Web Site Hosting Reseller Short Form Contract

This legal agreement establishes a reseller hosting relationship between a Provider and a VAR as independent contractors, granting rights expressly granted to resell web hosting and e-mail services. The services are provided as is and as available, with no guaranteed uptime. The Provider commits to reasonable measures but disclaims liability for such damages beyond fees paid.

Customers remain responsible for data protection, daily backups, and other data residing on server space and disk space. Use of the services must be lawful and in accordance with applicable rules and regulations. Typical offerings a reseller may package under hosting plans include reseller accounts, domain names and domain name registration, IP addresses and IP numbers, domain name system settings, control panel access (for example, cPanel), SSL certificates, and, under a separate agreement, certain services such as virtual private server or dedicated servers and additional services.

The VAR sells in its own name and does not create a joint venture or partnership with the Provider. As a legal entity, the reseller acts at full responsibility for marketing, branding, and service marks and must not misrepresent features or pricing to any other party. End user pricing and VAR compensation follow payment terms set by the Provider and may be subject to such changes at the Provider's absolute discretion.

Terms include COD or net 10 upon invoice; credit may be revoked if in arrears. Resellers should review the agreement carefully before they create offers or sell other services tied to websites or a small business website.

Confidential information exchanged by the parties hereto, including but not limited to source code, know-how, and trade secrets, must not be disclosed. The receiving party may not reverse engineer or derive source code unless expressly permitted. Any such confidential information from the disclosing party should be protected, and any disclosure should occur only under a protective order or with written consent. Intellectual property and intellectual property rights remain with the Provider, and independently developed materials are excluded.

The term is twelve months and auto-renews unless the VAR gives 30 days' notice. The Provider may immediately terminate in such a case of failure to comply after such notice, or upon insolvency events. A force majeure clause excuses non-performance due to causes beyond control.

The governing law clause states that disputes go to a competent jurisdiction, and the prevailing party is entitled to fees. Severability ensures that any invalid provision hereof does not affect the rest of the legal agreement. This constitutes the entire agreement and supersedes prior agreements concerning the subject matter hereof.

Resellers should also consider data processing and privacy laws when handling personal data and account information, including compliance with the General Data Protection Regulation, the Health Insurance Portability and Accountability Act, and Payment Card Industry standards, especially when using third-party software or involving third parties in processing or technical support. Ensure communications by e-mail and other channels remain accurate, lawful, and secure, and avoid prohibited activities such as spam.

Use cases include an agency bundling hosting plans and domain names for a small business website, an MSP offering VPS capacity under a separate agreement, or a designer reselling SSL certificates and additional services with defined order form terms and additional fees.

Proposal Kit helps businesses assemble such a hosting agreement and related documents efficiently. Its document assembly, automated line-item quoting, AI Writer for supporting documents, and extensive template library make it easier to implement consistent language, adapt additional terms, and maintain ease of use across your service agreement portfolio.

Beyond the basics, this kind of reseller arrangement benefits firms that need to establish operations quickly while keeping full control over branding and customer contact. After acceptance of the services ordered, a Provider may provision services immediately and send an email notification, while the reseller manages account setup, storage allocations, bandwidth, and security. Parties acknowledge that capitalized terms and other terms set forth in the current version of the agreement govern the operation of the relationship for the current term and then for the current term.

In practice, parties agree that consent required under such provision should not be unreasonably withheld, that approvals are exercisable solely by such party with proper authority, and that any modifications to such information or such content occur by written request within a specified number of business days. If there is a default or violation, termination and remedies can follow, and a party entitled to enforce the agreement may pursue legal action in court to defend its rights.

Resellers should incorporate acceptable use rules that address unauthorized use, illegal posting, advertising abuses, BitTorrent trackers, and other activities that could violate network integrity or trademarks and lead to infringement claims. A sound plan will identify duties to monitor a reasonable level of uptime, manage downtime communications, and maintain backup practices to support infrastructure stability. Include a disclaimer limiting consequential, incidental, and indirect damages to the extent permitted by law, and clarify taxes, interest on late payments, and whether rights are non-transferable except to permitted assigns.

The confidentiality clause should prohibit a receiving party from attempting to disclose confidential information or other trade secrets, and the disclosing party should be able to seek a protective remedy if such failure occurs. The parties hereto should also address affiliates, sub-resellers, and whether third-party beneficiaries are intended or shall be deemed excluded. When identity, records, and electronic transactions are incorporated into your workflow, communicate clear additional policies and other policies related to using the services if the Provider must hold harmless the reseller, or vice versa, set forth the extent of that obligation and any notice and cure periods measured in business days.

Proposal Kit helps teams write and manage a hosting reseller contract with clarity. Its document assembly supports consistent capitalized terms, links related order forms, and integrates additional policies. The AI Writer can build a coherent introduction, plan language, and more resources for related agreements, helping you create valid, relevant documents that address acceptance, termination, and managing operations without slowing down your course of business.

Further clarity helps resellers operate with confidence. Acceptance by a duly authorized person means the parties collectively agree to be bound by the obligations hereunder, and transactions entered via order forms or email constitute assent to the then-applicable terms expressly provided. If force majeure creates such a delay, performance may resume at such time as circumstances permit, without requiring substitute goods.

Resellers should remain in good standing on payments; the Provider may modify pricing or terms by notice, and updates may be incorporated by reference or by a link to the current version. Unless otherwise stated, rights not expressly provided remain the Provider's other right to control offerings, and the VAR should not assume duties beyond those set forth. Each party is liable only to the extent described for direct losses; the foregoing structure reflects the commercial intent to cap exposure and maintain the value of the relationship.

Operationally, the agreement's restriction on assignment means you cannot assign rights without consent, and you should cooperate in any proceeding and provide reasonable assistance and advice if a dispute arises. Severability preserves the validity of the remaining clauses, maintaining a stable relation between the parties. Branding and service displays should respect the Provider's standards; do not attempt to alter or modify terms unilaterally or misstate details.

In a national U. S. context, comply with internet norms and country laws, accept the possibility of service adjustments, and expect that specific demands for changes must follow the process. At every point, identify who is bound, what duties apply, and how notices and approvals will work in practice, so obligations are clear and the contract can deliver maximum benefit for both sides.

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

How to Build a Legal Contract with Proposal Kit

This video illustrates how to create a legal contract using the Proposal Pack Wizard software. It also shows how to create a proposal with an invoice and contract at the same time.