[{"data":1,"prerenderedAt":530},["ShallowReactive",2],{"document-hosting-agreement-D774":3},{"document":4,"label":23,"preview":11,"thumb":24,"description":5,"descriptionCustom":6,"apiDescription":5,"pages":8,"extension":10,"parents":25,"breadcrumb":29,"related":35,"customDescModule":173,"customdescription":6,"mdFm":174,"mdProseHtml":529},{"description":5,"descriptionCustom":6,"label":7,"pages":8,"size":9,"extension":10,"preview":11,"thumb":12,"svgFrame":13,"seoMetadata":14,"parents":15,"keywords":22},"HOSTING AGREEMENT This Hosting Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Corporation\"), a company organized and existing under the laws of the [State/Province] of [YOUR STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [CUSTOMER NAME] (the \"Customer\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] HOSTING AGREEMENT This Agreement (including its Exhibit [SPECIFY] and all other documents referenced herein) is entered into by [YOUR COMPANY NAME] (\"The Corporation\") and [CUSTOMER NAME] (\"Customer\") for the purpose of providing Customer with Web-based access to [YOUR COMPANY NAME]'s software specified in Exhibit [SPECIFY], including any updates, upgrades or revisions provided under this Agreement (\"Software\"), and certain other services relating to the processing of and response to online inquiries and messages (\"Online Messages\") received by Customer from its customers and other users of Customer's Web site (\"Users\"). PROVISION OF SERVICES Corporation will provide Customer with access, maintenance and related hosting services (\"Hosting Services\") to the Software installed on Corporation's servers and other equipment (the \"Corporation System\"). Customer agrees, as reasonably requested by Corporation, to provide Corporation with access to Customer's premises and equipment and to otherwise cooperate with Corporation in performing the services. During the term of this Agreement, Customer may obtain information (\"Reports\") regarding Customer's use of the Software and the quantity and handling of Online Messages routed to the Corporation System by accessing the Corporation System through a password-protected Web site made available by Corporation. Customer shall be responsible for maintaining the confidentiality of such passwords and shall permit only authorized employees of Customer to access the Corporation System. The Hosting Services, and the hosting fees specified in Exhibit [SPECIFY], do not include any deployment, training or other consulting or professional services which, if applicable, will be specified in a Statement of Work, signed by both parties, and incorporated herein by this reference. Customer Support Corporation will provide live telephone support to Customer [NUMBER] hours a day, [NUMBER] days a week by a trained Corporation in customer support representative. CUSTOMER'S RESPONSIBILITIES Customer agrees that it shall be responsible for providing and maintaining its own Internet access and all necessary telecommunications equipment, software and other materials (\"Customer Equipment\") at Customer's location necessary for accessing the Software and the Corporation System through the Internet. Customer agrees to notify Corporation of any changes in the Customer Equipment, including any system configuration changes or any hardware or software upgrades, which may affect the Hosting Services provided hereunder. The Corporation System is only to be used for lawful purposes. Customer agrees not to transmit, re-transmit or store materials on or through the Corporation System or the Software that are harmful to the Corporation System or Software, or in violation of any applicable laws or regulations, including without limitation laws relating to infringement of intellectual property and proprietary rights of others. To the extent that certain components of the Software may be downloaded to Customer's or User's computer as a result of accessing the Software as part of the Hosting Services, Corporation grants Customers a non-exclusive, non-transferable, limited license, with right to sublicense solely to Users, to use such Software only in connection with the Hosting Services. Neither Customer nor Users are otherwise permitted to use the Software, nor will Customer or Users disassemble, decompile or otherwise attempt to discern the source code of such Software. Customer agrees that, except as expressly set forth in this Section and in Section 11, it will not rent, lease, sublicense, re-sell, time-share or otherwise assign to any third party this Agreement or any of Customer's rights or licenses to access the Software or the Corporation System, nor shall Customer use, or authorize others to use, the Software, Hosting Services or the Corporation System to operate a service bureau. Notwithstanding the preceding sentence, Customer shall be permitted to provide access to the Corporation System to its employees and agents located worldwide. PROPRIETARY RIGHTS Except for the limited access right granted to Customer in this Agreement, all right, title and interest in and to the Software (including any and all modifications as a result of any implementation services rendered) and the Corporation System are and shall remain the exclusive property of Corporation and its licensors. Corporation acknowledges and agrees that the Online Messages are the property of Customer and that Corporation has only a limited right to use the Online Messages as set forth in the following sentence. Notwithstanding the foregoing, Corporation may access and disclose the Online Messages solely as necessary to provide the Hosting Services, to operate and maintain its systems, to comply with applicable laws and government orders and requests, and to protect itself and its customers. PRICING AND PAYMENT Customer agrees to pay the fees and other charges for the Hosting Services and other services provided under this Agreement as specified in Exhibit [SPECIFY] of this Agreement. CUSTOMER AGREES TO PAY FOR HOSTING SERVICES ON OR BEFORE THE [SPECIFY] DAY OF THE MONTH IN WHICH THE HOSTING SERVICES ARE PROVIDED, except that, with respect to Additional Fees (as defined in Exhibit [SPECIFY]), Corporation will invoice Customer for such Fees in the month after the month in which such fees accrue as provided in Exhibit [SPECIFY]. All amounts payable hereunder are exclusive of any and all taxes, and Customer is responsible for payment of such taxes (excluding taxes based on Corporation's net income). All prices are stated, and Customer shall pay, in [COUNTRY CURRENCY]. Payment received by Corporation after the due date shall be subject to a late fee equal to [NUMBER] and [PERCENTAGE %] percent per month, or, if less, the maximum amount allowed by applicable [YOUR COUNTRY LAW]. At the end of the initial [NUMBER]-year term of this Agreement and any subsequent [NUMBER]-year terms, Corporation may adjust the monthly fee payable under this Agreement by providing Customer written notice of such adjustment at least [NUMBER] days prior to the beginning of the new term. LIMITED WARRANTIES; DISCLAIMER OF WARRANTIES Corporation warrants and represents to Customer that (i) the Software will perform substantially in accordance with the documentation, if any, provided by Corporation to Customer, and (ii) the Hosting Services will be performed in a professional and workmanlike manner and in accordance with Section 2. In the event of Downtime (as defined in this Section below), as Customer's sole and exclusive remedy and Corporation's sole and exclusive liability, the monthly fee payable for the Hosting Services shall be reduced as follows: For the first [NUMBER] minutes of Downtime during Normal Business Hours or the first [NUMBER] hours of Downtime outside of Normal Business Hours (\"Initial Downtime\"), Corporation will credit Customer's account for [NUMBER] day of service. For each [NUMBER] hour period of Downtime per day in addition to the Initial Downtime, Corporation will credit Customer's account for [NUMBER] additional day of service. For the purposes of this Agreement, \"Downtime\" shall mean any interruption in the availability of Hosting Services to Customer (excluding scheduled interruptions of which Customer is notified [NUMBER] hours in advanced), only if such interruption is due either to: ",null,"Hosting Agreement","6",60,"doc","https://templates.business-in-a-box.com/imgs/1000px/hosting-agreement-D774.png","https://templates.business-in-a-box.com/imgs/250px/774.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#774.xml",{"title":6,"description":6},[16,19],{"label":17,"url":18},"Software & Technology","/templates/software-technology-business/",{"label":20,"url":21},"Legal Agreements","/templates/business-legal-agreements/","hosting agreement","Hosting Agreement Template","https://templates.business-in-a-box.com/imgs/400px/774.png",[26,16,19],{"label":27,"url":28},"Templates","/templates/",[30,31,32],{"label":27,"url":28},{"label":20,"url":21},{"label":33,"url":34},"Services & Consulting","/templates/services-and-consulting/",[36,40,44,48,52,56,60,64,68,72,76,80,84,101,116,128,143,157],{"label":37,"url":38,"thumb":39,"extension":10},"Web Site Hosting Agreement","/template/web-site-hosting-agreement-D776","https://templates.business-in-a-box.com/imgs/250px/776.png",{"label":41,"url":42,"thumb":43,"extension":10},"Checklist Website Hosting Agreement","/template/checklist-website-hosting-agreement-D770","https://templates.business-in-a-box.com/imgs/250px/770.png",{"label":45,"url":46,"thumb":47,"extension":10},"User Agreement for Web Hosting Services","/template/user-agreement-for-web-hosting-services-D775","https://templates.business-in-a-box.com/imgs/250px/775.png",{"label":49,"url":50,"thumb":51,"extension":10},"Equipment Placement Agreement","/template/equipment-placement-agreement-D773","https://templates.business-in-a-box.com/imgs/250px/773.png",{"label":53,"url":54,"thumb":55,"extension":10},"Domain Name Assignment Agreement","/template/domain-name-assignment-agreement-D771","https://templates.business-in-a-box.com/imgs/250px/771.png",{"label":57,"url":58,"thumb":59,"extension":10},"Domain Name Registration Agreement","/template/domain-name-registration-agreement-D772","https://templates.business-in-a-box.com/imgs/250px/772.png",{"label":61,"url":62,"thumb":63,"extension":10},"Website Design, Hosting and Commercial Services Agreement","/template/website-design-hosting-and-commercial-services-agreement-D824","https://templates.business-in-a-box.com/imgs/250px/824.png",{"label":65,"url":66,"thumb":67,"extension":10},"Non-Profit Partnership Agreement","/template/non-profit-partnership-agreement-D14023","https://templates.business-in-a-box.com/imgs/250px/14023.png",{"label":69,"url":70,"thumb":71,"extension":10},"Acquisition Agreement","/template/acquisition-agreement-D847","https://templates.business-in-a-box.com/imgs/250px/847.png",{"label":73,"url":74,"thumb":75,"extension":10},"Amalgamation Agreement","/template/amalgamation-agreement-D855","https://templates.business-in-a-box.com/imgs/250px/855.png",{"label":77,"url":78,"thumb":79,"extension":10},"Arbitration Agreement","/template/arbitration-agreement-D856","https://templates.business-in-a-box.com/imgs/250px/856.png",{"label":81,"url":82,"thumb":83,"extension":10},"Attorney Agreement","/template/attorney-agreement-D862","https://templates.business-in-a-box.com/imgs/250px/862.png",{"description":85,"descriptionCustom":6,"label":86,"pages":87,"size":88,"extension":10,"preview":89,"thumb":90,"svgFrame":91,"seoMetadata":92,"parents":93,"keywords":99,"url":100},"WEBSITE DESIGN AND DEVELOPMENT AGREEMENT - WORK FOR HIRE This Website Design and Development Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [DEVELOPER NAME] (the \"Developer\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Customer\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] Background Information The Developer is in the business of designing websites and has experience in the industry. The Customer wishes to have a website created meeting the specifications (Exhibit \"A\") set forth herein (\"Website\") and to make such website available through the Internet. The customer is the current registered owner of the Internet domain name [ADDRESS], which shall be the URL at which the Website shall be located. NOW THEREFORE, in consideration of the covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to the following: CREATION OF WEBSITE Engagement of Developer Customer hereby engages the services of the Developer for the purpose of designing, creating, testing and delivering a fully functional Website, to be delivered to the Customer in the form of Hypertext Markup Language (\"HTML\"), JAVA and/or FLASH languages, most current version, which meets the specifications set forth herein and which is fully ready and operational upon placement on a server and creation of necessary connections for availability on the World Wide Web. Delivery Responsibilities of the Customer Within [NUMBER] days from the date of execution of this Agreement, Customer will deliver the items listed in Exhibit \"B\" attached hereto to the Developer. The items described in Exhibit \"B\" shall include all content to be included in the Website, including but not limited to textual materials, logos, photographs, sound files, databases, video files and other Website content (\"Website Content\") required to be included in the Website as described in the specifications, but excluding those items that shall be the responsibility of the Developer to create as provided in Section 2.3 below. All such Website Content shall be delivered to Developer on 100mg \"Zip Disc. Logo files shall be in GIF format, photographs shall be in JPG format, written text shall be in [WORD PROCESSOR] format, video files shall be in MPEG format, and sound files shall be in Mp3 file format. Developer Created Content As provided in Section 2.2 above, the Customer shall be responsible for delivering all Website Content except for those items that Developer has specifically agreed to create pursuant to the terms of this Section 2.3. Developer shall have the obligation as part of its duties hereunder to create the Website Content listed in Exhibit \"C\" attached hereto. In developing the Website Content listed in Exhibit \"C\" hereto, Developer is authorized to utilize such subcontractors as Developer may desire. Site Plan and Site Mockup The Website to be designed by the Developer shall be in substantial conformity with the site map and Website \"mockup\" attached hereto as Exhibit \"D.\" Hidden Text Developer shall not include any hidden text or codes in the development of the Website except as specifically requested by the Customer. Notwithstanding the above, the Customer hereby directs the Developer to include Meta Tags on the Website which include the keywords set forth in Exhibit \"E\" attached hereto. Placement of Site During Development Developer shall create a password protected access site to make the Website available for review by the Customer periodically through the development stage. Developer will notify the Customer of the location of the Website and the method for gaining access to the Website. The password assigned to the Customer shall be unique to the Customer and shall not be provided by either party to any other party except the Customer and the Developer. Stages of Completion Developer shall use its reasonable efforts to meet the completion schedule attached hereto in Exhibit \"F.\" it is contemplated by the parties that the final completion and delivery date shall be as indicated on Exhibit \"F.\" However, Customer acknowledges and agrees that any changes or deviations in the specifications, site plan, mockups, graphics, or any other element of the Website, and Customer delays in fulfilling Customer's responsibilities, include delivering Site Content and promptly reviewing and commenting on completed work will lead to delays in the completion schedule. Form of Delivery The final Website shall be delivered to the Customer on 100mb Zip Disc. Links All links contained in the Website shall be tested and confirmed to be accurate prior to delivery of the final Website to the customer. Acceptance Period Customer shall have a period of [NUMBER] days following delivery of the final Website during which Customer may engage in testing of the Website. Customer shall notify the Developer no later than the [_th] day following delivery of any items contained in the Website that do not conform to specifications. In the event that the Customer does not so notify the Developer within the [NUMBER] day period, Customer shall be deemed to have accepted the Website in all respects. Correction of Deviations From Specification Developer shall have a period of [NUMBER] days following receipt of written notification from Customer as provided in Section 2.10 above to correct any items raised by the Customer into conformance with the specifications and to deliver such corrected items to the customer. Customer shall have a period of [NUMBER] days after delivery of the revisions to notify the Developer of any further non-conformance with the specifications. Developer shall have a period of [NUMBER] days after receipt of this notification to make corrections. This procedure shall continue until such time as Customer makes final acceptance of the Website. Back-Up Copy of Website Developer shall retain a backup of the Website files relative to the accepted Website for a period of [NUMBER] days following final acceptance by the Customer. Thereafter, Developer shall destroy all copies of the Customer's Website, unless Developer is providing hosting of the Customer's Site pursuant to a separate hosting Agreement. COMPENSATION FOR DEVELOPER SERVICES Development Fee In consideration of the services to be performed by the Developer hereunder, including the delivery of a completed Website meeting the specifications set forth and referred to herein, the Customer shall pay to Developer a total development fee (\"Development Fee\") equal to [AMOUNT], which shall be payable as set forth in the Schedule of Payment referred to in Section 3.2, below. Schedule of Payments Customer shall pay to Developer, upon execution of this Agreement, an amount equal to [AMOUNT] as the initial payment for Developer's services provided hereunder. Thereafter, the remainder of the Development Fee shall be paid to the Developer at the times described in the Schedule of Payments set forth and attached hereto as Exhibit \"G.\" Stages of Development; Invoice Upon achievement of the various stages of development that require an additional payment to be made to Developer, Developer shall notify the Customer in writing that such stage of development has been reached and shall deliver such deliverables that corresponds to that stage of development to the Customer, together with an invoice for the amount due at such stage of development. Customer shall make payment on such invoice within [NUMBER] days after receipt of such invoice.","Website Design Agreement","16",80,"https://templates.business-in-a-box.com/imgs/1000px/website-design-agreement-D821.png","https://templates.business-in-a-box.com/imgs/250px/821.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#821.xml",{"title":6,"description":6},[94,96],{"label":17,"url":95},"software-technology-business",{"label":97,"url":98},"E-Commerce","ecommerce-business","website design agreement","/template/website-design-agreement-D821",{"description":102,"descriptionCustom":6,"label":103,"pages":104,"size":105,"extension":10,"preview":106,"thumb":107,"svgFrame":108,"seoMetadata":109,"parents":111,"keywords":110,"url":115},"IT SERVICE AGREEMENT This IT Service Agreement (the \"Agreement\") is effective on [DATE], BETWEEN: [NAME OF THE SERVICE PROVIDER], (the \"Service Provider\"), an individual with their main address located at OR a Company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [NAME OF THE CLIENT], (the \"Client\"), an individual with their main address located at OR a Company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] Collectively, the Service Provider and Client shall be referred to as the \"Parties\" and individually as the \"Party.\" WHEREAS, the Service Provider is in the business of providing establishing, operating and managing Information Technology and suggesting solutions as the Client wishes, and the Client desires to hire the Service Provider for various IT services; and WHEREAS, the Client and Service Provider desire to enter into an Agreement, which will define respective rights and duties as to all services to be performed; WHEREAS, the Parties wish to evidence their contract in writing; WHEREAS, the Service Provider affirms to understand all of the provisions contained in this Agreement, and in case the Client requires clarification as to one or more of the provisions contained herein, it can request clarification or otherwise seek legal guidance; NOW, THEREFORE, in consideration and as a condition of the Parties entering into this Agreement and other valuable considerations, the receipt and sufficiency of which consideration is acknowledged, the Parties agree as follows: DEFINITIONS \"Intellectual Property\" shall mean any and all technology, technical information, technical data, inventions, invention disclosures, discoveries, processes, formulae, algorithms, know-how, software, designs, design elements, works of authorship, drawings, non-public materials and any other technical subject matter related thereto. Intellectual Property also includes all Intellectual Property rights or similar proprietary rights related to the foregoing, in any jurisdiction, whether owned or held for use under license, whether registered or unregistered, including (i) patent rights and utility models, (ii) copyrights and database rights, (iii) trademarks and trade dress and the goodwill associated therewith, (iv) trade secrets, (v) mask works, and (vi) industrial design rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing with or by any governmental authority in any jurisdiction. \"Service(s)\" shall mean the IT services being provided by the Service Provider to the Client under this Agreement. \"Confidential Information\" will include all data and information relating to the business and management of the Company, including but not limited to, Client lists, business policies, business strategies, proprietary and trade secret technology to which access is obtained by the Service Provider, including accounting records, computer software, other proprietary data, business operations, marketing development operations and customer information. \"Disclosing Party\" shall mean the Party who shall be disseminating the Confidential Information to the Receiving Party. \"Receiving Party\" shall mean the Party to whom the Confidential Information is disclosed. TERM The Client and the Service Provider agree that the present Agreement shall be in force from the [DATE] unless terminated by either of the Parties in accordance with the present Agreement. SCOPE OF THE AGREEMENT The Service Provider shall provide the IT Services and satisfy the responsibilities described in this Agreement as it may be supplemented, enhanced or modified, upon mutual written agreement of the Parties, during the Term. SERVICES WORK ORDER: The Service Provider agrees to provide IT Services to the Client in accordance with the terms and conditions of this Agreement. A description of the Services to be provided shall be set forth in one or more mutually agreed upon documents (hereinafter referred as \"Work Order\" or \"WO\"), each of which, upon execution by the Service Provider and the Client, shall become binding between the Parties and made a part hereof. Each Work Order entered into by the Parties in connection herewith shall be subject to, and the obligations of the Parties hereunder shall be performed in accordance with, the terms and conditions of this Agreement. Each Work Order shall: supplement and form a part of this Agreement, be read and construed as one with this Agreement, be deemed incorporated by reference herein. In the event of any conflict between the terms of this Agreement and any Work Order, the terms of this Agreement shall govern and control unless such Work Order expressly indicates otherwise. PERFORMANCE OF THE SERVICES The Service Provider agrees to perform the Services specified by the Client in a professional manner and in accordance with this Agreement. Notwithstanding the foregoing, the Client acknowledges that the Service Provider's ability to perform the Services will require the Client to timely perform certain tasks and provide certain tangible and intangible items. The Client hereby agrees to perform its obligations hereunder, and the Parties acknowledge that the Client's failure to perform such obligations may adversely affect the Service Provider's ability to meet its performance obligations under the conditions specified by the Client. In addition, the Service Provider shall not be deemed to be in default under this Agreement for any delays or failure to meet its obligations if based on the Client's actions, omissions or failure to meet its performance requirements. If any services, functions or responsibilities not specifically described in this Agreement are inherent subtasks of the Services and are reasonably necessary for provision of the Services, they shall be deemed to be implied by and included within the scope of the Services to the same extent and in the same manner as if specifically described in this Agreement. RELATIONSHIP OF PARTIES Nothing contained in this Agreement shall create an employer and employee relationship, a master and servant relationship, or a principal and agent relationship between the Service Provider and the Client. ASSIGNMENT The Parties shall not assign any rights under the present Agreement to any other Party without the mutual written consent of the Parties. Subject to the foregoing, this Agreement will be binding upon the Parties' heirs, executors, successors and assigns. PAYMENT The Service Provider shall invoice the Client monthly for time and material-based fees, as per the rates specified in the WO, for the Services. The invoices should be accompanied with the time sheets supporting monthly billing information, as the case may be, signed off by the Client. The Client shall pay the Service Provider amounts under an undisputed invoice within [NUMBER OF DAYS] days from the receipt by the Client of payment of the Service Provider's invoice to the Client in respect of the Services provided by the relevant Assigned Employees. The Service Provider shall be solely responsible for paying all expenses incurred by the Service Provider before, during and after the Term of this Agreement that are related in any way and manner to the fulfillment of the Service Provider's obligations flowing from this Agreement. All payments to the Service Provider are to be made in the currency specified in the WO, subject to deduction of tax at source, if any, or withholding taxes. On receipt of the invoices, the Client shall cross check the invoices and if it has a dispute in regard to the raised invoices, then it shall notify the Service Provider about the dispute in writing mandatorily within seven (7) days of the receipt of the invoice","IT Service Agreement","8",513,"https://templates.business-in-a-box.com/imgs/1000px/it-service-agreement-D13422.png","https://templates.business-in-a-box.com/imgs/250px/13422.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#13422.xml",{"title":110,"description":6},"it service agreement",[112,114],{"label":20,"url":113},"business-legal-agreements",{"label":20,"url":113},"/template/it-service-agreement-D13422",{"description":117,"descriptionCustom":6,"label":118,"pages":8,"size":105,"extension":10,"preview":119,"thumb":120,"svgFrame":121,"seoMetadata":122,"parents":124,"keywords":123,"url":127},"SERVICE AGREEMENT This SERVICE AGREEMENT (\"Agreement\") is effective [DATE], BETWEEN: [COMPANY NAME] (the \"Contractor\"), a company organized and existing under the laws of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [COMPANY NAME] (the \"Customer\"), a company organized and existing under the laws of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] (The Contractor and the Customer shall be individually referred to as a \"Party\" and collectively referred to as the \"Parties\", as the context may require). WHEREAS A. Contractor has experience and expertise in [DESCRIBE EXPERIENCE AND SERVICE]. B. Customer desires to have Contractor provide services for them. C. Contractor desires to provide services to Customer on the terms and conditions set forth herein (the \"Services\"). NOW THEREFORE, in consideration of the above recitals, the representations, warranties, and agreements contained in this Agreement and for other good and valuable consideration, the receipt and adequacy of which are now acknowledged, the Parties agree as follows: SERVICES PROVIDED Beginning on upon agreement to this contract, [CONTRACTOR] will provide to [CUSTOMER] the following service (collectively, the /Services\"): Description of the project: [DESCRIBE THE SERVICE REQUIRED]. SCOPE OF WORK Contractor agrees to provide Services pursuant to the Scope of Work set forth in Exhibit A attached hereto (the \"Scope of Work\"). TERM Unless both parties mutually agree on an extension, this contract will automatically terminate on [SPECIFY]. PERFORMANCE The parties agree to do everything possible to ensure that the terms of this Agreement take effect. PAYMENT FOR SERVICES In exchange for the Services rendered, a payment of [SPECIFY] will be made to the Contractor upon completion of the scheduled Services described in this Contract. If an invoice is not paid on the due date, interest will be added to the current balance. These amounts shall be payable, and the Customer shall pay all overdue amounts at the lesser of [SPECIFY] per cent per annum or the maximum percentage permitted by applicable law. Or Customer will pay Contractor as follows: [SPECIFY]. DELIVERY OF SERVICES The Contractor will exercise due diligence in the provision of services. However, the Customer acknowledges that the indicated delivery times and other payment milestones listed in Scope of Work are estimates and do not constitute final delivery dates. SECURITY The Contractor must make reasonable security arrangement to protect Material from unauthorized access, collection, use, alteration or disposal. OWNERSHIP RIGHT The Customer shall hold the copyright for the agreed version of the Services as delivered, and the Customer's copyright notice may be displayed in the final version. All works, ideas, discoveries, inventions, patents, products or other information that may be protected by copyright (collectively, the \"Work Product\" developed in whole or in part by the Contractor in connection with the Services, shall be the exclusive property of the Customer. Upon request, the Contractor shall execute all documents necessary to confirm or perfect the exclusive ownership of the Customer's \"Work Product\". The Contractor retains exclusive rights to pre-existing materials used in the Customer's projects. The Customer shall not have the right to reuse, resell or otherwise transfer material belonging to the contractor or third parties. The Contractor reserves the right to use the finished public product as an example of a product. RETURN OF PROPERTY Upon the expiry or termination of this Agreement, the Contractor will return to the Customer any property, documentation, records or Confidential Information which is the property of the Customer. COMPENSATION For all services rendered by the Contractor under this Agreement, the Customer shall indemnify the Contractor. In the event that the Customer fails to make any of the payments mentioned, the Contractor shall have the right, but shall not be obliged, to exercise any of the following remedies: ","Service Agreement","https://templates.business-in-a-box.com/imgs/1000px/service-agreement-D12711.png","https://templates.business-in-a-box.com/imgs/250px/12711.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12711.xml",{"title":123,"description":6},"service agreement",[125,126],{"label":20,"url":113},{"label":20,"url":113},"/template/service-agreement-D12711",{"description":129,"descriptionCustom":6,"label":130,"pages":131,"size":105,"extension":10,"preview":132,"thumb":133,"svgFrame":134,"seoMetadata":135,"parents":137,"keywords":136,"url":142},"NON-DISCLOSURE AGREEMENT (NDA) This Non-Disclosure Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Disclosing Party\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [RECEIVING PARTY NAME] (the \"Receiving Party\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, Receiving Party has been or will be engaged in the performance of work on [DESCRIBE]; and in connection therewith will be given access to certain confidential and proprietary information; and WHEREAS, Receiving Party and Disclosing Party wish to evidence by this Agreement the manner in which said confidential and proprietary material will be treated. NOW, THEREFORE, it is agreed as follows: NON-DISCLOSURE OF CONFIDENTIAL INFORMATION Both Parties understand and agree that each Party may have access to the confidential information of the other party. For the purposes of this Agreement, \"Confidential Information\" means proprietary and confidential information about the Disclosing Party's (or it's suppliers') business or activities. Such information includes all business, financial, technical, and other information marked or designated by such Party as \"confidential\" or \"proprietary.\" Confidential Information also includes information which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as confidential. For the purposes of this Agreement, Confidential Information does not include: Information that is currently in the public domain or that enters the public domain after the signing of this Agreement. Information a Party lawfully receives from a third Party without restriction on disclosure and without breach of a non-disclosure obligation. Information that the Receiving Party knew prior to receiving any Confidential Information from the Disclosing Party. Information that the Receiving Party independently develops without reliance on any Confidential Information from the Disclosing Party. Each Party agrees that it will not disclose to any third Party or use any Confidential Information disclosed to it by the other Party except when expressly permitted in writing by the other Party. Each Party also agrees that it will take all reasonable measures to maintain the confidentiality of all Confidential Information of the other Party in its possession or control. TERM The term of this Agreement is [number] of [years/months] from the date of execution by both Parties. TITLE The Receiving Party agrees that all Confidential Information furnished by the Disclosing Party shall remain the sole property of the Disclosing Party. DISCLAIMER","Non Disclosure Agreement Nda","3","https://templates.business-in-a-box.com/imgs/1000px/non-disclosure-agreement-nda-D12692.png","https://templates.business-in-a-box.com/imgs/250px/12692.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12692.xml",{"title":136,"description":6},"non disclosure agreement nda",[138,139],{"label":20,"url":113},{"label":140,"url":141},"Confidentiality Agreements","confidentiality-agreement","/template/non-disclosure-agreement-nda-D12692",{"description":144,"descriptionCustom":6,"label":145,"pages":8,"size":146,"extension":10,"preview":147,"thumb":148,"svgFrame":149,"seoMetadata":150,"parents":151,"keywords":155,"url":156},"INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement (\"Agreement\") is made and effective [Date], BETWEEN: [INDEPENDENT CONTRACTOR NAME] (the \"Independent Contractor\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Company\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] RECITALS Independent Contractor is engaged in providing [Describe] business services, its Employer Tax I.D. Number is [Insert], and its Business License Number is [insert]. Independent Contractor has complied with all Federal, State, and local laws regarding business permits, sales permits, licenses, reporting requirements, tax withholding requirements, and other legal requirements of any kind that may be required to carry out said business and the Scope of Work which is to be performed as an Independent Contractor pursuant to this Agreement. Independent Contractor is or remains open to conducting similar tasks or activities for clients other than the Company and holds themselves out to the public to be a separate business entity. Company desires to engage and contract for the services of the Independent Contractor to perform certain tasks as set forth below. Independent Contractor desires to enter into this Agreement and perform as an independent contractor for the company and is willing to do so on the terms and conditions set forth below. NOW, THEREFORE, in consideration of the above recitals and the mutual promises and conditions contained in this Agreement, the Parties agree as follows: TERMS This Agreement shall be effective commencing [Date], and shall continue until terminated at the completion of the Scope of Work which shall occur no later than [Date] or by either party as otherwise provided herein. STATUS OF INDEPENDENT CONTRACTOR This Agreement does not constitute a hiring by either party. It is the parties intentions that Independent Contractor shall have an independent contractor status and not be an employee for any purposes, including, but not limited to, [laws]. Independent Contractor shall retain sole and absolute discretion in the manner and means of carrying out their activities and responsibilities under this Agreement. This Agreement shall not be considered or construed to be a partnership or joint venture, and the Company shall not be liable for any obligations incurred by Independent Contractor unless specifically authorized in writing. Independent Contractor shall not act as an agent of the Company, ostensibly or otherwise, nor bind the Company in any manner, unless specifically authorized to do so in writing. TASKS, DUTIES, AND SCOPE OF WORK Independent Contractor agrees to devote as much time, attention, and energy as necessary to complete or achieve the following: [Describe]. The above to be referred to in this Agreement as the \"Scope of Work\". It is expected that the Scope of Work will completed by [Date]. Independent Contractor shall additionally perform any and all tasks and duties associated with the Scope of Work set forth above, including but not limited to, work being performed already or related change orders. Independent Contractor shall not be entitled to engage in any activities which are not expressly set forth by this Agreement. The books and records related to the Scope of Work set forth in this Agreement shall be maintained by the Independent Contractor at the Independent Contractor's principal place of business and open to inspection by Company during regular working hours. Documents to which Company will be entitled to inspect include, but are not limited to, any and all contract documents, change orders/purchase orders and work authorized by Independent Contractor or Company on existing or potential projects related to this Agreement. Independent Contractor shall be responsible to the management and directors of Company, but Independent Contractor will not be required to follow or establish a regular or daily work schedule. Supply all necessary equipment, materials and supplies. Independent Contractor will not rely on the equipment or offices of Company for completion of tasks and duties set forth pursuant to this Agreement. Any advice given Independent Contractors regarding the scope of work shall be considered a suggestion only, not an instruction. Company retains the right to inspect, stop, or alter the work of Independent Contractor to assure its conformity with this Agreement. ASSURANCE OF SERVICES Independent Contractor will assure that the following individuals (the \"Key Employees\") will be available to perform, and will perform, the Services hereunder until they are completed (identify by title and name as applicable): [Name of Key Employee, Title] [Name of Key Employee, Title] The Key Employees may be changed only with the prior written approval of the Company, which approval shall not be unreasonably withheld. COMPENSATION Independent Contractor shall be entitled to compensation for performing those tasks and duties related to the Scope of Work as follows: [Describe] Such compensation shall become due and payable to Independent Contractor in the following time, place, and manner: [Describe] NOTICE CONCERNING WITHHOLDING OF TAXES Independent Contractor recognizes and understands that it will receive a [specify tax] statement and related tax statements, and will be required to file corporate and/or individual tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Independent Contractor hereby promises and agrees to indemnify the Company for any damages or expenses, including attorney's fees, and legal expenses, incurred by the Company as a result of independent contractor's failure to make such required payments. AGREEMENT TO WAIVE RIGHTS TO BENEFITS Independent Contractor hereby waives and foregoes the right to receive any benefits given by Company to its regular employees, including, but not limited to, health benefits, vacation and sick leave benefits, profit sharing plans, etc. This waiver is applicable to all non-salary benefits which might otherwise be found to accrue to the Independent Contractor by virtue of their services to Company, and is effective for the entire duration of Independent Contractor's agreement with Company. This waiver is effective independently of Independent Contractor's employment status as adjudged for taxation purposes or for any other purpose. Neither this Agreement, nor any duties or obligations under this Agreement may be assigned by either party without the consent of the other. TERMINATION This Agreement may be terminated prior to the completion or achievement of the Scope of Work by either party giving [number] days written notice. Such termination shall not prejudice any other remedy to which the terminating party may be entitled, either by law, in equity, or under this Agreement. NON-DISCLOSURE OF TRADE SECRETS, CUSTOMER LISTS AND OTHER PROPRIETARY INFORMATION Independent Contractor agrees not to disclose or communicate, in any manner, either during or after Independent Contractor's agreement with Company, information about Company, its operations, clientele, or any other information, that relate to the business of Company including, but not limited to, the names of its customers, its marketing strategies, operations, or any other information of any kind which would be deemed confidential, a trade secret, a customer list, or other form of proprietary information of Company. Independent Contractor acknowledges that the above information is material and confidential and that it affects the profitability of Company. ","Independent Contractor Agreement",62,"https://templates.business-in-a-box.com/imgs/1000px/independent-contractor-agreement-D160.png","https://templates.business-in-a-box.com/imgs/250px/160.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#160.xml",{"title":6,"description":6},[152],{"label":153,"url":154},"Consultant & Contractors","consulting-contractor-business","independent contractor agreement","/template/independent-contractor-agreement-D160",{"description":158,"descriptionCustom":6,"label":159,"pages":131,"size":105,"extension":10,"preview":160,"thumb":161,"svgFrame":162,"seoMetadata":163,"parents":165,"keywords":164,"url":172},"DATA PROCESSING AGREEMENT This Data Processing Agreement (\"Agreement\") is entered into effect as of [DATE], BETWEEN: [DATA CONTROLLER NAME], (\"Data Controller\") an individual with their main address located at OR a team leader of a group organized within the [Company/Organization] of [COMPANY/ORGANIZATION NAME], with its office located at: [COMPLETE ADDRESS] AND: [DATA PROCESSOR NAME], (\"Data Processor\") an individual with their main address located at OR a member of the team organized within the [Company/Organization] of [COMPANY/ORGANIZATION NAME], with their address located at: [COMPLETE ADDRESS] RECITALS: WHEREAS, the Data Controller is engaged in [DESCRIPTION OF BUSINESS ACTIVITY], and in connection therewith, collects and processes Personal Data; WHEREAS, the Data Controller wishes to engage the Data Processor to perform certain services which require the processing of Personal Data on behalf of the Data Controller; WHEREAS, the parties seek to ensure compliance with the relevant data protection laws and regulations in the processing of Personal Data; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: DEFINITIONS AND INTERPRETATION \"Personal Data\" means any information relating to an identified or identifiable natural person ('Data Subject') that is processed by the Data Processor on behalf of the Data Controller as a result of the services provided under this Agreement. \"Processing\" encompasses any operation performed on Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction. Definitions of \"Data Subject\", \"Controller\", \"Processor\", and \"Supervisory Authority\" shall be in accordance with the definitions provided by the relevant data protection laws and regulations. SCOPE AND PURPOSE OF DATA PROCESSING 2.1 The Data Processor agrees to process Personal Data solely for the purpose of [SPECIFY SERVICES] and strictly within the documented instructions received from the Data Controller, unless required by law to which the Data Processor is subject","Data Processing Agreement","https://templates.business-in-a-box.com/imgs/1000px/data-processing-agreement-D13954.png","https://templates.business-in-a-box.com/imgs/250px/13954.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#13954.xml",{"title":164,"description":6},"data processing agreement",[166,169],{"label":167,"url":168},"Finance & Accounting","finance-accounting",{"label":170,"url":171},"Shareholders & Investors","shareholders-investors","/template/data-processing-agreement-D13954",false,{"seo":175,"reviewer":187,"legal_disclaimer":191,"quick_facts":192,"at_a_glance":194,"personas":198,"variants":223,"glossary":250,"clauses":284,"how_to_fill":335,"common_mistakes":376,"faqs":401,"industries":429,"comparisons":454,"diy_vs_lawyer":469,"jurisdictions":482,"related_template_ids_curated":503,"schema":516,"classification":517},{"meta_title":176,"meta_description":177,"primary_keyword":178,"secondary_keywords":179},"Hosting Agreement Template | BIB","Free hosting agreement template for web hosting, event hosting, and server services. Covers SLAs, uptime, liability, fees, and termination.","hosting agreement template",[180,181,182,183,184,185,186],"hosting agreement template word","hosting agreement template free","web hosting agreement","hosting services contract template","hosting contract template","hosting services agreement","server hosting contract",{"name":188,"credential":189,"reviewed_date":190},"Bruno Goulet","CEO, Business in a Box","2026-05-02",true,{"difficulty":193,"legal_review_recommended":191,"signature_required":191,"notarization_required":173},"medium",{"what_it_is":195,"when_you_need_it":196,"whats_inside":197},"A Hosting Agreement is a legally binding contract between a hosting service provider and a client that defines the terms under which server space, infrastructure, or platform resources are made available. This free Word download covers uptime commitments, service-level expectations, fees, acceptable use, data ownership, liability limits, and termination — all in a single editable document you can export as PDF and execute immediately.\n","Use it whenever you provide or procure hosting services — whether for a website, application, database, or managed server environment — and need enforceable obligations on uptime, support response times, data handling, and billing in writing before services go live.\n","Parties and service description, uptime and SLA commitments, fees and billing cycle, acceptable use policy, data ownership and backups, intellectual property, liability limitation and indemnification, termination and data return, confidentiality, and governing law.\n",[199,203,207,211,215,219],{"title":200,"use_case":201,"icon_asset_id":202},"Web hosting providers","Formalizing the service terms given to every new hosting customer","persona-web-hosting-provider",{"title":204,"use_case":205,"icon_asset_id":206},"SaaS companies","Governing managed infrastructure or platform services sold to enterprise clients","persona-saas-founder",{"title":208,"use_case":209,"icon_asset_id":210},"Managed service providers","Documenting server, cloud, or colocation arrangements with SMB clients","persona-it-consultant",{"title":212,"use_case":213,"icon_asset_id":214},"Small business owners","Establishing clear terms before entrusting a third party with their website or app data","persona-small-business-owner",{"title":216,"use_case":217,"icon_asset_id":218},"Freelance developers and agencies","Setting up ongoing hosting arrangements for client websites after project delivery","persona-freelancer",{"title":220,"use_case":221,"icon_asset_id":222},"IT procurement managers","Reviewing and standardizing hosting contracts across multiple vendor relationships","persona-operations-director",[224,228,232,236,240,243,247],{"situation":225,"recommended_template":226,"slug":227},"Providing shared or dedicated web hosting to multiple customers","Web Hosting Agreement","hosting-agreement-D774",{"situation":229,"recommended_template":230,"slug":231},"Hosting a client's application on dedicated managed servers","Managed Hosting Services Agreement","user-agreement-for-web-hosting-services-D775",{"situation":233,"recommended_template":234,"slug":235},"Providing cloud infrastructure resources on a pay-as-you-go basis","Cloud Services Agreement","cloud-service-agreement-D13921",{"situation":237,"recommended_template":238,"slug":239},"Co-locating a client's physical hardware in a data center","Colocation Agreement","non-profit-partnership-agreement-D14023",{"situation":241,"recommended_template":242,"slug":227},"Offering a software platform to clients who also need hosting included","SaaS Agreement with Hosting Addendum",{"situation":244,"recommended_template":245,"slug":246},"Reselling a third-party hosting provider's infrastructure to end clients","Reseller Hosting Agreement","reseller-agreement-D5202",{"situation":248,"recommended_template":249,"slug":227},"Hosting an event or conference with venue and logistics responsibilities","Event Hosting Agreement",[251,254,257,260,263,266,269,272,275,278,281],{"term":252,"definition":253},"Service Level Agreement (SLA)","A contractual commitment specifying minimum performance standards — typically uptime percentage, response time, and resolution time — with defined remedies if the provider falls short.",{"term":255,"definition":256},"Uptime Guarantee","The minimum percentage of time the hosting service will be operational in a given measurement period, typically expressed as 99.9% or higher on a monthly basis.",{"term":258,"definition":259},"Acceptable Use Policy (AUP)","A set of rules governing what content and activities are permitted on the hosted infrastructure, prohibiting spam, illegal content, and resource abuse.",{"term":261,"definition":262},"Bandwidth","The volume of data transferred between the hosted environment and end users over a given period, often measured in gigabytes or terabytes per month.",{"term":264,"definition":265},"Data Portability","The client's right to export or retrieve their data in a usable format, typically triggered upon contract termination or provider request.",{"term":267,"definition":268},"Force Majeure","A clause excusing a party from performance obligations caused by events outside their reasonable control, such as natural disasters, cyberattacks, or government actions.",{"term":270,"definition":271},"Limitation of Liability","A clause capping the maximum financial exposure of the provider, typically expressed as a multiple of fees paid in the prior 3 or 12 months.",{"term":273,"definition":274},"Indemnification","A contractual obligation by one party to compensate the other for losses or legal claims arising from a defined category of acts or failures.",{"term":276,"definition":277},"Data Residency","The requirement that client data be stored and processed within a specified geographic jurisdiction, often driven by regulatory compliance needs.",{"term":279,"definition":280},"Termination for Cause","The right to end the agreement immediately and without penalty upon a material breach — such as AUP violation, non-payment, or insolvency — by the other party.",{"term":282,"definition":283},"Auto-Renewal","A contract term that automatically extends the agreement for a successive period unless either party provides written cancellation notice within a defined window before expiry.",[285,290,295,300,305,310,315,320,325,330],{"name":286,"plain_english":287,"sample_language":288,"common_mistake":289},"Parties and service description","Identifies the provider and client by legal name and describes the specific hosting services being provided — server type, environment, and any included features.","This Hosting Agreement is entered into as of [DATE] between [PROVIDER LEGAL NAME], a [STATE/PROVINCE] [ENTITY TYPE] ('Provider'), and [CLIENT LEGAL NAME], a [STATE/PROVINCE] [ENTITY TYPE] ('Client'). Provider agrees to furnish the hosting services described in Schedule A ('Services') to Client.","Using brand names or trading names instead of registered legal entity names. This creates enforcement ambiguity if the provider operates under multiple brands or the client disputes responsibility.",{"name":291,"plain_english":292,"sample_language":293,"common_mistake":294},"Service level agreement and uptime commitment","States the minimum uptime percentage the provider guarantees, the measurement window, what counts as downtime, and the service credits the client receives if the guarantee is missed.","Provider guarantees a monthly uptime of [99.9]% for the Services, excluding Scheduled Maintenance. For each full hour of excess downtime, Client shall receive a service credit equal to [X]% of the monthly fee, up to a maximum of [30]% of fees paid in the affected month.","Defining uptime without specifying what is excluded — scheduled maintenance, DDoS attacks, and third-party outages are commonly carved out, but if that language is missing, the provider is exposed for events it cannot control.",{"name":296,"plain_english":297,"sample_language":298,"common_mistake":299},"Fees, billing, and payment terms","Specifies the hosting fee, billing frequency, accepted payment methods, late payment interest, and the provider's right to suspend services for non-payment.","Client shall pay Provider a monthly fee of $[AMOUNT] due on the [1st] day of each month. Invoices not paid within [15] days are subject to interest at [1.5]% per month. Provider may suspend Services upon [5] days' written notice if payment is [30] or more days overdue.","Not including a specific suspension notice period before termination. Immediately cutting off a client's live environment without notice creates liability and reputational damage — even if the contract technically permits it.",{"name":301,"plain_english":302,"sample_language":303,"common_mistake":304},"Acceptable use policy","Defines prohibited uses of the hosting environment — including spam, illegal content, cryptocurrency mining, and resource abuse — and gives the provider the right to suspend immediately for AUP violations.","Client shall not use the Services to transmit spam, host malware, conduct unauthorized network scanning, mine cryptocurrency, or store or distribute content that violates applicable law. Provider may suspend Services immediately upon discovering an AUP violation, without prior notice.","Omitting cryptocurrency mining and resource-intensive automated tasks from the AUP. These activities were not common concerns in older templates but can consume server resources that degrade other clients' environments and trigger provider liability.",{"name":306,"plain_english":307,"sample_language":308,"common_mistake":309},"Data ownership and backups","Confirms that the client owns all data stored on the provider's infrastructure and states the provider's obligations — if any — to back up that data, including frequency, retention period, and restoration SLA.","Client retains exclusive ownership of all data stored on the hosted environment ('Client Data'). Provider shall perform automated backups of Client Data [daily], with a retention period of [30] days. Restoration requests will be fulfilled within [4] business hours.","Treating backup as an implied service rather than a documented obligation. When a provider performs no backups and the client loses data, the absence of a backup clause is not a defense — courts have found implied duties of care in certain jurisdictions.",{"name":311,"plain_english":312,"sample_language":313,"common_mistake":314},"Intellectual property","Clarifies that neither party gains ownership of the other's pre-existing IP through the agreement, and that any platform software or tools the provider uses remain the provider's property.","Client retains all rights to Client Data and Client-owned software. Provider retains all rights to its hosting platform, proprietary tools, and infrastructure software. No license is granted to either party beyond what is necessary to perform the Services.","Failing to address third-party software dependencies — open-source components or licensed tools deployed on the provider's stack. If the client is responsible for their own licensing compliance, that should be stated explicitly.",{"name":316,"plain_english":317,"sample_language":318,"common_mistake":319},"Limitation of liability and indemnification","Caps the provider's total financial exposure and allocates responsibility for third-party claims arising from each party's acts or failures.","Provider's total aggregate liability under this Agreement shall not exceed the fees paid by Client in the [3] months preceding the event giving rise to the claim. Client shall indemnify Provider against third-party claims arising from Client Data or Client's violation of the AUP.","Setting the liability cap as a percentage of annual fees without a floor. If the client pays $50/month, a 3-month cap is $150 — which may be inadequate and unenforceable in some jurisdictions for gross negligence.",{"name":321,"plain_english":322,"sample_language":323,"common_mistake":324},"Term, renewal, and termination","Sets the initial contract period, auto-renewal conditions, notice requirements for cancellation, and each party's termination rights — including immediate termination for cause and termination for convenience.","This Agreement commences on [START DATE] and continues for [12] months ('Initial Term'), automatically renewing for successive [12]-month periods unless either party provides [30] days' written notice of non-renewal prior to the end of the then-current term. Either party may terminate for material breach upon [15] days' written notice if the breach is not cured.","Auto-renewal clauses with no notice window — or a notice window shorter than most billing cycles. A client who misses a 7-day cancellation window and gets locked into another annual term will dispute the charge and may succeed in jurisdictions with consumer protection statutes.",{"name":326,"plain_english":327,"sample_language":328,"common_mistake":329},"Data return and deletion upon termination","Requires the provider to make the client's data available for export for a defined period after termination and to delete all copies of client data after that window closes.","Upon termination, Provider shall make Client Data available for download for [30] days. After such period, Provider shall permanently delete all Client Data and, upon request, provide written confirmation of deletion within [5] business days.","No data deletion confirmation requirement. In jurisdictions subject to GDPR or PIPEDA, the provider's obligation to delete personal data and confirm deletion is a compliance requirement — not just a courtesy.",{"name":331,"plain_english":332,"sample_language":333,"common_mistake":334},"Governing law and dispute resolution","Specifies which jurisdiction's law governs the contract, the forum for disputes, and whether disputes go to arbitration, mediation, or court.","This Agreement is governed by the laws of [STATE / PROVINCE / COUNTRY], without regard to its conflict of laws provisions. Any dispute not resolved by good-faith negotiation within [30] days shall be submitted to binding arbitration in [CITY] under the rules of [AAA / JAMS / applicable body], except claims for injunctive relief.","Choosing a governing law with no meaningful connection to where either party operates. Some jurisdictions — notably California — apply local consumer protection law regardless of a contractual choice-of-law clause, invalidating terms the provider expected to rely on.",[336,341,346,351,356,361,366,371],{"step":337,"title":338,"description":339,"tip":340},1,"Enter both parties' registered legal names","Use the full legal entity name — as it appears in corporate registry filings — for both provider and client. Include entity type (LLC, Inc., Ltd.) and state or province of registration.","For individual clients, include both their legal name and their business trading name if services are provided to a sole trader operating under a brand.",{"step":342,"title":343,"description":344,"tip":345},2,"Define the services in Schedule A","Move granular service specifications — server type, storage allocation, operating system, control panel access, and included support hours — to a separate Schedule A rather than embedding them in the agreement body. This lets you update service tiers without amending the core contract.","Reference the schedule clearly: 'as described in Schedule A, incorporated by reference' — otherwise a court may treat the schedule as a non-binding appendix.",{"step":347,"title":348,"description":349,"tip":350},3,"Set the uptime guarantee and service credit formula","Enter the monthly uptime percentage you can realistically commit to and calculate the service credit rate per hour of excess downtime. Cross-check your infrastructure provider's own SLA to ensure you are not promising more than your upstream allows.","Cap total service credits at 30% of the monthly fee — uncapped credit obligations can exceed the contract value if a major outage occurs.",{"step":352,"title":353,"description":354,"tip":355},4,"Complete the fee, billing cycle, and suspension terms","State the exact dollar amount, billing frequency, due date, and late payment interest rate. Set a specific number of days for the payment-overdue notice period before suspension is permitted.","Match the suspension notice period to your billing cycle — a 5-day notice on a monthly bill gives the client one business week to resolve a payment issue before their environment goes offline.",{"step":357,"title":358,"description":359,"tip":360},5,"Tailor the acceptable use policy to your infrastructure","Review the default AUP prohibitions and add or remove items that reflect your specific server environment. Cloud environments, shared hosting, and dedicated servers have different resource-abuse profiles.","Explicitly prohibit content types that could expose your infrastructure to legal liability in your jurisdiction — adult content, unlicensed software, and gambling platforms all carry platform-specific regulatory risk.",{"step":362,"title":363,"description":364,"tip":365},6,"Set backup frequency, retention, and restoration SLAs","Enter the backup schedule (daily, weekly), how many days of backups are retained, and the business-hours window within which you commit to restoring a backup on client request.","If you do not offer managed backups, state explicitly that backup is the client's sole responsibility — ambiguity here leads to the most common hosting dispute.",{"step":367,"title":368,"description":369,"tip":370},7,"Set the term, auto-renewal, and cancellation notice window","Choose the initial term length, the auto-renewal period, and the advance notice window a client must give to cancel. Ensure the notice window is long enough to allow orderly off-boarding.","A 30-day cancellation notice on an annual contract is the market standard. Shorter windows benefit the client; longer windows benefit the provider but are frequently disputed.",{"step":372,"title":373,"description":374,"tip":375},8,"Sign before services go live","Both parties should execute the agreement before the hosting environment is provisioned or handed over. Executing after the client's site is already live weakens the enforceability of AUP and liability-limitation clauses.","Use a timestamped electronic signature to establish the exact execution date — this matters when the auto-renewal calendar and any SLA measurement period are calculated from the commencement date.",[377,381,385,389,393,397],{"mistake":378,"why_it_matters":379,"fix":380},"No explicit backup responsibility clause","When a client loses data and the contract is silent on backup obligations, courts in several jurisdictions have imposed an implied duty of care on providers — exposing them to losses far exceeding the contract value.","State explicitly either that the provider performs automated backups on a defined schedule or that backup is entirely the client's responsibility. Ambiguity is the worst outcome for both parties.",{"mistake":382,"why_it_matters":383,"fix":384},"Uptime guarantee with no excluded events","A bare 99.9% uptime promise without carve-outs for scheduled maintenance, DDoS attacks, and upstream provider failures means every outage — regardless of cause — counts against the SLA.","Define 'Downtime' precisely and list the events excluded from the measurement, including scheduled maintenance windows (with advance-notice requirements), force majeure events, and third-party network failures.",{"mistake":386,"why_it_matters":387,"fix":388},"Auto-renewal with no advance notice requirement","Clients who miss an undisclosed auto-renewal date and are billed for another annual term frequently initiate chargebacks or disputes. In several EU member states and US states, auto-renewal clauses without clear disclosure and cancellation instructions are unenforceable.","Include a specific cancellation notice window — at least 30 days before renewal — and consider sending a renewal reminder email 45 days before the renewal date as a best practice.",{"mistake":390,"why_it_matters":391,"fix":392},"Liability cap set without a minimum floor","A cap expressed only as a multiple of fees paid creates near-zero exposure for low-cost plans — $150 on a $50/month contract — which courts may find unconscionable or commercially unreasonable for enterprise data loss scenarios.","Set a floor amount (e.g., 'the lesser of $5,000 or 3 months' fees') so the cap is meaningful without being open-ended. Calibrate to the risk profile of the data you are hosting.",{"mistake":394,"why_it_matters":395,"fix":396},"AUP limited to illegal content only","An AUP that only prohibits illegal activity does not address legal but resource-intensive uses — cryptocurrency mining, large-scale scraping, or continuous video transcoding — that can degrade shared infrastructure and trigger upstream provider penalties.","Add explicit prohibitions on excessive resource consumption, automated high-volume tasks, and any activity that degrades service for other users on shared environments.",{"mistake":398,"why_it_matters":399,"fix":400},"No data return period after termination","Without a defined window for data export, a terminated client has no contractual right to retrieve their own files — leading to disputes, legal threats, and regulatory exposure under data protection laws that require data portability.","Include a minimum 30-day post-termination export window and a written confirmation of deletion upon client request. Align this with your data retention obligations under applicable privacy law.",[402,405,408,411,414,417,420,423,426],{"question":403,"answer":404},"What is a hosting agreement?","A hosting agreement is a legally binding contract between a service provider and a client that governs the provision of server space, infrastructure, or platform resources. It defines uptime commitments, fees, acceptable use rules, data ownership, liability limits, and termination conditions. It differs from a general service agreement in that it specifically addresses SLA metrics, backup obligations, and data portability — issues unique to hosted environments.\n",{"question":406,"answer":407},"When do I need a hosting agreement?","You need a hosting agreement any time you provide or purchase ongoing hosting services — whether for a website, web application, database, or managed server. It should be signed before the hosting environment is provisioned or the client's content goes live. Operating without one means uptime, backup, liability, and termination obligations are undefined — and courts will fill those gaps with jurisdiction-specific defaults that may not favor either party.\n",{"question":409,"answer":410},"What should a hosting agreement include?","A complete hosting agreement covers: a description of the services, an uptime SLA with service credit formula, fee and billing terms, an acceptable use policy, data ownership and backup obligations, a liability cap and indemnification, term and auto-renewal conditions, a data return and deletion procedure upon termination, and governing law. Missing the backup and data return clauses are the two most common gaps that generate disputes.\n",{"question":412,"answer":413},"What is a typical uptime SLA for hosting agreements?","The industry standard for commercial hosting services is 99.9% monthly uptime, which permits approximately 43 minutes of unplanned downtime per month. Higher-tier services often commit to 99.95% or 99.99%. The SLA should specify what counts as downtime, what events are excluded, and the service credit formula — typically a percentage of the monthly fee per hour of excess downtime, capped at 30% of monthly fees.\n",{"question":415,"answer":416},"Who owns the data stored on a hosted server?","The client owns all data they store on the hosting environment. A properly drafted hosting agreement states this explicitly and confirms that the provider acquires no rights to the client's data beyond what is necessary to deliver the services. Data ownership language also supports compliance with GDPR, PIPEDA, and other data protection frameworks that require clear identification of the data controller.\n",{"question":418,"answer":419},"What happens to client data when a hosting agreement ends?","The contract should require the provider to make client data available for export for a defined period after termination — typically 30 days — and then permanently delete all copies. Under GDPR and similar privacy laws, the provider must confirm deletion in writing upon request. Without a data return clause, the client has no enforceable right to retrieve their files, and the provider has no clear obligation to delete personal data it no longer has a lawful basis to retain.\n",{"question":421,"answer":422},"Can a hosting provider limit its liability for data loss?","Yes — a limitation of liability clause is standard in hosting agreements and generally enforceable in most jurisdictions when the cap bears a reasonable relationship to the contract value. Typically the cap is set at 3–12 months of fees paid. However, courts in the UK, EU, and some Canadian provinces will not enforce liability caps for gross negligence or willful misconduct, and consumer contracts in the EU face additional scrutiny under the Unfair Contract Terms Directive.\n",{"question":424,"answer":425},"Is a hosting agreement required for a small business website?","No law requires it, but any ongoing hosting arrangement — even a simple shared-hosting plan for a small business site — benefits from a written agreement that documents uptime expectations, backup responsibilities, and what happens to the site's files if the relationship ends. Many small business disputes arise from a provider claiming no backup obligation and a client discovering their site data is gone.\n",{"question":427,"answer":428},"Do I need a lawyer to draft a hosting agreement?","For standard B2B hosting arrangements, a high-quality template is usually sufficient. Consider engaging a lawyer when the client's data is sensitive (medical, financial, or personal data at scale), when the contract value exceeds $50,000 annually, when the client operates in a heavily regulated jurisdiction, or when GDPR or CCPA data processing obligations need to be specifically addressed in a data processing addendum.\n",[430,434,438,442,446,450],{"industry":431,"icon_asset_id":432,"specifics":433},"Technology / SaaS","industry-saas","Platform-as-a-service arrangements require specific data residency clauses, multi-tenant liability allocation, and API rate-limit terms embedded in the SLA.",{"industry":435,"icon_asset_id":436,"specifics":437},"Healthcare","industry-healthtech","Hosting agreements for healthcare clients must incorporate HIPAA Business Associate Agreement requirements, audit logging obligations, and specific data encryption standards.",{"industry":439,"icon_asset_id":440,"specifics":441},"E-commerce / Retail","industry-ecommerce","PCI DSS compliance obligations, peak-traffic capacity commitments around seasonal events, and uptime guarantees tied to transaction processing windows are standard additions.",{"industry":443,"icon_asset_id":444,"specifics":445},"Professional Services","industry-professional-services","Law firms, accountants, and consultancies require data confidentiality provisions that exceed standard AUPs, along with strict data residency requirements and named-user access controls.",{"industry":447,"icon_asset_id":448,"specifics":449},"Media and Publishing","industry-media","High-bandwidth content delivery, CDN integration terms, content takedown procedures, and copyright indemnification clauses are critical for media hosting arrangements.",{"industry":451,"icon_asset_id":452,"specifics":453},"Financial Services","industry-fintech","Regulatory audit rights, data sovereignty requirements, enhanced encryption standards, and contractual penetration testing obligations are typically required by financial regulators.",[455,458,462,466],{"vs":252,"vs_template_id":456,"summary":457},"D{SLA_TEMPLATE_ID}","An SLA is a performance appendix that defines uptime targets, response times, and remedies — but it is not a standalone contract. A hosting agreement is the governing contract that incorporates the SLA as a component. You need both: the hosting agreement sets the legal framework; the SLA sets the measurable performance obligations within it.",{"vs":459,"vs_template_id":460,"summary":461},"Website Development Agreement","web-design-agreement-D12718","A website development agreement governs a one-time project — design, build, and handover. A hosting agreement governs the ongoing maintenance and availability of that site after launch. Many agencies use both: a development agreement for the build phase and a hosting agreement for the post-launch service relationship.",{"vs":463,"vs_template_id":464,"summary":465},"IT Services Agreement","it-services-agreement-D13639","An IT services agreement covers a broad range of managed technology services — helpdesk, device management, network administration. A hosting agreement is narrower, focused specifically on server infrastructure and data availability. If a managed service provider offers both hosting and broader IT support, a combined MSA with a hosting schedule is more appropriate.",{"vs":234,"vs_template_id":467,"summary":468},"D{CLOUD_SERVICES_AGREEMENT_ID}","A cloud services agreement governs infrastructure provided on a consumption or subscription basis — compute, storage, and networking billed per unit used. A hosting agreement typically covers a fixed-capacity arrangement for a specific environment. The distinction matters for billing structure: hosting fees are predictable and flat; cloud fees are variable and usage-based.",{"use_template":470,"template_plus_review":474,"custom_drafted":478},{"best_for":471,"cost":472,"time":473},"Small to mid-size hosting providers, freelance developers, and agencies offering standard website or application hosting to SMB clients","Free","30–60 minutes",{"best_for":475,"cost":476,"time":477},"Providers hosting sensitive data, healthcare or financial clients, or contracts exceeding $20,000 annually","$400–$800","2–4 days",{"best_for":479,"cost":480,"time":481},"Enterprise hosting arrangements, multi-jurisdiction data residency requirements, HIPAA or PCI DSS compliance, or white-label hosting platforms","$2,000–$6,000+","2–4 weeks",[483,488,493,498],{"code":484,"name":485,"flag_asset_id":486,"note":487},"us","United States","flag-us","No single federal law governs hosting agreements, but CCPA (California), HIPAA (healthcare data), and the CFAA (unauthorized computer access) all intersect with hosting terms. Liability caps and auto-renewal clauses are subject to state-specific consumer protection statutes — California, New York, and Illinois have disclosure requirements for auto-renewal provisions in consumer contracts. Choice-of-law clauses are generally enforceable in B2B contexts.",{"code":489,"name":490,"flag_asset_id":491,"note":492},"ca","Canada","flag-ca","PIPEDA (federally) and provincial privacy laws such as Quebec's Law 25 impose specific obligations on hosting providers handling personal data, including data breach notification and cross-border transfer restrictions. Quebec's Law 25 requires a Privacy Impact Assessment for personal data transferred outside Quebec. Auto-renewal clauses must be clearly disclosed under consumer protection legislation in several provinces, including Ontario and British Columbia.",{"code":494,"name":495,"flag_asset_id":496,"note":497},"uk","United Kingdom","flag-uk","The UK GDPR and Data Protection Act 2018 require a Data Processing Agreement between the hosting provider (as data processor) and the client (as data controller) when personal data is stored. Liability caps excluding losses caused by data breaches may be challenged under the Consumer Rights Act 2015 for consumer contracts. Post-Brexit, UK-to-EU data transfers require either an adequacy decision or Standard Contractual Clauses.",{"code":499,"name":500,"flag_asset_id":501,"note":502},"eu","European Union","flag-eu","GDPR Article 28 mandates a written Data Processing Agreement as a legal prerequisite for any hosting arrangement involving EU personal data. Hosting providers acting as data processors must implement technical and organizational measures, support the client's data subject rights obligations, and accept audit rights. The EU AI Act may impose additional obligations on hosting providers whose infrastructure supports AI model training or inference. Unfair contract terms protections under the Unfair Contract Terms Directive limit the enforceability of overly broad liability exclusions in consumer contexts.",[504,505,506,507,508,509,510,511,512,513,514,515],"website-design-agreement-D821","it-service-agreement-D13422","service-agreement-D12711","non-disclosure-agreement-nda-D12692","independent-contractor-agreement-D160","data-processing-agreement-D13954","master-service-agreement-D12657","website-service-agreement-terms-of-use-D840","data-privacy-policy-D13465","software-license-agreement-D12928","saas-agreement-D12704","administrative-services-agreement-D850",{"emit_how_to":191,"emit_defined_term":191},{"primary_folder":113,"secondary_folder":518,"document_type":519,"industry":520,"business_stage":521,"tags":522,"confidence":528},"services-and-consulting","agreement","software-and-technology","all-stages",[523,524,525,526,527],"contract","hosting-agreement","service-level-agreement","infrastructure","terms-and-conditions",0.85,"\u003Ch2>What is a Hosting Agreement?\u003C/h2>\n\u003Cp>A \u003Cstrong>Hosting Agreement\u003C/strong> is a legally binding contract between a hosting service provider and a client that governs the terms under which server space, infrastructure, or platform resources are made available. It establishes enforceable obligations on both sides: the provider commits to specific uptime levels, backup procedures, and support response times; the client commits to acceptable use, timely payment, and compliance with the provider's platform rules. Unlike a general service contract, a hosting agreement addresses the specific risks of an always-on, data-dependent service — what happens during an outage, who owns the stored data, and how the client retrieves their files if the relationship ends.\u003C/p>\n\u003Ch2>Why You Need This Document\u003C/h2>\n\u003Cp>Operating a hosting arrangement without a written agreement leaves both parties exposed to costly, preventable disputes. Providers who omit a backup clause have been held liable for client data losses under implied duty-of-care standards in multiple jurisdictions. Clients with no SLA in writing have no contractual basis to recover losses from extended downtime. Auto-renewal billing without a documented notice window generates chargebacks and regulatory scrutiny in jurisdictions with consumer protection statutes covering subscription services. Data return obligations — increasingly required under GDPR, CCPA, and Quebec's Law 25 — have no force unless they appear in a signed agreement. A properly drafted hosting agreement closes all of these gaps before services go live, and this template gives you a professionally structured starting point you can customize and execute in under an hour.\u003C/p>\n",1778696372626]