If you are starting up a web hosting company, then you need to have a quality managed web hosting agreement ready to go for all of those customers who want to sign up for your service. It’s important to make sure that you put all of the important aspects of the host and client relationship in the agreement, as it ensures that the customers know what they are getting and what to expect from you. The agreement will help to make clear your agreements, but it is a good idea to stay away from overly long and convoluted language. Even though the agreement needs to be formal, it also needs to be easily understood by all those who sign and agree to it. The following is a basic template that will help you.
Naturally, you should feel free to make changes that help to reflect your actual business and the exact services that you provide. Simply use the information here as a guideline, so that you can create an agreement that you can use with all of your managed hosting clients.
The Agreement
The Host Agreement is entered into on (add the current date) between (name and address of the hosting company) hereafter referred to as Host and (name of the client) hereafter referred to as client. Under the terms of the agreement, the Host will provide managed web hosting services to the Client, according to the terms that follow.
The Acceptance
By accepting the agreement and using the managed hosting services provided by the Host, the client agrees to be bound they the terms and conditions contained in the agreement.
The Services
The Host agrees to provide the Client with hosting services including (list the services provided). The Host reserves the right to change or modify the service plan with (enter number of days) written notice via email or postal service. Continued user of the Host’s services after receiving a notice indicates the Client’s acceptance of the modification, and the Client will be bound by the agreement.
The Agreement Term
The agreement will begin on the date of execution, and will continue through the end of the month indicated by the initial term, (enter a beginning and end date for the agreement here). The agreement will be automatically renewed at the end of the initial agreement for (number of months), or until terminated by the Host or the Client.
Termination without Cause
The Client can terminate the agreement at any time and for any reason, so long as they contact the Host through email or over the phone and request cancelation. When cancelled, the Host will not refund amounts already billed for the current service period. Amounts paid in advance will be refunded.
The Host can terminate the agreement at any time and for any reasons as well by providing email or postal mail notice of termination to the Client. The Host will provide (enter number of days) days notice before the termination takes effect.
Termination with Cause
The Client agrees to follow the terms of the agreement and the general use policies of the Host. The Host can change its policies with (enter number of days) days written notice to the Client. Violation by the Client of the terms of the agreement and the general use polices can result in immediate termination of the Client’s account. If the Host terminates the account because of policy violations, they will not refund any money billed during the billing period.
Payment Terms
The Client agrees to pay the Host (enter amount of money) for the monthly use of the managed hosting service. The Host has the right to modify or change the charges for the plan with (enter number of days) days written notice.
Taxes
The Host is not liable for taxes and governmental fees in regards to purchases made by the Client or from the Host’s server. The Client agrees to be fully responsible for fees and taxes with products or services sold when using the managed hosting plan.
Harassment and Abuse via Email
The Host prohibits harassment through email. This can include but is not limited to size of email messages, frequency of messages, and abusive language. The Client is not allowed to send email to those who do not want to receive it. Clients are not allowed to send unsolicited junk mail messages or spam.
Security Violations
The Client is not allowed to violate, or to attempt to violate, the security of the network. Violations could result in criminal or civil liability, as well as termination of the Client’s agreement. The Host will investigate any such incidents and will work with law enforcement to prosecute the Clients who violate the network security.
Examples of violations include (1), accessing data not intended for the Client, (2), logging into a service or account where the Client should not have access, (3) testing the vulnerability of the network, (4) taking action to use services the Client should not have access to, (5) interfering with the service network or the service of another Client.
Unlawful Use
The Client agrees that the managed hosting services will only be used for lawful purposes in accordance with local, state, and federal laws. Failure to abide by this rule will result in termination of the Client’s account.
Liability and Limitation of Damaged
The Client agrees that they are using the services provided by the Host at their own risk. The Host guarantees a (enter percentage) uptime for the Client. If the percentage falls below (enter percentage), the Host will Credit the Client for (enter the credit stipulations). The credit will be the Client’s only compensation for any downtime suffered. The Host will have no liability for any damages resulting from the downtime.
Attorney’s Fees
If there are any legal actions that take place regarding the enforcement of the agreement, the prevailing party will be able to receive attorney’s fees along with any other damages or money to which that party is entitled.
Acknowledgement of the Agreement Terms
The agreement here constitutes the relationship between the Host and the Client, and no other agreement or promise on the matter is enforceable. Only written changes with prior notification, as noted in this agreement, will make binding modifications. No oral agreements between Host representatives or Clients are binding.
Signatures
The agreement is signed on the behalf of (enter names of Host) and (enter the name of the Client or Clients) on (enter the date).
Please keep in mind that this is a simple, albeit effective agreement. When you are taking the basics that you find here and translating it to your own template, feel free to add any items that you might need for your particular business. In addition, once you have your template created, make it a point to speak with an attorney and have them look it over. They will be able to let you know if you have a high quality agreement that is enforceable.