Legal
Hosting Terms
Last updated: April 2026
These Hosting Terms & Conditions ("Hosting Terms") govern the provision of managed website hosting services by FrankDevs (Frank Digital Limited). These Hosting Terms are supplementary to and must be read in conjunction with our general Terms & Conditions.
1. Hosting Services
FrankDevs managed hosting may include:
- Web server provisioning and configuration
- SSL certificate installation and auto-renewal
- Server monitoring and uptime management
- Regular security updates and patches
- Automated daily website backups
- CDN configuration and performance optimisation
- Domain and DNS management (where specified)
Specific services included in your plan are outlined in your Proposal or invoice.
2. Service Availability
FrankDevs targets a hosting uptime of 99.5% measured monthly, excluding scheduled maintenance windows and Force Majeure Events. Scheduled maintenance is performed during off-peak hours where possible, with at least 24 hours' notice for planned downtime.
3. Hosting Fees
Hosting fees are billed monthly or annually as specified. Fees are payable in advance and subject to our general payment terms. FrankDevs reserves the right to adjust hosting fees with 30 days' written notice. Continued use after a fee adjustment constitutes acceptance.
4. Server Resources and Fair Use
You agree to use hosting resources fairly and not to:
- Consume excessive server resources that degrade performance for others
- Use hosting for purposes other than serving your website
- Host content unrelated to your business without prior approval
- Run resource-intensive scripts or background processes without approval
Consistent overuse of allocated resources may require an upgrade to a higher-tier plan.
5. Backups
Automated backups are performed daily with a standard 30-day retention period. While we take reasonable precautions, we do not guarantee backup integrity. You are responsible for maintaining your own independent backups. FrankDevs is not liable for data loss regardless of cause. Restoration from backup outside standard support scope may incur additional fees.
6. Security
FrankDevs implements reasonable security measures including:
- Firewall configuration and management
- Regular security patching and server updates
- Malware scanning and monitoring
- SSL/TLS encryption
- Access control and two-factor authentication on server management
No hosting environment is completely immune to threats. You are responsible for keeping your CMS, plugins, and themes updated (unless covered by a care plan), using strong passwords, and not installing nulled or untrusted software. Remediation work resulting from your failure to maintain site software will be charged at our standard hourly rate.
7. Prohibited Content and Use
You must not use FrankDevs hosting to store or distribute:
- Content that is unlawful, defamatory, or infringes intellectual property rights
- Malware, viruses, or malicious software
- Phishing pages or fraudulent content
- Content that violates the New Zealand Privacy Act 2020
- Unsolicited bulk email (spam) or email harvesting tools
- Content promoting illegal activities
FrankDevs reserves the right to suspend hosting immediately if prohibited content is discovered.
8. Domain Names
Where FrankDevs manages your domain:
- 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 timely renewal
- Domain transfers require all outstanding invoices to be paid in full
- DNS changes will be actioned within 2 business days of written request
9. Client Responsibilities
You are responsible for:
- Providing accurate information for hosting setup
- Ensuring all hosted content complies with applicable New Zealand laws
- Maintaining current contact and billing information
- Responding promptly to hosting-related communications
- Notifying us of changes that may affect your hosting requirements
10. Suspension of Services
FrankDevs may suspend hosting if:
- Your account is overdue by more than 14 days
- Your website is compromised and poses a security risk
- Your usage violates these Hosting Terms or our general Terms & Conditions
- Required by law or a regulatory authority
- Your website is consuming resources that affect other clients
We will provide notice before suspension where reasonably practicable, except in cases of security threats or legal requirements.
11. Termination
Either party may terminate hosting with 30 days' written notice. Upon termination:
- Up to 14 days are provided to migrate your website and data
- All outstanding fees become immediately due
- Your data will be deleted from our servers within 30 days of the termination date
- Domains registered in your name will be transferred upon request and full payment
Prepaid annual hosting fees are non-refundable unless termination is due to our material breach.
12. Data and Privacy
Hosting services are subject to our Privacy Policy and the New Zealand Privacy Act 2020. We will not access your website content except as necessary to deliver hosting services or as required by law. We will notify you promptly of any data breach affecting your hosted content.
13. Limitation of Liability
To the fullest extent permitted by law, our liability for hosting services is limited to hosting fees paid in the 12 months preceding the claim. We are not liable for loss of data, revenue, or business opportunities; indirect or consequential damages; downtime caused by third-party providers or DNS propagation; or security breaches resulting from your failure to maintain website software.
14. 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 credit of 50% of your monthly fee. Credits must be requested within 14 days of the affected month.
15. Changes to These Terms
FrankDevs may update these Hosting Terms from time to time. Material changes will be communicated at least 30 days before they take effect. Continued use of hosting after changes take effect constitutes acceptance.
16. Governing Law
These Hosting Terms are governed by the laws of New Zealand. Disputes are subject to the exclusive jurisdiction of the New Zealand courts.
17. Contact
Questions about your hosting? Contact us or email studio@frankdevs.com.
© 2026 Frank Digital Limited t/a FrankDevs. All rights reserved. Auckland, New Zealand.