Hosting & Maintenance Terms
Last updated: 16 September 2026
These Hosting & Maintenance Terms ("Maintenance Terms") set out the baseline services, responsibilities, and expectations for the ongoing management of the Client's cloud server and website.
They govern the infrastructure management and website maintenance services provided by Truth & Co ("Provider", "I", "me") to the client ("Client").
These Maintenance Terms apply to hosting and maintenance services only. Project-based services are governed by any applicable Statement of Work and Professional Services Terms & Conditions.
1. Scope of Services
1.1 The services may include:
- server administration and operating system updates;
- web server and hosting environment maintenance;
- CMS core updates;
- plugin/module updates;
- routine security and uptime monitoring; and
- scheduled backups
1.2 Services are provided on a best-efforts basis and are preventative and maintenance-focused. They do not constitute a guarantee of uninterrupted service, availability, security, or error-free operation.
1.3 For any major operating‑system, CMS core, or platform upgrade that could affect site functionality, the Provider will give the Client at least 48 hours written notice, with email being sufficient. The Client may request that the upgrade be postponed, provided the request is made before the scheduled upgrade.
2. Hosting & Infrastructure Responsibility
2.1 Unless otherwise agreed in writing, servers are provisioned and managed under the Provider’s hosting account with a third-party infrastructure provider.
2.2 The Client is granted CMS-level access where appropriate but does not receive direct server access unless explicitly agreed in writing.
2.3 In some cases, the Client may own or control the server and grant the Provider access to it. These Maintenance Terms apply equally in that situation.
2.4 The Provider is not the infrastructure owner and does not act as an internet service provider or data centre operator.
2.5 The Client agrees to:
- keep all administrative credentials and access information current and provide them to the Provider promptly when reasonably requested;
- maintain any required licences for third‑party plugins, themes, fonts, images, or software used by the site; and
- inform the Provider of planned content, code, configuration, or structural changes that could reasonably affect maintenance activities.
Failure to meet these responsibilities may result in delayed or limited service.
3. Backups & Data Protection
3.1 The Provider performs:
- incremental backups on a daily basis; and
- full backups on a weekly basis,
with a limited number of backup copies retained.
3.2 Backups may be stored both on the server and on separate remote storage.
3.3 Backups are intended for disaster recovery purposes only and are not a substitute for the Client’s own data retention or backup obligations. The Client remains responsible for maintaining independent backups of any data it considers critical.
3.4 While reasonable care is taken in performing and storing backups, the Provider does not guarantee that backups will be complete, available, current, or successfully restorable.
4. Monitoring & Security
4.1 The Provider may configure basic uptime and security monitoring using third-party services.
4.2 Monitoring is provided for informational and maintenance purposes only and does not constitute a security guarantee, intrusion prevention service, or guarantee of incident detection or prevention.
4.3 If the Provider becomes aware of a security breach, malware infection, or unauthorised access that affects the Client's site, the Provider will notify the Client without undue delay and, where reasonably practicable, within 24 hours of discovery.
The Provider will reasonably cooperate with the Client to mitigate the issue. This reporting and cooperation obligation does not constitute a guarantee of prevention, detection, or remediation.
5. Excluded Services
5.1 The following are not included unless separately agreed in writing:
- content updates or editorial changes;
- new features or functionality;
- design changes;
- performance optimisation beyond routine maintenance; and
- third-party plugin, theme, or service re-engineering.
5.2 Bug fixes caused by third-party updates, plugins, themes, services, or other changes are not included, except for minor fixes that can reasonably be completed as part of routine maintenance.
6. Support & Response Times
6.1 Support is provided via email unless otherwise agreed.
6.2 The Provider aims to respond within 24 hours, but response times are not guaranteed.
6.3 Emergency support relating to server availability will be handled on a best-efforts basis.
7. No Service Guarantees
7.1 Except where expressly agreed otherwise in writing, the Provider does not guarantee:
- any particular uptime or availability;
- zero data loss;
- prevention of security incidents;
- compatibility with all third-party updates, software, or services; or
- successful restoration from every backup.
7.2 The Client acknowledges that managed hosting and maintenance services can reduce operational and security risks but cannot eliminate them.
8. Fees & Billing
8.1 Services are provided on a prepaid monthly or annual basis, as selected by the Client.
8.2 Annual billing may be offered at a discounted rate.
8.3 Fees are payable in advance and are non-refundable except where otherwise stated in the applicable agreement or where required by law.
9. Term & Termination
9.1 The Services commence on the service start date and continue on a rolling basis for the selected billing period unless terminated in accordance with these Maintenance Terms or the applicable agreement.
9.2 Either party may terminate the maintenance services for convenience by providing not less than thirty (30) days' written notice to the other party, including by email.
9.3 Either party may terminate these Maintenance Terms immediately if the other party commits a material breach and fails to remedy that breach within fourteen (14) days of receiving written notice requiring it to do so.
9.4 The Provider may suspend or terminate the Services for overdue payments or non-payment following reasonable notice to the Client.
9.5 Upon termination:
- the Services will cease at the end of any applicable notice period or earlier termination date;
- fees already paid are non-refundable except where otherwise agreed or required by law; and
- the Client will be given a reasonable opportunity to retrieve its website and related data before the Provider removes or ceases access to the relevant services.
10. Liability
10.1 Nothing in these Maintenance Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be limited or excluded.
10.2 Subject to clause 10.1, the Provider's total liability arising out of or in connection with the maintenance services shall not exceed the total fees paid by the Client for those maintenance services during the twelve (12) months preceding the event giving rise to the claim.
10.3 Subject to any liability that cannot lawfully be excluded or limited, the Provider is not responsible for losses arising directly from:
- failure or interruption of third-party infrastructure;
- vulnerabilities or defects in third-party software;
- client-supplied code, content, data, or configuration;
- acts or omissions of third parties outside the Provider's reasonable control; or
- events covered by clause 13.
11. Confidentiality
11.1 Each party agrees to keep confidential any non-public, proprietary, or sensitive information received from the other party in connection with the Services.
11.2 Confidential information may be disclosed where required by law or where the information is already lawfully in the public domain.
11.3 These confidentiality obligations survive termination of the Services.
12. Client Indemnity
12.1 The Client warrants that, to the best of its knowledge and belief, all content, code, data, materials, and other items supplied by the Client to the Provider for use in connection with the Services do not infringe the intellectual property or other rights of any third party.
12.2 Subject to any liability that cannot lawfully be excluded or limited, the Client agrees to indemnify the Provider against reasonable losses, liabilities, costs, and expenses arising from a third-party claim resulting from:
- Client-supplied content, code, data, or materials infringing a third party's rights; or
- the Client's breach of clause 12.1.
12.3 The Provider will, where reasonably practicable, notify the Client of any claim covered by this clause and provide the Client with a reasonable opportunity to assist with its defence or resolution.
13. Force Majeure
13.1 Neither party shall be liable for failure or delay in performing its obligations where that failure or delay results from events beyond its reasonable control, including but not limited to third-party infrastructure outages, acts of government, natural disasters, widespread internet or telecommunications failures, or other events of a similar nature.
13.2 The affected party shall use reasonable efforts to resume performance as soon as reasonably practicable.
14. General
14.1 These Maintenance Terms, together with any applicable Hosting & Maintenance Agreement or order, constitute the agreement between the parties concerning the hosting and maintenance services described in that agreement.
14.2 If there is any conflict or inconsistency between the applicable Hosting & Maintenance Agreement or order and these Maintenance Terms, the applicable Hosting & Maintenance Agreement or order shall prevail to the extent of that conflict or inconsistency.
14.3 The Provider may update these Maintenance Terms from time to time. Any updated version will be published with a revised "Last updated" date. Where the Provider proposes changes that materially affect an ongoing Client's rights or obligations, the Provider will give the Client reasonable written notice before the updated terms take effect. If the Client does not wish to continue under the updated terms, either party may terminate the affected Services by giving written notice, subject to any outstanding payment obligations and any minimum term expressly agreed in the applicable agreement.
14.4 If any provision of these Maintenance Terms is found to be invalid, unlawful, or unenforceable, that provision shall be modified or removed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
15. Governing Law & Jurisdiction
15.1 These Maintenance Terms are governed by the laws of England and Wales.
15.2 The courts of England and Wales shall have exclusive jurisdiction in relation to disputes arising out of or in connection with these Maintenance Terms, subject to any rights that cannot lawfully be excluded.