Sorting Your Hosting Ltd
Terms and Conditions of Service
Version 1.1 | May 2026
These Terms and Conditions ("Agreement") govern the provision of hosting and related services by Sorting Your Hosting Ltd, a company registered in England and Wales (Company Registration No. 16364771), with its registered address at 20 Wenlock Road, London, England, N1 7GU, United Kingdom ("we", "us", "our"), to you, the customer ("you", "your"). By placing an order, activating a service, or continuing to use our services, you confirm that you have read, understood, and agree to be bound by this Agreement.
If you are acting on behalf of a business, you confirm you have authority to bind that business to these Terms. If you do not agree with any part of this Agreement, you must not use our services.
1. Definitions
In this Agreement, the following terms have the meanings set out below:
"Services" means any hosting product or managed service we supply to you, including but not limited to Virtual Private Servers (VPS), Dedicated Servers, Private Cloud hosting, and any associated managed or unmanaged support.
"Service Level Agreement" or "SLA" means the uptime and support commitments set out in Schedule 1 or as otherwise agreed in writing.
"Acceptable Use Policy" or "AUP" means the policy set out in Clause 7 of this Agreement.
"Control Panel" means the web-based interface (currently WHMCS, Virtualizor or similar) through which you manage your Services.
"Intellectual Property Rights" means patents, trademarks, service marks, trade names, copyrights, database rights, design rights, domain names, and all other intellectual property rights.
"Personal Data" has the meaning given in the UK General Data Protection Regulation (UK GDPR).
"Commencement Date" means the date on which we confirm acceptance of your order.
2. Formation of Contract
2.1 An order placed by you constitutes an offer to purchase Services subject to these Terms. The contract is formed when we send you a written order confirmation or activate your account, whichever is earlier.
2.2 These Terms apply to the exclusion of any terms or conditions you may seek to impose. No variation to this Agreement is effective unless agreed in writing and signed by an authorised representative of ours.
2.3 We reserve the right to decline any order at our absolute discretion without being required to give reasons.
3. Services
3.1 Provision of Services
We will use reasonable endeavours to provide the Services from the Commencement Date. We may make changes to the technical specification of Services provided the change does not materially reduce the overall performance or functionality.
3.2 Managed vs Unmanaged Services
Where you have subscribed to an unmanaged Service, you are solely responsible for the configuration, security, and maintenance of your server environment, including operating system updates, software patching, and application management. We will provide the underlying infrastructure only.
Where you have subscribed to a managed Service, the specific scope of management activities is set out in your Service Order or Schedule. Tasks outside that scope may be carried out at our standard consultancy rates upon request.
3.3 Service Modifications
We may suspend or modify the Services to carry out emergency maintenance, respond to security threats, or comply with legal obligations. We will endeavour to give you as much notice as reasonably practicable.
4. Fees, Payment, and Billing
4.1 Fees are as set out in your order and are payable in pounds sterling (GBP) unless otherwise agreed.
4.2 Invoices are issued in advance of each billing period (monthly or annually as chosen). Payment is due within 14 days of the invoice date unless otherwise stated.
4.3 We reserve the right to suspend Services if payment is not received within 7 days of a reminder notice, without affecting your liability to pay outstanding amounts.
4.4 We may increase our fees by giving you not less than 30 days' written notice. If you do not agree to the increase, you may terminate the affected Service before the increase takes effect by giving 14 days' written notice to us.
4.5 All fees are exclusive of VAT (where applicable). VAT will be charged at the rate prevailing at the time of invoice.
4.6 We do not offer refunds for partial months of service, except where the service has been terminated by us in breach of this Agreement.
5. Term and Termination
5.1 This Agreement continues until terminated in accordance with this Clause.
5.2 Either party may terminate this Agreement (or any individual Service) by giving not less than 30 days' written notice, subject to payment of all outstanding fees.
5.3 We may terminate this Agreement or suspend Services immediately upon written notice if:
you commit a material or persistent breach of this Agreement or the AUP and (if capable of remedy) fail to remedy it within 14 days of written notice;
you become insolvent, enter administration, liquidation, or receivership, or make an arrangement with creditors;
we are required to do so by law or regulatory authority;
continued provision of the Service would expose us to legal liability or reputational harm.
5.4 On termination, your right to access the Services ceases. We will retain your data for a period of 14 days following termination after which it may be permanently deleted. It is your responsibility to take backups before the termination date.
6. Customer Obligations
6.1 You are responsible for:
ensuring that all information provided to us is accurate and kept up to date;
maintaining the confidentiality of your account credentials and notifying us immediately of any suspected unauthorised access;
ensuring your use of the Services and any content hosted by you complies with all applicable laws, including UK GDPR, the Computer Misuse Act 1990, and the Communications Act 2003;
obtaining all necessary licences, consents, and permissions for software and content you deploy on the Services;
implementing appropriate security measures within your environment, including regular patching where you have an unmanaged Service.
6.2 You must not resell or sub-licence the Services to any third party without our prior written consent.
7. Acceptable Use Policy
7.1 You agree not to use the Services, or to permit others to use the Services, for any of the following purposes:
sending unsolicited bulk email (spam) or operating open mail relays;
hosting, distributing, or transmitting any content that is illegal, defamatory, obscene, or infringes any third-party Intellectual Property Rights;
carrying out or facilitating denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks;
port scanning, network intrusion, or any unauthorised access to third-party systems;
hosting malware, phishing pages, command-and-control infrastructure, or any tools designed to compromise computer systems;
mining cryptocurrency without our prior written consent;
any activity that may bring our network or reputation into disrepute.
7.2 We reserve the right to remove content or suspend your Services without notice if we reasonably believe a breach of this AUP is occurring, and to report the matter to law enforcement agencies where appropriate.
7.3 You are responsible for the acts and omissions of any person you allow to use your Services as if they were your own.
8. Service Levels and Support
8.1 We target network and infrastructure uptime as described in Schedule 1 (Service Level Agreement). Downtime caused by factors outside our reasonable control, scheduled maintenance, or your own actions is excluded from SLA calculations.
8.2 Support is provided via our ticketing system at www.sortingyourhosting.com or by email to [email protected]. Response times depend on your chosen service tier as set out in Schedule 1.
8.3 SLA credits, where applicable, are your sole remedy for failure to meet uptime commitments and will be applied as credits to your next invoice. Credits will not exceed the monthly fee for the affected Service.
9. Intellectual Property
9.1 All Intellectual Property Rights in our platform, control panel, and software remain vested in us or our licensors. Nothing in this Agreement transfers any such rights to you.
9.2 You retain ownership of all content and data you upload or create within the Services. You grant us a limited, non-exclusive licence to store and process your data solely for the purpose of providing the Services.
10. Data Protection and UK GDPR
10.1 Each party shall comply with its obligations under the UK GDPR and the Data Protection Act 2018 in relation to any Personal Data processed in connection with this Agreement.
10.2 To the extent that we process Personal Data on your behalf (for example, data stored on servers you control), we act as a data processor and you act as data controller. The terms of our Data Processing Agreement (available on request) shall apply.
10.3 We process your Personal Data (as a customer) in accordance with our Privacy Policy, available at www.sortingyourhosting.com.
10.4 We implement appropriate technical and organisational measures to protect Personal Data against unauthorised or unlawful processing and against accidental loss, destruction, or damage.
11. Confidentiality
11.1 Each party agrees to keep confidential any information of a confidential nature obtained from the other party in connection with this Agreement, and not to disclose it to any third party without prior written consent, except as required by law or to professional advisers bound by equivalent duties of confidentiality.
11.2 The obligations in this Clause do not apply to information that is publicly available through no fault of the receiving party, or that was already known to the receiving party prior to disclosure.
12. Limitation of Liability
12.1 Nothing in this Agreement limits or excludes either party's liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded or limited by law.
12.2 Subject to Clause 12.1, our total aggregate liability to you in contract, tort (including negligence), breach of statutory duty, or otherwise arising out of or in connection with this Agreement shall not exceed the total fees paid by you for the relevant Service in the 12-month period immediately preceding the event giving rise to the claim.
12.3 Subject to Clause 12.1, we shall not be liable to you for any of the following types of loss, whether direct or indirect, even if we were advised of their possibility:
loss of profits, revenue, business, or anticipated savings;
loss of data or corruption of data (beyond the cost of restoring from our most recent backup, where applicable);
loss of goodwill or reputation;
any indirect, consequential, or special loss.
12.4 You are responsible for maintaining your own backups. While we may provide backup facilities as part of a managed service, we do not guarantee the completeness or integrity of any backup and you must not rely solely on our backup systems.
13. Force Majeure
13.1 Neither party will be in breach of this Agreement or liable for any delay or failure to perform its obligations if the failure is due to events beyond its reasonable control, including but not limited to acts of God, fire, flood, earthquake, war, civil unrest, government action, pandemic, failure of the public telecommunications network, or actions of third-party providers.
13.2 The affected party must notify the other as soon as reasonably practicable and use reasonable endeavours to mitigate the impact. If the force majeure event continues for more than 30 consecutive days, either party may terminate the affected Service on written notice.
14. Complaints and Disputes
14.1 If you are dissatisfied with our Services, please contact us in the first instance at [email protected]. We will acknowledge your complaint within 2 business days and aim to resolve it within 14 business days.
14.2 If we are unable to resolve a dispute informally, either party may refer the matter to mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure before commencing legal proceedings, unless the matter is urgent.
15. Notices
15.1 Any notice under this Agreement must be in writing and delivered by email (with delivery confirmation) or by first-class post to the addresses set out in the applicable Service Order or as notified in writing.
15.2 Notices sent by email are deemed received on the next business day following transmission. Notices sent by post are deemed received two business days after posting.
16. General
16.1 Entire Agreement. This Agreement (together with any schedules and order confirmations) constitutes the entire agreement between the parties in relation to its subject matter and supersedes all prior discussions, representations, and agreements.
16.2 Waiver. Failure to exercise any right under this Agreement does not constitute a waiver of that right.
16.3 Severance. If any provision of this Agreement is found to be invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.
16.4 Assignment. You may not assign or transfer any rights or obligations under this Agreement without our prior written consent. We may assign this Agreement to a successor business in a merger, acquisition, or reorganisation.
16.5 Third Parties. A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of it.
16.6 Governing Law and Jurisdiction. This Agreement is governed by the laws of England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales in relation to any dispute arising under or in connection with this Agreement.
Schedule 1 – Service Level Agreement
Network Uptime
We target 99.9% monthly network uptime, measured at the network edge of our data centre facility, excluding:
scheduled maintenance windows (with at least 2 weeks advance notice where possible);
force majeure events as defined in Clause 13;
issues caused by your actions or third-party software you deploy;
upstream provider outages beyond our reasonable control.
Support Response Times
Support response time targets by severity:
Critical (Service completely unavailable): Initial response within 1 hour (business hours); best-effort out of hours.
High (Significant degradation): Initial response within 2 business hours.
Medium (Partial issue): Initial response within 4 business hours.
Low (General enquiry): Initial response within 1 business day.
Business hours are 08:00–18:00 Monday to Friday, excluding UK public holidays. Response time targets are not guaranteed and do not form part of a legally binding SLA unless agreed in a separate written agreement.
SLA Credits
Where monthly uptime falls below 99.9%, you may claim a service credit as follows:
99.0%–99.9% uptime: 5% of monthly fee
95.0%–98.9% uptime: 10% of monthly fee
Below 95.0% uptime: 25% of monthly fee
Credits must be claimed within 30 days of the month in which the downtime occurred, by submitting a written request to [email protected]. Credits are applied to future invoices and are not redeemable for cash.
Acceptance
By using our Services you confirm your acceptance of these Terms and Conditions. If you require a countersigned copy for your records, please contact us at [email protected].
Sorting Your Hosting Ltd
20 Wenlock Road, London, England, N1 7GU, United Kingdom
Email: [email protected]
Web: www.sortingyourhosting.com