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Web Site Hosting Agreement

This template outlines the terms and conditions for web site hosting services provided by a hosting company to a client. It details service level agreements, responsibilities of both parties, and payment terms.

Updated 15d ago
website hostinghosting agreementSMEservice agreementterms and conditionsinternet servicesSouthern Africa

Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

Web Site Hosting Agreement

This Web Site Hosting Agreement (“Agreement”) is entered into on this {{day}} day of {{month}}, {{year}} (“Effective Date”), by and between:

{{hosting_company_name}}, a company duly incorporated under the laws of {{country}}, with its principal place of business at {{hosting_company_address}} (hereinafter referred to as “Host”); and

{{client_company_name}}, a company duly incorporated under the laws of {{country}}, with its principal place of business at {{client_company_address}} (hereinafter referred to as “Client”).

Collectively, the Host and Client shall be referred to as “Parties” and individually as “Party.”

1. Services Provided

1.1. The Host agrees to provide the Client with web site hosting services for the domain name {{domain_name}} (hereinafter referred to as “Web Site”). The specific hosting package and features are detailed in Appendix A attached hereto, which forms an integral part of this Agreement.

1.2. Services include, but are not limited to, server space, bandwidth, email accounts, and database support as specified in Appendix A.

1.3. The Host shall use commercially reasonable efforts to ensure that the Web Site is available to internet users twenty-four (24) hours a day, seven (7) days a week, subject to scheduled maintenance and unforeseen circumstances.

2. Term and Termination

2.1. This Agreement shall commence on the Effective Date and shall continue for an initial term of {{initial_term_months}} months/years (the “Initial Term”), unless terminated earlier as provided herein.

2.2. Upon expiration of the Initial Term, this Agreement shall automatically renew for successive periods of {{renewal_term_months}} months/years (each a “Renewal Term”), unless either Party provides written notice of non-renewal to the other Party at least {{notice_days}} days prior to the end of the then-current term.

2.3. Either Party may terminate this Agreement immediately upon written notice if the other Party materially breaches any of its obligations hereunder and fails to cure such breach within {{cure_period_days}} days after receiving written notice thereof.

3. Fees and Payment

3.1. The Client agrees to pay the Host the recurring hosting fees as specified in Appendix A. All fees are exclusive of value-added tax (VAT) or any other applicable taxes, which shall be borne by the Client.

3.2. Hosting fees shall be invoiced {{billing_frequency}} (e.g., monthly, quarterly, annually) in advance and are due within {{payment_due_days}} days of the invoice date.

3.3. In the event of late payment, the Host reserves the right to charge interest on overdue amounts at a rate of {{interest_rate_percent}}% per month or the maximum rate permitted by law, whichever is lower.

3.4. The Host reserves the right to suspend hosting services for non-payment. Access to the Web Site will be restored upon receipt of all outstanding payments.

4. Client Responsibilities

4.1. The Client shall be solely responsible for the content of the Web Site, including its accuracy, legality, and compliance with all applicable laws and regulations.

4.2. The Client agrees not to use the hosting services for any illegal or unauthorized purpose, including but not limited to, spamming, phishing, or distributing malware.

4.3. The Client is responsible for maintaining backups of their Web Site data. While the Host may also perform backups, these are for disaster recovery purposes and are not guaranteed to be current or complete.

4.4. The Client shall provide the Host with all necessary information and access to facilitate the provision of services hereunder.

5. Host Responsibilities

5.1. The Host shall maintain the hosting servers and infrastructure in good working order and shall take reasonable measures to protect the Client’s data from unauthorized access, loss, or corruption.

5.2. The Host shall provide technical support to the Client during regular business hours regarding hosting-related issues. Details of support channels and response times are outlined in Appendix A.

5.3. The Host shall notify the Client in advance of any scheduled maintenance that may impact the availability of the Web Site.

6. Limitation of Liability

6.1. In no event shall the Host be liable to the Client for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, or business interruption, arising out of or in connection with this Agreement.

6.2. The Host’s total liability for any claims arising out of or relating to this Agreement shall not exceed the total fees paid by the Client to the Host during the twelve (12) months immediately preceding the event giving rise to the claim.

7. Governing Law and Dispute Resolution

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

7.2. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be first subjected to good faith negotiations between the Parties.

7.3. If negotiations fail to resolve the dispute within {{negotiation_days}} days, the Parties agree to submit the dispute to mediation in {{city}}, {{country}}, in accordance with the rules of {{mediation_institution}}.

7.4. If mediation is unsuccessful, the dispute shall be finally settled by arbitration in {{city}}, {{country}}, in accordance with the rules of {{arbitration_institution}}.

8. Entire Agreement

This Agreement, including Appendix A, 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.

9. Signatures

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

For and on behalf of {{hosting_company_name}}:

_____________________________

Name: {{host_authorized_signatory_name}}

Title: {{host_authorized_signatory_title}}

Date: {{host_signature_date}}

For and on behalf of {{client_company_name}}:

_____________________________

Name: {{client_authorized_signatory_name}}

Title: {{client_authorized_signatory_title}}

Date: {{client_signature_date}}

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