Legal Contract Templates How to Write the Web Site Hosting Reseller Short Form Contract

How do you write a Web Site Hosting Reseller Short Form Contract document?

WEB HOSTING AND EMAIL RESELLER AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name hereafter referred to as VAR or Reseller and company name hereafter referred to as Company or Provider The purpose of this Agreement hereafter referred to as the Agreement is to precede longer term contract arrangement under which company name will provide Reseller services on behalf of Company. Terms and Conditions As service the standard VAR Agreement with Company is provided below.

1. Right to Resell. Subject to the terms and conditions of this Agreement Company grants the VAR non exclusive right to resell its products and services to the VARs customers with the following Agreements. a Providers service will be provided on an as is as available basis. Further provider provides no warranty written expressed or implied for any web hosting or email services provided including without limitation warranty of the merchantability and warranty of fitness for particular purpose. This no warranty expressly includes any reimbursement for losses of income due to disruption of service by provider or its providers beyond the fees paid to provider for services. b VAR and VARs Customers VARs End Users will use the Web Hosting and Email services in manner consistent and compliant with any and all applicable laws of the State of state or province and the US Federal Government. c Use of any information obtained by way of provider is at VARs own risk and Provider specifically denies any responsibility for the accuracy or quality of information obtained though its services. Provider makes no warranty written expressed or implied of any guaranteed uptime or that the service will function at reliable level based on past performance.

d Provider is not responsible for any damages arising from VARs use of Provider or by VARs Customers inability to use the Web Hosting and Email services for any reason. e Provider shall make every reasonable effort to protect data stored on Customers Server Provider is not responsible for VAR or VARs Customers data files or directories residing on Providers equipment. Customer is solely responsible for maintaining data file and back ups. 2. Representation. The VAR shall maintain sales office for product promotion and is responsible for all costs incurred for the promotion and sale of Company products and services. The VAR shall conduct business in its own name and shall not represent itself as an employee or agent of Company. Prospects may be registered with Company and will be protected for days. This protection may be renewed at Company discretion for further days. 3. End User Pricing. End User pricing and VAR Compensation is outlined on Exhibit attached and is subject to change at the sole discretion of Company. VAR may set their end user pricing as they determine. Company is not responsible for misrepresentations inaccuracies errors of other pricing discrepancies made between the VAR and any prospective customers that the VAR may deal with. 4. Compensation.

Terms of payment are C. O. D. unless credit approval has been granted by Company. If credit approval has been granted credit terms are net upon receipt of invoice. We reserve the right to revoke any credit extended if payment is in arrears for more than days. VAR is solely responsible for all hosting and billing payments to Company. 5. Non Disclosure. Proprietary Information exchanged here forth shall be treated as such by the VAR and held in the strictest of confidence. This information shall include but not be limited to the provisions outlined in this Agreement product and services information pricing source code company practices methodology and procedures. The VAR further agrees to not distribute decompose disassemble decode or reverse engineer any Company program delivered to the VAR or any portion thereof without prior written approval of Company. 6. Transfer of Rights. The VAR may not assignor transfer this Agreement in whole or in part without the prior written consent of Company. In the event that the VAR contemplates whole or partial sale of its business ownership change or change in its jurisdiction the VAR shall notify Company by mail facsimile or email no less than days prior to the effective date of the event. 7. Term of Agreement.

The term of this Agreement is twelve months from the date of execution by Company. This Agreement shall be continuously renewed every twelve months unless the VAR notifies Company in writing thirty days prior to the expiration date. 8. Termination. Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events. failure to comply with any provisions of the Agreement upon receipt of written notice from Company of said failure appointment of Receiver or upon the filing of any application by the VAR seeking relief from creditors upon mutual agreement in writing of Company and VAR. 9. Disputes. If legal proceedings are commenced to resolve dispute arising out of or relating to this Agreement the prevailing party shall be entitled to recover all costs legal fees and expert witness fees as well as any costs or legal fees in connection with any appeals. 10. Indemnification.

The VAR shall indemnify and hold Company harmless from and against any and all claims judgments awards costs expenses damages and liabilities including reasonable attorney fees of whatsoever kind and nature that may be asserted granted or imposed against Company directly or indirectly arising from or in connection with VAR marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by the VAR. 11. Limited Warranty. Company warrants that the product will substantially perform the functions or generally conform to the specifications published by Company for the product. If it is determined that the product does not operate according to such documentation Companys only responsibility will be to use reasonable efforts consistent with industry standards to cure the defect. 12. Force Majeure. Neither party shall be held responsible for delay or failure in performance here under caused by acts of nature strikes embargoes fires war or other causes beyond their reasonable control. 13. Binding Effect. If any provision of this Agreement is held to be unenforceable the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement and any disputes arising here under shall be governed by the laws of state or province without regard to conflicts of laws principles. failure by any party to exercise or delay in exercising right or power conferred upon it in this Agreement shall not operate as waiver of any such right or power. Each party represents and warrants that on the date first written above they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their signature below.

EXECUTED as of the date first written above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed company name By signator authorized signature or signer.

Job title of signator authorized signature or signer. Date when the contact was signed Reseller Initials Company Initials

Writing the Web Site Dedicated Hosting Contract document (alternate or related contract document)

DEDICATED WEB HOSTING AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Company and company name Customer The purpose of this Agreement hereafter referred to as the Agreement is to set forth long term contract arrangement under which Company will provide Dedicated Web Hosting services on behalf of Customer. Definitions Dedicated shall mean single server or servers that Customer has exclusive use of. Shared Hosting shall mean single server or servers that Customer shares with other third parties. Services shall mean all actions support or work otherwise performed by Company under this Agreement. Server Type shall mean the Server Model Operating System Processor Speed Amount of Memory and all related information concerning the server. Bandwidth shall mean all metered or measured Internet traffic inbound or outbound from server.

Disk Space shall mean all physical hard drive space allocated under the Hosting Specifications. Service Level shall mean the agreed upon plan that outlines the amount of ongoing and routine maintenance upgrades patches monitoring or other support for the server. Support Level shall mean the agreed upon plan that outlines the amount of help and assistance Company provides to Customer. Hosting Specifications shall mean the document that specifies the amount of bandwidth disk space memory connectivity service level support level and server type. Required Resources shall mean all disk space software hardware or services directly affecting or required for providing Dedicated Web Hosting services and set aside or subtracted from any amounts listed under Hosting Specifications. Available Resources shall mean the sum total of Required Resources deducted from the Hosting Specifications.

Customers Users shall mean all individuals agents vendors customers or other third parties that Customer grants access to Company resources. Acceptable Use Policy shall mean the Terms and Conditions that Customer and any of Customers Users must abide by. Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Company hereby agree as follows. As service the standard Dedicated Web Hosting Agreement with Company is provided below. 1. Service. Subject to the terms and conditions of this Agreement Company will provide Dedicated Web Hosting services for Customer subject to the following terms. a Length of service. Customer agrees to an initial six month or twelve month contractual term of service Term The length of contract required is based on the type of service desired by Customer and shall be determined solely by Company.

b Service start date. The first payment plus setup charges if any shall be due in advance of any service provided. Service shall begin upon Company receipt of payment for such first Term of service or upon mutually agreed upon alternate date. c Renewal by Customer. This Agreement will automatically renew for successive six or twelve month Terms unless canceled in writing by Customer at least thirty days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Customer indicates agreement to any Contract revisions and price changes. Renewal fees for the following Term will be automatically invoiced to Customers account. 2. Compensation. End User Pricing and Web Hosting Compensation is outlined on Exhibit attached and is subject to change at the sole discretion of Company.

3. Payment. Terms of payment are C. O. D. unless Company has granted credit approval. If credit approval has been granted credit terms are net ten days upon receipt of invoice. Company reserves the right to revoke any credit extended if payment is in arrears for more than thirty days. 4. Proprietary information. Proprietary information exchanged hereunder shall be treated as such by Customer. This information shall include but not be limited to the provisions of this Agreement product and services information and pricing. Customer further agrees to not decompose disassemble decode or reverse engineer any Company program code or technology delivered to Customer or any portion thereof. 5. Censorship of data.

Company will exercise no control whatsoever over the content of the information passing through the network email or web site. Customer agrees to abide by Companys Acceptable Use Policy AUP attached hereafter as Exhibit and to make Companys AUP available to all of Customers Users and to take full responsibility for Customers Users use of the services provided to Customer by Company. 6. Warranties. Company makes no warranties or representations of any kind whether expressed or implied for the service it is providing. Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Customer including loss of data resulting from delays non deliveries or service interruptions by any cause or errors or omissions of Customer. Use of any information obtained by way of Company is at Customers own risk and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end to end connection. Company does not represent guarantees of speed or availability of end to end connections. Company expressly limits its damages to Customer for any non accessibility time or other down time to the pro rata monthly charge during the system unavailability. Company specifically denies any responsibilities for any damages arising as consequence of such unavailability. 7. Trademarks and copyrights. Customer warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service. 8. Transfer. Customer may not assign or transfer this Agreement in whole or in part without the prior written consent of Company. In the event that Customer contemplates whole or partial sale of its business ownership change or change in jurisdiction Customer shall notify Company by mail facsimile or email no less than sixty days prior to the effective date of the event.

9. Termination. Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events. failure to comply with any provisions of the Agreement upon receipt of written notice from Company of said failure appointment of Receiver or the filing of any application by Customer seeking relief from creditors mutual agreement in writing by Company and Customer. 10. Disputes. If legal proceedings are commenced to resolve dispute arising out of or relating to this Agreement the prevailing party shall be entitled to recover all costs legal fees and expert witness fees as well as any costs or legal fees in connection with any appeals. 11. Indemnification. Customer shall indemnify and hold Company harmless from and against any and all claims judgments awards costs expenses damages and liabilities including reasonable attorney fees of whatsoever kind and nature that may be asserted granted or imposed against Company directly or indirectly arising from or in connection with Customers marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Customer. 12. General. If any provision of this Agreement is held to be unenforceable the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement and any disputes arising hereunder shall be governed by the laws of state or province State. failure by any party to exercise or to delay exercising right or power conferred upon it in this Agreement shall not operate as waiver of any such right or power. The parties represent and warrant that on the date first written above they are authorized to enter into this Agreement in its entirety and duly bind their respective principals by their signatures below.

EXECUTED as of the date first written above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed

Customer Initials Company Initials

Writing the Managed Hosting Service Level Agreement document (alternate or related contract document)

MANAGED WEB HOSTING SERVICE LEVEL AGREEMENT SLA THIS AGREEMENT is made this current day day of current month current year by and between company name Company and company name Customer The purpose of this Agreement hereafter referred to as the Agreement is to set forth detailed Service Level Agreement SLA under which Company will provide service to company name in order to ensure the reliability and stability of all Web Hosting Services covered under this SLA. Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Company hereby agree as follows. As service the standard Managed Hosting Service Level Agreement SLA with the Company is provided below. 1. Network Availability and Uptime.

company name guarantees that its Network and Connectivity shall be made available at all times. This 100% guarantee covers the availability of all Internet switches peering cabling hubs routers DNS servers load balancers centralized servers network appliances backup and storage devices management consoles gateways and other equipment now or in the future deemed as requirement for connecting to the Internet and providing Companys services to Customer. 2. Infrastructure Availability and Uptime. company name guarantees that its Infrastructure shall be made available at all times. This 100% guarantee covers the availability of all power requirements components HVAC fire suppression security systems UPS PDU appliances power cabling phone systems and other infrastructure or equipment now or in the future deemed as requirement for maintaining the network infrastructure and providing Companys services to Customer. This infrastructure availability and uptime guarantee shall not extend to individual computer power supplies or computers or servers that are shut down due to excessive heat problems. 3. Uptime Guarantee and Customer Credits. In the even that Customer suffers any downtime or lack of network or infrastructure availability the Customer shall receive credit on their account subject to the table below. All requests for credit must be made within ten days from the occurrence of the downtime and must be made in writing via support ticket. All credit requests must be verified by Company staff and credits may take up to thirty days to show up on Customers bill. Company reserves the right to revoke any credit for downtime issued that is later discovered to have been be caused or attributed to Customer activity or external forces not related to Company network or hardware. AVAILABILITY CREDIT 95% 99. 9% 25% 90% 94. 9 50% Under 90% 100%

4. Minutes Minute Hardware Replacement Guarantee. Company warrants and guarantees that in the event of critical component failure Company shall replace such components at no cost to the Customer within Minutes minutes of Acknowledgement of the failure. Acknowledgement shall be defined as the creation of support ticket for the customer by the Company concerning the critical failure and the Minutes Minute Hardware Replacement Guarantee shall begin at this time. Critical components shall be defined as one as one or more of the following components. CPU Processors Memory RAM Motherboards Network Interface Cards NIC Cards Hard Drives Secondary Hard Drives and Disks or any other required equipment. This SLA does not cover any special equipment that the Customer is using that the Company does not stock replacements for. This includes specialized storage devices load balancers and networking equipment optical drives software and operating systems. Failure on the part of the Company to replace critical components within Minutes minutes shall result in Insert Amount of Applied Credit credit applied to the Customers account. All requests for credit must be made within ten days from the occurrence of the critical component failure and must be made in writing via support ticket. All credit requests must be verified by Company staff and credits may take up to thirty days to show up on Customers bill. 5. Limitations on Company Hardware Replacement Guarantee. Companys Hardware Replacement Guarantee shall cover the time spent to replace critical components after the acknowledgement by both the Company and the Customer that the critical component is the cause of the problem or downtime and replacement is the agreed upon course of action. This guarantee does not cover any time spent restoring any operating environment or restoring the functionality of particular server or server environment including but not limited to. rebuilding data or domains rebuilding control panels or server consoles digital certificates CRON jobs installing operating systems or virtualization software software components RAID arrays or any part of any configuration or setup concerning equipment provided to Company by Customer. Company is not responsible for any third party loss due or attributed to any downtime suffered by Customer under this agreement. 6. Support Packages. Insert the types of support you offer. Typically this is standard free and professional paid tier. Add definitions for these levels and what can be expected. Support Response Times The following is guide to the estimated times Customer should expect for different support requests made via phone or through the support ticket system.

* Emergency Reboot or Restart. to minutes * High Priority Requests. hours * Medium Priority Requests. hours * Low Priority Requests. hours Company cannot provide support at no cost for every problem that Customer may encounter or create while using our services. Support issues not covered under Customers individual plan may be billed at an hourly rate of hourly rate per hour incident. Company is committed to help Customer to resolve any trouble or issues requiring Company help or expertise. At no time will Company bill for support without prior notification and approval by Customer.

7. Transfer. Customer may not assign or transfer this SLA Agreement in whole or in part without the prior written consent of Company. In the event that Customer contemplates whole or partial sale of its business ownership change or change in jurisdiction Customer shall notify Company by mail facsimile or email no less than sixty days prior to the effective date of the event. 8. Termination. Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events. failure to comply with any provisions of the SLA Agreement upon receipt of written notice to Customer from Company of said failure appointment of Receiver or the filing of any application by Customer seeking relief from creditors or mutual agreement in writing by Company and Customer. 9. Disputes. If legal proceedings are commenced to resolve dispute arising out of or relating to this SLA Agreement the prevailing party shall be entitled to recover all costs legal fees and expert witness fees as well as any costs or legal fees in connection with any appeals. 10. Indemnification. Customer shall indemnify and hold Company harmless from and against any and all claims judgments awards costs expenses damages and liabilities including reasonable attorney fees of whatsoever kind and nature that may be asserted granted or imposed against Company directly or indirectly arising from or in connection with Customers marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this SLA Agreement by Customer. 11. General.

If any provision of this Agreement is held to be unenforceable the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement and any disputes arising hereunder shall be governed by the laws of state or province State. failure by any party to exercise or to delay exercising right or power conferred upon it in this Agreement shall not operate as waiver of any such right or power. The parties represent and warrant that on the date first written above they are authorized to enter into this Agreement in its entirety and duly bind their respective principals by their signatures below. EXECUTED as of the date first written above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed

Customer Initials