[{"data":1,"prerenderedAt":522},["ShallowReactive",2],{"document-web-site-hosting-agreement-D776":3},{"document":4,"label":23,"preview":11,"thumb":24,"thumb600":25,"description":5,"descriptionCustom":6,"apiDescription":5,"pages":8,"extension":10,"parents":26,"breadcrumb":30,"related":36,"customDescModule":172,"customdescription":6,"mdFm":173,"mdProseHtml":521},{"description":5,"descriptionCustom":6,"label":7,"pages":8,"size":9,"extension":10,"preview":11,"thumb":12,"svgFrame":13,"seoMetadata":14,"parents":15,"keywords":22},"WEB SITE HOSTING AGREEMENT This Web Site Hosting Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \" Service Provider \"), a company organized and existing under the laws of the [State/Province] of [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] For good and valuable consideration, the receipt and legal sufficiency of which are hereby expressly acknowledged, the parties hereto agree as follows: By clicking on the \"Accept\" button, you (the \"Customer\") agree to accept and to abide by all terms and conditions set forth in the \"[YOUR COMPANY NAME] Web Site Hosting Agreement\", as such Agreement now exists or as amended from time to time hereafter. Failure to honor all such terms and conditions shall be grounds for immediate termination of the service and removal of Customer's web site from the Provider's server. In addition, such breach shall subject Customer to such claims for damages and reimbursements as might be appropriate in the circumstances. WHEREAS the parties intend by this Agreement to set forth the terms and conditions upon which the Provider will host Customer's web site on its (the Provider's) web server; IN CONSIDERATION of the mutual promises and conditions set forth below, the parties do hereby covenant and agree as follows: 1. The Provider agrees to host Customer's web site on the Provider's server, subject to and based upon the terms and conditions set forth in this Agreement. 2. Customer's web site will reside within its own domain and shall have a URL address based upon that domain, such as www.xyz.com. Said domain and URL shall be and remain the property of the Customer or other domain name granting authority (as the case may be), and Customer's sole right with respect there to shall be to use the name for the duration and upon the terms and conditions stated in this Agreement. 3. Provider's responsibility with respect to Customer's web site is strictly limited to the provision of storage capacity for web sites on Provider's server. 4. Customer is solely and exclusively responsible for design, development, content (subject to requirements set forth in paragraph 5 below), update, refreshment, modification, etc",null,"Web Site Hosting Agreement","2",41,"doc","https://templates.business-in-a-box.com/imgs/1000px/web-site-hosting-agreement-D776.png","https://templates.business-in-a-box.com/imgs/250px/776.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#776.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/","web site hosting agreement","Web Site Hosting Agreement Template","https://templates.business-in-a-box.com/imgs/400px/776.png","https://templates.business-in-a-box.com/imgs/600px/776.png",[27,16,19],{"label":28,"url":29},"Templates","/templates/",[31,32,33],{"label":28,"url":29},{"label":20,"url":21},{"label":34,"url":35},"Services & Consulting","/templates/services-and-consulting/",[37,41,45,49,53,57,61,65,69,73,77,81,85,102,117,132,145,159],{"label":38,"url":39,"thumb":40,"extension":10},"Checklist Website Hosting Agreement","/template/checklist-website-hosting-agreement-D770","https://templates.business-in-a-box.com/imgs/250px/770.png",{"label":42,"url":43,"thumb":44,"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":46,"url":47,"thumb":48,"extension":10},"Hosting Agreement","/template/hosting-agreement-D774","https://templates.business-in-a-box.com/imgs/250px/774.png",{"label":50,"url":51,"thumb":52,"extension":10},"Web Site Development and Service Agreement","/template/web-site-development-and-service-agreement-D5181","https://templates.business-in-a-box.com/imgs/250px/5181.png",{"label":54,"url":55,"thumb":56,"extension":10},"Checklist Drafting Web Site Development Agreements","/template/checklist-drafting-web-site-development-agreements-D5180","https://templates.business-in-a-box.com/imgs/250px/5180.png",{"label":58,"url":59,"thumb":60,"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":62,"url":63,"thumb":64,"extension":10},"Web Content Partnership Agreement","/template/web-content-partnership-agreement-D768","https://templates.business-in-a-box.com/imgs/250px/768.png",{"label":66,"url":67,"thumb":68,"extension":10},"Equipment Placement Agreement","/template/equipment-placement-agreement-D773","https://templates.business-in-a-box.com/imgs/250px/773.png",{"label":70,"url":71,"thumb":72,"extension":10},"Non-Profit Partnership Agreement","/template/non-profit-partnership-agreement-D14023","https://templates.business-in-a-box.com/imgs/250px/14023.png",{"label":74,"url":75,"thumb":76,"extension":10},"Website Service Agreement Terms of Use","/template/website-service-agreement-terms-of-use-D840","https://templates.business-in-a-box.com/imgs/250px/840.png",{"label":78,"url":79,"thumb":80,"extension":10},"Domain Name Assignment Agreement","/template/domain-name-assignment-agreement-D771","https://templates.business-in-a-box.com/imgs/250px/771.png",{"label":82,"url":83,"thumb":84,"extension":10},"Domain Name Registration Agreement","/template/domain-name-registration-agreement-D772","https://templates.business-in-a-box.com/imgs/250px/772.png",{"description":86,"descriptionCustom":6,"label":87,"pages":88,"size":89,"extension":10,"preview":90,"thumb":91,"svgFrame":92,"seoMetadata":93,"parents":94,"keywords":100,"url":101},"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},[95,97],{"label":17,"url":96},"software-technology-business",{"label":98,"url":99},"E-Commerce","ecommerce-business","website design agreement","/template/website-design-agreement-D821",{"description":103,"descriptionCustom":6,"label":104,"pages":105,"size":106,"extension":10,"preview":107,"thumb":108,"svgFrame":109,"seoMetadata":110,"parents":112,"keywords":111,"url":116},"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":111,"description":6},"it service agreement",[113,115],{"label":20,"url":114},"business-legal-agreements",{"label":20,"url":114},"/template/it-service-agreement-D13422",{"description":118,"descriptionCustom":6,"label":119,"pages":120,"size":106,"extension":10,"preview":121,"thumb":122,"svgFrame":123,"seoMetadata":124,"parents":126,"keywords":125,"url":131},"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":125,"description":6},"non disclosure agreement nda",[127,128],{"label":20,"url":114},{"label":129,"url":130},"Confidentiality Agreements","confidentiality-agreement","/template/non-disclosure-agreement-nda-D12692",{"description":133,"descriptionCustom":6,"label":134,"pages":135,"size":106,"extension":10,"preview":136,"thumb":137,"svgFrame":138,"seoMetadata":139,"parents":141,"keywords":140,"url":144},"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","6","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":140,"description":6},"service agreement",[142,143],{"label":20,"url":114},{"label":20,"url":114},"/template/service-agreement-D12711",{"description":146,"descriptionCustom":6,"label":147,"pages":135,"size":148,"extension":10,"preview":149,"thumb":150,"svgFrame":151,"seoMetadata":152,"parents":153,"keywords":157,"url":158},"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},[154],{"label":155,"url":156},"Consultant & Contractors","consulting-contractor-business","independent contractor agreement","/template/independent-contractor-agreement-D160",{"description":160,"descriptionCustom":6,"label":161,"pages":88,"size":162,"extension":10,"preview":163,"thumb":164,"svgFrame":165,"seoMetadata":166,"parents":167,"keywords":170,"url":171},"CUSTOM SOFTWARE DEVELOPMENT AGREEMENT This Custom Software Development Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [CUSTOMER NAME] (the \"Customer\"), 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 \"Developer\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] RECITALS WHEREAS Customer wishes to [DESCRIBE NEEDS TO BE ADDRESSED], and wants to hire Developer to develop these custom software packages, and; WHEREAS Developer desires to develop these custom software packages for Customer: NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto, intending, to be legally bound, agree as follows: Purpose of Agreement Customer desires to retain Developer as an independent contractor to develop the computer software (the \"Software\") described in the Functional Specifications contained in Exhibit A attached to and made part of this Agreement. Developer is ready, willing and able to undertake the development of the Software and agrees to do so under the terms and conditions set forth in this Agreement. Preparation of Development Plan Developer shall prepare a development plan (\"Development Plan\") for the Software, satisfying the requirements set forth in the Functional Specifications. The Development Plan shall include: Detailed Specifications for the Software; A listing of all items to be delivered to Customer under this Agreement (\"Deliverables\"); A delivery schedule containing a delivery date for each Deliverable; and A payment schedule setting forth the amount and time of Developer's compensation. ACCEPTANCE OF DEVELOPMENT PLAN Developer shall deliver the Development Plan to Customer by [DEVELOPMENT PLAN DEADLINE]. Customer shall have [NUMBER] days to review the Development Plan. Upon approval of the Development Plan by Customer, it will be marked as Exhibit B and will be deemed by both parties to have become a part of this Agreement and will be incorporated by reference. Developer shall then commence development of Software that will substantially conform to the requirements set forth in the Development Plan. If the Development Plan is in Customer's reasonable judgment unsatisfactory in any material respect, Customer shall prepare a detailed written description of the objections. Customer shall deliver such objections to Developer within [NUMBER] days of receipt of the Development Plan. Developer shall then have [NUMBER] days to modify the Development Plan to respond to Customer's objections. Customer shall have [NUMBER] days to review the modified Development Plan. If Customer deems the modified Development Plan to be unacceptable, Customer has the option of terminating this Agreement upon written notice to Developer or permitting Developer to modify the Development Plan again under the procedure outlined in this paragraph. If this Agreement is terminated, the obligations of both parties under it shall end except for Customer's obligation to pay Developer all sums due for preparing the Development Plan and the ongoing obligations of confidentiality set forth in the provision of this Agreement entitled \"Confidentiality.\" Payment for Development Plan If the Development Plan is not accepted by Customer and Customer terminates this Agreement, Developer shall be entitled to compensation on a time and materials basis at an hourly rate of [HOURLY RATE] plus expenses to the date of termination. Developer shall submit an invoice detailing its time and expenses preparing the Development Plan. If the invoice amount is less than the amounts paid to Developer prior to termination, Developer shall promptly return the excess to Customer. If the invoice amount exceeds the amounts paid to Developer prior to termination, Customer shall promptly pay Developer the difference. However, Developer's total compensation for preparing the Development Plan shall not exceed [AMOUNT]. Payment [TIME AND MATERIALS AGREEMENT] Developer shall be compensated at the rate of [RATE] per hour [OR \"day,\" \"week,\" \"month\"]. Payment will be made within [NUMBER OF DAYS] days of Developer's submission of an invoice for work completed. [OPTIONAL: \"Unless otherwise agreed upon in writing by Customer, Customer's maximum liability for all services performed during the term of this Agreement shall not exceed [MAXIMUM AMOUNT].\"] OR [FIXED PRICE AGREEMENT] The total contract price shall be set forth in the Development Plan. Customer shall pay the Developer the sum of [INITIAL AMOUNT] upon execution of this Agreement and the sum of [AMOUNT IF PLAN APPROVED] upon Customer's approval of the Development Plan. The remainder of the contract price shall be payable in installments according to the payment schedule to be included in the Development Plan. Each installment shall be payable upon completion of each project phase by Developer and acceptance by Customer in accordance with the provision of this Agreement entitled \"Acceptance Testing of Software.\" Payment of Developer's Costs Customer shall reimburse Developer for all out-of-pocket expenses incurred by Developer in performing services under this Agreement. Such expenses include, but are not limited, to: All communications charges Costs for providing conversion services for converting Customer's database Media costs Travel expenses other than normal commuting, including airfares, rental vehicles, and highway mileage in company or personal vehicles at [cents per mile] Other expenses resulting from the work performed under this Agreement. Developer shall submit an itemized statement of Developer's expenses. Customer shall pay Developer within [NUMBER] days from the date of each statement. Late Fees Late payments by Customer shall be subject to late penalty fees of [%] per month from the due date until the amount is paid. Materials Customer shall make available to Developer, at Customer's expense, the following materials, facilities and equipment: [LIST] These items will be provided to Customer by [DATE]. Changes in Project Scope If at any time following acceptance of the Development Plan by Customer, Customer should desire a change in Developer's performance under this Agreement that will alter or amend the Specifications or other elements of the Development Plan, Customer shall submit to Developer a written proposal specifying the desired changes. Developer will evaluate each such proposal at its standard rates and charges. Developer shall submit to Customer a written response to each such proposal within [NUMBER] working days following receipt thereof. Developer's written response shall include a statement of the availability of Developer's personnel and resources, as well as any impact the proposed changes will have on the contract price, delivery dates or warranty provisions of this Agreement. Changes to the Development Plan shall be evidenced by a \"Development Plan Modification Agreement.\" The Development Plan Modification Agreement shall amend the Development Plan appropriately to incorporate the desired changes and acknowledge any effect of such changes on the provisions of this Agreement. The Development Plan Modification Agreement shall be signed by authorized representatives of Customer and Developer, whereupon Developer shall commence performance in accordance with it. Should Developer not approve the Development Plan Modification Agreement as written, Developer will so notify Customer within [NUMBER] working days of Developer's receipt of the Development Plan Modification Agreement. Developer shall not be obligated to perform any services beyond those called for in the Development Plan prior to its approval of the Development Plan Modification Agreement.","Custom Software Development Agreement",116,"https://templates.business-in-a-box.com/imgs/1000px/custom-software-development-agreement-D787.png","https://templates.business-in-a-box.com/imgs/250px/787.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#787.xml",{"title":6,"description":6},[168,169],{"label":17,"url":96},{"label":17,"url":96},"custom software development agreement","/template/custom-software-development-agreement-D787",false,{"seo":174,"reviewer":186,"quick_facts":190,"at_a_glance":193,"personas":197,"variants":222,"glossary":251,"clauses":288,"how_to_fill":339,"common_mistakes":380,"faqs":405,"industries":433,"comparisons":450,"diy_vs_lawyer":464,"jurisdictions":477,"related_template_ids_curated":498,"schema":509,"classification":510},{"meta_title":175,"meta_description":176,"primary_keyword":177,"secondary_keywords":178},"Web Site Hosting Agreement Template (Free Word)","Free website hosting agreement template for hosting providers and clients. Trusted by companies in USA, Canada, UK, Australia, and 190+ countries. Free Word and PDF download.","website hosting agreement template",[179,180,181,182,183,184,185],"web hosting agreement template","website hosting contract template","web hosting contract","hosting services agreement","website hosting agreement free","website hosting contract word","hosting agreement template download",{"name":187,"credential":188,"reviewed_date":189},"Bruno Goulet","CEO, Business in a Box","2026-05-02",{"difficulty":191,"legal_review_recommended":192,"signature_required":192},"medium",true,{"what_it_is":194,"when_you_need_it":195,"whats_inside":196},"A Web Site Hosting Agreement is a legally binding contract between a hosting provider and a client that defines the terms under which the provider will host the client's website on its servers. This free Word download covers service scope, uptime commitments, data ownership, acceptable use, payment, liability limits, and termination in a single structured document you can edit online and export as PDF.\n","Use it whenever a hosting provider agrees to store and serve a client's website or web application — whether that is a managed WordPress site, a custom application, or a dedicated server arrangement. It protects both parties the moment files are transferred and billing begins.\n","Service description and server specifications, uptime SLA and maintenance windows, fees and billing cycle, acceptable use policy, data ownership and backups, security obligations, intellectual property, liability limitations, indemnification, and termination and data-return procedures.\n",[198,202,206,210,214,218],{"title":199,"use_case":200,"icon_asset_id":201},"Web hosting companies","Formalizing service terms with new clients before account activation","persona-hosting-provider",{"title":203,"use_case":204,"icon_asset_id":205},"Freelance web developers","Offering managed hosting as an add-on service to development clients","persona-freelancer",{"title":207,"use_case":208,"icon_asset_id":209},"Digital agencies","Reselling or managing hosting for multiple client websites under one contract standard","persona-agency",{"title":211,"use_case":212,"icon_asset_id":213},"Small business owners","Signing a hosting agreement and understanding what uptime and data protections apply","persona-small-business-owner",{"title":215,"use_case":216,"icon_asset_id":217},"SaaS and software companies","Hosting client-facing web applications under defined SLA and security obligations","persona-saas-founder",{"title":219,"use_case":220,"icon_asset_id":221},"IT managers and procurement teams","Evaluating and executing hosting vendor contracts that meet internal compliance requirements","persona-it-manager",[223,227,231,235,239,243,247],{"situation":224,"recommended_template":225,"slug":226},"Hosting a simple shared-server website for a small business client","Web Site Hosting Agreement (Standard)","web-site-hosting-agreement-D776",{"situation":228,"recommended_template":229,"slug":230},"Providing dedicated server or VPS hosting with enhanced SLA guarantees","Managed Hosting Services Agreement","user-agreement-for-web-hosting-services-D775",{"situation":232,"recommended_template":233,"slug":234},"Delivering hosting as part of a broader web design and maintenance package","Web Design and Maintenance Agreement","building-maintenance-agreement-D13817",{"situation":236,"recommended_template":237,"slug":238},"Engaging a third-party vendor to host your company's internal systems","IT Services Agreement","it-service-agreement-D13422",{"situation":240,"recommended_template":241,"slug":242},"Hosting cloud-based software for end users under SaaS terms","SaaS Subscription Agreement","subscription-agreement-D12537",{"situation":244,"recommended_template":245,"slug":246},"Reselling hosting services originally provided by a larger provider","Reseller Hosting Agreement","reseller-agreement-D5202",{"situation":248,"recommended_template":249,"slug":250},"Providing colocation services for client-owned hardware","Colocation Services Agreement","administrative-services-agreement-D850",[252,255,258,261,264,267,270,273,276,279,282,285],{"term":253,"definition":254},"Uptime SLA","A contractual commitment by the hosting provider to keep the client's website accessible for a defined percentage of time per month — commonly 99.9%, which allows roughly 43 minutes of downtime per month.",{"term":256,"definition":257},"Bandwidth","The volume of data transferred between the server and visitors per billing period; exceeding the contracted limit can trigger overage charges or throttling.",{"term":259,"definition":260},"Acceptable Use Policy (AUP)","A set of rules prohibiting specific content or activities on hosted servers — such as spam, illegal content, or resource-intensive processes — that protect other users and the provider's infrastructure.",{"term":262,"definition":263},"Shared Hosting","A hosting arrangement in which multiple clients' websites reside on the same physical server, sharing its CPU, memory, and storage resources.",{"term":265,"definition":266},"Dedicated Server","A hosting arrangement in which the client leases an entire physical server exclusively, providing maximum performance and isolation from other clients.",{"term":268,"definition":269},"DNS (Domain Name System)","The system that translates a human-readable domain name (e.g., example.com) into the IP address of the server hosting the website.",{"term":271,"definition":272},"SSL/TLS Certificate","A digital certificate that encrypts data in transit between the server and visitors' browsers, indicated by HTTPS in the URL.",{"term":274,"definition":275},"Data Backup","Copies of website files and databases stored separately from the live server so they can be restored after data loss, corruption, or a security incident.",{"term":277,"definition":278},"Force Majeure","A contract clause that excuses a party from performance obligations when failure results from events outside their control — such as natural disasters, power grid failures, or government actions.",{"term":280,"definition":281},"Service Credits","Partial refunds or billing credits issued to a client when the provider fails to meet its uptime SLA, typically expressed as a percentage of the monthly fee per hour of excess downtime.",{"term":283,"definition":284},"Indemnification","A clause requiring one party to compensate the other for losses, damages, or legal costs arising from specified events — such as the client's content infringing a third-party copyright.",{"term":286,"definition":287},"Termination for Cause","The right to end the contract immediately and without penalty when the other party materially breaches its obligations — such as non-payment or AUP violations.",[289,294,299,304,309,314,319,324,329,334],{"name":290,"plain_english":291,"sample_language":292,"common_mistake":293},"Parties, Services, and Scope","Identifies the hosting provider and the client as legal entities and describes the specific hosting services being provided — server type, storage allocation, bandwidth, and any included software or control panel access.","This Web Site Hosting Agreement ('Agreement') is entered into on [DATE] between [PROVIDER LEGAL NAME], a [STATE/COUNTRY] [ENTITY TYPE] ('Provider'), and [CLIENT LEGAL NAME], a [STATE/COUNTRY] [ENTITY TYPE] ('Client'). Provider shall host Client's website located at [DOMAIN NAME] on a [SHARED/DEDICATED/VPS] server with [X] GB storage and [X] GB/month bandwidth.","Describing services only as 'web hosting' without specifying server type, storage, and bandwidth. Vague scope leads to billing disputes when the client's site grows beyond what the provider intended to include.",{"name":295,"plain_english":296,"sample_language":297,"common_mistake":298},"Fees, Payment, and Billing Cycle","States the monthly or annual hosting fee, the billing date, accepted payment methods, and the consequences of late payment — including suspension or termination thresholds.","Client shall pay Provider a hosting fee of $[AMOUNT] per [month/year], billed on the [DAY] of each billing period via [PAYMENT METHOD]. Invoices unpaid for more than [10] days are subject to a late fee of [1.5]% per month. Provider may suspend service after [30] days of non-payment.","No suspension or termination threshold for non-payment. Without it, the provider continues bearing infrastructure costs indefinitely for a non-paying client with no clear contractual right to act.",{"name":300,"plain_english":301,"sample_language":302,"common_mistake":303},"Uptime SLA and Service Credits","Sets the provider's uptime commitment as a monthly percentage and defines the service-credit remedy if the commitment is missed — including how downtime is measured and what is excluded (scheduled maintenance, client-caused outages).","Provider warrants [99.9]% monthly uptime for the hosted services, excluding scheduled maintenance windows notified at least [48] hours in advance. For each hour of excess downtime, Client shall receive a service credit equal to [5]% of the monthly fee, not to exceed [30]% of the monthly fee in any calendar month.","Promising 100% uptime or omitting exclusions for scheduled maintenance. Both create unmanageable liability — even brief maintenance windows breach an unqualified 100% commitment.",{"name":305,"plain_english":306,"sample_language":307,"common_mistake":308},"Acceptable Use Policy","Lists prohibited content and activities — spam, malware distribution, copyright-infringing material, illegal content — and grants the provider the right to suspend or remove content that violates the policy immediately.","Client shall not use the hosting services to store, transmit, or distribute: (a) spam or unsolicited bulk email; (b) malware, viruses, or malicious code; (c) content that infringes any third-party intellectual property right; or (d) content that is unlawful in [GOVERNING JURISDICTION]. Provider may suspend or remove violating content immediately and without prior notice.","Failing to include an immediate-suspension right for AUP violations. A notice-and-cure period is appropriate for many breaches, but malware or illegal content requires instant action to protect the provider's infrastructure and other clients.",{"name":310,"plain_english":311,"sample_language":312,"common_mistake":313},"Data Ownership and Backups","Confirms that the client retains ownership of all website content and data, states the provider's backup frequency and retention period, and clarifies that backups are a convenience — not a substitute for the client's own data management.","Client retains all ownership rights in website content and data stored on Provider's servers. Provider shall perform automated backups of hosted data [daily/weekly], retaining backups for [30] days. Client acknowledges that Provider's backups are made as a convenience only and that Client is solely responsible for maintaining independent copies of critical data.","Providers omitting the 'convenience only' backup disclaimer. Without it, courts may hold the provider liable for data loss even when backups were performed in good faith but failed to capture the most recent data.",{"name":315,"plain_english":316,"sample_language":317,"common_mistake":318},"Security Obligations","Defines each party's security responsibilities — the provider's server-level obligations (patching, firewalls, DDoS mitigation) and the client's application-level obligations (keeping CMS software updated, using strong credentials).","Provider shall implement commercially reasonable server-level security measures, including firewall protection, operating system patches applied within [72] hours of release, and DDoS mitigation. Client is solely responsible for securing its web applications, CMS installations, and login credentials. Client shall notify Provider within [24] hours of discovering any suspected security breach.","Assigning all security responsibility to the provider. Shared-responsibility language protects the provider from liability for breaches caused by the client's outdated plugins or weak passwords — which are among the most common attack vectors.",{"name":320,"plain_english":321,"sample_language":322,"common_mistake":323},"Intellectual Property","Confirms that the provider does not acquire any rights in the client's content and that the client does not acquire any rights in the provider's platform, software, or infrastructure.","Provider acquires no rights, title, or interest in Client's website content by virtue of hosting it. Client acquires no rights in Provider's software, infrastructure, or proprietary systems. Client grants Provider a limited, non-exclusive license to host, cache, and transmit Client's content solely to deliver the hosting services.","Omitting the limited license grant to the provider. Without it, a strict reading of copyright law means the provider technically lacks permission to cache or replicate client content for backup and CDN delivery purposes.",{"name":325,"plain_english":326,"sample_language":327,"common_mistake":328},"Liability Limitation and Disclaimer","Caps the provider's total liability — typically at fees paid in the prior 3–6 months — and disclaims liability for indirect damages such as lost revenue, lost data, or business interruption.","Provider's total liability under this Agreement shall not exceed the fees paid by Client in the [3] months preceding the claim. In no event shall either party be liable for indirect, incidental, consequential, or punitive damages, including lost profits or business interruption, even if advised of the possibility of such damages.","No liability cap at all, or a cap expressed as a percentage of an annual fee on a month-to-month contract. A hosting provider's server failure could theoretically expose it to the client's entire lost-revenue claim — which can dwarf the monthly hosting fee — without an explicit cap.",{"name":330,"plain_english":331,"sample_language":332,"common_mistake":333},"Term, Termination, and Data Return","Sets the contract term (monthly, annual, or multi-year), notice requirements for non-renewal, grounds for immediate termination for cause, and the process for returning or deleting the client's data after termination.","This Agreement commences on [START DATE] and continues for [12] months, renewing automatically unless either party provides [30] days' written notice of non-renewal. Either party may terminate immediately for material breach. Upon termination, Provider shall make Client's data available for download for [15] days, after which Provider may permanently delete all hosted data.","No data-return window after termination. Providers who delete data immediately upon contract end expose themselves to client claims of data destruction, particularly where the client is subject to record-retention obligations.",{"name":335,"plain_english":336,"sample_language":337,"common_mistake":338},"Governing Law and Dispute Resolution","Specifies the jurisdiction whose law governs the agreement and how disputes are resolved — litigation, arbitration, or mediation — and the venue for any proceedings.","This Agreement is governed by the laws of [STATE/PROVINCE/COUNTRY]. Any dispute arising under or relating to this Agreement shall be resolved by binding arbitration administered by [AAA/JAMS] in [CITY, STATE], except that either party may seek injunctive relief in any court of competent jurisdiction.","Choosing a governing law with no meaningful connection to where either party operates. Some jurisdictions — particularly in the EU — apply local consumer protection and data law regardless of the governing-law clause.",[340,345,350,355,360,365,370,375],{"step":341,"title":342,"description":343,"tip":344},1,"Enter the parties' legal entity names and effective date","Use the registered legal name of the hosting provider and the client — not brand names or trading names. Include the state or country of incorporation and the agreement's effective date.","Cross-check the client's legal name against their business registration before signing. Enforcing the agreement against the wrong entity is a common and expensive mistake.",{"step":346,"title":347,"description":348,"tip":349},2,"Define the hosting services and server specifications","Specify the server type (shared, VPS, dedicated, or cloud), storage allocation in GB, monthly bandwidth, included software (cPanel, Plesk), and the domain name being hosted.","If the client hosts multiple domains or subdomains, list them in a Schedule A rather than the body of the agreement to allow easy amendments.",{"step":351,"title":352,"description":353,"tip":354},3,"Set the fees, billing cycle, and late-payment consequences","Enter the monthly or annual fee, billing date, accepted payment methods, late fee percentage, and the number of days after which the provider may suspend service for non-payment.","State the fee in a specific currency, especially for clients in a different country. USD and CAD ambiguity has generated real billing disputes.",{"step":356,"title":357,"description":358,"tip":359},4,"Complete the uptime SLA and service-credit formula","Set your uptime percentage (99.9% is the standard for shared hosting; 99.99% for dedicated or mission-critical environments), define how downtime is measured, list maintenance exclusions, and set the service-credit rate per hour of excess downtime.","Cap total monthly service credits at 30% of the monthly fee — uncapped credits can exceed the monthly revenue from a single client in a bad-outage month.",{"step":361,"title":362,"description":363,"tip":364},5,"Customize the acceptable use policy","Review the AUP list and add any industry-specific prohibitions relevant to your infrastructure. Confirm that the immediate-suspension right for serious violations is clearly stated.","Reference your full AUP document by URL if it is published on your website, and note that you may update it with [15] days' notice — this avoids amending the contract every time the AUP changes.",{"step":366,"title":367,"description":368,"tip":369},6,"Confirm the backup frequency and data-return window","Enter your actual backup schedule and retention period. Set the post-termination data-availability window — 15 to 30 days is standard — and state the deletion method after that window closes.","If you cannot reliably deliver daily backups, commit only to weekly. Overpromising on backups and then failing to deliver is one of the most litigated hosting disputes.",{"step":371,"title":372,"description":373,"tip":374},7,"Set the liability cap and disclaim consequential damages","Enter the liability cap as the fees paid in the prior 3 months (or 6 months for higher-risk deployments). Confirm the consequential-damages disclaimer covers lost profits, data loss, and business interruption.","Some US states and several EU jurisdictions restrict consequential-damage disclaimers in consumer contracts. If your clients include consumers, have a lawyer review this clause before execution.",{"step":376,"title":377,"description":378,"tip":379},8,"Set the term, auto-renewal notice period, and data-deletion timeline","Choose the initial term (monthly or annual), set the non-renewal notice window (30 days is standard), and specify the exact number of days the client has to retrieve data after termination.","Send a non-renewal reminder 45 days before the notice deadline — giving the client time to act before you are contractually obligated to begin deletion.",[381,385,389,393,397,401],{"mistake":382,"why_it_matters":383,"fix":384},"Vague service scope with no server or bandwidth specifications","Without defined storage, bandwidth, and server type, clients escalate usage beyond what the provider priced, and there is no contractual basis to charge overages or throttle service.","List server type, storage allocation in GB, monthly bandwidth cap, and any included software in the services section — and add a Schedule A for multi-domain or multi-tier arrangements.",{"mistake":386,"why_it_matters":387,"fix":388},"No liability cap or an uncapped consequential-damages exposure","A hosting provider whose server suffers a prolonged outage can face a client claim for all lost revenue during the downtime — amounts that can be hundreds of times the monthly hosting fee.","Cap total liability at 3–6 months of paid fees and explicitly disclaim liability for lost profits, lost data, and business interruption in a standalone clause.",{"mistake":390,"why_it_matters":391,"fix":392},"Promising 100% uptime without maintenance exclusions","Any scheduled maintenance window — even one minute for a security patch — constitutes a breach of a 100% uptime commitment, giving the client a recurring contract claim.","Commit to 99.9% or 99.99% uptime and carve out scheduled maintenance windows notified at least 48 hours in advance, client-caused outages, and force majeure events.",{"mistake":394,"why_it_matters":395,"fix":396},"No data-return window after termination","Immediately deleting client data upon contract expiry exposes the provider to claims of wrongful destruction, especially when the client is subject to regulatory data-retention requirements.","Provide a 15-to-30-day window after termination during which the client may download their data, then confirm deletion in writing and retain a destruction log.",{"mistake":398,"why_it_matters":399,"fix":400},"Assigning all security responsibility to the provider","The majority of website compromises originate at the application layer — outdated CMS plugins, weak passwords, or unpatched themes — which are entirely within the client's control.","Use shared-responsibility language: the provider secures the server infrastructure; the client secures their application, CMS, and credentials. State that application-layer breaches are the client's liability.",{"mistake":402,"why_it_matters":403,"fix":404},"No immediate-suspension right for AUP violations","A notice-and-cure period before suspension is appropriate for billing disputes but not for active malware distribution or illegal content — every hour of delay increases the provider's legal exposure and harms other clients on shared infrastructure.","Add a carve-out granting the provider the right to suspend or remove content immediately and without prior notice when the violation involves malware, spam, illegal content, or a material threat to server integrity.",[406,409,412,415,418,421,424,427,430],{"question":407,"answer":408},"What is a website hosting agreement?","A website hosting agreement is a legally binding contract between a hosting provider and a client that governs the terms under which the provider stores and serves the client's website on its servers. It defines service scope, uptime commitments, fees, data ownership, acceptable use, security responsibilities, liability limits, and what happens to the client's data when the contract ends. Without one, both parties rely on informal understandings that are difficult to enforce.\n",{"question":410,"answer":411},"Is a website hosting agreement legally required?","No law requires a formal hosting agreement, but operating without one exposes both the provider and the client to significant risk. For the provider, it means no contractual basis for the uptime disclaimer, liability cap, or acceptable use restrictions. For the client, there is no guaranteed SLA, no data-return obligation, and no defined remedy for downtime. A signed agreement protects both parties from the moment hosting begins.\n",{"question":413,"answer":414},"What uptime guarantee should a hosting agreement include?","99.9% monthly uptime is the industry standard for shared hosting and translates to approximately 43 minutes of allowed downtime per month. Mission-critical applications and dedicated servers typically warrant 99.99% uptime, which allows fewer than 5 minutes of downtime per month. The agreement should also specify how downtime is measured, what events are excluded (scheduled maintenance, client-caused outages, force majeure), and what service credits apply when the SLA is missed.\n",{"question":416,"answer":417},"Who owns the website data under a hosting agreement?","The client retains full ownership of all website content and data stored on the provider's servers. The hosting agreement should make this explicit and include a limited license granting the provider the right to cache, replicate, and transmit the content solely to deliver the hosting service. Without the limited license grant, the provider technically lacks permission to perform backup and CDN functions under copyright law.\n",{"question":419,"answer":420},"What happens to my data if I cancel my hosting agreement?","A well-drafted hosting agreement requires the provider to make the client's data available for download for a defined period after termination — typically 15 to 30 days — before permanently deleting it. Clients subject to regulatory record-retention requirements should negotiate a longer window. Always download a full backup before initiating termination rather than relying on the provider's post-termination window.\n",{"question":422,"answer":423},"What does a hosting agreement's liability cap mean for clients?","A liability cap limits the provider's maximum financial exposure to the client — typically the fees paid in the prior 3 to 6 months. This means that even if a prolonged outage costs your business significantly more in lost revenue, the provider's contractual obligation is capped at that amount. Clients who need higher protection for mission-critical sites should negotiate a higher cap or carry their own business interruption insurance.\n",{"question":425,"answer":426},"What is an acceptable use policy in a hosting agreement?","An acceptable use policy (AUP) is a list of prohibited content and activities — spam, malware, illegal content, copyright infringement — that the client agrees not to host on the provider's servers. It also grants the provider the right to suspend or remove violating content, in some cases immediately and without notice. AUP violations are one of the most common grounds for immediate contract termination in hosting arrangements.\n",{"question":428,"answer":429},"Can a hosting agreement cover multiple websites?","Yes. The agreement can list multiple domains in a Schedule A, with each domain's storage and bandwidth allocation noted separately. This approach keeps the main contract clean while allowing the schedule to be amended as the client adds or removes sites without requiring a full contract re-execution. Agencies and resellers managing dozens of client sites should use a master hosting agreement with a domain-level schedule structure.\n",{"question":431,"answer":432},"Do I need a lawyer to draft a website hosting agreement?","For standard shared or VPS hosting arrangements, a high-quality template is generally sufficient for most providers and clients. Consider engaging a lawyer when the arrangement involves dedicated infrastructure for a regulated industry (healthcare, finance), when the client requires HIPAA or PCI DSS compliance representations from the provider, when the annual contract value exceeds $10,000, or when the client is located in a jurisdiction with stringent data protection laws that require specific contractual language.\n",[434,438,442,446],{"industry":435,"icon_asset_id":436,"specifics":437},"Technology / SaaS","industry-saas","SaaS providers hosting client-facing applications require enhanced uptime SLAs (99.99%), shared-responsibility security clauses, and explicit data-processing addenda for GDPR and CCPA compliance.",{"industry":439,"icon_asset_id":440,"specifics":441},"Healthcare","industry-healthtech","Hosting agreements for healthcare sites must incorporate HIPAA Business Associate Agreement language, define server-side encryption standards, and establish breach notification timelines aligned to the 60-day HIPAA deadline.",{"industry":443,"icon_asset_id":444,"specifics":445},"Retail / E-commerce","industry-retail","E-commerce hosting agreements need PCI DSS compliance representations from the provider, explicit uptime protections covering peak sales periods, and clear liability allocation for payment data breaches.",{"industry":447,"icon_asset_id":448,"specifics":449},"Professional Services","industry-professional-services","Law firms, accountants, and consultancies require confidentiality clauses covering client data stored on hosted sites, jurisdiction-specific data residency requirements, and audit-access rights for compliance purposes.",[451,455,458,461],{"vs":452,"vs_template_id":453,"summary":454},"Web Design Agreement","website-design-agreement-D13353","A web design agreement governs the one-time creation of a website — deliverables, revision rounds, IP ownership, and project timeline. A hosting agreement governs the ongoing service of keeping that site live, accessible, and maintained after launch. Many projects need both: the design agreement covers build; the hosting agreement covers run. Combining them in a single document blurs responsibility and complicates termination.",{"vs":237,"vs_template_id":456,"summary":457},"it-services-agreement-D12800","An IT services agreement covers a broad range of technology support — helpdesk, infrastructure management, software licensing, and network administration. A website hosting agreement is narrowly focused on server-based delivery of a specific website or application. Use the IT services agreement when the vendor manages your entire technology environment; use the hosting agreement when the engagement is limited to hosting a defined site.",{"vs":241,"vs_template_id":459,"summary":460},"","A SaaS subscription agreement governs access to a software platform delivered over the internet — it covers licensing, feature access, user seats, and support tiers. A hosting agreement governs the server infrastructure on which a website or custom application runs. The key distinction is ownership: the SaaS client accesses someone else's software; the hosting client runs their own application on rented infrastructure.",{"vs":462,"vs_template_id":459,"summary":463},"Service Level Agreement (SLA)","A standalone SLA is an exhibit or addendum that defines measurable performance metrics — uptime percentage, response time, resolution time, and service credits — in technical detail. A hosting agreement is the governing contract that incorporates the SLA by reference. The SLA provides the metrics; the hosting agreement provides the legal framework, payment terms, liability limits, and termination rights that make those metrics enforceable.",{"use_template":465,"template_plus_review":469,"custom_drafted":473},{"best_for":466,"cost":467,"time":468},"Freelance developers and small hosting providers offering standard shared or VPS hosting to non-regulated clients","Free","30 minutes",{"best_for":470,"cost":471,"time":472},"Hosting providers with annual contract values above $5,000, multi-site agency arrangements, or clients in regulated industries","$300–$700","2–4 days",{"best_for":474,"cost":475,"time":476},"Dedicated or cloud infrastructure providers, HIPAA or PCI DSS compliance requirements, or enterprise clients with negotiated SLA terms","$1,500–$5,000+","1–3 weeks",[478,483,488,493],{"code":479,"name":480,"flag_asset_id":481,"note":482},"us","United States","flag-us","US hosting agreements are primarily governed by state contract law, with no single federal statute specifically regulating hosting services. The Computer Fraud and Abuse Act (CFAA) is relevant to security obligations and unauthorized access. California's CCPA imposes data-handling requirements on providers processing personal data of California residents regardless of the provider's location. Liability caps and consequential-damage disclaimers are generally enforceable but may be limited in consumer contracts under certain state consumer protection statutes.",{"code":484,"name":485,"flag_asset_id":486,"note":487},"ca","Canada","flag-ca","Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and provincial privacy laws require hosting providers processing personal data of Canadian residents to implement appropriate safeguards and, in some provinces, report breaches within 72 hours. Quebec's Law 25 (effective 2023) imposes additional data residency and privacy impact assessment obligations. Limitation-of-liability clauses are generally enforceable in B2B hosting contracts but subject to reasonableness review in consumer arrangements.",{"code":489,"name":490,"flag_asset_id":491,"note":492},"uk","United Kingdom","flag-uk","Post-Brexit, UK hosting agreements are governed by the UK GDPR and the Data Protection Act 2018 for data involving UK residents. Providers acting as data processors must execute a Data Processing Agreement (DPA) alongside the hosting agreement. The Unfair Contract Terms Act 1977 and Consumer Rights Act 2015 restrict the enforceability of liability exclusions in consumer contracts. The UK's NIS Regulations also impose security and incident-reporting obligations on providers of certain digital services.",{"code":494,"name":495,"flag_asset_id":496,"note":497},"eu","European Union","flag-eu","GDPR requires that any hosting agreement involving personal data of EU residents include a Data Processing Agreement meeting the requirements of GDPR Article 28, including specific sub-processor disclosure obligations. The EU's NIS2 Directive (effective October 2024) imposes security and incident-reporting requirements on digital infrastructure providers. Liability caps in consumer-facing contracts may be restricted by the Unfair Contract Terms Directive, and governing-law clauses cannot override mandatory EU consumer protection laws applicable in the consumer's country of residence.",[499,238,500,501,502,503,504,505,506,507,508,238],"website-design-agreement-D821","non-disclosure-agreement-nda-D12692","service-agreement-D12711","independent-contractor-agreement-D160","custom-software-development-agreement-D787","data-processing-agreement-D13954","master-service-agreement-D12657","terms-and-conditions-D12667","data-privacy-policy-D13465","service-level-agreement-D778",{"emit_how_to":192,"emit_defined_term":192},{"primary_folder":114,"secondary_folder":511,"document_type":512,"industry":513,"business_stage":514,"tags":515,"confidence":520},"services-and-consulting","agreement","software-and-technology","all-stages",[512,516,517,518,519],"contract","saas","technology","hosting",0.92,"\u003Ch2>What is a Web Site Hosting Agreement?\u003C/h2>\n\u003Cp>A \u003Cstrong>Web Site Hosting Agreement\u003C/strong> is a legally binding contract between a hosting provider and a client that establishes the terms under which the provider stores, maintains, and serves the client's website on its servers. It defines the precise scope of services — server type, storage, bandwidth, and included software — alongside uptime commitments, data ownership, acceptable use restrictions, security responsibilities, liability limits, and the process for returning or deleting client data when the relationship ends. Unlike an informal service signup, a signed hosting agreement creates enforceable obligations on both sides and eliminates the ambiguity that arises when performance expectations, payment disputes, or data-loss incidents occur.\u003C/p>\n\u003Ch2>Why You Need This Document\u003C/h2>\n\u003Cp>Operating a hosting arrangement without a written agreement exposes both the provider and the client to predictable and avoidable risks. A provider without a liability cap can face a client's claim for all lost revenue during a server outage — amounts that can be hundreds of times the monthly hosting fee. A client without a defined SLA has no contractual remedy when their site goes down during peak traffic. Without a data-return clause, clients who leave a provider may find their files deleted the day the contract ends, with no recourse if they are subject to regulatory retention requirements. For providers, the absence of an acceptable use policy removes the contractual basis to suspend accounts distributing malware or illegal content without risking a breach-of-contract counterclaim. This template gives hosting providers a professionally structured starting point that protects their infrastructure and limits their liability, while giving clients the service-level and data-protection assurances they need before transferring control of their online presence to a third party.\u003C/p>\n",1781186033721]