted website during the term of this Agreement.
(b) The Customer may not duplicate, distribute, sublicense, or make available any Background Technology to any third party without the prior written consent of the Company.
(c) All rights to the Background Technology not expressly granted to the Customer are retained by the Company.
(d) The Customer agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except to the extent permitted by applicable law (including the Copyright, Designs and Patents Act 1988).
5. Limited Licence to Customer Content
(a) The Customer hereby grants to the Company a limited, non-exclusive, royalty-free licence to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use Customer Content and Customer Marks, solely for the purpose of providing the Services under this Agreement.
(b) This licence extends to no other materials or purposes and will terminate automatically upon termination of this Agreement for any reason.
(c) The Customer warrants that it owns or has the necessary rights, licences, and permissions to provide the Customer Content and Customer Marks and to grant the licence described in this Section.
6. Content Standards and Acceptable Use
(a) The Customer agrees not to provide Customer Content, and the Company will not knowingly provide to the Customer any content, that: (i) infringes on any third party's intellectual property rights or publicity or privacy rights; (ii) violates any applicable law or regulation; (iii) is defamatory, threatening, harassing, abusive, obscene, pornographic, or harmful; (iv) promotes violence, discrimination, or hatred against any individual or group; or (v) contains any viruses, malware, Trojan horses, worms, or other harmful computer code.
(b) In addition to the content standards above, the Customer shall not use the Services to: (i) send unsolicited bulk email (spam) or engage in email abuse; (ii) mine cryptocurrency or run computationally excessive processes that degrade shared resources; (iii) host, store, or distribute pirated software or media; (iv) conduct phishing attacks or fraud; (v) attempt to gain unauthorised access to systems, accounts, or data; or (vi) engage in any activity that is illegal under the laws of England and Wales or any applicable jurisdiction.
(c) Where the Customer operates internationally, the Customer agrees to comply with all applicable local and national laws in addition to the laws of England and Wales.
(d) The Company reserves the right to remove or disable access to any Customer Content that it reasonably believes violates this Section, with or without notice. In the case of a first-time non-critical violation, the Company will endeavour to provide notice and a reasonable opportunity to remedy the issue before taking action.
7. Support
(a) The Company agrees to provide reasonable technical support by email during the Company's normal business hours (Monday to Friday, 9:00 AM to 5:00 PM GMT/BST, excluding English public holidays).
(b) Telephone support is available to Customers who have purchased a support plan that includes telephone support.
(c) The Company will use commercially reasonable efforts to respond to support requests within one (1) business day, though response times are not guaranteed and may vary during periods of high demand.
8. Term and Termination
(a) This Agreement is effective from the date the Customer first purchases or uses the Services and shall continue unless terminated in accordance with this Section.
(b) Either party may terminate this Agreement by providing thirty (30) days' written notice to the other party.
(c) The Company may terminate or suspend the Services immediately if the Customer materially breaches this Agreement (including, without limitation, failure to pay) and fails to cure such breach within fourteen (14) days of receiving written notice of the breach.
(d) Upon termination: (i) the Customer will pay the Company for all Services provided prior to termination; (ii) the Company will make Customer Content available for download for a period of thirty (30) days following termination, after which it may be permanently deleted; and (iii) the Customer must cease all use of the Background Technology.
(e) Sections 1, 4 (to the extent of the Company's retained rights), 5(c), 9, 10, 11, 12, and 13 shall survive termination of this Agreement.
(f) This Agreement is not transferable to other parties without the express prior written permission of a Director of the Company.
9. Warranty Disclaimer
(a) Except as expressly provided in this Agreement, the Services are provided "as is" and "as available". The Company expressly disclaims all warranties and conditions of any kind, whether express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, to the fullest extent permitted by applicable law.
(b) The Customer acknowledges and agrees that the Company will not be liable for any temporary delays, outages, or interruptions of the Services, whether caused by maintenance, technical issues, or circumstances beyond the Company's reasonable control.
(c) Consumer rights: Nothing in this Agreement affects the statutory rights of a Customer who is a consumer under the Consumer Rights Act 2015. Where the Customer is a consumer, the Services will be provided with reasonable care and skill.
10. Indemnity
(a) Customer Indemnity. The Customer will defend, indemnify, and hold harmless the Company against any third-party claim, action, suit, or proceeding arising from or relating to: (i) the Customer's breach of Section 6 (Content Standards and Acceptable Use); (ii) the Customer's Customer Content; or (iii) the Customer's use of the Services in violation of this Agreement or applicable law. The Customer shall indemnify the Company for all losses, damages, liabilities, and all reasonable expenses and costs (including legal fees) incurred as a result.
(b) Company Indemnity. The Company will defend, indemnify, and hold harmless the Customer against any third-party claim, action, suit, or proceeding alleging that the Background Technology infringes any third party's intellectual property rights in the United Kingdom. The Company shall indemnify the Customer for all losses, damages, liabilities, and all reasonable expenses and costs (including legal fees) incurred as a result, subject to the limitations set out in Section 13.
(c) Mechanics. The indemnifying party's obligations are conditioned upon the indemnified party: (i) giving the indemnifying party prompt written notice of any claim; (ii) granting the indemnifying party sole control of the defence and settlement (provided that no settlement may be made without the indemnified party's consent, which shall not be unreasonably withheld); and (iii) reasonably cooperating with the indemnifying party at the indemnifying party's expense.
11. Data Protection
(a) Both parties shall comply with all applicable data protection legislation in force from time to time in the United Kingdom, including the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, and the Privacy and Electronic Communications Regulations 2003 ("UK Data Protection Legislation").
(b) To the extent that the Company processes Personal Data on behalf of the Customer in providing the Services, the Company shall act as a data processor and the Customer shall act as the data controller. The parties agree to enter into a separate Data Processing Agreement ("DPA") where required by UK Data Protection Legislation, setting out the subject matter, duration, nature, and purpose of the processing, the types of Personal Data, and the categories of data subjects.
(c) The Company shall: (i) process Personal Data only on the Customer's documented instructions, unless required to do so by law; (ii) ensure that persons authorised to process Personal Data are subject to appropriate obligations of confidentiality; (iii) implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk of processing; (iv) not engage any sub-processor without the Customer's prior written consent (a list of current sub-processors is available on request); (v) assist the Customer in responding to data subject access requests and in ensuring compliance with data protection obligations; and (vi) delete or return all Personal Data to the Customer on termination of the Services, unless retention is required by law.
(d) Data Breach Notification. The Company shall notify the Customer without undue delay (and in any event within seventy-two (72) hours) upon becoming aware of a personal data breach affecting Customer Personal Data, providing sufficient detail to enable the Customer to meet its own reporting obligations under UK Data Protection Legislation.
(e) The Company's servers are located in the United Kingdom. Where any Customer Personal Data is transferred outside the United Kingdom, the Company will ensure that appropriate safeguards are in place in accordance with UK Data Protection Legislation.
12. Data Retention and Migration
(a) During the term of this Agreement, the Customer may request a copy of their Customer Content at any time, and the Company will provide it in a commonly used, machine-readable format within a reasonable timeframe.
(b) Following termination, the Company will retain Customer Content for thirty (30) days to allow the Customer to retrieve their data. After this period, the Company may permanently delete all Customer Content unless retention is required by law.
(c) The Company will, upon reasonable request and at the Customer's expense, provide reasonable assistance with migration of the Customer's website to an alternative hosting provider.
13. Limitation of Liability
(a) Subject to Section 13(d), the Company's total aggregate liability arising out of or in connection with this Agreement shall not exceed the total amount paid by the Customer to the Company during the three (3) month period immediately preceding the event giving rise to the claim.
(b) Subject to Section 13(d), the Company shall not be liable for: (i) any loss of use, loss of data, or interruption of business; (ii) any loss of profits, revenue, goodwill, or anticipated savings; or (iii) any indirect, special, incidental, consequential, or punitive damages of any kind, regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, even if the Company has been advised of the possibility of such damages.
(c) The Customer acknowledges that these limitations are an essential element of this Agreement and that, absent such limitations, the Company would not enter into this Agreement on these terms.
(d) Nothing in this Agreement excludes or limits liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; (iii) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or (iv) any other liability which cannot be excluded or limited under applicable law.
14. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under this Agreement to the extent that such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, fire, flood, earthquake, pandemic, epidemic, war, terrorism, civil unrest, government actions, power failures, internet or telecommunications failures, or cyberattacks. The affected party must notify the other party promptly and use reasonable efforts to mitigate the impact. If the force majeure event continues for more than ninety (90) days, either party may terminate this Agreement by written notice.
15. Governing Law and Dispute Resolution
(a) This Agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of England and Wales.
(b) The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement, except that where the Customer is a consumer, the Customer may bring proceedings in the courts of the country in which they are domiciled.
(c) Before commencing any legal proceedings, the parties agree to attempt to resolve any dispute through good faith negotiation for a period of not less than thirty (30) days.
16. General Provisions
(a) Entire Agreement. This Agreement, together with any Data Processing Agreement and the Hosting Package Features, constitutes the entire agreement between the parties with respect to the Services and supersedes all prior agreements, understandings, and representations.
(b) Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
(c) Waiver. No failure or delay by either party in exercising any right or remedy under this Agreement shall constitute a waiver of that right or remedy.
(d) Assignment. This Agreement is not transferable or assignable by the Customer without the express prior written consent of a Director of the Company. The Company may assign this Agreement to any successor entity or in connection with a merger, acquisition, or sale of all or substantially all of its assets.
(e) Notices. All notices under this Agreement shall be in writing and sent by email to the email address associated with the relevant party's account, or by first-class post to the party's registered address. Notices sent by email shall be deemed received on the next business day. Notices sent by post shall be deemed received two (2) business days after posting.
(f) Third-Party Rights. No person other than the parties to this Agreement shall have any right to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
Questions? If you have any questions about these terms, please contact us.