Web Site Hosting Agreement

{{company_name}}

{{company_address}}

Phone: {{phone}} | Email: {{email}} | Web: {{website}}

Web Site Hosting Agreement

Web Site Hosting Agreement

{{company_name}} {{company_address}} Phone: {{phone}} Email: {{email}} Website: {{website}}

Web Site Hosting Agreement

This Web Site Hosting Agreement ("Agreement") is entered into as of {{date}} ("Effective Date"), by and between:

Provider: {{hosting_provider_name}}, with its principal place of business at {{hosting_provider_address}} ("Provider").

Client: {{client_company_name}}, with its principal place of business at {{client_company_address}} ("Client").

Collectively, Provider and Client may be referred to as "Parties" and individually as "Party".

1. Services Provided

Provider agrees to provide web hosting services to the Client ("Services") as detailed in Schedule A (attached hereto and incorporated by reference). These Services may include, but are not limited to, server space, bandwidth, email accounts, and database support.

Provider will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for scheduled maintenance or events beyond Provider's reasonable control.

Provider reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, in which case Provider will provide Client with reasonable advance notice where possible.

2. Fees and Payment

Client agrees to pay Provider the fees for the Services as set forth in Schedule B (attached hereto and incorporated by reference). All fees are exclusive of any applicable taxes, which shall be borne by the Client.

Invoices will be issued {{billing_cycle}} and are due within {{payment_due_days}} days of the invoice date. Payments shall be made in {{currency}} to the account specified by the Provider.

Provider reserves the right to suspend or terminate the Services if payment is not received within {{grace_period_days}} days of the due date.

A late payment fee of {{late_fee_percentage}}% per month or the maximum amount permitted by law, whichever is lower, may be applied to overdue amounts.

3. Client Responsibilities

Client agrees to provide all necessary content and data for the website in a timely manner.

Client is solely responsible for the content of their website and ensuring it complies with all applicable laws and regulations.

Client agrees not to use the Services for any illegal, infringing, or unethical activities, including but not limited to the distribution of malware, spamming, or hosting of copyrighted material without permission.

Client shall maintain appropriate backups of their website data. While Provider may offer backup services, these are not guaranteed, and clients should not solely rely on them.

Client shall provide Provider with accurate and up-to-date contact information.

4. Term and Termination

This Agreement shall commence on the Effective Date and continue for an initial term of {{initial_term_months}} months/years ("Initial Term").

Thereafter, this Agreement shall automatically renew for successive {{renewal_term_months}} month/year periods ("Renewal Term") 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 materially breaches any of its obligations hereunder and fails to cure such breach within {{cure_period_days}} days of receiving written notice thereof.

Provider may terminate this Agreement immediately if Client's website is found to be engaged in illegal activities without a cure period.

5. Warranties and Disclaimers

Provider warrants that it will provide the Services in a professional and workmanlike manner. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROVIDER BE LIABLE TO CLIENT 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 (i) CLIENT'S ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; OR (iii) UNAUTHORISED ACCESS, USE, OR ALTERATION OF CLIENT'S TRANSMISSIONS OR CONTENT.

PROVIDER'S TOTAL AGGREGATE LIABILITY TO CLIENT FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT TO PROVIDER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

7. Indemnification

Client agrees to indemnify, defend, and hold harmless Provider, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) Client’s access to or use of the Services; (ii) Client’s violation of this Agreement; (iii) Client’s infringement of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that Client’s content caused damage to a third party.

8. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of {{country_name}}, without regard to its conflict of law principles.

Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in accordance with the rules of {{arbitration_body}}.

9. General Provisions

9.1 Entire Agreement: This Agreement, together with its Schedules, constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

9.2 Amendments: No amendment to this Agreement shall be effective unless it is in writing and signed by both Parties.

9.3 Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

9.4 Waiver: The failure of either Party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

9.5 Assignment: Neither Party may assign or transfer this Agreement, in whole or in part, without the prior written consent of the other Party, except that Provider may assign this Agreement to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets.

9.6 Force Majeure: Neither Party shall be liable for any delay or failure in performance of its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

10. Signature Block

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

_____________________________ PROVIDER SIGNATURE

Name: {{provider_signatory_name}}

Title: {{provider_signatory_title}}

Date: _____________________________

_____________________________ CLIENT SIGNATURE

Name: {{client_signatory_name}}

Title: {{client_signatory_title}}

Date: _____________________________