WEB HOSTING AGREEMENT
- Website, App or Web Application Owner, the Client,; and **
- Hosting Provider, the Company, CONNECT, 2u2 Web Technologies,
The purpose of this Agreement (hereafter referred to as the “Agreement”) is to precede a longer-term contract arrangement under which Company will provide Web Hosting services on behalf of Client.
Subject to the terms and conditions of this Agreement, Company will provide Web Hosting services for Client subject to the following terms:
Length of Service.
Client agrees to an initial twelve (12), quarterly (3 months) or monthly (1) month contractual term of service (“Term”).
Service Start Date.
The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Company receipt of payment for such first Term of service or upon a mutually agreed upon alternate date.
Renewal by Client.
This Agreement will automatically renew for successive twelve (12), quarterly (3), monthly (1) month Terms unless canceled in writing by Client at least 30 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to Client’s account.
Cost will be (as defined by hosting plan) per year and includes the following:
- Storage defined by hosting plan
- Bandwidth defined by hosting plan
- PCI Compliant
- Scheduled Weekly Backups
- On Demand Backups
- Ticket Support
TERMS OF PAYMENT
Terms of payment are C.O.D. unless credit approval has been granted by Company. If credit approval has been granted, credit terms are net 10 days upon receipt of invoice. We reserve the right to revoke any credit extended if payment is in arrears for more than 30 days.
Proprietary information exchanged hereunder shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Client further agrees to not decompose, disassemble, decode or reverse engineer any Company program, code or technology delivered to Client or any portion thereof.
Company will exercise no control whatsoever over the content of the information passing through the network, email or web site.
Company makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of Company is at Client’s own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Company does not represent guarantees of speed or availability of end-to-end connections. Company expressly limits its damages to Client for any non-accessibility time or other downtime to the pro-rata monthly charge during the system unavailability. Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
TRADEMARKS AND COPYRIGHTED MATERIAL
Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service. Host warrants that it has the right to use any applicable trademarks or copyrighted material provided in connection with this service. If Client uses and applicable trademarks, copyrighted material, software or service as a software, provided exclusively by Hoster or Hosting Company, and related entities, that Client accepts the voidance of any rights once the Hosting is suspended, terminated or cancelled. In relation to copyrighted material, no third party except Client may ever use the services provided by Hosting Company *
* Under special circumstances the Hosting company may agree to provide the client account details to third party, only after the Client’s account has been in soft suspension, full suspension or terminated, or under special circumstances and agreements related to the Client’s account transfer, after suspension or termination. Note that the account transfer fees apply and Hosting companies and related entities web frameworks and Content Management Systems can’t be transferred.
Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from Company of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) upon mutual agreement in writing of Company and Client, 4) failure to comply with any provisions of the Agreement upon receipt of agreed Invoices with a cessation of Client to comply, 5) 3 months after a written notice of Client’s account soft termination ** in cases where a client’s domain name is still valid, connected to web services (hosting and web application) but not transferred to any other account outside the Company service provision.
** Soft Termination: Soft termination of Client’s accounts is performed when client exercises a failure to comply with the provisions of Agreement and upon receipt of written notice by the Company. Company might offer a soft termination of services and maintenance agreement, valid up to three (3) months after the notice is delivered. If the Agreement requirements aren’t met within the 3 months soft termination state then all other Company Services, except the domain name, that is a sole ownership of Client, are terminated. Termination after soft suspension might continue to keep the services (websites, files, frameworks, functions) alive after termination of Agreement in cases when clients domain name is still valid or when client doesn’t transfer its domain name to any other account, or until domain name expiration date. For additional circumstances and requirements, refer to APPROVAL section.
If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.
Client shall indemnify and hold Company harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Company directly or indirectly arising from or in connection with Client’s marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Client.
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of Queensland, Australia. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.
This contract * ** *** **** is signed by initial payment received that bounds both parties to this agreement.
*** If hosting account, the CONNECT, 2u2 Web Technologies, proprietary files and code are suspended or terminated by client at any time before the expiration is set, the CONNECT, 2u2 Web Technologies, does not take any responsibilities for the files or code lost and the client is obliged, in order to revoke the process, the payment fee of AUD $3.500,00 to revoke the files or code lost in the process. If files, code or any other CONNECT, 2u2 Web Technologies data cannot be revoked, client will be informed.
**** Any transfer attempts to third parties, companies, hosting providers should bear in mind the proprietary ownership of any CONNECT, 2u2 Web Technologies frameworks, files or codes that cannot be transferred to third parties without a written consent and incurred costs.