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The Email Hosting (Shared Server) contract is used for offering email services to your customers. Covers issues such as excessive use and charges, antivirus warranty, no black list warranty, shared server disclaimers, and more.
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Email Hosting (Shared Server) Contract
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How to write my Email Hosting (Shared Server) 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

Writing the Colocation Hosting Short Form Contract document (alternate or related contract document)

company name DATA CENTER SERVICES AND RESOURCES AGREEMENT Customer. Agreement Number. WorkOrder Primary Contact Billing Contact Phone Phone Fax Fax Mobile Pager Mobile Pager Email Email Customer Physical Address Customer Billing Address TERM. Term is for months. Term Start Date Billing Terms. Net Billing Frequency. Monthly Quarterly Yearly COLOCATION SPACE PROVIDED. circle one Full Cabinet Note Attach additional space requirements as an addendum to this agreement. Note. Customer may request to increase or upgrade their space at any time during the term subject to available space bandwidth and data center capacity. company name Services Service Provided Monthly Fee Total Quantity Total Monthly Setup

Fee Service Subtotals NOTE All bandwidth fees are based upon usage using Total Transfer Bandwidth Measurements. Total Transfer for this agreement shall be based upon. Choose One Inbound Traffic Outbound Traffic Both Inbound and Outbound Traffic Sustained Transfer Rate Monthly Price 0 kbps 256 kbps 512 kbps 1024 kbps 1. 5+Mbps Mbps 3+ Mbps Mbps 6+ Mbps Mbps 10 Mbps+ GB Volume Month Monthly Price Connection Type 25* e. g. 1 3 Cat OC etc 50 100 200 500 1000 1500 2500 5000 ** * Minimum Threshold ** Special Arrangement Extra Bandwidth above and beyond the selected plan shall be billed at per GB. NOTE Excessive bandwidth restrictions or fees may apply under special circumstances. Please see the company name Acceptable Use Policy AUP for these restrictions. Please contact your account representative if you would like to arrange either unmetered or 95th percentile bandwidth measurement packages. Note alternate bandwidth packages must have an accompanying addendum attached to this agreement.

Setup Information IP Addresses Requested Fee Backup Configuration Backup Type. Software Hardware Circle Type Setup Notes. e. g. private ports on switches special security LAN connection type monitoring space restrictions or expectations pertaining to the type of rack or cabinet selected. Customer Provided Equipment Equipment Description Location company name Provided Equipment Equipment Description Location

DISCLAIMER Customer is responsible for all expenses including travel mileage and shipping transport charges. Company shall make every effort to estimate such charges in advance however all estimates shall be considered good faith and are subject to change without notice. Estimates for Company products and services are good up to days from the issuance of any such estimate or cost summary. Company shall not be responsible for changes to any third party fees or charges including but not limited to. shipping packing materials sub contractor labor third party labor and services fuel costs taxes increases in equipment costs fees to fix damaged or non functioning equipment. Company is not responsible for the availability of any materials or equipment labor or any other required resource that it may purchase or otherwise engage on behalf of the customer during the term of this agreement. Each party represents and warrants that on the date first written above that 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

How to write my Hosting and Support Services Memorandum document (alternate or related contract document)

MEMORANDUM OF UNDERSTANDING company name HOSTING SERVICES AND SUPPORT SERVICES Unless specifically contracted by fully executed Service Level Agreement SLA the following is list of services responsibilities obligations and duties that company name does not provide free of charge nor are they included in any hosting package or development project. The purpose of this memorandum is to set forth an understanding of the services company name does provide and how they are billed. * Investigation of customer reported issues or concerns The public use of any web site or web application by its users including but not limited to the data that may be input into the system by users browsers operating systems or devices they may be using to access the web site and users who cannot login to the system or have forgotten passwords or access codes or make any other request once the site is used may create new support requests that company name is not responsible for acting on or investigating unless billing for its time regardless of the outcome.

* Issues resulting from increase in traffic or usage The traffic resulting from any amount of users legitimate or otherwise connecting to web site web server or web application impacts performance and company name is not responsible for problems that may arise due to an increase in traffic legitimate or otherwise. Assistance in troubleshooting your systems is billable service. * Upgrades patches and security fixes company name is not responsible for any upgrades updates patches backups; or for monitoring of the web site project or web application for updates upgrades security fixes or patches. * Training and assistance company name is not responsible for additional training consulting or documentation of any projects web sites or web applications. All assistance concerning how to operate your various systems shall be billed at the company names hourly rate. * Security and protection of data company name is not responsible for the security of any Customer systems including but not limited to Customers web site web server web application backups or any other component therein. Further because Customer may allow the public to interact and use its web site Customer assumes all risk for what the public enters into Customers systems web site or web application. company name is not responsible for the criminal acts or intrusions of third parties. * System restoration

company name is not responsible for restoring data or files from any available backup source without charging an hourly rate. company name is also not obligated to restore files or functionality or restore availability of systems during any guaranteed time period. This includes nights and weekends. * End user and desktop support company name does not provide end user or desktop support services. This includes but is not limited to. troubleshooting email clients desktop programs connectivity issues browser issues or any issue pertaining to the end users system such as laptop device desktop server or smartphone. company name may lend assistance remotely however customer may require in house IT support to correct end user issues and concerns. * Support for customers own customers company name is not responsible for investigating reported problems that originate from user or customer of any of the Customers systems. Investigating reported issues is billable service no matter where the problem originates from. * Backups Customer is fully responsible for all backup systems and the integrity of such backups. company name makes no guarantee in any form that protects the customer in case of any data loss and all requests to restore data in any form are billable services. company name further makes no guarantee that any backups restored will provide the exact data that the customer desires. Customers wishing to protect their data need to employ continuous backup system.

* Investigations and forensics Any investigation into any event is billable service. company name may undertake its own investigations into incidents. However. providing Customer any detailed accounting of intrusions criminal acts employee actions Customers employees or research concerning systems analysis or event tracking is fully billable service. company name may not have data solutions or answers pertaining to any investigative work and all investigative work or consulting pertaining to Customers operations shall be billed at the company names hourly rate. I the undersigned have read understand and agree to the above Memorandum of Understanding concerning company names services limitations on services and billing policies. Name. Printed Job title of signator authorized signature or signer.

Company. Signature. Date.

How do you write a 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

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The editable Email Hosting (Shared Server) Contract template - complete with the actual formatting and layout is available in the retail Contract Packs.
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