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Hosting Agreement

This Hosting Agreement template outlines the terms and conditions under which a service provider will host a client's website or application, including details on services, uptime guarantees, and support.

Updated 15d ago
hosting agreementSMEwebsite hostingcloud servicesservice level agreementdata hostingterms and conditions

Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

Hosting Agreement

This Hosting Agreement (the "Agreement") is made and entered into as of {{date_of_agreement}} (the "Effective Date"), by and between {{service_provider_company_name}}, a company duly organized and existing under the laws of {{country_of_incorporation}}, with its principal place of business at {{service_provider_address}} ("Service Provider"), and {{client_company_name}}, a company duly organized and existing under the laws of {{client_country_of_incorporation}}, with its principal place of business at {{client_address}} ("Client").

WHEREAS, Service Provider is engaged in the business of providing web hosting services; and

WHEREAS, Client desires to utilize Service Provider's hosting services for its website/application.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows:

1. Services Provided

Service Provider agrees to provide web hosting services for Client's website/application, including but not limited to, server space, bandwidth, and technical support as detailed in Schedule A (Service Level Agreement).

The hosting package selected by the Client is {{hosting_package_name}} with specifications including {{disk_space}} GB disk space, {{bandwidth}} GB bandwidth, and {{number_of_databases}} databases.

Any additional services requested by the Client outside the scope of the agreed package will be subject to additional charges and a separate written agreement.

2. Term and Termination

This Agreement shall commence on the Effective Date and shall continue for an initial term of {{initial_term_duration}} (e.g., one year) ("Initial Term"). Thereafter, this Agreement shall automatically renew for successive renewal terms of {{renewal_term_duration}} unless either party provides written notice of non-renewal at least {{notice_period_days}} days prior to the end of the then-current term.

Either party may terminate this Agreement immediately upon written notice if the other party breaches any material term of this Agreement and fails to cure such breach within {{cure_period_days}} days of receiving written notice thereof.

Upon termination of this Agreement, Service Provider shall, at Client's request, provide a copy of all Client data hosted on its servers within {{data_transfer_days}} days.

Client acknowledges that upon termination, Service Provider will remove all Client data from its servers after {{data_retention_days}} days, and Service Provider shall have no further obligation to store or maintain such data.

3. Fees and Payment

Client agrees to pay Service Provider the fees as specified in Schedule B (Fee Schedule). All fees are payable in {{currency}}.

Invoices will be issued {{billing_frequency}} and are due within {{payment_terms_days}} days of the invoice date.

Late payments may incur a late fee of {{late_fee_percentage}}% per month or the maximum amount permitted by law, whichever is lower.

Service Provider reserves the right to suspend or terminate services for non-payment. Reinstatement of services may be subject to a re-activation fee of {{re_activation_fee}} {{currency}}.

4. Service Level Agreement (SLA)

Service Provider commits to an uptime guarantee of {{uptime_guarantee}}% per calendar month as detailed in Schedule A. Should Service Provider fail to meet this guarantee, Client may be eligible for service credits as outlined therein.

Technical support will be available {{support_hours_start}} to {{support_hours_end}}, {{support_days_of_week}}, via {{support_channels}} (e.g., email, phone, support portal).

Response times for support requests are typically within {{response_time_hours}} hours for critical issues and {{response_time_hours_non_critical}} hours for non-critical issues.

5. Client Responsibilities

Client is responsible for maintaining the security of its account credentials and for all activities that occur under its account.

Client agrees to comply with all applicable laws and regulations regarding its website/application content and use of the hosting services.

Client shall not use the hosting services for any illegal, infringing, or abusive activities, including but not limited to, spamming, phishing, or distributing malware.

6. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Service Provider be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the services; (b) any conduct or content of any third party on the services; or (c) unauthorized access, use or alteration of your transmissions or content.

Service Provider's total liability to Client for any claim arising out of or relating to this Agreement shall not exceed the total fees paid by Client to Service Provider for the services in the six (6) months preceding the event giving rise to the liability.

7. Indemnification

Client agrees to indemnify, defend, and hold harmless Service Provider and its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to Client's use of the hosting services, Client's content, or Client's breach of any term of this Agreement.

8. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of {{governing_law_country}}.

Any dispute, controversy, or claim arising out of or in connection with this Agreement, including its existence, validity, or termination, shall be referred to and finally resolved by arbitration in accordance with the arbitration rules of {{arbitration_institution}} in {{arbitration_city}}, {{arbitration_country}}.

The language of the arbitration shall be English.

Signature Block

IN WITNESS WHEREOF, the parties hereto have executed this Hosting Agreement as of the Effective Date.

_____________________________

{{service_provider_company_name}}

By: _________________________

Name: {{service_provider_signatory_name}}

Title: {{service_provider_signatory_title}}

Date: {{service_provider_signature_date}}

_____________________________

{{client_company_name}}

By: _________________________

Name: {{client_signatory_name}}

Title: {{client_signatory_title}}

Date: {{client_signature_date}}

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