Client Hosting & Services Agreement

1. Services Provided

TotalSoft IT Solutions ("we", "us") agrees to provide the following services as confirmed in your service agreement:

2. Fees & Direct Debit

2.1 Payment by Direct Debit

By agreeing to this service, you authorise TotalSoft IT Solutions to collect £10.00 per month (or such other amount as confirmed in writing) from your nominated UK bank account by Direct Debit. You will receive advance notice of the first collection date.

2.2 Failed Payments

If a Direct Debit payment fails, we will notify you by email. If payment is not received within 7 days, we reserve the right to suspend your website hosting until the outstanding amount is paid. Reinstatement may incur an administration fee of £15.

2.3 Price Changes

We will give you 30 days' written notice by email of any change to the monthly fee. If you do not accept the new price, you may cancel within the notice period with no penalty.

3. Term & Cancellation

3.1 Duration

This agreement begins on the date your website goes live (or the date confirmed in your service confirmation) and continues on a rolling monthly basis until cancelled by either party.

3.2 How to Cancel

Either party may cancel by giving 30 days' written notice via email to info@totalsoft.co.uk.

• Notice takes effect from the date it is received
• Hosting continues until the end of the 30-day notice period
• No refund is provided for any part of the month already paid
• You must also cancel your Direct Debit with your bank after we confirm service termination

3.3 What Happens After Cancellation

• We will provide your website files (code and assets) within 14 days of service end
• You are responsible for arranging alternative hosting before your site is taken offline
• Your domain name (if managed by us) will be transferred to you on request
• Any outstanding invoices remain due and payable

4. Your Responsibilities

• Provide a valid UK bank account for Direct Debit and keep your payment details current
• Ensure your website content is accurate, lawful, and up to date
• Ensure your website complies with UK law (Consumer Contracts Regulations, GDPR, ASA advertising standards, etc.)
• Notify us promptly of any required content changes
• Maintain a valid email address so we can communicate with you about your service
• Ensure your website's privacy policy informs visitors about the contact form email forwarding service

5. Data Processing Agreement (Contact Form)

This section constitutes a Data Processing Agreement (DPA) under UK GDPR Article 28 covering the contact form forwarding service.

5.1 TotalSoft's Obligations as Data Processor

• Process personal data only for the purpose of forwarding it to the Client's email
• Not store, sell, or use contact form data for any other purpose
• Implement appropriate technical security measures (HTTPS, secure hosting infrastructure)
• Notify the Client without undue delay if we become aware of a data breach affecting the service
• Assist the Client in responding to data subject access requests where relevant
• Delete any incidental data held upon termination of this agreement

5.2 Client's Obligations as Data Controller

• Ensure your website's privacy policy discloses the contact form data processing and email forwarding
• Have a lawful basis for collecting personal data via the contact form
• Handle the forwarded data in accordance with UK GDPR once received
• Register with the ICO (Information Commissioner's Office) if required

6. Our Liability

We take care in delivering our services but our liability is limited:

• We are not liable for hosting provider outages or third-party infrastructure failures
• We are not liable for loss of business, loss of revenue, or consequential losses arising from website downtime
• Our total liability to you under this agreement shall not exceed the total fees paid by you in the 3 months prior to any claim
• Nothing limits our liability for fraud or for death or personal injury caused by our negligence

7. Acceptable Use

You must not use your hosted website for:

• Any unlawful purpose or activity
• Distributing malware, spam, or harmful content
• Content that infringes third-party intellectual property rights
• Misleading advertising or content that violates ASA (Advertising Standards Authority) rules
• Content that discriminates on the basis of protected characteristics

Breach of acceptable use may result in immediate suspension of hosting without notice. We will cooperate with law enforcement where required.

8. Governing Law

This agreement is governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales. Both parties agree to attempt to resolve disputes amicably before initiating legal proceedings.

9. Entire Agreement

This agreement, together with our Terms of Service and Privacy Policy, constitutes the entire agreement between TotalSoft IT Solutions and you in respect of the hosting and managed services described herein. It supersedes all previous communications, representations, or agreements.

For any questions about this agreement, contact us at info@totalsoft.co.uk.