Cloud Hosting Terms & Conditions

These Terms & Conditions govern the provision of cloud hosting, managed infrastructure, deployment, monitoring, and related technical services by Empex Digital.

By purchasing, accepting, or using a cloud hosting service from Empex Digital, the client agrees to these terms unless a separate written agreement has been signed by both parties.

Cloud hosting services are intended to provide managed hosting oversight and operational support for websites, platforms, and digital systems according to the selected plan and the technical needs of the project.

The standard managed hosting plans are as follows:

Empex Digital may update hosting plan pricing, scope, features, or structure in the future. Any such changes will not affect an already paid service period, and reasonable notice will be given where changes are to apply going forward.

Managed cloud hosting services are limited to the reasonable scope of the selected plan, the agreed technical environment, and the actual hosting requirements of the client’s platform.

Services may include, depending on the selected plan:

Hosting services do not automatically include full software development, full application support, redesign work, ongoing code debugging unrelated to the hosting environment, or unlimited engineering time unless explicitly agreed in writing.

Unless expressly stated otherwise in writing, the published hosting plan prices are monthly management and service fees for Empex Digital’s hosting oversight and support.

Underlying cloud provider costs may be billed separately. These may include, but are not limited to:

Where cloud usage is paid directly by the client to the provider, the client remains fully responsible for those provider charges.

Where Empex Digital incurs infrastructure or third-party service costs on behalf of the client, such costs may be invoiced separately in addition to the plan fee.

Migration, onboarding, and environment setup work may be included only where expressly stated, or otherwise may be quoted separately depending on project complexity.

The client must provide all necessary access, credentials, DNS control, source code access, repository permissions, hosting information, and technical cooperation required for migration or setup.

Empex Digital will use reasonable care in planning and carrying out migrations, but cannot guarantee zero downtime, zero disruption, or immediate compatibility in all cases, especially where inherited, outdated, or poorly documented systems are involved.

Empex Digital may configure or oversee backup arrangements according to the selected hosting plan and technical environment.

However, backups are a risk-reduction measure and not an absolute guarantee against all forms of loss, corruption, attack, provider failure, or human error.

Restore or recovery outcomes may depend on the quality, recency, completeness, and technical condition of the available backup data.

Empex Digital does not guarantee uninterrupted backup success, exact retention periods unless contractually agreed, or full recovery of every file, record, or application state in all circumstances.

Any support descriptions, priorities, or indicative response expectations shown on the website are general service guidance unless a separate written service-level agreement states otherwise.

Empex Digital will make reasonable efforts to respond promptly, prioritise serious incidents appropriately, and provide practical support in line with the selected plan.

No fixed guaranteed uptime target, response time, recovery time, incident response time, or resolution time applies unless expressly agreed in writing.

Support is generally delivered during normal business working periods unless another arrangement has been agreed.

The client is responsible for:

Delays caused by incomplete access, incorrect credentials, missing technical information, DNS delays, third-party restrictions, or lack of client cooperation may affect service delivery and do not create liability for Empex Digital.

Cloud hosting and infrastructure services often rely on third-party providers, including cloud vendors, domain registrars, CDN providers, monitoring platforms, email providers, plugin vendors, and software tools.

Empex Digital is not responsible for failures, outages, API changes, provider pricing changes, discontinued services, security incidents, or limitations caused by third-party services beyond its reasonable control.

Where third-party issues create extra work beyond normal scope, Empex Digital may recommend a separate quote, infrastructure change, or revised hosting arrangement.

Hosting plans are billed monthly in advance unless otherwise agreed in writing.

All stated prices are exclusive of VAT unless expressly stated otherwise. VAT will be added where applicable.

The client must pay all invoices by the stated due date.

Additional work outside the agreed plan scope, together with separately billable infrastructure costs or third-party charges, may be invoiced separately.

If payment is overdue, Empex Digital may suspend or limit hosting management, support access, or related services until payment is brought up to date.

Hosting plans operate on a monthly rolling basis unless a different minimum term is agreed in writing.

Either party may cancel by giving at least 14 days’ written notice before the next billing cycle, unless another notice period has been agreed in writing.

Cancellation does not remove the client’s obligation to pay for any current billed period, separately incurred infrastructure costs, or additional approved work already carried out.

Offboarding, migration away, documentation preparation, export assistance, DNS transition, or transition engineering may require separate billing unless otherwise agreed.

Empex Digital will provide hosting and infrastructure services with reasonable care and skill.

However, Empex Digital is not liable for indirect loss, loss of profit, loss of revenue, loss of opportunity, loss of reputation, loss of data, or consequential loss arising from the use of, or inability to use, the hosted platform or related services.

Empex Digital is not liable for issues arising from:

To the fullest extent permitted by law, Empex Digital’s total liability in relation to cloud hosting services will not exceed the total fees paid by the client to Empex Digital for the relevant hosting plan during the 3 months immediately preceding the event giving rise to the claim.

These terms may be updated from time to time. The latest version published by Empex Digital will apply to future hosting periods unless a separate written agreement states otherwise.

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force.

No delay or failure in exercising rights shall operate as a waiver of those rights.

These terms are governed by the laws of England and Wales, and any disputes shall be subject to the jurisdiction of the courts of England and Wales, unless otherwise required by law.