1. Definitions
In this agreement the following terms have the meanings given below.
1.1 Defined terms
- “Arcscribe”, “we” or “us” means Arcscribe Ltd, a company registered in England and Wales under number 16921982, whose registered office is at 18 Colegate, Norwich, NR3 1BQ.
- “Client” or “you” means the individual or entity subscribing to the Plan.
- “Plan” means the Active Care managed web hosting plan described in clause 2.1.
- “Site” means the single website or web application hosted by Arcscribe under the Plan.
- “Service” means the managed hosting and maintenance services provided under the Plan.
- “Schedule of Costs” means the rates published at arcscribe.co.uk/hosting, as amended from time to time in accordance with clause 3.6.
- “Business Day” means Monday to Friday, excluding bank and public holidays in England and Wales.
- “Business Hours” means 10:30 to 17:00 UK time on a Business Day.
- “Client Content” means all data, text, images, media, code and other material supplied by the Client or published through the Site.
2. The Service
2.1 What the Plan provides
Arcscribe will provide managed hosting for one Site under the Active Care Plan. The Plan comprises:
- Everything provided under the Essential Hosting Plan.
- Weekly CMS & plugin core updates
- Monthly security & performance scans
- Staging environment for testing changes
- Backup retention extended to 30 days
- 30 minutes of content updates per month
2.2 One Site per Plan
A Plan covers a single deployed Site. A staging or preview environment provisioned by Arcscribe in support of that Site is not counted as a separate Site. Hosting an additional website or web application requires an additional Plan.
2.3 What the Plan does not provide
The following fall outside the Plan and are charged separately or under a separate agreement:
- New feature development, redesign, or any substantial change to the scope or structure of the Site.
- Migration onto the Service of a website or application that Arcscribe did not build, unless separately agreed in writing.
- Third-party licence, subscription and transaction fees, including payment gateways, commercial plugins, and external APIs.
- Domain registration and mailbox hosting, which are provided separately under the terms published at arcscribe.co.uk/domains.
- Out-of-hours and emergency support, which is charged under the terms published at arcscribe.co.uk/callingterms.
2.4 Infrastructure
Arcscribe selects, provisions, configures and manages the underlying infrastructure on which the Site runs, and is responsible to the Client for the Service as a whole regardless of which providers it uses to deliver it.
Arcscribe may change the underlying infrastructure provider, platform or configuration at any time, provided the change does not materially reduce the Service and does not conflict with clause 10.4. Where a change is expected to cause user-visible disruption, clause 5.4 applies.
2.5 Resource allocation
The Site runs on shared managed infrastructure under the fair use provisions of clause 9.2.
2.6 Monitoring
Arcscribe operates automated uptime monitoring against the Site continuously. Monitoring generates alerts to Arcscribe; it does not constitute a commitment to respond outside Business Hours, which is governed by clause 6 and by the out-of-hours terms referred to in clause 2.3.
3. Fees, VAT and Payment
3.1 Rates
The Plan is charged at £39.00 per month, or £420.00 per year where the Client elects annual payment. The annual rate incorporates the 10% discount described in clause 3.4.
3.2 VAT
All figures in this agreement and in the Schedule of Costs are exclusive of VAT, which is charged in addition at the prevailing standard rate, currently 20%. £39.00 per month is therefore £46.80 per month including VAT at the current rate.
3.3 Monthly billing
Monthly Plans are payable by automated Direct Debit mandate only. The Client must put a valid mandate in place before the Service commences and maintain it for the duration of the Plan.
Invoices are issued automatically on the 1st of each calendar month and collected by Direct Debit. The first invoice may be pro-rated where the Service commences part way through a month.
3.4 Annual billing
Annual Plans are payable in advance by direct bank transfer and attract a 10% discount on the total bill, which is already reflected in the annual rate stated in clause 3.1 and rounded down in the Client's favour. The discount is consideration for payment in advance and is the basis of clause 4.4.
3.5 Late or failed payment
Where a Direct Debit collection fails or an invoice remains unpaid after its due date, Arcscribe may charge interest and reasonable recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998, and may suspend the Service in accordance with clause 11.1.
The Client remains liable for fees accruing during any period of suspension.
3.6 Changes to rates
Arcscribe may revise the Schedule of Costs on not less than 30 days' written notice to the Client. A revised rate takes effect at the start of the Client's next billing period after that notice expires.
Where the Client does not accept a revised rate, it may cancel under clause 4.3 with effect from the date the new rate would take effect, and the notice period in clause 4.3 is treated as satisfied by that notice.
4. Term, Renewal and Cancellation
4.1 Term
The Plan runs on a rolling monthly basis, or on a rolling annual basis where the Client has elected annual payment, beginning on the date the Service commences. There is no minimum term and no lock-in contract.
4.2 Renewal
The Plan renews automatically at the end of each billing period at the then-current rate, unless cancelled in accordance with clause 4.3 or terminated under clause 11.
4.3 Cancellation by the Client
The Client may cancel at any time by giving not less than 30 days' written notice to contact@arcscribe.co.uk. Notice takes effect from the date Arcscribe receives it.
The Service continues, and fees continue to accrue, until the notice period expires.
4.4 Annual Plans are not refundable
Where the Client has paid annually and cancels before the end of the annual period, the unexpired portion is not refunded and no pro-rata credit is given. This reflects the 10% discount given under clause 3.4 in consideration of payment in advance.
The Service continues to the end of the paid period unless the Client asks Arcscribe in writing to end it sooner.
4.5 Monthly Plans and part months
Where the Client pays monthly, the calendar month in which the notice period expires is payable in full. Arcscribe does not give partial-month refunds.
4.6 Changing tier
The Client may move to a higher or lower tier at any time, with effect from the start of the next billing period. No notice period applies to a change of tier, and no charge is made for the change itself.
Where the Client moves to a lower tier, the provisions of the new tier, including its backup retention period under clause 7.2, apply from the date the change takes effect and are not applied retrospectively.
5. Service Availability
5.1 Availability target
Arcscribe targets 99.9% monthly availability for the Site, measured by Arcscribe's own monitoring described in clause 2.6.
5.2 The target is not a warranty
The target in clause 5.1 is a statement of the standard Arcscribe works to. It is not a contractual warranty, guarantee or service level agreement.
Arcscribe does not warrant that the Site will be available without interruption or free from error, and no service credit, refund, discount or other compensation is payable for a failure to meet the target. The Client's remedies in respect of the Service are those set out in clause 14.
5.3 Excluded from the target
The following are not counted as unavailability for the purposes of clause 5.1:
- Planned maintenance carried out in accordance with clause 5.4, and emergency security patching.
- Faults caused by Client Content, or by changes made to the Site, its deployment pipeline, its DNS or its infrastructure by the Client or a third party acting for the Client, as described in clause 8.4.
- Failures of third-party services outside Arcscribe's control, including domain registrars, DNS providers, payment gateways, email providers and external APIs.
- Failures of upstream network or infrastructure providers, and internet routing or connectivity failures between the Client's users and the Site.
- Suspension of the Service under clause 11.
- Events beyond Arcscribe's reasonable control, including denial of service attacks exceeding the mitigation provisioned for the Plan.
5.4 Maintenance
Arcscribe will endeavour to schedule planned maintenance outside Business Hours and to give the Client reasonable advance notice where it expects user-visible disruption.
Security patching may be applied at any time and without notice where Arcscribe considers it necessary to protect the Site, Arcscribe's systems or other clients.
6. Support
6.1 How to raise a request
Support requests should be made by email to contact@arcscribe.co.uk. Requests are received and worked during Business Hours.
6.2 Response target
Arcscribe aims to give a first substantive response to a support request within one Business Day. Requests are handled in the order they are received.
Response targets are measured only during Business Hours. A request received outside Business Hours is treated as received at the start of the next Business Day.
6.3 Response is not resolution
A response target is the time within which Arcscribe aims to respond substantively and begin work. It is not a commitment to diagnose or resolve the issue within that period. Like clause 5.1, it is a target rather than a warranty, and no compensation is payable for failing to meet it.
6.4 Included maintenance time
The Plan includes 30 minutes of content or code changes per calendar month, carried out by Arcscribe at the Client's request during Business Hours.
Included time is allocated monthly and does not accumulate. Any portion unused at the end of a calendar month is forfeited, cannot be carried forward, transferred to another Client or Plan, or exchanged for a credit or refund.
Once the monthly allocation is exhausted, further work is charged as ad-hoc work under clause 6.5.
6.5 Ad-hoc work
Work outside the Plan is charged at Arcscribe's standard rate of £60.00 per hour, exclusive of VAT, with a minimum billing increment of one hour. Time beyond the first hour is billed in increments of 30 minutes, rounded up.
Ad-hoc work covers content uploads, layout modifications, new page creation, third-party API integrations, and non-critical software troubleshooting.
Where Arcscribe expects a request to take more than one hour, it will give the Client an estimate and obtain approval before starting. Ad-hoc work is invoiced in arrears alongside the next Plan invoice.
6.6 Out-of-hours support
Support requested outside Business Hours is governed by the Out-of-Hours and Emergency Call-Out Terms published at arcscribe.co.uk/callingterms, and is charged at the call-out and hourly rates set out there. Nothing in this Plan entitles the Client to out-of-hours support without those charges.
7. Backups and Restoration
7.1 Frequency
Arcscribe takes daily backups of the Site's files and database. Backups are encrypted and stored off-site, separately from the infrastructure running the Site.
7.2 Retention
Backups are retained on a rolling 30-day basis under the Active Care Plan. A backup older than 30 days is deleted and cannot be recovered.
7.3 Restoration
Arcscribe will restore the Site from the most recent viable backup on the Client's request.
Restoration necessitated by a failure of the Service, of Arcscribe's configuration, or of the underlying infrastructure is carried out at no charge.
Restoration necessitated by the Client's own act or omission, including accidental deletion, a change made by the Client or a third party acting for the Client, or compromise of Client credentials, is charged as ad-hoc work under clause 6.5.
7.4 Limits of the backup service
Backups are a recovery mechanism for the hosted Site. They are not an archival, records-management or disaster-recovery service for the Client's business.
Arcscribe does not warrant that any particular backup will prove complete, viable or recoverable, and the Client remains responsible for keeping its own copies of any material it cannot afford to lose. Arcscribe's liability in respect of loss or corruption of Client Content is limited by clause 14.4.
7.5 Backups after termination
Backups are deleted after termination in accordance with clause 13.6.
8. Client Responsibilities
8.1 Account and billing details
The Client must keep its contact and billing details accurate and current, and must maintain a valid Direct Debit mandate where it pays monthly.
8.2 Client Content
The Client warrants that it owns, or is properly licensed to use, all Client Content, and that Client Content does not infringe the rights of any third party or breach clause 9.1.
Arcscribe does not review, moderate or verify Client Content and accepts no responsibility for it.
8.3 Credentials
The Client is responsible for keeping secure any credentials issued to it or its personnel, and must notify Arcscribe promptly on becoming aware of any suspected compromise, unauthorised access or loss of credentials.
8.4 Third-party changes
Where the Client, or a third party acting for the Client, modifies the Site, its code, its deployment pipeline, its DNS records or its infrastructure without Arcscribe's involvement, Arcscribe is not responsible for any resulting fault, outage, vulnerability or data loss.
Work to diagnose or remedy such a fault is charged as ad-hoc work under clause 6.5, and any resulting downtime is excluded from clause 5.1 by clause 5.3.
8.5 Cooperation
The Client will provide Arcscribe with the access, approvals, information and third-party credentials reasonably required to deliver the Service, within a reasonable time of being asked.
9. Acceptable Use
9.1 Prohibited use
The Client must not use the Service to host, transmit or facilitate:
- Material that is unlawful, or that infringes the intellectual property, privacy or other rights of any third party.
- Malware, ransomware, or code designed to damage, compromise or gain unauthorised access to any system.
- Unsolicited bulk email, phishing material, or content supporting a phishing or fraud campaign.
- Cryptocurrency mining, or any other process whose principal purpose is to consume computing resource.
- Deliberate attempts to probe, scan, compromise or degrade Arcscribe's systems, the systems of Arcscribe's providers, or those of any third party.
- Material that is obscene, defamatory, harassing, or that promotes violence or discrimination.
- Anything that exposes Arcscribe or its providers to regulatory action, legal liability or loss of service.
9.2 Fair and reasonable resource use
The Site runs on shared managed infrastructure under the fair use provisions of clause 9.2.
Where the Site's consumption of compute, storage, bandwidth or database resource consistently exceeds the allocation appropriate to the Plan, Arcscribe will notify the Client, explain what is driving the excess, and may require a move to a higher tier on not less than 30 days' written notice.
Arcscribe will not suspend or throttle the Site for resource use alone without first giving that notice, except where the excess is causing, or is about to cause, a failure affecting other clients.
9.3 Consequences of breach
A breach of clause 9.1 may result in immediate suspension under clause 11.2 and, where the breach is material and not promptly remedied, termination under clause 11.4.
10. Data Protection
10.1 Roles of the parties
In respect of personal data processed through the Site, the Client is the controller and Arcscribe is the processor, as those terms are defined in the UK GDPR and the Data Protection Act 2018.
This clause 10 forms the parties' processing agreement for the purposes of Article 28 of the UK GDPR.
10.2 Scope of processing
Arcscribe processes personal data only on the Client's documented instructions, which this agreement constitutes, and only to the extent necessary to provide the Service.
The subject matter is the hosting and maintenance of the Site; the duration is the term of the Plan plus the deletion period in clause 13.6; and the categories of data subject and personal data are determined by the Client through the design and operation of the Site.
10.3 Security measures
Arcscribe implements appropriate technical and organisational measures to protect personal data, including encryption of backups in transit and at rest, access control and authentication on administrative interfaces, and the security patching described in clause 2.1.
10.4 Sub-processors and location of processing
Arcscribe engages third-party infrastructure and service providers as sub-processors in delivering the Service. A current list of sub-processors, including the jurisdiction in which each operates, is available to the Client on request.
Arcscribe will host the Site and its backups in the United Kingdom, the European Economic Area, or a jurisdiction covered by UK adequacy regulations. Where any transfer outside those jurisdictions becomes necessary, Arcscribe will notify the Client in advance and put an appropriate transfer mechanism in place.
Arcscribe will give the Client reasonable notice of the addition or replacement of a sub-processor, and the Client may object on reasonable data protection grounds, in which case the parties will discuss a resolution and, failing one, the Client may cancel under clause 4.3.
10.5 Personnel
Arcscribe ensures that anyone authorised to process personal data under this agreement is bound by an appropriate duty of confidentiality.
10.6 Assistance
Arcscribe will provide reasonable assistance to the Client in responding to data subject requests and in meeting its obligations under Articles 32 to 36 of the UK GDPR.
Routine assistance is included in the Plan. Assistance requiring substantial work, such as bulk extraction or the reconstruction of historic records, is charged as ad-hoc work under clause 6.5.
10.7 Personal data breaches
Arcscribe will notify the Client without undue delay on becoming aware of a personal data breach affecting personal data processed under this agreement, and will provide the information reasonably available to it to assist the Client in meeting its own notification obligations.
10.8 Return and deletion
On termination, Arcscribe deletes or returns personal data in accordance with clauses 13.2 and 13.6, save to the extent it is required by law to retain a copy.
10.9 Records and audit
Arcscribe will make available to the Client the information reasonably necessary to demonstrate compliance with this clause 10, and will contribute to audits carried out by the Client or its auditor on reasonable notice and no more than once in any 12-month period, unless a personal data breach has occurred.
11. Suspension and Termination by Arcscribe
11.1 Suspension for non-payment
Where an amount remains unpaid more than 14 days after its due date, Arcscribe may suspend the Service, having first given the Client not less than 7 days' written warning and an opportunity to pay.
11.2 Immediate suspension
Arcscribe may suspend the Service immediately and without prior notice where:
- It reasonably believes the Site is in breach of clause 9.1.
- The Site has been compromised, or is being used to attack or defraud third parties.
- Continued operation presents a material risk to Arcscribe's systems or to other clients.
- Arcscribe is required to do so by law, by a court, or by a regulator or provider acting under its own terms.
11.3 Restoration after suspension
Arcscribe will restore the Service once the cause of suspension has been remedied and any arrears settled in full. Work to investigate and restore the Site following a suspension under clause 11.2 is charged as ad-hoc work under clause 6.5.
Fees continue to accrue throughout any period of suspension, and a period of suspension is excluded from the availability target by clause 5.3.
11.4 Termination by Arcscribe
Arcscribe may terminate the Plan:
- On not less than 30 days' written notice, for any reason, in which case Arcscribe will refund any fees paid in respect of the period after termination and will assist with migration under clause 13 without charging the handover fee.
- Immediately, where the Client commits a material breach that is incapable of remedy, or that it fails to remedy within 14 days of written notice requiring it to do so.
- Immediately, where the Client becomes insolvent, enters administration or liquidation, or ceases to carry on business.
11.5 Effect of termination
Termination does not affect any right or liability that accrued before it. Clauses 10, 12, 13, 14 and 16 survive termination.
12. Intellectual Property and Code Ownership
12.1 The Client owns the Site code
The Client retains 100% ownership of the website code, as stated in the Schedule of Costs. Hosting with Arcscribe is a convenience, not a condition of that ownership, and the Client may host the Site elsewhere at any time.
12.2 Client Content
All Client Content remains the property of the Client or its licensors. Nothing in this agreement transfers any right in it to Arcscribe.
12.3 Arcscribe materials
Arcscribe retains ownership of its own pre-existing tooling, libraries, templates, infrastructure configuration, monitoring and deployment scripts, and general know-how, none of which forms part of the Site code owned by the Client.
To the extent any such material is embedded in the Site as delivered, Arcscribe grants the Client a perpetual, worldwide, non-exclusive, royalty-free licence to use it as part of the Site.
12.4 Third-party components
Open source and third-party components incorporated into the Site remain subject to their own licences, which pass to the Client on the terms those licences set.
12.5 Licence to Arcscribe
The Client grants Arcscribe the non-exclusive licence to host, copy, back up, modify and process the Site and Client Content to the extent necessary to provide the Service.
13. Migration and Exit
13.1 Handover fee
Where the Client ends the Plan and asks Arcscribe to package the Site for transfer elsewhere, a flat administrative handover fee of £50.00, exclusive of VAT, applies, as stated in the Schedule of Costs. No handover fee is charged where Arcscribe has terminated under the first limb of clause 11.4.
13.2 What the handover includes
Arcscribe will provide the Site files and a dump of the Site database, packaged in a standard archive format and delivered by secure transfer to a recipient the Client nominates in writing.
13.3 Condition
Handover is conditional on all outstanding invoices, including any ad-hoc work and the handover fee itself, being settled in full.
13.4 Timing
Arcscribe will provide the package within 10 Business Days of the later of the Client's written request and settlement of all outstanding sums.
13.5 What the handover does not include
The handover does not include Arcscribe's infrastructure configuration, monitoring or deployment tooling, which remain Arcscribe materials under clause 12.3.
It does not include performing the migration to the incoming provider, configuring the Site on that provider, or supporting the incoming provider. Such work may be undertaken as ad-hoc work under clause 6.5 by agreement.
13.6 Deletion after termination
Arcscribe securely deletes the Site, its data and all backups within 30 days of the later of termination and delivery of the handover package.
The Client should satisfy itself that it holds everything it needs before that period expires. After deletion the material cannot be recovered.
14. Limitation of Liability
14.1 Liability that is not excluded
Nothing in this agreement excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.
14.2 Cap on liability
Subject to clause 14.1, Arcscribe's total aggregate liability arising out of or in connection with this agreement, whether in contract, tort including negligence, breach of statutory duty or otherwise, is limited to the total Plan fees paid by the Client in the 12 months immediately preceding the event giving rise to the claim.
14.3 Excluded losses
Subject to clause 14.1, Arcscribe is not liable for loss of profit, loss of revenue, loss of business, loss of contracts, loss of goodwill, loss of anticipated savings, or for any indirect or consequential loss, however arising.
14.4 Data loss
Subject to clause 14.1, Arcscribe's liability for loss of or damage to Client Content is limited to restoring the Site from the most recent viable backup in accordance with clause 7.3, and clause 7.4 applies.
14.5 Third-party services
Arcscribe is not liable for the acts, omissions or failures of third-party services outside its control, including those listed in clause 5.3.
14.6 No warranty of uninterrupted service
The Service is provided on the basis set out in clauses 5.1 and 5.2. Arcscribe gives no warranty that the Site will be available without interruption or free from error, and all warranties, conditions and terms implied by statute or common law are excluded to the fullest extent permitted by law.
14.7 Indemnity
The Client indemnifies Arcscribe against all claims, damages, losses, costs and reasonable legal fees arising from Client Content or from any breach by the Client of clause 8.2 or clause 9.1.
15. Changes to These Terms
15.1 Notice of change
Arcscribe may amend these terms on not less than 30 days' written notice to the Client where the change is material. Continued use of the Service after the notice period expires constitutes acceptance.
Where the Client does not accept a material change, it may cancel under clause 4.3 with effect from the date the change would take effect, and the notice period in clause 4.3 is treated as satisfied by that notice.
15.2 Immediate changes
Arcscribe may make an immediate change where required to do so by law or by a regulator, or where necessary to address a security risk. Arcscribe will tell the Client as soon as reasonably practicable and explain why.
15.3 Version in force
These terms are effective from October 2026 and supersede any previously published terms for this Plan. The version published at arcscribe.co.uk/terms/activecare is the version in force.
15.4 Relationship to Arcscribe's general terms
These terms govern the Plan. Arcscribe's general Terms of Service at arcscribe.co.uk/terms continue to apply to the wider relationship. Where the two conflict in respect of the Plan, these terms take precedence.
16. Complaints
If something goes wrong, Arcscribe would rather hear about it. Complaints are handled under the procedure published at arcscribe.co.uk/complaints, which sets out how to raise a complaint, how long each stage takes, and what to do if the Client remains dissatisfied.
Raising a complaint does not affect the Client's rights under clause 18 of this agreement or its statutory rights.
17. General
17.1 Entire agreement
These terms, together with the Schedule of Costs and any written order accepted by Arcscribe, constitute the entire agreement between the parties in respect of the Plan and supersede any prior discussion or representation, save in respect of fraud.
17.2 Assignment
The Client may not assign or transfer the Plan without Arcscribe's written consent, which will not be unreasonably withheld. Arcscribe may assign or transfer the Plan to a successor to its business on written notice.
17.3 Force majeure
Neither party is liable for a failure to perform caused by an event beyond its reasonable control, provided it tells the other promptly and takes reasonable steps to mitigate. Where such an event prevents Arcscribe from providing the Service for more than 30 consecutive days, either party may terminate on written notice.
17.4 Severance and waiver
If any provision is found to be unenforceable, the remainder continues in force. A failure or delay in enforcing a right is not a waiver of it.
17.5 Third party rights
No one other than the parties has any right to enforce any term of this agreement under the Contracts (Rights of Third Parties) Act 1999.
18. Governing Law and Dispute Resolution
This agreement is governed by and construed in accordance with the laws of England and Wales. Before either party commences court proceedings, both parties agree to first attempt to resolve the dispute through mediation administered by CEDR (the Centre for Effective Dispute Resolution), in accordance with the CEDR Model Mediation Procedure. If mediation does not resolve the dispute within a reasonable time, the courts of England and Wales have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this agreement.