using the product for over three years now. I got it due to the pre-made forms and contracts (there are tons of them). I use my logo and info and the software does the rest! Amazingly easy to use! The new version is awesome, and even easier to use."
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
WEB HOSTING AND EMAIL RESELLER AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name hereafter referred to as VAR or Reseller and company name hereafter referred to as Company or Provider. The purpose of this Agreement hereafter referred to as the Agreement is to set forth an Acceptable Use and Reseller Policy under which company name will provide Reseller services on behalf of Company. Terms and Conditions As service the standard VAR Agreement with Company is provided below.
1. Right to Resell. Subject to the terms and conditions of this Agreement Company grants VAR non exclusive right to resell its products and services to VARs customers with the following agreements. a Providers service will be provided on an as is as available basis. Further Provider provides no warranty written expressed or implied for any Web Hosting and Email services provided including without limitation warranty of the merchantability and warranty of fitness for particular purpose. This no warranty expressly includes any reimbursement for losses of income due to disruption of service by Provider or its providers beyond the fees paid to Provider for services. b VAR and VARs Customers VARs End Users or End Users will use the Web Hosting and Email services in manner consistent and compliant with any and all applicable laws of the State of state or province and the US Federal Government. c Use of any information obtained by way of Provider is at VARs own risk and Provider specifically denies any responsibility for the accuracy or quality of information obtained through its services. Provider makes no warranty written expressed or implied of any guaranteed uptime or that the service will function at reliable level based on past performance. d Provider is not responsible for any damages arising from VARs use of Provider or by VARs Customers inability to use the Web Hosting and Email services for any reason. e Provider shall make every reasonable effort to protect data stored on Customers Server s. Provider is not responsible for VAR or VARs Customers data files or directories residing on Providers equipment. Customer is solely responsible for maintaining data files and back ups.
2. Representation. VAR shall maintain sales office for product promotion and is responsible for all costs incurred for the promotion and sale of Company products and services. VAR shall conduct business in its own name and shall not represent itself as an employee or agent of Company. Prospects may be registered with Company and will be protected for days. This protection may be renewed at Companys discretion for further days. 3. End User Pricing. End User Pricing and VAR Compensation is outlined on Exhibit attached and is subject to change at the sole discretion of Company. VAR may set their own End User pricing. Company is not responsible for misrepresentations inaccuracies errors or other pricing discrepancies made between VAR and any prospective customers that VAR may deal with. By using Companys Web Hosting services VAR agrees to comply with the following policies and assume responsibility for the compliance of all End Users permitted by VAR to use Company products and services. 4. Resale of Services Under this Agreement. VAR is granted the right to resell Company services to third parties End Users under the following terms. Services include but are not limited to. Provisioning of email addresses Web Hosting and Storage Space Data Transfer FTP List Management or any other Service provided by Company now or in the future. Unauthorized resale use or misrepresentation of any Company products or services is strictly prohibited. 5. Limit of Liability. Company shall not be liable for any content posted opinions expressed or actions taken by any of the users of Company services. Any conduct that violates the law regulation or the accepted norms of the Internet community or the Community standards in which you live whether expressly mentioned in this Agreement or not is strictly prohibited. Company reserves the exclusive right to prohibit any activities that it deems will adversely affect its commercial reputation or goodwill endanger its Network or impact its customers or expose it to liability or tort.
6. Modification of Agreement. Company reserves the right to add modify or delete any provision of this Agreement at any time and without notice. Company reserves the exclusive right and will be the sole arbiters as to what constitutes violation of any of these provisions. 7. Misuse of System Resources. It is violation for anyone who including but not limited to employs posts or programs which consume excessive CPU time server memory or storage space; permits the use of mail services mail forwarding capabilities POP accounts or auto responders other than for their own account; resells access to CGI scripts installed on Company servers. Company reserves the right to terminate any service or process that uses disproportionate amount of any system resources immediately and without notice to the user. 8. Potentially Tortuous or Illegal Conduct. The following shall be construed as violations of this Agreement and may result in suspension or deletion of an End Users account or Termination of this Agreement. a Company Products and Services may only be used only for lawful purposes. Transmission distribution or storage of any material in violation of any applicable law or regulation is strictly prohibited. This includes without limitation material protected by copyright trademark trade secret or other intellectual property right used without proper authorization or material that is obscene defamatory constitutes an illegal threat or violates export control laws. Non acceptable content or links may include but is not limited to. Pirated software Hackers programs or archives Warez Game Mods or Patches Irc Bots Chat Sites Servers Pornography and Adult Content TGP or any other file or media deemed by Company to be illegal or for which VAR or VARs Customer do not have the legal right to use post or otherwise store on Company servers. b No one shall post defamatory scandalous or private information about person without their consent with intention to inflict emotional distress or violating trademarks copyrights or other intellectual property rights. c Sending of unsolicited email messages Spam from or through Companys servers including without limitation commercial advertising or informational announcements shall be prohibited. Company reserves the right to terminate this Agreement and any other accounts under VARs account if Company determines that unsolicited mass email has occurred or if Company receives complaints that unsolicited email messages have been sent from VARs account.
d Posting to any Usenet or other newsgroup forum email mailing list or other similar group or list articles with the intent to engage in commercial advertising or informational announcements. e Engaging in any of the foregoing activities using the service of another provider but channeling such activities through Company provided server or using Company provided server as mail drop for responses. f Any unauthorized distribution or copying of copyrighted material violations of U. S. export restrictions harassment fraud dealing in contraband and other illegal activities or dealing in content and material that has been deemed illegal in your community state province or municipality. g Falsifying any user information provided to Company or to other users of the service in connection with the use of Company service. 9. System and Network Security. Violations of system or network security are strictly prohibited and may result in criminal or civil liability. Examples include but are not limited to. allowing unauthorized access use probe or scan of any Company system security authentication measures data or traffic interference with service to any user host or network mail bombing flooding attempts to overload system or broadcast attacks. VAR or their Sub accounts shall not engage in forging of any TCP IP packet header email headers or any other information provided or passed through Company Systems or Network at any time. 10. Domain Name Agreements Restrictions and Transfer Policies.
Under ICANN policy Company is prohibited from allowing the transfer of domain name Registrars during the first days after initial registration of the domain name. This applies to ALL domain names regardless of where they are purchased. Domain names cannot be transferred to or from Companys system within this period. Beginning on the 61st day after the initial registration the procedures for transferring domain names can be completed without restriction. The full ICANN policy concerning domain name registration can be found at ICANN. ORG. 11. Domain Name Transfer Notifications. Company does not guarantee that all domain name transfers or updates to DNS records MX records Aliasing Records URL forwarding domain name forwarding or other Registrar or DNS related service or product will succeed. 12. DNS Information. Company shall not be responsible for updating any of the DNS records or entries for transferred domain names. VAR shall have sole responsibility for ensuring that all relevant DNS entries for domain name are correct. Fees paid for transferred domain names are not refundable if the transfer fails for any reason. This may include but is not limited to. timeouts resulting from delay in owner or registry approval incorrect contact information in the WHOIS record or attempted transfers of domains that are not transferable for any other reason. 13. Renewal of your Reseller Account. Renewal of Reseller account shall be automatic until cancelled by Reseller. Accounts shall be automatically renewed according to the terms set forth in this Agreement unless VAR submits notice of cancellation in writing to Company. 14. Account Cancellation Notification Fees or Refunds.
Cancellations must be received in writing days prior to the account renewal date. Cancellations received after the renewal date shall be renewed at the rate set forth in this Agreement and then canceled at the end of the next billing cycle. Cancellations received within the first days after the renewal date will not be subject to the account cancellation fee so long as VAR pays all outstanding balances owed Company. Account cancellations received by Company prior to the renewal date shall be subject to Insert Cancellation Fee Amount cancellation fee. Domain name purchased by VAR through Company shall remain the property of Company after cancellation until VAR pays all outstanding balances owed Company. VAR may renew domain names registered through Company or its Affiliates for fee of domain registration fee per domain. 15. Credit Card Chargebacks. Cancellation of payment for any services under this Agreement conducted via credit card chargeback shall not be tolerated. Upon notification of chargeback Company will assume and retain ownership of any domain name registered with Company or on behalf of VAR. 100 fee per domain name will be assessed to VAR plus normal registration fees before Company releases the Domain name s. 16. Consequences of Violation. If Company becomes aware of an alleged violation of any of the terms contained in this Agreement or any other policy that has been posted on its Web Site made available to VAR via email or posted in any other form Company shall initiate an investigation. During the investigation Company may restrict VAR or End User access to Company products and services in order to prevent further possible unauthorized activity. Company may at its sole discretion restrict suspend or terminate VARs account without notice or refund or pursue civil remedies as it deems necessary. Company shall notify the appropriate law enforcement department of any such violations. Company shall not be responsible for any payment refunds or compensation in any way for service disruptions or termination resulting from violations of this Agreement. 17. Compensation.
Terms of payment are C. O. D. unless credit approval has been granted to VAR by Company. If credit approval has been granted credit terms are net upon receipt of invoice. Company reserves the right to revoke any credit extended if payment is in arrears for more than days. VAR is solely responsible for all hosting and billing payments to Company and agrees to hold Company harmless for any interuption of any products and services provided to VAR by Company under this Agreement. 18. Non Disclosure. Proprietary Information exchanged hereforth shall be treated as such by VAR and held in the strictest of confidence. This information shall include but not be limited to the provisions outlined in this Agreement product and services information pricing source code Company practices methodology and procedures. VAR further agrees to not distribute decompose disassemble decode or reverse engineer any Company program delivered to VAR or any portion thereof without prior written approval of Company. 19. Transfer of Rights. VAR may not assign or transfer this Agreement in whole or in part without the prior written consent of Company. In the event that VAR contemplates whole or partial sale of its business ownership change or change in its jurisdiction VAR shall notify Company by mail facsimile or email no less than days prior to the effective date of the event.
20. Term of Agreement. The term of this Agreement is twelve months from the date of execution by Company. This Agreement shall be continuously renewed every twelve months unless VAR notifies Company in writing thirty days prior to the expiration date. 21. 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 upon the filing of any application by VAR seeking relief from creditors upon mutual agreement in writing of Company and VAR. 22. 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.
23. Indemnification. VAR 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 VAR 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 VAR. 24. Force Majeure. Neither party shall be held responsible for delay or failure in performance hereunder caused by acts of nature strikes embargoes fires war or other causes beyond their reasonable control. 25. Binding Effect. 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 without regard to conflicts of law principles. 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.
Each party represents and warrants that on the date first written above 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 Reseller Initials Company Initials