Terms and Conditions

Effective Date: 1 January 2025 These Terms and Conditions ("Agreement") govern the provision of website maintenance services by Fly High Web, a division of Fly High Media Ltd (Company No.10064688, registered in England and Wales), to you (“Client” or “You”). By using our services, you agree to be bound by the following terms:

1. Definitions

  • “We”, “Us”, or “Our” refers to Fly High Web.
  • “Services” refers to website maintenance packages, including but not limited to software/plugin updates, security checks, backups, uptime monitoring, and small content or functionality changes.
  • “Downtime” means periods during which the website is inaccessible due to server issues, technical faults, or third-party service disruptions.

2. Scope of Services

2.1. Services provided are as detailed in the chosen package on our website or service agreement. 2.2. Services do not include major design changes, new development features, or third-party software integration unless otherwise agreed in writing.

3. Server and Hosting

3.1. If hosting is provided by Fly High Web or its partners, servers are managed on a best-efforts basis. 3.2. We do not guarantee uninterrupted service. Server uptime typically exceeds 99%, but no formal uptime SLA is offered unless expressly stated in a separate written contract. 3.3. Downtime may occur due to maintenance, unexpected technical issues, or third-party service outages.

4. Backups and Restoration

4.1. Backups are taken at intervals appropriate to your package (e.g., daily or twice daily). 4.2. Backups are retained for up to three (3) months. 4.3. Restoration is carried out on a best-efforts basis. No guaranteed restoration timeframe can be offered.

5. Security

5.1. We implement basic security protocols through plugin tools and standard practices. 5.2. We are not liable for breaches or loss resulting from software vulnerabilities, outdated third-party tools, or Client modifications.

5A. Support Hours

5A.1. Our standard support hours are Monday to Friday, 9:00am to 5:00pm (UK time), excluding public holidays. 5A.2. Any requests submitted outside of these hours will be addressed the next working day. 5A.3. Emergency support outside these hours is not guaranteed but may be handled at our discretion, depending on severity. 5A.4. 24/7 support is not included in any standard package. If this level of service is required, it must be arranged and costed separately.

5B. Data Protection and GDPR

5B.1. Fly High Web provides technical website maintenance services only. We do not act as a Data Controller or Data Processor (as defined under UK GDPR and the Data Protection Act 2018) in respect of any personal data collected, stored, or processed through your website.5B.2. You, as the Client, are the Data Controller and are solely responsible for ensuring compliance with all applicable data protection laws, including but not limited to:

  • Handling of data subject requests (e.g. erasure, access, portability).
  • Lawful basis for processing and retention of personal data.
  • Security and storage of uploaded or user-generated files.
5B.3. We may, at your request, perform technical actions (e.g. deleting a file, restoring a backup, moving content) that could involve incidental access to personal data. These actions will always be carried out on your documented instructions, and you remain responsible for ensuring such actions meet your legal obligations.5B.4. Fly High Web accepts no liability for any failure by you to comply with GDPR or other data protection legislation.

6. Client Responsibilities

6.1. You agree to inform us of any third-party developer access or changes made to the site. 6.2. We reserve the right to withhold or suspend maintenance if unauthorised modifications compromise performance or security.

7. Payment and Term

7.1. Monthly or annual fees are due in advance and are non-refundable. 7.2. Late or missed payments may result in suspension of service.

8. Limitation of Liability

8.1. To the fullest extent permitted by UK law, Fly High Web shall not be liable for:
  • Any indirect, incidental, special, or consequential damages.
  • Loss of business, revenue, profits, or data.
  • Business interruption or downtime caused by server issues, internet failures, third-party services, software bugs, or acts outside our control.
8.2. Any liability for direct damages shall be limited to the total amount paid by the Client to Fly High Web in the three (3) months preceding the incident.

9. Force Majeure

We shall not be liable for failure to perform where such failure results from any cause beyond our reasonable control, including but not limited to power outages, natural disasters, cyberattacks, or third-party service disruption.

10. Termination

10.1. Either party may terminate this Agreement with 30 days’ written notice. 10.2. We reserve the right to terminate immediately in the event of breach, abuse, or misuse of services.

11. Legal Jurisdiction

These terms shall be governed by and construed in accordance with the laws of England and Wales. All disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales. Contact Fly High Media Ltd The Business Centre Oakland Business Park Hooton Road Hooton Cheshire CH66 7NZ Email: [email protected] Phone: 0151 528 9502