Writing the Single Page Web Hosting Contract document
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").
In consideration of the mutual covenants set forth in this Agreement, Company and Customer hereby agree as follows:
Subject to the terms and conditions of this Agreement, Company will provide Web Hosting services for Customer, subject to the following terms:
Length of Service and Service Start Date. Customer agrees to an initial Months-month contractual term of service ("Term") beginning on Start Date and consisting of : Insert package name or service here.
Renewal by Customer
This Agreement will automatically renew for a successive Months-month Term unless canceled in writing by Customer at least 30 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 Customer's account.
End User Pricing and Web Hosting Compensation
End User Pricing and Web Hosting Compensation shall be Amount / month of service and are subject to change at the sole discretion of Company.
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 10 days upon receipt of invoice. We reserve the right to revoke any credit extended if payment is in arrears for more than 30 days.
Proprietary information exchanged hereunder shall be treated as such by Customer. Customer further agrees to not decompose, disassemble, decode or reverse engineer any Company program, code or technology delivered to Customer or any portion thereof.
Company will exercise no control whatsoever over the content of the information passing through the network, email or web site.
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 Customer's 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 downtime to the pro-rata monthly charge during the system unavailability. Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
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 and shall be bound by Company Name's Acceptable Use Policy ("AUP") which is available for review on Company Name's web site.
Transfer of Agreement
Customer may not assign or transfer this Agreement, in whole or in part, without the prior written consent of Company.
Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from Company of said failure, 2) appointment of Receiver or upon the filing of any application by Customer seeking relief from creditors, 3) upon mutual agreement in writing of Company and Customer.
If legal proceedings are commenced to resolve a 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.
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 Customer's 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.
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. Exclusive jurisdiction and venue shall be in the County County, State Superior Court.
A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.
Each party represents and warrants that, on the date first written above, it is authorized to enter into this Agreement in its entirety and duly bind its respective principals by its signature below: