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The Hosted Services ASP Contract is an agreement for providing services hosted by your company to clients as an ASP (Application Service Provider). Use this when you are providing use of your application software from a centralized location to your customers located elsewhere.
Document Length: 4 Pages
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Hosted Services ASP Contract
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Writing the Hosted Services ASP Contract document

HOSTED WEB SERVICES 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 and define an arrangement under which Company will provide Hosted Web Services Hosted Services on behalf of Customer. As service the standard Services Agreement with Company is provided below. Subject to the following terms and conditions of this Agreement Company will provide Hosted Services for Customer. 1. Specifications. Company agrees to provide Customer with Hosted Services according to the attached Specifications the Specifications as defined in Exhibit attached hereafter.

1 Services Definitions. Services shall mean the services to be provided by Company to Customer under this Agreement and may comprise the following. Hosted Services shall mean both the license and the services provided by Company to Customer as described by the Specifications. Support Services shall mean any help support setup installation or other assistance as described by the Specifications. Consulting Services shall mean any additional services as described by the Specifications. Company Materials shall mean any software code or other materials transmitted to Customer in order to provide any of the services under this Agreement. 1 Services Provisions. Rights and License Granted. Company hereby grants to Customer limited non exclusive royalty free worldwide license during the Term to use the Services and or any software provided to Customer under this Agreement for the purpose of using the Services. Customer shall have no right to use the Services for any other purpose implied or otherwise unless defined in the Specifications.

Limitations to Rights and License. At no time will Customer hold title to or ownership of any of the Hosted Services or Materials provided to Customer during the term of this Agreement. 1 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 as defined in Exhibit A. 1 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. 1 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. End User Pricing and Services Compensation. End User Pricing and Services Compensation are outlined on Exhibit attached and are subject to change at the sole discretion of Company. 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 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 is not limited to the provisions of this Agreement product and services information materials software code pricing or any other materials transmitted to Customer under this Agreement. Customer agrees not to decompose disassemble decode or otherwise reverse engineer any Company program code or technology installed or delivered to Customer or any portion thereof; transmit or allow to be transmitted any such materials to any third party except as necessary for the fulfillment of this Agreement; sublicense or allow use of any materials or use of any provided services to any third party without written permission from Company; use any Materials or Services in any way not intended or expressly provided for by this Agreement.

5. Customer Information Content. 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 due to 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.

Customer warrants that Customer has the right to use any applicable trademarks or copyrighted materials that Customer integrates or uses 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 Customers 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 upon 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 here under shall be governed by the laws of state or province State. failure by any party to exercise or any 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 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 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 to write my 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

A Document from Contract Pack

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