{{company_name}}
{{company_address}}
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{{email}}
{{website}}
WEB SITE HOSTING AGREEMENT
This Web Site Hosting Agreement ("Agreement") is entered into as of {{date}}, by and between {{hosting_provider_company_name}}, a company duly registered under the laws of {{jurisdiction_provider}}, with its principal place of business at {{hosting_provider_address}} ("Host"), and {{client_company_name}}, a company duly registered under the laws of {{jurisdiction_client}}, with its principal place of business at {{client_address}} ("Client").
1. Services Provided
1.1. Host agrees to provide web hosting services to the Client as specified in Appendix A (Hosting Package Details) attached hereto and incorporated by reference.
1.2. Services include, but are not limited to, server space, bandwidth, email accounts, and technical support as per the selected hosting package.
1.3. Host will use commercially reasonable efforts to ensure that the Client's website is available 99.9% of the time, excluding scheduled maintenance and unforeseen circumstances beyond Host's control.
2. Term and Termination
2.1. This Agreement shall commence on {{start_date}} and shall continue for an initial term of {{initial_term_length}} (e.g., twelve (12) months) ("Initial Term"), unless terminated earlier as provided herein.
2.2. Following the Initial Term, this Agreement shall automatically renew for successive renewal terms of {{renewal_term_length}} each, unless either party provides written notice of non-renewal at least {{notice_period_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 breaches any material term or condition of this Agreement and fails to cure such breach within {{cure_period_days}} days after receiving written notice thereof.
3. Fees and Payment
3.1. Client agrees to pay Host the fees for the services as set out in Appendix A (Hosting Package Details).
3.2. All fees are due and payable in advance on a {{payment_frequency}} basis (e.g., monthly, annually). Invoices will be issued {{invoice_issue_date}}.
3.3. Payments shall be made by {{payment_method}}. Late payments may incur a late fee of {{late_fee_percentage}}% per month or the maximum amount permitted by law, whichever is less.
3.4. Host reserves the right to suspend or terminate services for non-payment of fees. Reinstatement of services will be subject to payment of all outstanding fees plus any applicable reinstatement charges.
4. Client Responsibilities
4.1. Client is responsible for providing all content for their website.
4.2. Client agrees to use the hosting services in a manner consistent with all applicable laws and regulations and in accordance with Host's Acceptable Use Policy (AUP), attached as Appendix B.
4.3. Client is responsible for maintaining the security of their login credentials and for all activities that occur under their account.
4.4. Client agrees not to upload, post, or transmit any illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable content.
5. Limitation of Liability and Indemnification
5.1. Host shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Host has been advised of the possibility of such damages), resulting from the use or the inability to use the service.
5.2. Client agrees to indemnify, defend, and hold harmless Host, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with Client's use of the services, violation of this Agreement, or infringement of any third-party rights.
6. Governing Law and Dispute Resolution
6.1. This Agreement shall be governed by and construed in accordance with the laws of {{jurisdiction_governing_law}}.
6.2. Any dispute, controversy, or claim arising out of or relating to this Agreement, including the breach, termination, or validity thereof, shall be resolved through good faith negotiations between the parties. If the parties are unable to resolve the dispute within {{negotiation_period_days}} days, the dispute shall be submitted to mediation in accordance with the rules of {{mediation_body}}.
6.3. If mediation is unsuccessful, the dispute shall be finally settled by arbitration administered by {{arbitration_body}} in accordance with its Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The seat of the arbitration shall be {{arbitration_location}}.
7. General Provisions
7.1. Entire Agreement: This Agreement, including all appendices, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.
7.2. Amendments: No amendment to this Agreement shall be effective unless in writing and signed by both parties.
7.3. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
7.4. Waiver: The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or the right to enforce it thereafter.
7.5. Notices: All notices hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or by email with confirmation of receipt, to the addresses set forth at the beginning of this Agreement.
Signatures
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
HOSTING PROVIDER:
_____________________________
Name: {{hosting_provider_signatory_name}}
Title: {{hosting_provider_signatory_title}}
CLIENT:
_____________________________
Name: {{client_signatory_name}}
Title: {{client_signatory_title}}
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