Hosting Agreement

Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

HOSTING AGREEMENT

This Hosting Agreement ("Agreement") is entered into on this {{date}} day of {{month}}, {{year}}, by and between:

{{company_name}}, a company duly incorporated under the laws of {{jurisdiction}}, with its principal place of business at {{company_address}} (hereinafter referred to as "Host"), and

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

Host and Client are individual referred to as "Party" and collectively as "Parties".

1. Services Provided

1.1. Host agrees to provide the Client with hosting services for the Client's website/application, including but not limited to server space, bandwidth, and technical support, as detailed in Schedule A attached hereto.

1.2. The services shall be provided in accordance with the service level agreement (SLA) appended as Schedule B.

2. Term and Termination

2.1. This Agreement shall commence on {{start_date}} and shall continue for an initial term of {{initial_term_months}} months, unless terminated earlier in accordance with the provisions of this Agreement.

2.2. Either Party may terminate this Agreement by providing {{notice_period_days}} days' written notice to the other Party.

2.3. Host may terminate this Agreement immediately if the Client breaches any material term of this Agreement and fails to cure such breach within {{cure_period_days}} days of receiving written notice.

3. Fees and Payment

3.1. The Client shall pay the Host a monthly fee of {{monthly_fee_currency}} {{monthly_fee_amount}} for the services provided. All fees are exclusive of VAT.

3.2. Invoices shall be issued on the {{invoice_day}} day of each month and shall be payable within {{payment_terms_days}} days of the invoice date.

3.3. Late payments may incur an interest charge of {{late_payment_interest_rate}}% per annum.

4. Client Obligations

4.1. The Client shall ensure that all content hosted on the Host's servers complies with all applicable laws and regulations.

4.2. The Client shall not use the hosting services for any illegal or unauthorised purposes, including but not limited to the distribution of malicious software, spamming, or phishing.

4.3. The Client is responsible for maintaining the security of their applications and data, including implementing appropriate backups.

5. Host's Warranties and Disclaimers

5.1. Host warrants that the services will be performed in a professional and workmanlike manner.

5.2. Host does not warrant that the services will be uninterrupted or error-free.

5.3. Except as expressly provided in this Agreement, Host disclaims all warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

6. Indemnification

6.1. The Client agrees to indemnify and hold harmless the Host, its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with the Client's use of the hosting services, violation of this Agreement, or infringement of any third-party rights.

6.2. The Host agrees to indemnify and hold harmless the Client from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with the Host's gross negligence or wilful misconduct in the provision of the hosting services.

7. Limitation of Liability

7.1. In no event shall either Party be liable 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.

7.2. The total liability of the Host under this Agreement shall not exceed the total fees paid by the Client to the Host during the {{liability_cap_months}} months immediately preceding the event giving rise to the claim.

8. Governing Law and Dispute Resolution

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

8.2. Any dispute, controversy, or claim arising out of or in connection with this Agreement, including its existence, validity, or termination, shall be resolved through good faith negotiations between the Parties.

8.3. If the Parties are unable to resolve the dispute through negotiations within {{negotiation_period_days}} days, the dispute shall be submitted to arbitration in {{arbitration_location}} in accordance with the rules of the {{arbitration_body}}.

9. Entire Agreement

9.1. This Agreement, together with its Schedules, constitutes the entire agreement between the Parties and supersedes all prior agreements, representations, and understandings, whether written or oral, relating to the subject matter hereof.

9.2. Any amendment or modification to this Agreement must be in writing and signed by authorised representatives of both Parties.

Signature Block

Agreed and Accepted by:

For and on behalf of {{company_name}} (Host)

Name: {{host_signatory_name}}

Title: {{host_signatory_title}}

Signature: _______________________

Date: {{signature_date}}

For and on behalf of {{client_company_name}} (Client)

Name: {{client_signatory_name}}

Title: {{client_signatory_title}}

Signature: _______________________

Date: {{signature_date}}