Description
This contract will be suitable for an Internet Service Provider (ISP) or any company (for example a Website Developer) that wishes to provide servers for clients to store websites on for public access via the internet. The terms and conditions of this agreement have been drafted principally from the viewpoint of the hosting company. Services that could, for example, be included are storage, e-mail forwarding, domain name registration and services, virus scanning as well as web management and site maintenance.
Summary
The hosting company will include its own terms relating to what services are to be provided and payment terms in the schedule to the agreement. For the best advantage, the company does not guarantee service levels but undertakes to rectify problems and faults as soon as is practical. Duration of the contract is 12 months and it may be terminated thereafter by three months notice.
The Provider does not take responsibility for the operability of client content and also reserves the right to remove content where it suspect a breach of law or third party rights. Additionally an indemnity is taken for losses or damages suffered by the hosting company caused by client content (including by action of regulatory authorities).
Protective payment terms are included. These allow for interest on late payments and permit the hosting company to “pause” services in the event of a payment default.
The necessary licenses are issued in respect of any Intellectual Property (IP) on the site (full right to this property is reserved to the original owners). Any (IP) in material owned by the hosting company (whether or not modified) and provided to enable the services, is expressed to remain with the company. The client may not modify or use any hosting company owned IP without written consent.
The agreement will permit the provider to use the client’s name and logo for marketing purposes (for example on its website). This provision will be less relevant for an ISP and more so for a company providing more services than pure hosting.
Should the hosting company require conformity by the client to an Online Conduct Policy, allowance has been made for this.
Sub-contracting is expressly permitted and this agreement contains extensive warranties, indemnities and limitations of liability designed to protect the hosting company. Client breach of contract or of the terms of the Online Conduct Policy, as well as any substantive business problems will permit the hosting company to terminate the agreement.
Confidential information is protected under the agreement and the hosting company will not be liable for any breach of contract caused by factors not within its control (including lack of internet access).
Short Description
Contract for a developer or ISP hosting client website on the service provider’s server. Hosting and additional services contained in the schedule to the agreement.
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