Hosting Terms & Conditions

These Hosting Terms & Conditions ("Hosting Terms") govern the provision of website hosting services by Lucid Media Limited ("Lucid Media", "we", "us", or "our") to you ("Client", "you", or "your"). These Hosting Terms are supplementary to and should be read in conjunction with our general Terms & Conditions.

1. Hosting Services

Lucid Media provides managed website hosting services, which may include:

Web server provisioning and configuration
Domain name management and DNS configuration
SSL certificate installation and renewal
Server monitoring and uptime management
Regular software and security updates
Website backups
Email hosting (where specified)

The specific hosting services provided to you will be outlined in your Proposal or service agreement.

2. Service Availability

We will use reasonable commercial efforts to maintain a hosting uptime of 99.5% measured on a monthly basis, excluding scheduled maintenance windows and Force Majeure Events. Uptime is measured as the percentage of time the hosting server is operational and accessible.

Scheduled maintenance will be performed during off-peak hours where possible, and we will endeavour to provide at least 24 hours' notice for planned maintenance that may affect service availability.

3. Hosting Plans and Fees

Hosting fees are charged on a monthly or annual basis as specified in your Proposal or invoice. Fees are payable in advance and are subject to the payment terms outlined in our general Terms & Conditions.

We reserve the right to adjust hosting fees with 30 days' written notice. Continued use of the hosting services after a fee adjustment constitutes acceptance of the new fees.

4. Server Resources and Fair Use

Hosting plans include allocated server resources (storage, bandwidth, processing power) as specified in your plan. You agree to use hosting resources fairly and not to:

Consume excessive server resources that degrade performance for other users on shared hosting
Use hosting for purposes other than serving your website and related services
Host content unrelated to your business website without prior approval
Run scripts or processes that consume disproportionate server resources

If your usage consistently exceeds your plan allocation, we will notify you and may recommend an upgrade to a more suitable plan.

5. Backups

We perform regular automated backups of hosted websites. Standard backup retention is 30 days. While we take reasonable precautions to ensure backup integrity, we do not guarantee that backups will be error-free or complete.

You are responsible for maintaining your own independent backups of your website content and data. Lucid Media shall not be liable for any loss of data, regardless of cause.

Restoration from backups may incur additional fees if performed outside of standard support scope.

6. Security

We implement reasonable security measures to protect hosted websites, including:

Firewall configuration and management
Regular security patching and updates
Malware scanning and monitoring
SSL/TLS encryption
Access control and authentication measures

However, no hosting environment is completely immune to security threats. You are responsible for:

Keeping your CMS, plugins, and themes updated (unless covered by a maintenance package)
Using strong, unique passwords for all accounts
Not installing untrusted or nulled plugins, themes, or scripts
Promptly reporting any suspected security issues

If a security breach occurs due to your failure to maintain your website software, remediation work will be charged at our standard hourly rate.

7. Prohibited Content and Use

You must not use our hosting services to host, store, or distribute:

Content that is unlawful, defamatory, obscene, or infringes on intellectual property rights
Malware, viruses, or other malicious software
Phishing pages or fraudulent content
Content that violates the Privacy Act 2020 or other applicable New Zealand legislation
Unsolicited bulk email (spam) or email harvesting tools
Content that promotes illegal activities

We reserve the right to suspend or terminate hosting services immediately if prohibited content is discovered, without prior notice.

8. Domain Names

Where Lucid Media manages domain names on your behalf:

Domain registration and renewal fees are charged separately and are non-refundable
We will use reasonable efforts to renew domains before expiry, but you are ultimately responsible for ensuring timely renewal
Domain transfers to another provider require all outstanding invoices to be paid in full
DNS changes requested by you will be actioned within 2 business days

9. Email Hosting

Where email hosting is included:

Email accounts are subject to the storage limits of your hosting plan
We do not guarantee email delivery, as this depends on factors outside our control
You must comply with the Unsolicited Electronic Messages Act 2007 when sending emails
We reserve the right to suspend email services if your account is used to send spam

10. Client Responsibilities

You are responsible for:

Providing accurate and complete information for hosting setup
Ensuring all content hosted complies with applicable laws
Maintaining current contact and billing information
Responding promptly to communications regarding your hosting services
Notifying us of any changes that may affect your hosting requirements

11. Suspension of Services

We may suspend your hosting services:

If your account is overdue for more than 14 days
If your website is compromised and poses a security risk
If your usage violates these Hosting Terms or our general Terms & Conditions
If required by law or a regulatory authority
If your website is consuming excessive resources that affect other clients

We will endeavour to provide notice before suspension where reasonably practicable, except in cases of security threats or legal requirements.

12. Termination

Either party may terminate hosting services by providing 30 days' written notice. Upon termination:

We will provide a reasonable period (up to 14 days) for you to migrate your website and data
All outstanding fees become immediately due and payable
We will delete your website data from our servers within 30 days of the termination effective date
Domain names registered in your name will be transferred to you upon request, subject to payment of all outstanding invoices

Prepaid annual hosting fees are non-refundable upon termination, unless termination is due to our material breach.

13. Data and Privacy

Hosting services are subject to our Privacy & Cookie Policy. We will:

Process and store your data in accordance with the New Zealand Privacy Act 2020
Not access your website content or data except as necessary to provide the hosting services or as required by law
Take reasonable measures to protect your data from unauthorised access
Notify you promptly of any data breach that affects your hosted content

14. Limitation of Liability

To the fullest extent permitted by law, our liability for hosting services is limited to the hosting fees paid by you in the 12 months preceding the claim. We are not liable for:

Loss of data, revenue, or business opportunities
Indirect, consequential, or incidental damages
Downtime caused by third-party service providers, DNS propagation, or factors outside our control
Security breaches resulting from your failure to maintain website software

15. Service Level Credits

If monthly uptime falls below 99.5% due to causes within our control, you may request a service credit equal to 5% of your monthly hosting fee for each additional 1% of downtime, up to a maximum of 50% of your monthly hosting fee. Credits must be requested within 14 days of the affected month.

16. Governing Law

These Hosting Terms are governed by the laws of New Zealand. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the New Zealand courts.

17. Changes to These Terms

We may update these Hosting Terms from time to time. We will notify you of material changes at least 30 days before they take effect. Continued use of the hosting services after changes take effect constitutes acceptance of the updated terms.