Before jumping into bed with a website host it’s worth thinking through what you expect of them – and making sure you agree these requirements in writing. Any agreement should, at the very least cover:

• Amount of storage space, bandwidth and provision for scaling up
• The availability of the system (24/7?) and downtime for maintenance
• Security for data processing
• A confidentiality clause
• The procedure to be adopted if an allegation is made that there is defamatory (or other unacceptable) content on the site. (It appears it will be a defence to such claims to have a system in place and move quickly to remove the offending material)
• Security, passwords and procedures for uploading material
• An indemnity for claims against you if their provision or lack of it causes claims against you (e.g. downtime causes an advertiser to request money back)
• Assistance on transfer of materials/info/software, codes etc on termination
• An indemnity from them in case they use software, which is not licensed to them.

If you have an arrangement with a website host but it doesn’t cover these 9 key areas, or worse still – you don’t have an agreement, your business could lose customers, revenue and worse – face legal proceedings for anything from breaches of the Data Protection Act to breaking obscenity laws.

Woolley & Co is experienced in drafting plain English contracts and agreements – call us to discuss your requirements on 01789 267377 or email andrew.woolley@business-lawfirm.co.uk 

• Getting the Contract Right First Time.