Terms of Service

01 Definitions

"Service"

FileMaker hosting, Mac hosting, server provisioning, database hosting, support, consultancy, and all related services provided by FM Hosting UK.

"Client" / "You"

The individual or organisation purchasing or using any Service from FM Hosting UK.

"Server"

Any physical or virtual infrastructure used to deliver the Service, including co-located, cloud, and dedicated hardware.

"Data"

All files, databases, and content uploaded, stored, or processed by the Client via the Service.

"Downtime"

Any period during which a Service is fully unavailable to the Client due to technical failure, excluding planned maintenance windows.

"We" / "Us"

FM Hosting UK, operated by Coates IT, Collingwood Buildings, 38 Collingwood Street, Newcastle upon Tyne, NE1 1JF, England.

02 Service Provision

FM Hosting UK agrees to provide hosting and related services using commercially reasonable efforts and industry-standard practices.

• Services may be delivered via shared, semi-dedicated, or fully dedicated environments depending on your chosen plan.
• We reserve the right to modify infrastructure, software versions, configurations, or upstream providers where reasonably necessary — for example for security, performance, or operational reasons.
• We do not guarantee uninterrupted, error-free, or loss-free operation of any Service.
• Service specifications described at the time of purchase are targets, not guarantees, unless confirmed in a separate written agreement.

03 Account Responsibilities

You are responsible for all activity carried out under your account. You agree to:

• Maintain strong, unique credentials for your hosted services, including FileMaker accounts, admin panels, and API keys.
• Ensure that all authorised users of your hosted services comply with these Terms.
• Notify us promptly at [email protected] of any suspected unauthorised access, breach, or security concern.
• Keep your billing and contact details accurate and up to date.

FM Hosting UK is not liable for damages or losses arising from compromised credentials or unauthorised access resulting from actions or omissions on the Client's part.

04 Acceptable Use

The Service must not be used to:

• Host, transmit, or distribute content that is illegal under UK law
• Distribute malware, ransomware, spam, or abusive material
• Conduct or facilitate unauthorised access attempts, port scanning, or network abuse
• Run cryptocurrency mining, botnets, or other workloads that degrade shared infrastructure
• Engage in any activity that exposes FM Hosting UK or its other clients to legal, regulatory, or reputational harm

05 FileMaker Licensing

• The Client is solely responsible for ensuring valid licensing for all Claris FileMaker products, including FileMaker Server and all client connection licences.
• FM Hosting UK does not provide FileMaker or Claris licences unless this has been explicitly confirmed in writing as part of your service agreement.
• Performance of your FileMaker solution will vary depending on database schema design, script complexity, concurrent user load, and Data API usage patterns.
• We are not responsible for performance issues caused by poorly optimised schemas, inefficient scripts, or excessive Data API polling.
• FileMaker container field storage is subject to reasonable capacity limits on shared plans. Please contact us before deploying solutions with large container storage requirements.

06 Data & Backups

The Client retains full ownership of all Data at all times.

• Backups may be included as part of your service plan. Unless explicitly confirmed in your service agreement, backups are provided on a best-efforts basis and are not guaranteed.
• On-server backups (stored locally on your hosting server) are included with all FileMaker hosting plans. These allow recovery of files and databases from the same server environment.
• Daily full server image backups are performed for clients with more than four (4) concurrent FileMaker users. A full image backup captures the complete server state and allows the entire server environment to be restored. Up to seven (7) daily image backups are typically retained and available for restore, though this cannot be guaranteed in all circumstances. Full image backups restore the entire server and cannot be used to recover individual files or items in isolation.
• External (off-server) backup copies — where backup data is replicated to a separate system or location outside your server — are available exclusively to clients subscribed to the Server Security Package (Standard or Enhanced). Clients on standard plans do not receive off-server backups from FM Hosting UK.
• You are strongly advised to maintain your own independent off-site backups of all critical Data, regardless of any backup facility we provide.
• FM Hosting UK accepts no liability for loss, corruption, accidental deletion, or failed restoration of Data.
• We will make reasonable efforts to assist with Data recovery where possible, but cannot guarantee success in all circumstances.

07 Software Updates & Maintenance

FM Hosting UK manages software updates to the hosting environment on the following basis.

• FileMaker Server updates: We will apply one FileMaker Server (FMS) version update per calendar year as standard. Clients requiring more frequent updates may subscribe to the Enhanced Security Package, which includes unlimited FMS updates as they become available, or request a one-off update at our current ad-hoc rate.
• Operating system updates: We apply server OS security and stability patches when we become aware of a relevant update, provided the update has been confirmed as compatible with the version of FileMaker Server currently installed on your server. We will not apply OS updates that are known to be incompatible with your FMS version without prior agreement.
• Where a planned update is likely to cause a service interruption, we will provide reasonable advance notice and aim to schedule the work during low-traffic hours.
• FM Hosting UK cannot be held responsible for issues arising from updates that are required to address critical security vulnerabilities, or updates applied at the Client's written request.

08 Uptime & Support

• We aim for high availability across all services but do not guarantee specific uptime SLAs unless these have been confirmed in a separate written agreement.
• Planned maintenance will be communicated with reasonable advance notice wherever possible, and will typically be scheduled during low-traffic hours.
• Support is provided on a reasonable-endeavours basis via email at [email protected] and WhatsApp during business hours (Mon–Fri, 9am–5:30pm).
• Emergency out-of-hours support may be available for critical production incidents at our discretion.

09 Payments & Fees

• Services are billed monthly or annually in advance, as selected at the time of order.
• Payments are processed securely via GoCardless. By placing an order, you authorise us to collect recurring payments in accordance with your chosen billing cycle via Direct Debit.
• All prices shown are inclusive — FM Hosting UK is not currently VAT-registered and no VAT is added to invoices.
• We reserve the right to adjust pricing with a minimum of 30 days' written notice. Continued use of the Service after a price change takes effect constitutes acceptance.
• Late or failed payments may result in suspension of services and restriction of Data access until the outstanding balance is settled.
• We reserve the right to charge statutory interest on overdue invoices in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

10 Suspension & Termination

We may suspend or terminate services if:

• Payment is overdue by more than 14 days
• These Terms are materially breached
• Your usage poses a risk to infrastructure stability or to other clients
• We are legally required to do so by a competent authority

Upon termination:

• Your Data will be retained for 30 days following the termination date, during which time you may request an export or assisted migration.
• After 30 days, Data may be permanently deleted. This action is irreversible.
• Data export or migration assistance beyond standard self-service methods may incur a reasonable administrative fee.

You may cancel at any time by contacting us. Cancellation takes effect at the end of the current billing period. No partial-period refunds are issued unless otherwise agreed in writing.

11 Limitation of Liability

To the fullest extent permitted by applicable law:

• FM Hosting UK shall not be liable for loss of profits, loss of revenue, business interruption, loss of data, or any indirect or consequential loss howsoever arising.
• Our total aggregate liability to you for any claim arising from or related to these Terms or the Service shall not exceed the total fees paid by you in the 12 months immediately preceding the claim.
• Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraudulent misrepresentation, or any other liability that cannot be excluded under applicable UK law.

12 Third-Party Services

The Service may rely on or integrate with third-party providers including VPS hosts, ISPs, domain registrars, CDN providers, and payment processors.

• We are not liable for service degradation, outages, or data loss caused by upstream third-party providers.
• We will make reasonable efforts to notify you of known third-party outages that affect your service.
• Third-party services (including GoCardless, Claris/FileMaker, and domain registrars) are governed by their own terms and privacy policies, which you should review independently.

13 Security

• We implement reasonable and industry-appropriate security measures to protect server infrastructure and your Data, including firewall rules, access controls, and regular patching.
• No system is completely secure. We cannot guarantee that unauthorised third parties will never be able to circumvent our security measures.
• The Client is responsible for application-level security, including FileMaker privilege sets, API authentication tokens, and any web-facing application hardening.
• In the event of a confirmed security incident affecting your Data, we will notify you without undue delay and provide reasonable information about the nature of the breach.

14 Fair Use & Resource Policy

Shared hosting plans are offered on a fair-use basis to ensure a consistent experience for all clients.

• CPU & RAM: Sustained high CPU or memory consumption that materially impacts other clients on shared infrastructure may result in a request to throttle usage, optimise the solution, or upgrade to a dedicated plan.
• Storage: Storage limits apply as specified in your plan. Exceeding your allowance may result in an upgrade request or additional charge.
• Bandwidth: Reasonable bandwidth usage is included. Abnormally high or sustained transfer volumes may be subject to review and fair-use charges.
• We will always contact you before taking action under this clause, except where immediate action is required to protect other clients or infrastructure stability.

15 FileMaker Data API Usage

Use of the Claris FileMaker Data API via our hosted servers is subject to the following fair-use conditions:

• Aggressive or high-frequency API polling that materially degrades server performance is not permitted on shared plans.
• We reserve the right to implement rate limiting or request architectural changes to API integrations that cause excessive server load.
• Clients with high-volume Data API requirements (e.g. customer-facing web apps or automated integrations) are encouraged to discuss dedicated hosting options with us prior to deployment.
• We are not responsible for Data API behaviour, limitations, versioning changes, or deprecations introduced by Claris International.

16 Migration & Data Transfer

• Where we assist with migration of Data to or from our servers (including via rsync, SFTP, or FileMaker export), we take reasonable care but cannot guarantee completeness or integrity of transferred data without independent verification by the Client.
• The Client is responsible for verifying all migrated data upon completion and notifying us promptly of any discrepancies or missing files.
• We accept no liability for data loss during migrations where the Client has not maintained an independent backup prior to the migration commencing.
• Migration timeframes are estimates and may vary depending on data size, network conditions, and schedule availability.

17 Network & Connectivity

• FM Hosting UK operates infrastructure connected via commercial ISPs and data centre providers. We are not liable for connectivity issues caused by upstream network providers, peering disputes, or internet routing issues beyond our direct control.
• Where services are hosted at or via premises-based infrastructure, network availability may be subject to ISP maintenance windows, carrier-grade NAT (CGNAT), or other carrier-imposed limitations. Where this applies, it will be disclosed at time of sale.
• We do not guarantee specific bandwidth, latency, or throughput figures unless these are explicitly confirmed in a written service agreement.

18 Data Protection & UK GDPR

FM Hosting UK is committed to compliance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

• We act as a data processor in respect of any personal data contained in Client Data that we host on your behalf. You, the Client, act as the data controller and are responsible for ensuring a lawful basis for all personal data processing.
• We act as a data controller in respect of your contact and billing information, which we process for the purposes of delivering and administering our services.
• We will not sell, rent, or share your personal data with third parties except where strictly necessary to deliver the Service (e.g. payment processing via GoCardless) or as required by law.
• Your personal data is stored on servers in the United Kingdom and/or the European Economic Area.
• You have rights under UK GDPR including the right to access, rectification, erasure, restriction, portability, and to object to processing. To exercise these rights, contact us at [email protected].

19 Intellectual Property

• The Client retains all intellectual property rights to their Data, databases, and custom FileMaker solutions.
• FM Hosting UK retains all rights to its infrastructure, automation scripts, deployment tooling, monitoring systems, and proprietary internal software.
• Nothing in these Terms transfers intellectual property rights from either party to the other.

20 Confidentiality

• Both parties agree to keep confidential any sensitive business, technical, or personal information received from the other party in connection with the Service.
• Confidential information shall not be disclosed to third parties except where required by law or regulatory authority, or with the written consent of the disclosing party.
• This confidentiality obligation survives the termination of the service relationship.

21 Changes to These Terms

We reserve the right to update or modify these Terms at any time. When we do:

• The effective date at the top of this page will be updated.
• For material changes, active clients will be notified by email with a minimum of 14 days' notice before the changes take effect.
• Continued use of the Service following notification of changes constitutes your acceptance of the updated Terms.

22 Governing Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. Both parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.

23 Contact & Complaints

We take complaints seriously and will endeavour to resolve all issues promptly and fairly. If you have a concern, please contact us in the first instance — most issues are resolved quickly without the need for formal escalation.