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How to write your Web Site Dedicated Hosting Contract
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Use cases for this template
Harbor & Hearth LLC secures a dedicated environment for a fast-growing e-commerce store
The Challenge
When Harbor & Hearth's holiday traffic doubled overnight, founder Maya Ortiz watched checkout times spike and carts abandon; the team needed a dedicated server with defined Support Level, scheduled maintenance windows, and clear uptime remedies while they migrated from a congested VPS without disrupting customer transactions.
The Solution
They negotiated a dedicated hosting contract with NorthPeak Hosting, then used Proposal Kit to create supporting documents: a scalability proposal with line-item quoting for bandwidth bursts and storage tiers, a disaster recovery plan, and a technical runbook; the AI Writer produced an incident response communication template and a postmortem report outline for future events.
The Implementation
After the parties signed, Harbor & Hearth assembled exhibits from the Proposal Kit to document Hosting Specifications, a maintenance schedule, and escalation paths, while NorthPeak provisioned hardware and implemented firewalls and backups; the team synchronized cutover steps with a weekend freeze and used the Proposal Kit's templates to circulate stakeholder briefings.
The Outcome
Checkout speeds stabilized, availability improved through a defined process and response targets, and finance gained predictability using Proposal Kit's quotes and cost breakdowns; customer satisfaction rose, and the store launched new seasonal campaigns without performance surprises.
Lumena Media streamlines video delivery for multiple brands
The Challenge
As Lumena Media launched three niche sites, editor-in-chief Devin Brooks saw buffering and inconsistent upload times, plus affiliate partners needed clarity on content rights, distribution workflows, and acceptable use while traffic spiked after influencer mentions.
The Solution
They adopted a dedicated server agreement with SkyForge Data Centers and used Proposal Kit to draft supplemental documents: a content licensing guide, a partner onboarding packet, and a distribution workflow report; the AI Writer generated training briefs for editors, while line-item quoting compared CDN add-ons, backup frequency, and technical support tiers.
The Implementation
Lumena used Proposal Kit to assemble exhibits for bandwidth thresholds, response SLAs, and escalation contacts, and scheduled a staged migration of the media library; editors followed the new playbooks while SkyForge tuned streaming settings and verified nightly backups against the runbook.
The Outcome
Video starts became snappier, affiliate disputes dropped thanks to clearer documentation, and finance approved CDN upgrades using transparent quotes; Lumena expanded its roster of shows with confidence in predictable performance.
QuantaPath, Inc. aligns global compliance and performance for its analytics SaaS
The Challenge
Serving healthcare and retail clients across regions, CTO Ravi Desai needed dedicated hosting with defined notice procedures, maintenance windows, and data-handling rules to meet customer audits while onboarding independent contractors and integrating new pipelines.
The Solution
QuantaPath finalized a dedicated hosting contract with AtlasHost and turned to Proposal Kit for supporting materials: a compliance matrix mapping controls to client requirements, a data flow report, and a migration plan; the AI Writer created customer status update templates and rollout communication schedules, while line-item quoting priced extra test environments.
The Implementation
The team used Proposal Kit's library to assemble exhibits for Hosting Specifications, access roles, and escalation paths, executed phased migrations during low-traffic hours, and briefed contractors using standardized onboarding documents that aligned with the contract's AUP and confidentiality terms.
The Outcome
QuantaPath passed client audits, reduced downtime during releases, and captured accurate cost forecasts for additional features; customers received timely communications, trust increased, and the SaaS platform accelerated its roadmap with fewer operational surprises.
Abstract
This legally binding contract sets clear expectations between a hosting provider and a customer for exclusive use of a dedicated server. It defines key terms that affect service quality and costs, including internet bandwidth, storage capacity (disk space), hardware and software specifications, Service Level, Support Level, and a Hosting Specifications exhibit. The Acceptable Use Policy imposes rules on website content and usage by the customer's employees, agents, and other internet users; the customer is solely responsible for such conduct. Proprietary and confidential information, including trade secret materials, must be protected and not disclosed.
The agreement sets an initial term of six or twelve months, with automatic renewal unless the customer provides reasonable prior notice at least 30 days before the renewal date. Service starts after full payment of the setup and the first term. Billing is C.O.D. unless credit is granted; payment issues over 30 days can revoke credit. Notices for certain events may be sent by mail, facsimile, or electronic mail; businesses often specify registered or certified mail for prompt written notice and a defined notice period.
Warranties are limited: implied warranties are disclaimed, there are no uptime guarantees, and the remedy for downtime is a pro-rata credit for the affected calendar month. The AUP governs conduct; the customer must manage and maintain its website and data stored on the server. The customer warrants rights to intellectual property, including trademarks and copyrighted materials.
Indemnification and hold harmless obligations cover claims arising from the customer's marketing, support, or breaches. Disputes may proceed in court, with the prevailing party recovering costs, under the governing law of the state and other applicable law and relevant laws.
Assignment requires consent; a contemplated sale or jurisdiction change requires 60 days' advance notice. Termination can occur for failure to comply after written notice, a material breach, insolvency proceedings, or mutual agreement. The contract does not detail disaster recovery, backup, firewalls, scheduled maintenance windows, migration, domain names, or a formal service level agreement; parties agree to add such information, additional features, or other service terms in exhibits to address security measures, force majeure, confidentiality, and an entire agreement clause. Define communication required, time required to respond, and reasonable efforts or best efforts standards.
Use cases include an e-commerce operation needing reliability and performance, a blog network hosting multiple websites, or a SaaS team requiring managed operation in a dedicated environment rather than a VPS. Each example benefits from clear scope, support, and resolution processes.
Proposal Kit can help organizations create and manage documents like this by assembling consistent agreements, schedules, and exhibits, integrating automated line-item quoting, and using an AI Writer to build supporting documents. Its extensive template library streamlines execution so the parties sign accurate terms in a timely manner.
Additionally, organizations should clarify how technical support works day to day: who to contact by email or other communication, expected response times, and the process to escalate a request if an incident adversely affects availability. Define what the client receives under the Support Level and what duties remain in-house, such as how to back up and store data, manage other activities, and protect confidential information relating to operations. If an independent contractor, an affiliate, or an agency will engage the provider on the customer's behalf, add restrictions on who may direct the provider and the extent of any authority.
Include additional terms that address data center facilities, maintenance schedules, and any inability to access services caused by circumstances beyond control. Clarify when early termination is permitted, what costs incurred are payable, and what actions are required upon termination, including what the other party must return or retain and what information it may disclose. Where cross-border use is expected, reference compliance with regulations and international law, and any accountability act that may apply to the organization's industry.
To avoid disputes, the parties can decide in advance which practices constitute willful misconduct, what limitations on liability apply, and how to defend and deal with third-party claims. Address software license duties, usage restrictions, and who may sell, distribute, or integrate other service features. Note that this hosting relationship does not constitute a joint venture, partnership, or agency unless expressly stated.
Include who has signing authority, the form of notice (including certified mail), what is deemed received, and the notice period in days or weeks. Document how migration or future upgrades will be accomplished, how demand spikes will be handled, and where content and other information will be housed by location. The renewal term should be clearly determined in accordance with the contract, with what each person is committed to execute, the expected performance schedule, and how the rest of the details and challenges will be addressed. Avoid any promise or guarantee that conflicts with the contract.
Proposal Kit can assist teams to create a solution that addresses these topics with templates and tools that help assemble clear exhibits, integrate line-item quoting, and use its AI Writer to write consistent language. This helps organizations execute documents that align interests and enhance management clarity.
Further clarify commercial and operational guardrails so both parties know what they must pay and what risks they accept. The parties, collectively, should define who may permit access changes, approve maintenance windows, and authorize content distribution or software deployment. Establish KPIs to focus on performance and response targets; typically, these include first-response and resolution times, change notice lead times, and backup verification cadence.
State that each party will attempt to mitigate incidents before escalation, and specify when a party is liable, with disclosure duties for security events and limits that respect the Agreement's warranty disclaimers. Address who can consult legal or technical contacts, how to request changes, and what information a party may disclose to auditors or regulators. Include rules for retention of logs and confidentiality, plus what happens if an insolvency proceeding occurs. Define acceptable use boundaries for users and affiliates, and permit only named personnel to issue direct operational instructions. Clarify cost controls for add-ons, overages, and taxes, and how credits are applied. Document who can execute renewals or cancellations, and how notices by email or other channels are deemed received. These details help align expectations for the future while maintaining compliance with the contract and applicable practices.
How do you write a Web Site Dedicated Hosting Contract document? - The Narrative
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 a long-term contract arrangement under which Company will provide Dedicated Web Hosting services on behalf of Customer. "Dedicated" shall mean a single server or servers that Customer has exclusive use of. "Shared Hosting" shall mean a 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 a 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. "Customer's 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 Customer's Users must abide by.
In consideration of the mutual covenants set forth in this Agreement, Customer and Company hereby agree as follows:
As a service, the standard Dedicated Web Hosting Agreement with Company is provided below.
Service
Subject to the terms and conditions of this Agreement, Company will provide Dedicated Web Hosting services for Customer subject to the following terms:
Length of service
Customer agrees to an initial six (6) month or twelve (12) 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.
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 a mutually agreed upon alternate date.
Renewal by Customer
This Agreement will automatically renew for successive six (6) or twelve (12) month Terms unless canceled in writing by Customer at least thirty (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.
Compensation
End User Pricing and Web Hosting Compensation is outlined on Exhibit A, attached, and is subject to change at the sole discretion of Company.
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 (10) days upon receipt of invoice. Company reserves the right to revoke any credit extended if payment is in arrears for more than thirty (30) days.
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.
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 Company's Acceptable Use Policy ("AUP"), attached hereafter as Exhibit B, and to make Company's AUP available to all of Customer's Users and to take full responsibility for Customer's Users' use of the services provided to Customer by Company.
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 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 down time 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 copyrights
Customer warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
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 (60) days prior to the effective date of the event.
Termination
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 the filing of any application by Customer seeking relief from creditors, 3) mutual agreement in writing by Company and Customer.
Disputes
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.
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 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.
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 State. A failure by any party to exercise or to delay exercising a right or power conferred upon it in this Agreement shall not operate as a 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.
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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.
Frequently Asked Questions
How do I customize this contract to fit my business needs?
Customizing this contract involves editing the document to include your business details, terms, and conditions. The templates are designed to be flexible, allowing you to insert your company's name, address, and other relevant information. You can modify clauses to reflect your unique business practices and legal requirements.
Is this contract compliant with laws and regulations?
The legal contract templates are written by legal professionals and designed to comply with current laws and regulations at the time of their writing. However, laws can vary by jurisdiction and change over time, so it's recommended to have your contract reviewed by a local attorney to ensure it meets all legal requirements specific to your region and industry. Templates are licensed as self-help information and not as legal advice.
Can I use the same contract for different clients or projects?
You can use the same contract for different clients or projects. The templates are versatile and easily adapted for various scenarios. You will need to update specific details such as client names, project descriptions, and any unique terms for each new agreement to ensure that each contract accurately reflects the particulars of the individual client or project.
What should I do if I encounter a clause or term I don't understand?
If you encounter a clause or term in the contract that you need help understanding, you can refer to guidance notes explaining each section's purpose and use. For more complex or unclear terms, it's advisable to consult with a legal professional who can explain the clause and help you determine if any modifications are necessary to suit your specific needs.
How do I ensure that the contract is legally binding and enforceable?
To ensure that the contract is legally binding and enforceable, follow these steps:
- Complete all relevant sections: Make sure all blanks are filled in with accurate information.
- Include all necessary terms and conditions: Ensure that all essential elements, such as payment terms, deliverables, timelines, and responsibilities, are clearly defined.
- Signatures: Both parties must sign the contract, and it is often recommended that the contract be witnessed or notarized, depending on the legal requirements in your jurisdiction.
- Consult a legal professional: Before finalizing the contract, have it reviewed by an attorney to ensure it complies with applicable laws and protects your interests.
Ian Lauder has been helping businesses write their proposals and contracts for two decades. Ian is the owner and founder of Proposal Kit, one of the original sources of business proposal and contract software products started in 1997.By Ian Lauder
Published by Proposal Kit, Inc.Disclaimers
Proposal Kit, Inc. makes no warranty and accepts no responsibility for the suitability of any materials to the licensee's business. Proposal Kit, Inc. assumes no responsibility or liability for errors or inaccuracies. Licensee accepts all responsibility for the results obtained. The information included is not legal advice. Names in use cases have been fictionalized. Your use of the contract template and any purchased packages constitutes acceptance and understanding of these disclaimers and terms and conditions.
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