Legal Contract Templates Web Site Hosting Reseller Short Form Contract

How to write my 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

How to write my Contract Dissolution Agreement document (alternate or related contract document)

PROJECT CANCELLATION AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Consultants and company name Customer Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Consultants hereby agree to cancel any and all work projects or labor as follows. 1. Cancellation of Services. Consultants shall cease any and all computer consulting services described below the Services or Work Product as well as any additional services that Customer has requested. Services include but are not limited to.

a Enter Service or Work Product Description here b Enter Service or Work Product Description here c Enter Service or Work Product Description here d Enter Service or Work Product Description here 2. Termination Obligations.

Upon termination of this Agreement Consultants shall transfer and make available to Customer all property and materials in Consultants possession or subject to Consultants control that are the rightful property of Customer. The Consultant shall make every reasonable effort to secure all written or descriptive matter which pertains to the Services or Work Product and agrees to provide reasonable cooperation to arrange for the transfer of all property contracts agreements supplies and other third party interests including those not then utilized and all rights and claims thereto and therein. In the event of loss or destruction of any such material or descriptive matter Consultants shall immediately notify Customer of the details of the loss or destruction in writing and provide the necessary information for loss statement or other documentation to Customer. 3. Ownership Rights. The Consultant shall have ownership to all Consultants Materials. Consultants Material consists of all copyrightable. a Materials that do not constitute Services or Work Product as defined in Sect Services and Exhibit Specifications b Materials that are solely owned by Consultants or licensed to Consultants. c Materials that are incorporated into the Work Product or part of the Services. Additional material shall include but are not limited to. Insert details about additional material here.

Consultant shall hold all right title and interest in and to Consultants Material. Customer shall not do anything that may infringe upon or in any way undermine Consultants right title and interest in the Consultants Material as described in this paragraph 4. Notwithstanding the above Consultant hereby grants Customer an unrestricted nonexclusive perpetual fully paid up worldwide license for the use or for the sublicense of the use of Consultants Material for the purpose of Insert purpose materials will be used for here. 4. Outstanding Final Compensation and Hold Harmless Agreements. For all of Consultants services rendered to Customer under any Previous Agreement Customer shall compensate Consultants in cash pursuant to the terms of Exhibit attached hereto. By accepting the terms of this offer and signing in the space provided below you hereby release and forever discharge and hold Customer its successors employers employees agents officers directors shareholders affiliates and insurers harmless of all claims suits or liability directly or indirectly related to your employment retainment of services or the termination of such services and specifically and without limitation any claims to pay in lieu of notice wrongful dismissal severance vacation bonus or overtime pay. This release includes but is not limited to all contract and tort claims between Customer and Consultants concerning Customers right to terminate its employees contractors and vendor agreements and claims or rights under local state and federal laws prohibiting employment discrimination. By signing below you agree that these terms represent full and final settlement of any and all claims you have arising out of your employment or contract employment by Customer. 5. Mutual Confidentiality. Customer and Consultants acknowledge and agree that the Specifications and all other documents and information related to the performance production creation or any expression of the services or work product are the property of Customer. Materials provided between Consultants and Customer the Confidential Information including but not limited to documentation product specifications drawings pictures photographs charts correspondence supplier lists financial reports analyses and other furnished property shall be the exclusive property of the respected owner the Owning Party and will constitute valuable trade secrets. Both parties shall continue to keep the Confidential Information in confidence and shall not at any time during or after the term of this Agreement without prior written consent from the owning party disclose or otherwise make available to anyone either directly or indirectly all or any part of the Confidential Information. Excluded from the Confidential Information definition is anything that can be seen by the public or had been previously made available by the owning party in public venue. 6. Equipment and Expenses. If Customer has made available to Consultants for Consultants use in performing the services for Customer such items of hardware and software as Customer and Consultants may agree are reasonably necessary for such purpose Consultants are obligated to return all Customer property currently in their possession at time and place of Customers choice.

The following equipment and or services have been made available to Consultants and are hereby required to be return to Customer. a Insert Equipment or Services description here b Insert Equipment or Services description here c Insert Equipment or Services description here 7. Expenses. Consultants will not be reimbursed for any expenses incurred in connection with the Services or Work Product whether direct or indirect without the express written approval of Customer. 8. General Provisions. 8 Entire Agreement.

This Agreement contains the entire Agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings written or oral between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto. 8 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. 8 Binding Effect. This Agreement shall be binding upon and inure to the benefit of Customer and Consultants and their respective successors and assigns provided that Consultants may not assign any of his obligations under this Agreement without Customers prior written consent. 8 Waiver. The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect limit or waive such partys right thereafter to enforce and compel strict compliance with every term and condition of this Agreement. 8 Good Faith.

Each party represents and warrants to the other that such party has acted in good faith and agrees to continue to so act in the negotiation execution delivery performance and any termination of this Agreement. 8 No Right to Assign. Consultants have no right to assign sell modify or otherwise alter this Agreement except upon the express written advance approval of Customer which consent can be withheld for any reason. Customer may freely assign its rights and obligations under this Agreement. 8 Attorneys Fees. In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement the prevailing party shall be entitled to recover its actual attorneys fees and costs including expert witness fees. 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 Customer Initials Consultant Initials

How do you write a Email Hosting (Shared Server) Contract document? (alternate or related contract document)

EMAIL HOSTING AGREEMENT SHARED SERVER 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 contract arrangement under which Company will provide Email Hosting services Shared Email Hosting Services on behalf of Customer. Agreements In consideration of the mutual covenants set forth in this Agreement Company and Customer hereby agree as follows.

1. Terms. Subject to the terms and conditions of this Agreement Company will provide Shared Email 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 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. d Type of Service.

This service agreement provides shared email server using Insert Mail Server Type Description and includes Web Mail email accounts are accessible through web browser as well as POP SMTP or IMAP protocols for sending and receiving email from desktop email client. Customer will share server space with other domains and not have an exclusive right or reservation of the resources and or disk space that the server may have available to it. e Limitations of Service. Company is not responsible for training Customer or Customers employees on the use of their respective email clients. Company is not responsible for troubleshooting email problems not directly related to the Shared Email Hosting Services and the Companys equipment facilities or servers. Company is not responsible for maintaining and renewing Customers domain name MX records or other DNS related functions if Customers domain name is not hosted by the Company. Company is not responsible for Customers domain being listed on any third party blacklist or suppression list not under Companys direct control.

Company is not responsible for troubleshooting or correcting any problem with Customer being able to send or receive email to or from third party due to blacklists suppression lists third party software or firewalls network security settings or any other factor not directly under Companys control. 2. End User Pricing and Shared Email Hosting Services Compensation. End user pricing and Shared Email Hosting Services compensation is outlined on Exhibit attached and is subject to change at the sole discretion of Company. 2 Excessive Use of Services. Company may impose an additional charge or restriction of services at any time that Customers use of the Shared Email Hosting Services imposes considerable effect on Company resources or system performance. Company shall have sole discretion as to what constitutes excessive use and what activity is considered violation of either the Company Acceptable Use Policy or level of service that the Customer is currently using. Company is responsible for monitoring such excessive use for the account as whole and has no responsibility to identify Customers individual end user employee or other agent who may or may not be responsible for the excessive use of services.

3. Terms of Payment. 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 days upon receipt of invoice. We reserve the right to revoke any credit extended if payment is in arrears for more than days. 4. Proprietary Information. Proprietary information exchanged here under 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. Company will exercise no control whatsoever over the content of the information passing through the network email or web site. 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.

6 Shared Email Hosting Services Disclaimer. Company is not responsible for the actions of other Customers it may place on the Shared Email Hosting Services server or any other resource that the Customer may use. Company will make every effort to ensure that all Customers abide by the Company Acceptable Use Policy AUP and will periodically review Customer activity in order to ensure compliancy with the AUP. 6 Antivirus Trojan and Malicious Code Disclaimer. Company email servers make use of enterprise class antivirus software in order to protect the server and detect virus infected email messages. Infected email messages will be handled per Company policy and preferences prior to the customer receiving the messages. Additional antivirus options are available and the Customer may configure these options for inbound and outbound email antivirus scanning in their Shared Email Hosting Services control panel. Due to the nature of virus trojan and other malicious code dangers Company makes no warranty that these features will detect delete or otherwise protect Customer from these dangers. Customer is responsible for implementing their own internal policies and procedures for opening potentially dangerous attachments and is encouraged to install antivirus software on all access points or computers using Company Shared Email Hosting Services. 7. Trademarks and Copyrighted Material. Customer warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service. 8. Transfer of Agreement. 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 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 this Agreement or the Acceptable Use Policy upon receipt of written notice from Company of said failure appointment of receiver or upon the filing of any application by Customer seeking relief from creditors upon mutual agreement in writing of Company and Customer. 9. 1. Account Deactivation Termination or Cancellation. Upon account deactivation termination or deletion all stored files logs email messages attachments address book entries mailing lists or other data stored on Company servers will be immediately deleted immediately. Company has no obligation or responsibility to store Customers data after Customers account has been deactivated or terminated. 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 shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. 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. 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 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 Customer Initials Company Initials