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User Agreement for Web Hosting Services

This document outlines the terms and conditions governing the use of web hosting services provided by the Company. It is to be used when onboarding new clients for web hosting services to ensure mutual understanding and agreement on service delivery, responsibilities, and legal obligations.

Updated 16d ago
web hostinguser agreementterms of serviceSMEhosting agreementservice level agreementSouth Africa

Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

1. Parties to the Agreement

This User Agreement for Web Hosting Services (hereinafter referred to as the "Agreement") is entered into on this {{date_of_agreement}} day of {{month}}, {{year}}, by and between:

{{company_name}}, a company duly registered in accordance with the laws of {{country}}, with its principal place of business at {{company_address}} (hereinafter referred to as "the Provider"); and

{{client_company_name}}, a company/individual duly registered in accordance with the laws of {{client_country}}, with its principal place of business/residential address at {{client_address}} (hereinafter referred to as "the User").

2. Services Provided

The Provider agrees to furnish the User with web hosting services, including but not limited to, server space, bandwidth, email services, and database support (hereinafter referred to as "the Services"), as detailed in the Hosting Plan selected by the User, attached hereto as Schedule A. The specific features, limitations, and pricing of the chosen Hosting Plan are outlined in Schedule A.

3. Term and Termination

This Agreement shall commence on the Effective Date, being {{effective_date}}, and shall continue for an initial term of {{initial_term_duration}} (e.g., twelve months). Thereafter, this Agreement shall automatically renew for successive periods of {{renewal_period}} 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 remedy such breach within {{cure_period_days}} days of receiving written notice thereof.

4. User Responsibilities

The User agrees to: (a) provide accurate and complete registration information; (b) comply with all applicable local, national, and international laws and regulations; (c) be solely responsible for the content hosted on their account; (d) maintain the confidentiality of their account login details; (e) notify the Provider immediately of any unauthorized use of their account; and (f) pay all fees associated with the Services as and when they fall due.

5. Acceptable Use Policy (AUP)

The User agrees to adhere to the Provider's Acceptable Use Policy, which is incorporated by reference into this Agreement and available on the Provider's website at {{aup_website_link}}. Prohibited activities include, but are not limited to, the hosting of illegal content, spamming, phishing, and any activities that may negatively impact the Provider's network or other users.

6. Fees and Payment

The User agrees to pay all fees for the Services as specified in Schedule A. All invoices are due and payable within {{payment_due_days}} days from the date of issue. Payments can be made via {{payment_methods}}. Failure to pay fees by the due date may result in suspension or termination of services, and a late payment fee of {{late_payment_fee_percentage}}% per month may be applied to overdue balances.

7. Limitation of Liability

The Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, or goodwill, arising out of or in connection with this Agreement or the use of the Services, even if the Provider has been advised of the possibility of such damages. The Provider's total liability to the User for any and all claims arising out of or in connection with this Agreement shall not exceed the total amount paid by the User to the Provider for the Services during the {{liability_period_months}} months preceding the event giving rise to the claim.

8. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of {{country_of_jurisdiction}}. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiation within {{negotiation_period_days}} days, the parties agree to submit the dispute to mediation in {{mediation_location}}. If mediation is unsuccessful, the dispute shall be submitted to the exclusive jurisdiction of the courts of {{country_of_jurisdiction}}.

9. Entire Agreement

This Agreement, together with its schedules and any referenced policies, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to such subject matter.

Signature Block

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

For and on behalf of the Provider:

_____________________________

Name: {{provider_signatory_name}}

Title: {{provider_signatory_title}}

Date: {{provider_signature_date}}

For and on behalf of the User:

_____________________________

Name: {{user_signatory_name}}

Title: {{user_signatory_title}}

Date: {{user_signature_date}}

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