[{"data":1,"prerenderedAt":521},["ShallowReactive",2],{"document-website-design-hosting-and-commercial-services-agreement-D824":3},{"document":4,"label":23,"preview":11,"thumb":24,"description":5,"descriptionCustom":6,"apiDescription":5,"pages":8,"extension":10,"parents":25,"breadcrumb":29,"related":37,"customDescModule":170,"customdescription":6,"mdFm":171,"mdProseHtml":520},{"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 DESIGN, HOSTING AND COMMERCIAL SERVICES AGREEMENT This Web Site Design, Hosting and Commercial Services Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [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] AND: [SERVICE PROVIDER] (the \"Service Provider\"), 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: WHEREAS, Service Provider designs web sites for use on the Internet's World Wide Web, provides web site hosting services and provides on-line interactive ordering and payment services; WHEREAS, Client desires Service Provider to design a web site for Client, to provide web site hosting services to Client and to provide on-line ordering and payment information forwarding services; WHEREAS, Service Provider desires to retain all rights, title and interest in and to all software, documentation, derivative works and other intellectual property developed, designed, created or contributed by Service Provider pursuant to this Agreement, excluding Client's domain name, and excluding the graphics and data supplied by Client; and WHEREAS, Client shall pay Service Provider an hourly fee for helping to conceptualize Client's web site, a fixed fee for developing Client's web site, a monthly fee for hosting Client's web site and a royalty for Service Provider's Forwarding Of Client's Customer Order And Payment Information; NOW THEREFORE, the parties agree as follows: DEFINITIONS \"Alpha Version\" means the first test system of Client's Web Site, which is tested on a computer that is not connected to the Internet. \"Agreement\" means this written agreement Between Service Provider and Client. \"Beta Version\" means the second test system of Client's Web Site, which is tested through the Internet by Client. \"Bug\" means an error in a Web Site that causes repeated and repeatable malfunctions. \"[CODE E.G. JAVA, .NET, ETC]\" means the standard method of writing computer code to enable an interactive computer program on one Internet server to communicate with users located at remote Internet servers. Commercial Service Provider\" or \"Service Provider\" means a Web Host, as defined below, that also processes orders and payments by Internet users on behalf of third-party Web Site owners. \"Cookie\" means a file stored on the user's computer into which data which is transparently transmitted by a Web Site regarding a variety of information. \"Derivative Work\" means any modifications made to any computer source code, object code, [PROGRAMMING CODE] code or HTML code. \"Domain Name\" or \"Name\" is the alphanumeric name associated with Client's web site, web pages or electronic mail. \"Electronic Mail\" or \"E-Mail\" means any communication transmitted via the Internet which is stored in the recipient's e-mail box. \"Hour\" means one hour spent by one developer. \"HTML Code\" means hypertext mark-up language, which is the language commonly used for developing the appearance of Web Sites. \"Intellectual Property Rights\" means: Rights in any patent, copyright, trademark, trade dress, and trade name; Related registrations and applications for registration; and Trade secrets, moral rights and goodwill. \"Internet\" means the global computer network comprising interconnected networks using standard Protocols. \"Internet Service Provider\" or \"ISP\" means an entity that enables the uploading and downloading of data between remote computers and the Internet. \"Kilobytes per second\" or \"Kbps\" means [NUMBER] bytes of data transmitted in one second. \"Project Manager\" means one of Client's employees who shall be deemed as Client's liaison with Service Provider, and who shall have the power to act as Client's project manager in order to make ongoing decisions under this Agreement which are binding upon Client. \"Protocols\" means a set of rules that regulate the way data is transmitted between computers. \"Robot\" or \"Spider\" means an automated device used by a searching service to gather pieces of information about Web Sites. \"Web Page\" means each individual screen display contained in Client's Web Site. \"Web Site\" means all Web Pages and domain names associated with Client and its products or services, and which are stored on Service Provider's Internet server computer. \"Web Site Hosting Service Provider\" or \"Web Host\" means an entity that stores third-party Web Sites on its Internet server computer, receives or stores commands or data transmitted by Internet users, transmits Web Page data to users' Internet addresses, and performs related maintenance. \"World Wide Web\", or \"WWW\", is a subset of the Internet, and is a common system for browsing Internet Web Sites. WEB SITE DEVELOPMENT 2.1 Design Preliminary Specification Sheet. The parties recognize that Client has previously provided to Service Provider a specification sheet which graphically and textually illustrates all Web Pages that Client wishes to incorporate into its Web Site - including images and graphics -, the functionality Client desires between multiple Web Pages, and the functionality Client desires between each Web Page and users. A true and correct copy of the specification sheet is attached hereto as \"Attachment [SPECIFY]\". Modified Specification Sheets. Service Provider shall prepare a First Modified Specification Sheet by reviewing Client's Preliminary Specification Sheet, consulting with Client in order to make suggested changes and improvements, and drafting a First Modified Specification Sheet. Client shall inspect Service Provider's First Modified Specification Sheet, and shall approve it, reject it or make additional changes. [Where time is of the essence, the following sentence should be added: The parties expressly recognize that time is of the essence, and expressly agree that each successive Modified Specification Sheet shall be drafted by each party and delivered to the other party within no more than [NUMBER] business days. Client and/or Service Provider may make additional subsequent changes, and each resulting Modified Specification Sheet shall be sequentially numbered, and shall not become a Final Specification Sheet in the absence of the parties' mutual written assent. Service Provider shall assist Client with the preparation of Modified Specification Sheets, and Client shall compensate Service Provider at the rate of [choose from the range of: [AMOUNT] to [AMOUNT] per Hour for Service Provider's preparation of Modified Specification Sheets]. Final Specification Sheet. When the parties have inscribed any Modified Specification Sheet with the term \"Final Specification Sheet\", and the parties have signed it, then Service Provider shall undertake to develop the desired Web Site according to the specifications contained therein. Client hereby expressly represents that by signing the Final Specification Sheet, the specifications contained therein shall be deemed complete and accurate. 2.2 Coding Method. Service Provider shall create the code underlying Client's Web Site in accordance with the Final Specification Sheet, Protocols and [PROGRAMMING CODE]. Project Management. The parties recognize that Client's participation in all phases of the development of the Web Site is essential. As such, Project Manager shall, in best faith, work with Service Provider to complete the project on schedule. Pre- Final Version Modifications Modification Method. During the coding and testing process, Service Provider or Client may propose modifications to Client's Web Site in writing",null,"Website Design, Hosting and Commercial Services Agreement","20",152,"doc","https://templates.business-in-a-box.com/imgs/1000px/website-design,-hosting-and-commercial-services-agreement-D824.png","https://templates.business-in-a-box.com/imgs/250px/824.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#824.xml",{"title":6,"description":6},[16,19],{"label":17,"url":18},"Software & Technology","/templates/software-technology-business/",{"label":20,"url":21},"E-Commerce","/templates/ecommerce-business/","website design hosting commercial services agreement","Website Design, Hosting and Commercial Services Agreement Template","https://templates.business-in-a-box.com/imgs/400px/824.png",[26,16,19],{"label":27,"url":28},"Templates","/templates/",[30,31,34],{"label":27,"url":28},{"label":32,"url":33},"Legal Agreements","/templates/business-legal-agreements/",{"label":35,"url":36},"Services & Consulting","/templates/services-and-consulting/",[38,42,46,50,54,58,62,66,70,74,78,82,86,101,115,128,143,155],{"label":39,"url":40,"thumb":41,"extension":10},"Website Design Agreement","/template/website-design-agreement-D821","https://templates.business-in-a-box.com/imgs/250px/821.png",{"label":43,"url":44,"thumb":45,"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":47,"url":48,"thumb":49,"extension":10},"Checklist Website Hosting Agreement","/template/checklist-website-hosting-agreement-D770","https://templates.business-in-a-box.com/imgs/250px/770.png",{"label":51,"url":52,"thumb":53,"extension":10},"Website Design Consultation Agreement","/template/website-design-consultation-agreement-D822","https://templates.business-in-a-box.com/imgs/250px/822.png",{"label":55,"url":56,"thumb":57,"extension":10},"Web Site Hosting Agreement","/template/web-site-hosting-agreement-D776","https://templates.business-in-a-box.com/imgs/250px/776.png",{"label":59,"url":60,"thumb":61,"extension":10},"Website Design Non-Disclosure Agreement","/template/website-design-non-disclosure-agreement-D823","https://templates.business-in-a-box.com/imgs/250px/823.png",{"label":63,"url":64,"thumb":65,"extension":10},"Hosting Agreement","/template/hosting-agreement-D774","https://templates.business-in-a-box.com/imgs/250px/774.png",{"label":67,"url":68,"thumb":69,"extension":10},"Commercial Lease Agreement","/template/lease-agreement-D1179","https://templates.business-in-a-box.com/imgs/250px/1179.png",{"label":71,"url":72,"thumb":73,"extension":10},"Industrial Design Assignment Agreement","/template/industrial-design-assignment-agreement-D944","https://templates.business-in-a-box.com/imgs/250px/944.png",{"label":75,"url":76,"thumb":77,"extension":10},"Website License Agreement","/template/website-license-agreement-D825","https://templates.business-in-a-box.com/imgs/250px/825.png",{"label":79,"url":80,"thumb":81,"extension":10},"Administrative Services Agreement","/template/administrative-services-agreement-D850","https://templates.business-in-a-box.com/imgs/250px/850.png",{"label":83,"url":84,"thumb":85,"extension":10},"Professional Services Agreement","/template/professional-services-agreement-D13277","https://templates.business-in-a-box.com/imgs/250px/13277.png",{"description":87,"descriptionCustom":6,"label":88,"pages":89,"size":90,"extension":10,"preview":91,"thumb":92,"svgFrame":93,"seoMetadata":94,"parents":95,"keywords":99,"url":100},"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","6",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},[96],{"label":97,"url":98},"Consultant & Contractors","consulting-contractor-business","independent contractor agreement","/template/independent-contractor-agreement-D160",{"description":102,"descriptionCustom":6,"label":103,"pages":89,"size":104,"extension":10,"preview":105,"thumb":106,"svgFrame":107,"seoMetadata":108,"parents":110,"keywords":109,"url":114},"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",513,"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":109,"description":6},"service agreement",[111,113],{"label":32,"url":112},"business-legal-agreements",{"label":32,"url":112},"/template/service-agreement-D12711",{"description":116,"descriptionCustom":6,"label":117,"pages":118,"size":104,"extension":10,"preview":119,"thumb":120,"svgFrame":121,"seoMetadata":122,"parents":124,"keywords":123,"url":127},"SAAS AGREEMENT This Software-as-a-Service Agreement (SaaS) (\"Agreement\") is made and effective the [DATE], BETWEEN: [COMPANY NAME], (the \"Customer\"), a corporation organized and existing under the laws of [STATE], with its head office located at: [COMPLETE ADDRESS] AND: [COMPANY NAME], (the \"Provider\"), a corporation organized and existing under the laws of [STATE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, The Customer is granted a license to use the Software, subject to a set of limitations and restrictions. WHEREAS, The Provider undertakes to provide high-performance Software while committing to comply with certain requirements relating to the maintenance of the Software. In consideration of the terms of this agreement, and other valuable consideration, the parties agree as follows: DEFINITION \"Administrator User\" means each Customer employee designated by Customer to serve as technical administrator of the SaaS Services on Customer's behalf. Each Administrator User must complete training and qualification requirements reasonably required by [PROVIDER NAME]. \"Confidential Information\" means any information disclosed by a party to the other party, directly or indirectly, which could be in orally or written (graphic, machine-readable or other tangible form], is marked as \"confidential\" or \"proprietary\". \"Host\" means the computer equipment on which the Software is installed, which is owned and operated by [PROVIDER NAME] or its subcontractors. \"Maintenance Services\" means the support and maintenance services provided by [PROVIDER NAME] to Customer pursuant to this SaaS Agreement. \"Software\" means the object code version of any Software to which Customer is provided access as part of the Service, including any updates or new versions. \"SaaS Services\" refer to the specific [PROVIDER NAME]'s internet-accessible service identified in a Schedule that provides use of [PROVIDER NAME]'s identity/access management Software that is hosted by [PROVIDER NAME] or its services provider and made available to Customer over a network on a term-use basis. SERVICE The Provider hereby grants the Customer, including all authorized users of the Customer, a non-exclusive, non-sublicensable, non-assignable, royalty-free, worldwide license to access and use the service (the \"Service\") solely for the internal business operations of the Customer in accordance with the terms of this Agreement and the Provider's online terms of use. TERM AND TERMINATION The term of this Agreement shall begin on the Effective Date and shall end [SPECIFY]. PAYMENT TERM [SPECIFY] is sold as a Software-as-a-Service (SaaS) and requires Clients to have a valid membership subscription. We accept payments with Credit Cards and Visa and Mastercard Debit Cards [OR SPECIFY]. Your subscription will renew automatically at the end of the subscription term unless you opt-out from automatic renewal or cancel your membership. You can update your payment method, manage your subscription, or cancel at any time by visiting the Billing page under your user account. By purchasing this software, you agreed to enroll in our automatic renewal service. This keeps your products up and running, automatically charging then-current renewal fees to your payment method on file, with no further action on your part. Account cancellation policy: Once a user submits a request for cancellation, no additional charges will be made. However, no refunds are provided upon cancellation. If you cancel before an upcoming renewal date, you will have access to your Account through the end of the then-current year. Cancellation of automatic renewal: Annual subscriptions purchased will renew automatically at the end of the term. Your credit card is charged at the end of each subscription period and a renewal confirmation notice is sent to the account administrator's email address. Notifications of upcoming renewal is sent to the account administrator's email address 30 days and 10 days before renewal. If the you wish to turn off the automated renewal, you can do so any time from your online account under My Account/Billing. Free trial: [COMPANY NAME] offers a free trial version for [SPECIFY]. We do not request credit card information when signing up to the free trial. The free trial allows anyone to view the whole content of the software. The free trial, however, does not allow you to Download, Export, Print or to Cut/Copy/Paste/Save. You need to purchase and activate the software in order to be able to fully download and use the product. Failed renewal & account suspension: If your credit card on file is closed or expired, or if for any reason, a charge is rejected, you will be requested to update your Billing Information and supply a new payment to keep your account active. If a charge is rejected, your access to the [COMPANY NAME] software will be suspended until you update your account information and the payment is successful. CUSTOMER'S RESPONSIBILITIES Customer shall provide commercially reasonable information and assistance to [PROVIDER NAME] to enable [PROVIDER NAME] to deliver the SaaS Services. Customer acknowledges that [PROVIDER NAME] 's ability to deliver the SaaS Services in the manner provided in this SaaS Agreement may depend upon the accuracy and timeliness of such information and assistance. Customer shall comply with all applicable local, state, national and foreign laws in connection with its use of the SaaS Services, including those laws related to data privacy, international communications, and the transmission of technical or personal data. Customer acknowledges that [PROVIDER NAME] exercises no control over the content of the information transmitted by Customer through the SaaS Services. Customer shall not upload, post, reproduce or distribute any information, Software or other material protected by copyright, privacy rights, or any other intellectual property right without first obtaining the permission of the owner of such rights. Customer shall be solely responsible for the acts and omissions of its Administrator Users. [PROVIDER NAME] shall not be liable for any loss of data or functionality caused directly or indirectly by the Administrator Users. Subject to the terms and conditions of this SaaS Agreement, Customer shall grant to [PROVIDER NAME] a limited, non-exclusive and non-transferable license, to copy, store, configure, perform, display and transmit Customer Content solely as necessary to provide the SaaS Services to Customer Customer shall: Notify [PROVIDER NAME] immediately of any unauthorized use of any password or user id or any other known or suspected breach of security, Report to [PROVIDER NAME] immediately and use reasonable efforts to stop any unauthorized use of the SaaS Services that is known or suspected by Customer, and Not provide false identity information to gain access to or use the SaaS Services. Customer is solely responsible for collecting, in putting and updating all Customer Content stored on the Host, and for ensuring that the Customer Content does not Include anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party, or Contain anything that is obscene, defamatory, harassing, offensive or malicious. limitationS of the license The Hosted Services may only be used by the officers, employees, agents and subcontractors of the Customer; The Hosted Services may only be used by the named users identified The Hosted Services must not be used at any point in time by more than the number of concurrent users specified in section.","SaaS Agreement","7","https://templates.business-in-a-box.com/imgs/1000px/saas-agreement-D12704.png","https://templates.business-in-a-box.com/imgs/250px/12704.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12704.xml",{"title":123,"description":6},"saas agreement",[125,126],{"label":32,"url":112},{"label":32,"url":112},"/template/saas-agreement-D12704",{"description":129,"descriptionCustom":6,"label":130,"pages":131,"size":104,"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":32,"url":112},{"label":140,"url":141},"Confidentiality Agreements","confidentiality-agreement","/template/non-disclosure-agreement-nda-D12692",{"description":144,"descriptionCustom":6,"label":145,"pages":146,"size":104,"extension":10,"preview":147,"thumb":148,"svgFrame":149,"seoMetadata":150,"parents":152,"keywords":151,"url":154},"SUBCONTRACT AGREEMENT This Subcontract Agreement (the \"Agreement\") is made and effective this [Date], BETWEEN: [YOUR COMPANY NAME] (the \"Contractor\"), 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: [SUBCONTRACTOR NAME] (the \"Subcontractor\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS Contractor has entered into, or will hereafter enter into, a general construction contract, henceforth \"The Prime Contract\" with [General Contractor], to perform in accordance with various contract documents and specifications certain work prepared by [architect], henceforth \"Architect\", and/or to furnish labor, materials, supplies, labor and/or goods required to construct the following named and described construction project: [Describe], henceforth \"The Project\", located in [address], and WHEREAS Contractor desires to retain Subcontractor to perform certain contract work in accordance with various contract documents and specifications and/or to furnish labor, materials, supplies, labor and/or goods for The Project; NOW THEREFORE Contractor and Subcontractor agree as follows: SUBCONTRACT WORK Subcontractor shall be employed as an independent contractor and shall provide and furnish all labor, materials, tools, supplies, equipment, services, facilities, supervision, and administration necessary for the proper and complete performance and acceptance of the following portions of the work, hereinafter \"the Subcontract Work\", for the Project, together with such other portions of the drawings, specifications and addendum as related thereto: SEE EXHIBIT A: Scope, Conditions, And List of Attachments SUBCONTRACTOR PRICE In consideration of Subcontractor's performance of this Subcontract, and at the times and subject to the terms and conditions hereinafter set forth, Contractor shall pay to Subcontractor the total sum of [AMOUNT], hereinafter \"subcontract price.\" Said subcontract price is dependent upon the conditions set forth in Exhibit A being met. Should said conditions not be met, the subcontract amount shall be modified accordingly. SPECIAL CONDITIONS The Special Conditions to Subcontract are incorporated in this Subcontract as though fully set forth herein. Subcontractor hereby acknowledges receipt of the Special Conditions. COMMUNICATION AND NOTICE","Subcontract Agreement","4","https://templates.business-in-a-box.com/imgs/1000px/subcontract-agreement-D172.png","https://templates.business-in-a-box.com/imgs/250px/172.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#172.xml",{"title":151,"description":6},"subcontract agreement",[153],{"label":97,"url":98},"/template/subcontract-agreement-D172",{"description":156,"descriptionCustom":6,"label":157,"pages":118,"size":158,"extension":10,"preview":159,"thumb":160,"svgFrame":161,"seoMetadata":162,"parents":163,"keywords":168,"url":169},"INTELLECTUAL PROPERTY ASSIGNMENT AGREEMENT This Intellectual Property Assignment Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Assignor\"), 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: [COMPANY NAME] (the \"Assignee\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [COMPANY NAME] (the \"Shareholder\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] PREAMBLE WHEREAS [YOUR COMPANY NAME] owns all rights in a patent registered with the [COUNTRY] Patent Office under file number [NUMBER], serial number [NUMBER], entitled [SPECIFY] (the \"Patent\"); WHEREAS [YOUR COMPANY NAME] wishes to assign all rights and title in and to the Patent [COMPANY NAME]; WHEREAS the parties wish to enter into this Agreement on the terms and conditions more particularly provided herein. NOW, THEREFORE, in consideration of the above premises and agreements herein contained, the preamble forming an integral part hereof, the parties agree as follows: DEFINITIONS In this Agreement, except where the context or subject matter is inconsistent therewith, the following terms shall have the following meanings: \"Affiliates\" means, with respect to a Party to this Agreement, any person which, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with such Party. The term \"control\" means possession, direct or indirect, of the powers to direct or cause the direction of the management or policies of a person, whether through ownership of equity participation, voting securities, or beneficial interests, by contract, by agreement or otherwise. \"Agreement\" shall mean this document, the annexed schedules, which are incorporated herein, together with any future written and executed amendments agreed to by the parties. \"Assigned Rights\" shall mean all rights and title in the Patent and all Intellectual Property Rights in the technology described in the Patent, in all countries. \"Improvements\" means innovations, inventions, ideas, designs, concepts, discoveries, techniques, works, processes, formulas, new derived material and modifications related to the Patent, whether or not patentable, copyrightable, or otherwise protectable as trade secrets or under any other intellectual property, conceived, brought to practice or developed by either Party after the date of this Agreement. \"Intellectual Property Rights\" includes all patents, trade marks, service marks, registered designs, integrated circuits topographies, including applications for any of the foregoing, and includes all copyrights, design rights, know-how, confidential information, trade secrets and any other similar rights in [COUNTRY] and in any other countries. \"Patent\" shall mean the patent described in recitals hereof and its counterpart applications in any country, now or thereafter owned by [YOUR COMPANY NAME] or to which [YOUR COMPANY NAME] otherwise acquires rights, including any patent application, divisional, continuation, provisional, reissue, re-examination, extension certificate, registration, renewal, confirmation and national phase entry application related to such Patent. ASSIGNMENT OF PATENT Subject to the terms and conditions contained in this Agreement, [YOUR COMPANY NAME] hereby irrevocably assigns to [COMPANY NAME] all rights and title and any other rights to the Patent as well as all Intellectual Property Rights in the technology described in the Patent, in all countries. The parties hereby recognize that any and all Intellectual Property Rights in any Improvements shall be held by [COMPANY NAME]. The parties hereby recognize that no Intellectual Property Rights are assigned, licensed or otherwise granted under this Agreement, save and except as explicitly stated in this Section 2. COMPENSATION In consideration of the Assigned Rights, [COMPANY NAME] agrees to pay [YOUR COMPANY NAME] the sum of [AMOUNT] (the \"Purchase Price\") payable upon the execution of this Agreement by all of the parties hereto. REPRESENTATIONS AND WARRANTIES The Guarantors represent and warrant on a joint and several basis to [COMPANY NAME] that: the Patent and [COMPANY NAME]'s use of the Patent does not, to the best knowledge of the Guarantors, infringe upon any patent, or any trademark, copyright, trade secret or other Intellectual Property Rights or proprietary right of any third party, and that there is currently no actual or threatened suit against [YOUR COMPANY NAME] by any third party based on an alleged violation of such right, and the Guarantors do not know of any basis for any such action; there are no outstanding assignments, grants, licenses, liens, encumbrances, obligations or agreements (whether written, oral or implied) regarding the Patent; [YOUR COMPANY NAME] has all rights, power and authority required in order to grant the Assigned Rights free and clear of all encumbrances or legal restrictions, in accordance with this Agreement; [YOUR COMPANY NAME] has good and marketable title to the Patent; there is no requirement for [YOUR COMPANY NAME] to obtain any other authorization, consent or approval from any third party as a condition to the enforceability of any provision of this Agreement or the lawful conclusion of the transactions contemplated by this Agreement; Notwithstanding any investigation conducted prior to the execution of this Agreement, and notwithstanding implied knowledge or notice of any fact or circumstance which [COMPANY NAME] may have as a result of such investigation or otherwise, [COMPANY NAME] shall be entitled to rely upon the representations and warranties set forth herein and the obligations of [YOUR COMPANY NAME] hereto with respect to such representations and warranties shall survive the termination of this Agreement for any reason. The Guarantors, on a joint and several basis, shall indemnify and hold [COMPANY NAME] harmless from all losses, liabilities, damages and expenses, including reasonable attorneys' fees and costs (collectively, \"Liabilities\"), that [COMPANY NAME] may suffer to the extent resulting from any claims, demands, actions or other proceedings made or instituted by any third party against [COMPANY NAME] and arising out of the use of the Patent, or related to the breach of any obligation or any representation and warranty under this Agreement, except for Liabilities arising out of the gross negligence or willful misconduct of [COMPANY NAME]. TERM AND TERMINATION This Agreement shall take effect upon the execution hereof by both parties hereto, and, unless sooner terminated as per paragraph 5.2 below, shall remain in effect until the expiration of the Patent. Upon any material breach or default under this Agreement by either Party, the other Party may give notice of such breach or default and, unless the same shall be cured within [NUMBER] days after delivery of such notice, then, without limitation of any other remedy available hereunder, such Party may terminate this Agreement immediately upon delivery of a notice of termination to the other Party at any time thereafter. The termination of this Agreement by either of the Parties shall be subject to all other rights and remedies available to the Parties hereunder or otherwise. NOTICE","Intellectual Property Assignment",80,"https://templates.business-in-a-box.com/imgs/1000px/intellectual-property-assignment-D5229.png","https://templates.business-in-a-box.com/imgs/250px/5229.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#5229.xml",{"title":6,"description":6},[164,165],{"label":32,"url":112},{"label":166,"url":167},"Transfer & Assignment Agreements","transfer-assignment-agreement","intellectual property assignment","/template/intellectual-property-assignment-D5229",false,{"seo":172,"reviewer":184,"quick_facts":188,"at_a_glance":191,"personas":195,"variants":220,"glossary":248,"clauses":282,"how_to_fill":333,"common_mistakes":374,"faqs":399,"industries":427,"comparisons":452,"diy_vs_lawyer":465,"jurisdictions":478,"related_template_ids_curated":499,"schema":507,"classification":508},{"meta_title":173,"meta_description":174,"primary_keyword":175,"secondary_keywords":176},"Website Design Hosting & Commercial Services Agreement | BIB","Free website design, hosting, and commercial services agreement template. Covers scope, IP ownership, hosting SLAs, payment terms, and termination.","website design hosting and commercial services agreement",[177,178,179,180,181,182,183],"web design services agreement template","web development contract template","website services contract","web design contract template free","website hosting services contract","commercial web services agreement","website design contract word",{"name":185,"credential":186,"reviewed_date":187},"Bruno Goulet","CEO, Business in a Box","2026-05-02",{"difficulty":189,"legal_review_recommended":190,"signature_required":190},"advanced",true,{"what_it_is":192,"when_you_need_it":193,"whats_inside":194},"A Website Design, Hosting, and Commercial Services Agreement is a legally binding contract between a web services provider and a client that governs the full lifecycle of a website engagement — from initial design and development through ongoing hosting, maintenance, and any ancillary commercial services such as e-commerce integration or SEO. This free Word download gives you a structured, attorney-informed starting point you can edit online and export as PDF before signature.\n","Use it whenever a web design agency, freelance developer, or hosting provider takes on a client project that combines creative deliverables with ongoing technical services. It is especially critical when the engagement includes e-commerce functionality, payment processing, or recurring hosting fees — where service interruptions have direct revenue consequences for the client.\n","Scope of work and deliverables, IP ownership and licensing, hosting service levels and uptime commitments, payment schedules and late-fee provisions, client content responsibilities, acceptable use policy, confidentiality, liability limitations, and termination with data-return obligations.\n",[196,200,204,208,212,216],{"title":197,"use_case":198,"icon_asset_id":199},"Web design agencies","Formalizing client engagements covering design, build, and managed hosting","persona-agency",{"title":201,"use_case":202,"icon_asset_id":203},"Freelance web developers","Protecting IP ownership and setting payment milestones before work begins","persona-freelancer",{"title":205,"use_case":206,"icon_asset_id":207},"Managed hosting providers","Defining SLA commitments, acceptable use, and liability caps for hosted clients","persona-it-service-provider",{"title":209,"use_case":210,"icon_asset_id":211},"E-commerce businesses","Contracting for store build, payment gateway integration, and ongoing maintenance","persona-ecommerce-seller",{"title":213,"use_case":214,"icon_asset_id":215},"Marketing agencies","Bundling website redesign with content management and digital campaign services","persona-marketing-agency",{"title":217,"use_case":218,"icon_asset_id":219},"SaaS and technology startups","Engaging an external agency to build and host a public-facing product site or portal","persona-startup-founder",[221,225,229,233,236,240,244],{"situation":222,"recommended_template":223,"slug":224},"Standalone web design and build project with no hosting component","Web Design Services Agreement","website-design-hosting-and-commercial-services-agreement-D824",{"situation":226,"recommended_template":227,"slug":228},"Hosting-only arrangement with no design or development work","Website Hosting Agreement","checklist-website-hosting-agreement-D770",{"situation":230,"recommended_template":231,"slug":232},"Ongoing website maintenance retainer after launch","Website Maintenance Agreement","web-site-hosting-agreement-D776",{"situation":234,"recommended_template":88,"slug":235},"Engaging a freelance developer for a single defined project","independent-contractor-agreement-D160",{"situation":237,"recommended_template":238,"slug":239},"SaaS platform providing white-label website services to resellers","Software as a Service (SaaS) Agreement","saas-service-level-agreement-D12859",{"situation":241,"recommended_template":242,"slug":243},"E-commerce store build with ongoing performance marketing services","Digital Marketing Services Agreement","digital-marketing-plan-D12766",{"situation":245,"recommended_template":246,"slug":247},"Agency needing to subcontract part of the work to a third-party developer","Subcontractor Agreement","subcontract-agreement-D172",[249,252,255,258,261,264,267,270,273,276,279],{"term":250,"definition":251},"Scope of Work","The documented list of deliverables, tasks, and features the provider agrees to build or maintain — changes outside this list require a written change order.",{"term":253,"definition":254},"Service Level Agreement (SLA)","A contractual commitment specifying minimum hosting uptime (e.g., 99.9%), response times, and the remedies — typically service credits — when those levels are not met.",{"term":256,"definition":257},"Intellectual Property (IP) Assignment","A clause that transfers ownership of custom-designed assets, code, and content from the creator to the client upon full payment.",{"term":259,"definition":260},"Work for Hire","A US copyright doctrine under which original work created by an employee or contractor in certain categories is deemed owned by the commissioning party from creation.",{"term":262,"definition":263},"Acceptable Use Policy (AUP)","A set of rules defining how the client may use the hosting infrastructure — prohibiting spam, illegal content, excessive resource consumption, and security attacks.",{"term":265,"definition":266},"Change Order","A signed written amendment that adds, removes, or modifies deliverables or fees after the original agreement is executed.",{"term":268,"definition":269},"Uptime Guarantee","The provider's commitment to keep the hosted website accessible for a defined percentage of time per month, typically expressed as 99.9% (allowing ~43 minutes of downtime per month).",{"term":271,"definition":272},"Limitation of Liability","A clause capping the maximum damages one party can recover from the other — typically limited to fees paid in the prior 3 or 12 months.",{"term":274,"definition":275},"Data Return Obligation","A contractual requirement that the provider return or transfer the client's website files, databases, and content within a defined window after termination.",{"term":277,"definition":278},"Indemnification","An obligation by one party to cover the other's legal costs and damages arising from a specified type of claim — commonly triggered by IP infringement or content violations.",{"term":280,"definition":281},"Force Majeure","A clause excusing non-performance caused by events outside a party's reasonable control, such as natural disasters, cyberattacks on upstream infrastructure, or government actions.",[283,288,293,298,303,308,313,318,323,328],{"name":284,"plain_english":285,"sample_language":286,"common_mistake":287},"Parties, Recitals, and Definitions","Identifies the provider and client as legal entities, states the purpose of the agreement, and defines key terms used throughout.","This Website Design, Hosting, and Commercial Services Agreement ('Agreement') is entered into as of [DATE] by and between [PROVIDER LEGAL NAME], a [STATE] [ENTITY TYPE] ('Provider'), and [CLIENT LEGAL NAME], a [STATE] [ENTITY TYPE] ('Client').","Using trade names instead of registered legal entity names. If the suing party's name doesn't match the signatory, enforcing payment obligations or IP clauses becomes procedurally complicated.",{"name":289,"plain_english":290,"sample_language":291,"common_mistake":292},"Scope of Work and Deliverables","Describes exactly what the provider will design, build, and host — pages, features, integrations, and hosting tier — typically by reference to an attached Schedule A.","Provider shall design and develop the Website as described in Schedule A ('Deliverables'), including [NUMBER] page templates, [PLATFORM] CMS integration, and [FEATURE LIST]. Hosting services are described in Schedule B.","Embedding granular feature lists in the contract body instead of a numbered Schedule. When scope changes arise, a Schedule amendment is simpler than a full contract redline.",{"name":294,"plain_english":295,"sample_language":296,"common_mistake":297},"Fees, Payment Schedule, and Late Charges","States the project fee, hosting fee, payment milestones (typically deposit, mid-project, and launch), and the interest or suspension right triggered by late payment.","Client shall pay Provider a total project fee of $[AMOUNT], due as follows: [X]% upon execution ($[AMOUNT]), [X]% upon delivery of design mockups ($[AMOUNT]), and [X]% upon site launch ($[AMOUNT]). Hosting fees of $[AMOUNT]/month are due on the [DAY] of each month. Overdue balances accrue interest at [1.5]% per month.","Collecting only a 10–15% deposit on large projects. A deposit below 30–40% of the project fee leaves the provider exposed to sunk labor costs if the client stalls or disappears mid-project.",{"name":299,"plain_english":300,"sample_language":301,"common_mistake":302},"Intellectual Property Ownership and License","Assigns ownership of custom deliverables to the client upon full payment, while the provider retains rights to underlying tools, frameworks, and pre-existing IP licensed to the client.","Upon receipt of all fees due, Provider assigns to Client all right, title, and interest in the custom Deliverables. Provider retains all rights in Provider's pre-existing tools, libraries, and methodologies ('Provider IP'), and grants Client a non-exclusive license to use Provider IP solely as incorporated in the Website.","No carve-out for the provider's pre-existing IP — frameworks, component libraries, and reusable code modules. Without it, clients could claim ownership of tools the provider uses across dozens of projects.",{"name":304,"plain_english":305,"sample_language":306,"common_mistake":307},"Client Responsibilities and Content","Specifies what the client must provide — copy, images, brand assets, access credentials, and timely approvals — and the consequences of client delays on the project timeline.","Client shall provide all content, images, and materials listed in Schedule C by [DATE]. Client delays exceeding [10] business days may extend the delivery timeline by an equal period and may be subject to a delay fee of $[AMOUNT]/week.","No delay-fee or timeline-extension clause. When clients take 3 months to deliver content, the provider's capacity is blocked and project profitability collapses — with no contractual remedy.",{"name":309,"plain_english":310,"sample_language":311,"common_mistake":312},"Hosting Services, SLA, and Uptime","Defines the hosting tier, data center location, uptime commitment (e.g., 99.9% monthly), measurement methodology, and service credits for breach of the SLA.","Provider shall host the Website on [HOSTING PLATFORM] in [DATA CENTER REGION] with a monthly uptime target of [99.9]%. Downtime below this threshold entitles Client to a service credit of [X]% of the monthly hosting fee for each full hour of excess downtime, up to a maximum of [50]% of the monthly fee.","Promising 100% uptime. No hosting infrastructure can guarantee zero downtime — scheduled maintenance windows and upstream provider outages make 100% an unenforceable and misleading commitment.",{"name":314,"plain_english":315,"sample_language":316,"common_mistake":317},"Acceptable Use Policy","Prohibits the client from using the hosted infrastructure for illegal activity, spamming, excessive bandwidth consumption, or content that violates third-party rights — and gives the provider the right to suspend for violations.","Client shall not use the hosting services to transmit illegal content, send unsolicited commercial email, infringe third-party IP rights, or consume resources in a manner that degrades service to other clients. Provider may suspend hosting immediately upon discovery of a material AUP violation, with notice to Client within [24] hours.","No suspension right. Without it, the provider must pursue termination — a slower process — while a client's malicious or illegal content continues to expose the provider to liability and DMCA takedown requests.",{"name":319,"plain_english":320,"sample_language":321,"common_mistake":322},"Confidentiality","Restricts both parties from disclosing the other's non-public business information — pricing, technical architecture, client data — obtained during the engagement.","Each party agrees to hold in confidence the other's Confidential Information and not to disclose or use it except as necessary to perform under this Agreement. Confidential Information excludes information that is publicly known, independently developed, or lawfully received from a third party.","No mutual confidentiality — provider confidentiality only. The client shares sensitive business strategy, revenue data, and customer information with the provider; one-sided clauses leave clients understandably reluctant to share what the provider needs to do the work.",{"name":324,"plain_english":325,"sample_language":326,"common_mistake":327},"Limitation of Liability and Disclaimer of Warranties","Caps the provider's total financial exposure — typically to fees paid in the prior 12 months — and disclaims liability for indirect damages like lost profits or data loss caused by hosting interruptions.","Provider's total liability under this Agreement shall not exceed the fees paid by Client in the [12] months preceding the claim. In no event shall either party be liable for indirect, incidental, consequential, or punitive damages, including lost profits or data loss, even if advised of the possibility.","No liability cap at all. For a $5,000 web project, unlimited liability exposure for hosting interruptions that cause client revenue loss could exceed the entire engagement value by orders of magnitude.",{"name":329,"plain_english":330,"sample_language":331,"common_mistake":332},"Term, Termination, and Data Return","Sets the initial term, auto-renewal conditions, each party's right to terminate for cause or convenience, notice periods, and the provider's obligation to return website files and data after termination.","This Agreement commences on [DATE] and continues for an initial term of [12] months, renewing automatically on a month-to-month basis unless either party provides [30] days' written notice. Upon termination, Provider shall make Client's website files and database available for download for [30] days, after which Provider may delete all Client data.","No data-return window after termination. Providers who delete client data immediately or refuse to release files without additional payment create serious legal exposure and reputational damage — and may violate data protection laws in several jurisdictions.",[334,339,344,349,354,359,364,369],{"step":335,"title":336,"description":337,"tip":338},1,"Enter legal entity names and contact details","Fill in the full registered legal names of both the provider and the client, including entity type (LLC, corporation, sole trader) and principal business address. Do not use brand names or trading names.","Confirm the client's exact legal name against their business registration before execution — mismatches complicate enforcement of payment obligations.",{"step":340,"title":341,"description":342,"tip":343},2,"Complete Schedule A with a detailed scope of work","List every page template, feature, platform, integration, and deliverable by name. If the project has phases, number them and assign target completion dates to each.","Anything not listed in Schedule A is out of scope. Err on the side of specificity — vague scope is the single biggest driver of scope creep disputes.",{"step":345,"title":346,"description":347,"tip":348},3,"Set the fee structure and payment milestones","Enter the total project fee, the deposit percentage (minimum 30%), and the dates or trigger events (design approval, staging delivery, go-live) for each payment installment. Add the monthly hosting fee and billing date.","Tie the final payment milestone to client sign-off rather than a calendar date — this prevents clients from claiming the site is 'not done' while withholding the final payment indefinitely.",{"step":350,"title":351,"description":352,"tip":353},4,"Define IP ownership and pre-existing IP carve-outs","Confirm that custom deliverables transfer to the client upon full payment. List in Schedule D any pre-existing tools, frameworks, or third-party libraries that remain the provider's property and are licensed — not assigned — to the client.","If you use a proprietary CMS, page builder, or plugin you license to all clients, list it in Schedule D explicitly — otherwise a client could argue it was sold to them outright.",{"step":355,"title":356,"description":357,"tip":358},5,"Configure the hosting SLA and uptime terms","Enter the hosting platform, data center region, monthly uptime target (99.9% is the industry standard), and the service credit formula for breach. Include scheduled maintenance windows and how they are treated in uptime calculations.","Exclude scheduled maintenance windows (with at least 48 hours' notice) from uptime calculations — planned outages are normal and should not trigger service credits.",{"step":360,"title":361,"description":362,"tip":363},6,"Insert the acceptable use policy","Review the AUP clause and confirm it covers prohibited content types, bandwidth and resource limits, security restrictions, and your right to suspend immediately for material violations.","Reference your hosting provider's own AUP by URL in this clause so that upstream restrictions automatically flow down to your client without requiring contract amendments.",{"step":365,"title":366,"description":367,"tip":368},7,"Set term, renewal, and termination notice periods","Enter the initial contract term (typically 12 months), the auto-renewal mechanism, and the notice period required for non-renewal or termination for convenience (30 days is standard for monthly hosting).","For multi-year hosting agreements, include an annual price adjustment clause tied to CPI or a fixed percentage (e.g., 3–5%) to protect against cost increases.",{"step":370,"title":371,"description":372,"tip":373},8,"Sign before work begins and before any credentials are shared","Obtain countersignatures from both parties before the provider accesses domain registrars, CMS platforms, or payment gateways. The agreement is the authorization for that access.","Use a timestamped e-signature platform so the exact moment of execution is documented — critical if a payment or IP dispute arises before the site launches.",[375,379,383,387,391,395],{"mistake":376,"why_it_matters":377,"fix":378},"Starting work before the agreement is signed","Without a signed contract, IP ownership defaults to the creator, payment obligations are unenforceable, and scope has no formal definition — any dispute becomes a credibility contest.","Execute the agreement and collect the deposit payment before writing a single line of code, creating any design mockups, or sharing any account credentials with the provider.",{"mistake":380,"why_it_matters":381,"fix":382},"No delay clause for client-side content delivery","Providers routinely lose months of billable capacity waiting for client copy, images, and approvals — with no contractual remedy to recover costs or extend the timeline.","Include a clause stating that client delays beyond a defined threshold (e.g., 10 business days) automatically extend the delivery schedule by the same period and may trigger a weekly delay fee.",{"mistake":384,"why_it_matters":385,"fix":386},"Omitting the provider's pre-existing IP carve-out","If the agreement assigns all deliverables to the client without reserving the provider's proprietary frameworks and tools, the provider may inadvertently transfer IP they use across their entire client base.","List all pre-existing tools, libraries, CMS platforms, and plugins in a Schedule and confirm they are licensed — not sold — to the client as part of the deliverables.",{"mistake":388,"why_it_matters":389,"fix":390},"No liability cap on hosting-related revenue loss claims","An e-commerce client can claim thousands of dollars in lost sales for even a brief hosting outage. Without a cap, a $200/month hosting contract becomes a vehicle for unlimited liability.","Cap total liability at fees paid in the prior 12 months and explicitly exclude indirect, consequential, and lost-profit claims in a clearly worded disclaimer clause.",{"mistake":392,"why_it_matters":393,"fix":394},"No data-return or transition-assistance clause","Providers who refuse to release website files, databases, or DNS credentials after termination face breach-of-contract claims and, in the EU and UK, potential data protection violations.","Include a clause committing to provide all files, databases, and documentation within 30 days of termination, and specify a deletion timeline for any copies retained thereafter.",{"mistake":396,"why_it_matters":397,"fix":398},"Using a one-size-fits-all agreement for clients with e-commerce or payment processing","E-commerce engagements carry PCI DSS compliance obligations, payment gateway liability, and consumer data responsibilities that a standard web design contract does not address — leaving both parties exposed.","Add a Schedule or addendum specifically addressing PCI scope, data handling, payment gateway access credentials, and each party's responsibility for compliance with applicable consumer data laws.",[400,403,406,409,412,415,418,421,424],{"question":401,"answer":402},"What is a website design, hosting, and commercial services agreement?","It is a single binding contract that governs a web services provider's full engagement with a client — covering the design and development of a website, the ongoing hosting of that site on the provider's or a third-party's infrastructure, and any additional commercial services such as e-commerce integration, maintenance, or SEO. Combining all three in one document eliminates the gaps that arise when design, hosting, and ancillary services are governed by separate agreements with conflicting terms.\n",{"question":404,"answer":405},"Who should sign this agreement?","Any web design agency, freelance developer, or managed hosting provider that simultaneously delivers a website build and provides ongoing hosting should use this agreement. It is equally important for clients — especially e-commerce businesses and those with high-traffic sites — to insist on a signed agreement before granting access to domain registrars, CMS platforms, or payment gateways. Both parties need the protections it provides.\n",{"question":407,"answer":408},"Who owns the website once it is built?","Ownership depends entirely on what the contract says. Without an IP assignment clause, copyright in custom-designed assets and original code typically vests in the creator — the developer or agency — not the client. A properly drafted agreement assigns ownership of custom deliverables to the client upon full payment, while the provider retains rights to pre-existing tools and frameworks that are licensed to the client as part of the deliverable.\n",{"question":410,"answer":411},"What uptime percentage should a hosting agreement guarantee?","99.9% monthly uptime is the industry standard for commercial hosting agreements. This allows approximately 43 minutes of unplanned downtime per month. 99.99% (about 4.3 minutes per month) is available at higher price points and is appropriate for high-volume e-commerce or mission-critical applications. Avoid promising 100% — no infrastructure can deliver it, and the commitment is unenforceable in practice.\n",{"question":413,"answer":414},"What happens to the website files if I terminate the hosting agreement?","A well-drafted agreement requires the provider to make all website files, databases, and associated content available for client download for a defined period — typically 30 days — after termination. The provider may then delete its copies. Agreements that lack this clause can leave clients locked out of their own site files, which creates significant business disruption and, in the EU and UK, potential data protection compliance issues for the provider.\n",{"question":416,"answer":417},"Can the provider raise hosting fees after the agreement is signed?","Only if the agreement permits it. Include an annual price adjustment clause tied to a CPI index or a fixed percentage (typically 3–5%) to allow for cost inflation while giving the client predictability. Without such a clause, the provider cannot unilaterally increase fees during the contract term. For multi-year agreements, most providers negotiate a fee schedule with defined annual increases rather than a fixed rate.\n",{"question":419,"answer":420},"What is an acceptable use policy and why does the agreement need one?","An acceptable use policy defines what the client may and may not do with the hosting infrastructure — prohibiting illegal content, spam, excessive resource use, and security attacks. Providers need it because they are legally and commercially responsible for content hosted on their servers under DMCA, CAN-SPAM, and various EU regulations. It also gives the provider a contractual right to suspend the client immediately if a violation occurs, rather than waiting out a full termination process.\n",{"question":422,"answer":423},"Does this agreement cover GDPR or other data protection obligations?","A standard agreement addresses confidentiality and data return but typically does not constitute a full Data Processing Agreement (DPA) under GDPR or the UK GDPR. If the provider processes personal data on behalf of the client — visitor analytics, form submissions, e-commerce customer data — a separate DPA or addendum is required in the EU and UK. In the US, state privacy laws (California CCPA, etc.) may impose similar requirements depending on the nature of the data handled.\n",{"question":425,"answer":426},"What liability does the provider have for hosting downtime that causes lost sales?","Without a limitation-of-liability clause, exposure is theoretically unlimited — a client with a high-revenue e-commerce site can claim substantial lost profits for even a short outage. In practice, courts in most jurisdictions will consider whether the damages were foreseeable, but litigation is expensive regardless of outcome. A well-drafted agreement caps total liability at fees paid in the prior 12 months and explicitly excludes indirect and consequential damages, including lost profits and lost data — making the provider's exposure proportionate to the value of the contract.\n",[428,432,436,440,444,448],{"industry":429,"icon_asset_id":430,"specifics":431},"E-commerce and Retail","industry-ecommerce","Payment gateway integration, PCI DSS scope allocation, shopping cart and inventory system build, and uptime SLAs tied directly to peak-season revenue periods.",{"industry":433,"icon_asset_id":434,"specifics":435},"Professional Services","industry-professional-services","Firm-branded portals, client intake forms, appointment scheduling integrations, and confidentiality obligations covering client data submitted through the site.",{"industry":437,"icon_asset_id":438,"specifics":439},"Healthcare and MedTech","industry-healthtech","HIPAA-compliant hosting requirements, patient data handling obligations, BAA addendum needs, and strict access control provisions for medical record integrations.",{"industry":441,"icon_asset_id":442,"specifics":443},"SaaS and Technology","industry-saas","Marketing site build tied to product launch timelines, CDN and performance SLA requirements, technical SEO deliverables, and CMS handoff for in-house content teams.",{"industry":445,"icon_asset_id":446,"specifics":447},"Hospitality and Tourism","industry-hospitality","Booking engine and reservation system integration, multi-currency and multi-language requirements, and high-availability SLAs around peak booking seasons.",{"industry":449,"icon_asset_id":450,"specifics":451},"Media and Publishing","industry-media","High-bandwidth and CDN requirements for video and image-heavy content, advertising network integrations, and content licensing clauses covering third-party media assets.",[453,455,458,461],{"vs":88,"vs_template_id":235,"summary":454},"An independent contractor agreement governs the engagement of a self-employed individual for defined project work — it addresses worker classification and basic deliverable ownership but lacks hosting SLAs, acceptable use provisions, and ongoing service terms. A website design, hosting, and commercial services agreement is purpose-built for the full lifecycle of a web engagement including post-launch obligations.",{"vs":117,"vs_template_id":456,"summary":457},"saas-agreement-D13267","A SaaS agreement governs access to a software platform delivered over the internet — it addresses subscription terms, data processing, and platform availability for a pre-built product. A website design, hosting, and commercial services agreement covers custom-built deliverables unique to a specific client, IP assignment, and bespoke hosting arrangements. Use a SaaS agreement when selling access to your platform; use this agreement when building and hosting a custom site for a client.",{"vs":103,"vs_template_id":459,"summary":460},"service-agreement-D12711","A general service agreement covers the provision of professional services but does not address hosting SLAs, website IP ownership, acceptable use policies, or data return obligations after termination. It is appropriate for consulting and advisory engagements. This agreement adds the infrastructure and IP-specific provisions that a general service agreement lacks.",{"vs":462,"vs_template_id":463,"summary":464},"Non-Disclosure Agreement","non-disclosure-agreement-nda-D12692","An NDA protects confidential information exchanged during negotiations or project scoping but creates no payment obligation, IP transfer, or service delivery commitment. It is typically signed before this agreement, during initial client conversations. Once the project proceeds, the confidentiality obligations in the NDA should be superseded by or incorporated into this comprehensive services agreement.",{"use_template":466,"template_plus_review":470,"custom_drafted":474},{"best_for":467,"cost":468,"time":469},"Freelance developers and small agencies with standard design-and-host engagements under $10,000","Free","30–45 minutes",{"best_for":471,"cost":472,"time":473},"Agencies with e-commerce clients, healthcare data handling, or contracts above $10,000","$400–$800 for a 1–2 hour attorney review","2–5 days",{"best_for":475,"cost":476,"time":477},"Enterprise-level engagements, multi-jurisdiction clients, or hosting of regulated data (health, finance, government)","$2,000–$6,000+","2–4 weeks",[479,484,489,494],{"code":480,"name":481,"flag_asset_id":482,"note":483},"us","United States","flag-us","IP ownership in website deliverables is governed by US copyright law — without an explicit written assignment, the creator retains ownership. The 'work for hire' doctrine applies only in narrow circumstances for independent contractors, so an assignment clause is essential. State laws vary on non-compete enforceability for any restrictive covenants included in the agreement. DMCA safe harbor provisions protect providers from liability for client-posted infringing content only if a takedown procedure is implemented and referenced in the acceptable use policy.",{"code":485,"name":486,"flag_asset_id":487,"note":488},"ca","Canada","flag-ca","Canadian copyright law similarly vests IP in the creator by default, making a written assignment clause necessary. PIPEDA (and its provincial equivalents in Quebec, Alberta, and BC) imposes obligations on parties collecting or processing personal data through hosted websites — a data processing addendum may be required for sites with user registration or e-commerce. Quebec's Act Respecting the Protection of Personal Information in the Private Sector (Law 25) introduced GDPR-like requirements effective 2023, including mandatory privacy policies and consent mechanisms for Quebec-resident users.",{"code":490,"name":491,"flag_asset_id":492,"note":493},"uk","United Kingdom","flag-uk","Under UK copyright law, IP vests in the creator unless a written assignment is made — the same need for an explicit clause applies as in North America. Post-Brexit, the UK GDPR and the Data Protection Act 2018 govern personal data processing; if the hosted website collects data from UK residents, a Data Processing Agreement is required and the agreement should reference the applicable lawful basis for processing. Consumer-facing e-commerce sites are also subject to the UK Consumer Contracts Regulations, which the provider should advise the client to address in website terms and conditions.",{"code":495,"name":496,"flag_asset_id":497,"note":498},"eu","European Union","flag-eu","GDPR Article 28 requires a written Data Processing Agreement between controller (client) and processor (hosting provider) when personal data of EU residents is processed — this is a legal obligation, not optional, and cannot be satisfied by a standard services agreement alone. Hosting servers within the EU is strongly advisable for data-minimization compliance; cross-border transfers to the US require Standard Contractual Clauses or another approved transfer mechanism. Several member states — Germany and France in particular — impose additional e-commerce and consumer protection obligations that flow down to the website operator and, contractually, to the provider where the provider has built the relevant functionality.",[235,459,500,463,247,501,243,502,503,504,505,506],"saas-agreement-D12704","intellectual-property-assignment-D5229","master-service-agreement-D12657","change-order-D13613","website-terms-and-conditions-D13193","data-privacy-policy-D13465","data-processing-agreement-D13954",{"emit_how_to":190,"emit_defined_term":190},{"primary_folder":112,"secondary_folder":509,"document_type":510,"industry":511,"business_stage":512,"tags":513,"confidence":519},"services-and-consulting","agreement","software-and-technology","all-stages",[514,515,516,517,518],"contract","website-design","hosting-services","services-agreement","commercial-services",0.85,"\u003Ch2>What is a Website Design, Hosting, and Commercial Services Agreement?\u003C/h2>\n\u003Cp>A \u003Cstrong>Website Design, Hosting, and Commercial Services Agreement\u003C/strong> is a legally binding contract between a web services provider — an agency, freelance developer, or managed hosting company — and a client that governs the complete engagement from initial design and development through ongoing hosting and ancillary commercial services. It establishes who owns the finished work, what uptime the provider must deliver, how and when the client pays, what the client may and may not do with the hosting infrastructure, and how either party may exit the relationship without losing access to critical website assets. Unlike a general service agreement or a standalone hosting contract, this document is purpose-built to address the overlapping IP, infrastructure, and ongoing commercial obligations that arise when design, development, and hosting are bundled into a single engagement.\u003C/p>\n\u003Ch2>Why You Need This Document\u003C/h2>\n\u003Cp>Without a signed agreement in place before work begins, four serious problems emerge simultaneously. First, copyright in any custom-designed assets and original code vests by default in the creator under US, Canadian, and UK law — meaning the client may not legally own the website they paid to have built. Second, there is no enforceable payment schedule, leaving the provider with no contractual basis to suspend work or recover fees when a client delays or disappears mid-project. Third, the provider has no contractual right to suspend hosting for acceptable use violations — illegal content, spam, or bandwidth abuse — until a lengthy termination process concludes. Fourth, when the engagement ends, there is nothing compelling the provider to return files and database credentials, which can leave a client locked out of their own site. This template closes all four gaps with attorney-informed clauses covering IP assignment, payment milestones, acceptable use and suspension rights, liability caps, and data return obligations — giving both parties a clear, enforceable framework before a single line of code is written.\u003C/p>\n",1778696374979]