Maintenance and hosting contract

You (the client) agree that Tim needs full “Administrator” access to the website to do these jobs properly, and hereby grant that access, subject to the requirements below.

You are the “data controller” and are responsible for the personal data handled by your website on behalf of your visitors, customers and other people. You need to treat it with great care and follow relevant data protection legislation. This means, for example, ensuring all users with access keep passwords safe, updating data when required, destroying it when it is no longer needed, asking for no more information than is necessary, storing relevant consents, and being especially careful with any “special category” data such as that on religion or sexuality. I cannot offer legal advice or guarantees.

You hereby appoint Tim to act as a “data processor” on your behalf until further notice, giving him access to personal data processed by the website, including:

IP addresses of all website visitors stored in server logs for up to 4 weeks;

names and email addresses of all users with website accounts (i.e. those listed under “Users” in the admin who have subscriber or editing access to the website);

all information submitted by visitors via any forms on the website;

personal data (not payment details) of customers placing orders on the website;

all website content submitted by those with website accounts, including text, documents, media and photos, any of which may possibly contain personal information.

You hereby authorise Tim to appoint Dropbox, a GDPR-compliant US-based company, as a sub-processor because the encrypted backups of your website will be stored by them.

Tim will, in relation to the personal data on the website:

only act on your written instructions (unless required otherwise by law);

treat any non-public-facing data on the site as confidential unless you say otherwise;

take appropriate measures to ensure the security of processing;

only engage a sub-processor with your prior written consent;

assist you in providing subject access and allowing data subjects to exercise their rights under the GDPR;

assist you in meeting your GDPR obligations (on the understanding that no suggestions can be considered official legal advice) in relation to the security of processing, the notification of personal data breaches and data protection impact assessments;

delete or return all personal data to you if requested at the end of the contract;

notify you of any data breaches as soon as he is aware of them; and

submit to audits and inspections, provide you with whatever information you request to ensure that you are meeting your GDPR Article 28 obligations, and tell you immediately if he is asked to do something he believes will infringe the GDPR or data protection law.

Nothing in this contract relieves Tim of his direct responsibilities and liabilities under relevant data protection legislation.

This contract applies from the date you (the client) submit this form until cancelled in writing (email or post) by either you or Tim. If cancelled within 14 days, the contract may be treated as never having existed.

You don’t need to give notice or a reason if you want to cancel, but you will still need to pay for any services provided up to that point.

Prices in this agreement are correct at the time of signing, but may change in future. Any price changes (which typically happen each April according to inflation) will be notified to you well in advance. If you don’t cancel the contract after being notified of the new prices and before they come into force, this means you agree to them.

There is no VAT to pay on these prices as Tim is not registered for VAT.

Invoices are issued by email at the end of February, May, August and November covering each respective three-month period, to be paid within 30 days. If you don’t pay on time, Tim will be friendly and generous, but ultimately may need to charge a late payment fee of £40 (for invoices up to £999.99) or £70 (for invoices over £1,000) plus interest at 8% above the Bank of England base rate. These are standard charges, set out in UK late payment legislation. He may also pause or stop work until payment is received.

Extra work on content, features, upgrades and support can be quoted for at the prevailing ad hoc hourly rate.

The contract can’t be transferred to anyone else.

If Tim needs to cancel the contract, he will give at least 30 days’ notice and offer reasonable assistance with moving to alternative arrangements, without extra charge, unless circumstances beyond his control make it impossible to do this.

Both Tim and you agree not to break copyright, supplying only materials (text, photos, etc) that they have the legal right (or appropriate permission) to use in this context.

You agree that nothing on your website will knowingly be illegal or pornographic, and any such content that is found will be promptly removed.

Technical solutions are not exclusive to you unless specifically agreed. Tim reserves the right to use code and technical solutions he creates in other contexts, but grants you an unlimited, royalty-free licence (once relevant invoices are paid) to use and modify his work within the bounds of your company or organisation in future.

You acknowlege that Tim can’t guarantee to be able to fix all bugs. He does, however, promise to give his best efforts within the time and budget limitations of this contract to keep the site running well, and to advise where more time or other people may be needed to reach a solution.

You remain responsible for the success and reputation of your company or organisation and won’t hold Tim liable for damages arising from changes (content, code or configuration) you or anyone else makes, problems caused by you not using the website as intended, features you ask for and approve, or anything else that is not Tim’s direct fault.

This contract applies wherever legal. If any part of it turns out to be unlawful or unenforceable for any reason, the other lawful bits of the contract will still stand regardless.

Tim doesn’t expect to have to change any of these terms after signing, but if he were to, he would give you at least 30 days’ notice and reasonable assistance with moving to another supplier.