Website Hosting Agreement Sample

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2.7 Emails not included in the hosting: It is under­stood that Mage­Mon­treal does not strictly speaking pro­vide email ser­vices with the web­site hosting ser­vice. All email ser­vices are external ser­vices of any provider that the cus­tomer wants to use for their emails, e.B. Microsoft Office 365, Google Apps, or other email providers. The web hosting provider will comply with the fol­lowing con­di­tions during the terms of the con­tract, unless oth­er­wise agreed between the par­ties. This Web­site Hosting Agree­ment is between , an indi­vidual (n) (the “Host”) and an individuala(n) (the “User”). You own a web hosting com­pany – which means you need to have a web hosting con­tract on hand. If you do web hosting for cus­tomers, you need to stay orga­nized and include the impor­tant terms. Learn more If the host is unable to pro­vide the avail­ability level spec­i­fied in the Ser­vice Level Agree­ment and the user com­plies with its credit appli­ca­tion pro­ce­dures, the user receives a credit based on the credit per­cent­ages in Appendix B. The Host must indi­cate all credits due under this Agree­ment on the next invoice. Pan­daTip: This part of the tem­plate pro­vides you with a place where you can list all the direct costs related to the web hosting contract.

Pan­daTip: This sec­tion for the web hosting con­tract tem­plate is stan­dard and is designed to pro­tect you from unfore­seen cir­cum­stances that may arise during the con­tract. 2.2 Access and updates by the Cus­tomer. Mage­Mon­treal pro­vides password-​​protected access to its server so that the client can update client con­tent by pub­lishing new client con­tent via File Transfer Pro­tocol (FTP). The Cus­tomer acknowl­edges and agrees that access to and use of the Web­site is in accor­dance with MageMontreal‘s Terms of Use and Pri­vacy Policy pub­lished on its Web­site. If, for any reason, legal pro­ceed­ings are ini­ti­ated in con­nec­tion with this web hosting agree­ment, all costs and fees asso­ci­ated with this pro­ce­dure will be borne by the other party. 3.4 If the Customer‘s web­site is infected with viruses/​Trojan horses/​malware or script or code errors that com­pro­mise the secu­rity of its web­site, the server or the per­for­mance of the server or the rep­u­ta­tion of the server‘s IP addresses (in case of spam), Mage­Mon­treal reserves the right to block the hosting account and take the site offline and not to reac­ti­vate the account, until the problem has been resolved at the customer‘s expense. Mage­Mon­treal may offer an offer to solve such prob­lems if its pro­gram­mers are avail­able, but it is the customer‘s respon­si­bility to keep its web­site secure. In accor­dance with § 6, the cus­tomer cannot claim any direct or indi­rect damage if Mage­Mon­treal is forced to block the hosting account. No mod­i­fi­ca­tion to this Agree­ment shall be effec­tive unless it is made in writing and signed by both par­ties. This Agree­ment con­sti­tutes the final agree­ment of the parties.

This is the com­plete and exclu­sive expres­sion of the agree­ment of the par­ties to the sub­ject matter of this Agree­ment. All prior and con­tem­po­ra­neous notices, nego­ti­a­tions and agree­ments between the Par­ties with respect to the sub­ject matter of this Agree­ment shall be expressly incor­po­rated into and super­seded by this Agree­ment. The pro­vi­sions of this Agree­ment may not be explained, sup­ple­mented or restricted by evi­dence of prior com­mer­cial use or com­mer­cial activity. Nei­ther party has been induced to enter into this Agree­ment by any rep­re­sen­ta­tions, rep­re­sen­ta­tions, war­ranties or agree­ments of the other party, except as expressly pro­vided in this Agree­ment, and nei­ther party shall rely on them. Except as expressly pro­vided in this Agree­ment, there are no pre­req­ui­sites for the effec­tive­ness of this Agree­ment. 3.3 If the cur­rent hosting plan is exceeded, the cus­tomer will be auto­mat­i­cally upgraded to the next level of the hosting plan and will be deemed to have accepted the increased fee (e.B.30/month updated to $60/​month). The User wishes to engage the Host to pro­vide the ser­vices pro­vided for in this Agree­ment. You can design the most beau­tiful and func­tional web­site in the world, but if the server can‘t sup­port it, it won‘t do any­thing about your busi­ness. Hiring a pro­fes­sional to pub­lish your web­site puts server-​​related stress in the hands of experts. A hosting con­tract pro­tects the guest and host and clar­i­fies expec­ta­tions from the start.

The web­site hosting fee is in line with the offer accepted by the client, starting at $30 per month for an informative/​corporate web­site. For Magento ecom­merce sites, hosting starts at $75 per month for 100,000 MB of monthly transfer and 10,000 MB of storage. Cus­tomer may ter­mi­nate this Web Hosting Agree­ment in its sole dis­cre­tion if one or more of the fol­lowing events occur: 1) Failure to comply with all of the above con­di­tions. 2) Bank­ruptcy of one of the par­ties 3) After written agree­ment between the two par­ties, the host is engaged in the pro­vi­sion of hosting and related ser­vices. 4.6 Assis­tance in the trans­mis­sion of the hosting of the Site. At Customer‘s expense and mageMontreal‘s sole dis­cre­tion, Mage­Mon­treal will pro­vide for­warding ser­vices to move Customer‘s web­site to manual email con­fig­u­ra­tion Access to manual email con­fig­u­ra­tions will not be blocked, a tech­no­log­i­cally savvy Cus­tomer may choose to con­figure their emails on our server, but this fea­ture is not included in this Agree­ment, is not sup­ported, is not rec­om­mended, and should not be used. Mage­Mon­treal does not offer courier ser­vices. CONSIDERING that the par­ties wish to deter­mine the con­di­tions under which Mage­Mon­treal pro­vides hosting ser­vices in con­nec­tion with the Customer‘s web­site (the “Web­site”) in accor­dance with the agreed terms; 3.4.1 If the Customer‘s web­site has a CMS (Con­tent Man­age­ment System) such as Word­Press, Magento or another CMS, the Cus­tomer must keep its CMS ver­sion up to date at all times within 3 weeks of the avail­ability of the new ver­sion of the CMS or the release of a secu­rity patch. Band­width and storage above this limit are auto­mat­i­cally upgraded to the next ser­vice plan in addi­tional incre­ments of $30/​month for an addi­tional 100,000 MB of monthly transfer and an addi­tional 5,000 MB of memory.

Site usage of addi­tional CPU and RAM may require a package update in addi­tion to band­width and memory usage. Mage­Mon­treal will notify the cus­tomer of all upgrades by email. During the Term, the Host may per­form other web­site hosting activ­i­ties, except that the Host may not accept any work, enter into con­tracts or accept oblig­a­tions that are incom­pat­ible or incom­pat­ible with the Host‘s oblig­a­tions or the scope of the ser­vices to be pro­vided to the User under this Agree­ment. Each Party shall use all rea­son­able efforts to take or cause to be adopted all nec­es­sary or desir­able mea­sures to com­plete and give effect to the trans­ac­tions pro­vided for in this Agree­ment or to prove or exe­cute the intent and objec­tives of this Agree­ment. The rela­tion­ship of the par­ties under this Agree­ment is that of inde­pen­dent con­trac­tors, and no joint ven­ture, part­ner­ship, agency, employer-​​employee or sim­ilar rela­tion­ship is cre­ated in or through this Agree­ment. Nei­ther party may assume or con­tract oblig­a­tions on behalf of the other party, and nei­ther party may take any action that gives the appear­ance of such authority. .

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