Before you sign up with a web host, read eight clauses in the terms and conditions: the contract term, price changes, refunds, uptime, backups, your data when you leave, suspension, and liability. Together they decide how hard it is to leave, who owns your data and who carries the loss when something goes wrong.
Key takeaways
- Check how to cancel and how much notice you need before you check the price.
- Most hosts say backups are your responsibility. Find that sentence and plan around it.
- Make sure you can take your files, database, email and domain with you when you leave.
- Since 9 November 2023, unfair terms in small business standard form contracts can attract penalties.
Why do hosting terms matter so much?
Hosting contracts are almost always standard form: one set of terms for every customer, which you accept or walk away from. The ACCC says the law presumes a contract is standard form, so the business that wrote it has to prove otherwise (ACCC).
You can’t negotiate the clauses, but you can choose the host. If the words “updates”, “backups” or “malware” don’t appear, assume the website side is your job. Our guide to hosting vs maintenance explains where that line usually falls.
The 8-clause checklist
1. Contract term, renewal and cancellation
Look for the minimum term, whether it renews automatically and how you cancel. Watch for a 30-day notice period on a monthly plan, or cancellation by email only to an address nobody answers. Our article on monthly vs annual hosting covers how to save without being locked in.
Ask: “Can I cancel online, and what happens to money I’ve paid in advance?”
2. Price changes
Many hosts can change prices at renewal, or even mid-term. The ACCC gives a broadband example: a term letting a business raise prices during a three-year contract, with no right for the customer to leave, is likely to be unfair. Find out what the plan costs in year two, not just in month one.
3. Refunds and money-back guarantees
A money-back window shows the host expects you to stay. Check what it covers: often hosting fees only, not domains or setup fees.
Separately, consumer guarantees cover many business purchases under $100,000. Services must be provided with due care and skill, and a business can’t sign those rights away (ACCC).
4. Uptime and service levels
An uptime figure means little without the detail. Look for what counts as downtime, whether planned maintenance is excluded and how you claim a credit. Our uptime guarantee explainer decodes the usual fine print.
5. Backups and data loss
This is the clause owners most often miss. Many hosting terms say backups are provided as a courtesy, that the host may not keep them, and that it isn’t liable if they fail. In plain terms: if your site is lost, it’s your problem.
So keep your own copies. The 3-2-1 rule says three copies, on two kinds of storage, with one off-site (Backblaze). If you’d rather someone else owned that job, our Maintain & Protect website care plans include off-site backups kept for 30 days.
6. Your data and domain when you leave
Your files, database, email and domain should be yours. Check that you can download a full backup at any time, and how long the host keeps your data after you cancel. Some delete it soon after the account closes.
The domain matters most. Make sure it’s registered in your business’s name, not the host’s or a designer’s, and that the host will release it promptly when you transfer.
7. Suspension and acceptable use
Hosts can suspend a site for malware, spam or using too many resources. Fair enough, but look for a warning first, the ability to fix the problem and a clear path back online. “Unlimited” plans almost always have a fair-use limit buried in this section.
8. Limitation of liability
Nearly every host caps its liability, often at the fees you paid in the last month or year. That’s normal, so your real protection is good backups and, if your business relies on its site, suitable insurance.
What if a clause seems unfair?
Since 9 November 2023, the unfair contract terms law has covered small businesses with fewer than 100 employees or less than $10 million in annual turnover. Penalties now apply to businesses that use unfair terms (ACCC contracts guidance).
Terms that may be unfair include ones letting only the host change the contract, end it, or penalise you for leaving. If you’re unsure, ask the host to explain the clause in writing. A good one will. For legal advice on a specific contract, talk to a lawyer.
How our terms work
Our Australian web hosting comes with a 30-day money-back guarantee and a 99.9% uptime SLA in our legal pages. You can pay monthly, or yearly for the price of 10 months. Every plan includes free SSL and free migration. If any hosting jargon in a contract stumps you, our glossary of web hosting terms explains it in plain English.
Contracts don’t move your Google rankings, but servers can. See does hosting affect SEO.
Frequently asked questions
Can I get a refund if I cancel my web hosting?
It depends on the host’s terms. Some offer a money-back window that covers hosting fees but not domains. After that, refunds for unused time vary. Consumer guarantees still apply if a service wasn’t provided with due care and skill.
Who owns my website files if I leave my host?
Normally you do, but check the terms. Make sure you can download a full backup of files, database and email before you cancel, and find out how long the host keeps your data afterwards. Get your domain transferred before the hosting account closes.
Is my host responsible if my backups fail?
Usually not. Most hosting terms make backups the customer’s responsibility and limit the host’s liability. Keep your own off-site copies, or use a maintenance service that takes and tests backups for you.
Do unfair contract terms laws apply to web hosting?
They can. The laws cover standard form contracts with consumers and with small businesses that have fewer than 100 employees or under $10 million in turnover. Since 9 November 2023, businesses that use unfair terms can face penalties.
What notice period is normal for cancelling hosting?
It varies. Many hosts let you cancel at any time, effective at the end of the paid period. Others ask for 30 days’ notice or a written request. Look for this before you sign, and diarise any deadline so you don’t renew by accident.
Sources
- Contracts (unfair contract terms), ACCC
- Consumer rights and guarantees, ACCC
- The 3-2-1 backup strategy, Backblaze