WEB SITE HOSTING AGREEMENT
THIS AGREEMENT ("Agreement") is entered into on October 08, 2007, between Intaract Ltd ("Provider"), with its principal place of business located at Excel House, 312 High Road, London N15 4BN, and [ Client x ] ("Client"), with its principal place of business located at [ ] and shall be effective as of October 08, 2007 (the "Effective Date").
WHEREAS, Host is engaged in the business of providing Internet web site hosting and related services;
WHEREAS, User desires to retain Host to perform the services provided for in this agreement.
NOW, THEREFORE, Host and User agree as follows:
1. Scope of Services
Host will provide the services set forth in Exhibit A (the "Services”). Hosting services will be provided according to the terms described in Exhibit B ("Service Level Agreement").
2. Price and Payment
User will pay Host for Hosting Services according to the terms set forth in Exhibit A. User will pay (a) hosting fees in advance, (b) fees for other goods or services as invoiced, and (c) any security deposit as set forth in any attachment to this agreement. Host may change the prices charged for the services upon forty-five (30) days written notice to User, but such increases shall not exceed ten percent (10%) of the rate currently being charged at that time.
3. Term and Termination/ Delivery & Commencement
A. Hosting Services will commence on the Effective Date of this Agreement and will extend for a period of 1 month and will automatically renew thereafter, unless earlier terminated as provided herein. User may terminate this Agreement without cause upon at least thirty (30) days written notice to Host. Host may terminate this Agreement without cause upon at least sixty (30) days written notice to User. Either party may terminate this agreement upon written notice for material breach, provided, however, that the terminating party has given the other party at least fourteen (14) days written notice of and the opportunity to cure the breach. Termination for breach will not alter or affect the terminating party's right to exercise any other remedies for breach.
B. If User's account is suspended due to lack of payment, User will pay the then current reinstatement fee, in addition to all other charges then due and payable, prior to restoration of the Services.
4. Customer Service
Host will provide to User reasonable amounts of consultation via telephone and/or electronic mail in the use of the system, but will not assist with any services that are not maintained or controlled by Host.
5. Warranty and Disclaimer
Host warrants the Services will be performed in a workmanlike manner, and in conformity with generally prevailing industry standards. User must report any material deficiencies in the Services to Host in writing within ninety (90) days of User's discovery of the deficiency. User's exclusive remedy for the breach of the above warranty will be the re-performance of the defective services within a commercially reasonable time, or any service credit set forth in any attachments to this agreement. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY ORAL OR WRITTEN REPRESENTATIONS, PROPOSALS OR STATEMENTS MADE ON OR PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. HOST EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES.
6. Limitation of Liability
Neither party will be liable to the other for special, indirect or consequential damages incurred or suffered by the other arising as a result of or related to the Hosting Services, whether in contract, tort or otherwise, even if the other has been advised of the possibility of such loss or damages.
7. Indemnification of Host
User will indemnify and hold Host harmless against any claims incurred by Host arising out of or in conjunction with User's breach of this Agreement, as well as all reasonable costs, expenses and attorneys' fees incurred therein. Host's total liability under this Agreement with respect to the Services, regardless of cause or theory of recovery, will not exceed the total amount of fees paid by User to Host during the six (6) month period prior to the date the claim arises.
8. Confidential Information
A. All information relating to User that is known to be confidential or proprietary, or which is clearly marked as such, will be held in confidence by Host and will not be disclosed or used by Host except to the extent that such disclosure or use is reasonably necessary to the performance of the Services.
B. All information relating to Host that is known to be confidential or proprietary, or which is clearly marked as such, will be held in confidence by User and will not be disclosed or used by User except to the extent that such disclosure or use is reasonably necessary to the performance of User's duties and obligations under this Agreement.
C. These obligations of confidentiality will extend for a period of after the termination of this agreement, but will not apply with respect to information that is independently developed by the parties, lawfully becomes a part of the public domain, or of which the parties gained knowledge or possession free of any confidentiality obligation.
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorised representatives.
Host Intaract Ltd
By: __________ Title:
By: __________ Title:
EXHIBIT A: SERVICES AGREEMENT
This section might include the information below.
Hosting Package Desired: __________________________________________
One Time Set Up Charge ___________________
Security Deposit ___________________
Domain Name Registration Fee and Setup ___________________
Total One Time Charges ___________________
First Monthly Service Fee ___________________
Total Monthly Charges___________________
TOTAL CREDIT CARD CHARGES ___________________
EXHIBIT B: SERVICE LEVEL AGREEMENT
This Service Level Agreement ("Agreement") sets forth the details regarding the level of service and technical support that apply when your account is in good financial standing.
1. Downtime & Refund policy
A. For purposes of this Agreement, a Unit of Downtime is one period of at least 1 day during which access to your website is unavailable because of problems with hardware or system software. Downtime does not include (i) problems caused by factors outside of our reasonable control, (ii) problems resulting from any actions or inactions by you or any third party, (iii) problems resulting from your equipment and/or third party equipment not within our sole control, or (iv) network unavailability during scheduled maintenance of our network and/or web servers.
B. In any calendar month, we guarantee that Downtime will not exceed 1 Unit of Downtime excluding, however, regularly scheduled maintenance. Any regularly scheduled maintenance will be performed during the hours of 6pm and 8am. We work to ensure the functioning of all web servers through continuous monitoring by our staff.
C. If Downtime exceeds 1 Units of Downtime in any calendar month, we will, upon your written request, credit your account (a "Downtime Credit") in an amount equal to the pro-rata price for one (1) day of service, for each instance of Downtime as that term is defined herein.
D. To receive Downtime Credit, you must request such credit by sending an email to email@example.com within seven (7) days after the occurrence of Downtime. The aggregate maximum number of Downtime Credits to be issued for any and all instances of Downtime occurring in a single calendar month will not exceed seven (7). Downtime Credits will be applied upon issue of the first invoice following the request for Downtime Credit, unless the Downtime occurs in your final month of service. In such case, a refund for the dollar value of the Downtime Credit will be mailed to you within thirty (30) days of the expiration of your service agreement.
E. If you are unhappy with any aspect of our service, please contact us and we will attempt to rectify the situation. Because we are providing a service, which starts when you create the account, we can not provide a refund except when the service has not been acceptable. This is at our discretion only. In any circumstance setup fees are non refundable.
Refunds are not available for any domain names, SSL Certificates, Domain Transfer In fees, Domain Transfer Out fees, or any other products or services provided.
No refunds will be made if we terminate your hosting or other services due to violation of our Acceptable Use Policy or any other violation of our Terms and Conditions, except as may be provided therein. This does not affect your statutory rights. No bill credit will be given for a period of suspension.
2. Technical Support
A. A member of our technical support help desk staff will be available to assist you with problems and questions regarding the hosting services. We will supply telephone and/or email support to you regarding the hosting services.
B. You may contact our technical support help desk via email or by telephone at . We may, from time to time, develop additional methods for you to contact the help desk, and will make information regarding such methods available at our website.