Website Hosting Agreement


** Approve Below **
 

This Website Hosting Agreement (the "Agreement") is entered into by and between:

  • Client:
  • Service Provider: Boost Solutions

1. DELIVERABLES
The Client engages Boost Solutions to provide the following services:

  1. Sydney Data Centre Server Location
  2. Raid 50 Redundancy
  3. 99% Uptime
  4. SSL Security Certificate
  5. 10 GB Storage
  6. Unlimited Bandwidth
  7. Unlimited Email Account Names
  8. Cpanel Dashboard Access
  9. FREE: Domain Transfer & Setup
  10. FREE: SSL Security Setup
  11. FREE: Email Setup
  12. FREE: Hosting Support

2. PAYMENT
The Client agrees to pay Boost Solutions the total sum of     $    per in advance for the services, as described in section 1.

3. TERM
This agreement will become effective as described in section 20 and continue for an initial term of 30 days (the "Term"). Unless either party gives written notice to the other at least 7 days before the end of the Term, this agreement will renew automatically for an additional 30-day term. This automatic extension will continue to apply at the end of each extended period until the agreement is terminated.

  • Termination Procedures: (i) By either party, on provision of 7 days' written notice before the end of a Term; (ii) By either party for a material breach of any provision of this agreement by the other party, if the other party's material breach is not cured within 7 days of receipt of written notice.
  • Effects of Termination: After the termination of this agreement, all licenses granted under this agreement will terminate unless they are expressly stated as surviving. The Client shall promptly pay Boost Solutions any outstanding amounts owed for services rendered before the effective date of the termination.

4. BOOST SOLUTIONS HOSTING SUPPORT
Boost Solutions shared hosting support ensures all server-side services required for the management and delivery of a customer’s website, web application, and/or emails function correctly. It also assists clients in understanding the basics of connecting to the services provided. While we strive to support our customers within the outlined support boundaries, we encourage clients to utilize our Knowledgebase for common issues and open support requests for assistance, even if they believe the issue is outside our support scope.

The General Scope of Boost Solutions Hosting Service:

  • Ensure all server services (HTTP, Mail, FTP, MySQL, DNS, etc.) are running normally.
  • Assist clients in connecting to their accounts via FTP, cPanel/Plesk, webmail, etc.
  • Provide configuration information for email accounts, FTP, and Control Panels.
  • Assist in understanding available tools within control panels if required.

5. CUSTOMER RESPONSIBILITY

  • Internet Training: Boost Solutions does not provide training on basic Internet technologies and concepts.

  • Data Backup: Customers are responsible for maintaining their own backups of important data. Boost Solutions maintains backups for shared services but cannot guarantee data availability or successful restoration. Restoring data from our backups incurs a $40.00 fee per restoration attempt.

6. CUSTOMER SUPPORT CONTACTS
Only defined customer contacts can submit support issues using listed contact email addresses. Customers can manage contacts via their billing portal.

7. RESELLERS:
Resellers are responsible for supporting their customers. Boost Solutions will not communicate directly with reseller customers for support. Resellers should contact Boost Solutions on their customer’s behalf.

8. LIMITATIONS AND EXCLUSIONS:

  • Desktop email and FTP configuration inquiries are supported for one primary FTP or email account on one primary PC using a primary supported application.
  • Additional email or FTP configurations must be performed by the customer or a third-party provider.
  • Advanced application support, data exporting/importing, and working with existing backups are not provided.

9. INDEMNIFICATION
Of Client by Boost Solutions: At all times after the effective date of this agreement, Boost Solutions shall indemnify the Client against any Loss or Litigation Expense arising out of:
(i) Boost Solutions' gross negligence or willful misconduct arising from Boost Solutions' carrying out of its obligations under this agreement; or
(ii) Boost Solutions' breach of any of its obligations or representations under this agreement.
Of Boost Solutions by Client: The Client shall at all times indemnify Boost Solutions against a Loss or Litigation Expense caused by any breach of any of the representations or agreements made by the Client under this agreement.

10. INTELLECTUAL PROPERTY
No Intellectual Property Infringement by Boost Solutions: Boost Solutions represents that the use and proposed use of any software, programs, or applications to maintain, repair, or update the Website does not and shall not infringe, and Boost Solutions has not received any notice, complaint, threat, or claim alleging infringement of, any trademark, copyright, patent, trade secrets, industrial design, or other rights of any third party. To the extent the software, programs, or applications used to maintain, repair, or update the Website infringe on the rights of a third party, Boost Solutions shall obtain a license or consent from that party permitting the use of those items.
No Intellectual Property Infringement by Client: The Client represents to Boost Solutions and unconditionally guarantees that all text, graphics, photos, designs, trademarks, hyperlinks, or other content on the Website are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will indemnify Boost solutions and its subcontractors against any liability, including any claim or suit, threatened or actual, arising from the use of those elements furnished by the Client. The Client further represents to Boost Solutions that its domain names and URL listing do not infringe, dilute, or otherwise violate third-party rights or trademarks.
Owner Property Rights: All text, graphics, photos, designs, trademarks, hyperlinks, or other content on the Website are the property of the Client, and Boost Solutions has no ownership rights or other intellectual property rights to those items.
Nature of Website Content: The Client represents that the content of the Website is not defamatory or obscene, does not constitute false advertising, and does not violate any applicable laws or regulations. Boost Solutions has the right, but not the duty, to review and monitor all Website content submitted pursuant to an Owner Maintenance Request and to reject or remove any content from the Website that Boost Solutions believes in good faith breaches the Client's representations made under this agreement. Boost Solutions accepts no responsibility or liability for any errors, inaccuracies, or unsuitable content on the Website.

11. GOVERNING LAW
Choice of Law: The laws of the state of Victoria govern this agreement (without giving effect to its conflicts of law principles).
Choice of Forum: Both parties consent to the personal jurisdiction of the state and federal courts in Australia, Victoria.

12. AMENDMENTS
No amendment to this agreement will be effective unless it is in writing and signed by a party.

13. ASSIGNMENT AND DELEGATION
No Assignment: Neither party may assign any of its rights under this agreement except with the prior written consent of the other party. All voluntary assignments of rights are limited by this subsection.
No Delegation: Neither party may delegate any performance under this agreement except with the prior written consent of the other party.
Enforceability of an Assignment or Delegation: If a purported assignment or delegation is made in violation of this section, it is void.

14. COUNTERPARTS; ELECTRONIC SIGNATURES
Counterparts: The parties may execute this agreement in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.
Electronic Signatures: This agreement, agreements ancillary to this agreement, and related documents entered into in connection with this agreement are signed when a party's signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.

15. SEVERABILITY
If any one or more of the provisions contained in this agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this agreement. This agreement will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it unless the deletion of those provisions would result in such a material change as to cause the completion of the transactions contemplated by this agreement to be unreasonable.

16. NOTICES
Writing; Permitted Delivery Methods: Each party giving or making any notice, request, demand, or other communication required or permitted by this agreement shall give that notice in writing and use one of the following types of delivery, each of which is a writing for purposes of this agreement: personal delivery, mail (registered or certified mail, postage prepaid, return receipt requested), nationally recognized overnight courier (fees prepaid), facsimile, or email.
Effectiveness: A notice is effective only if the party giving notice complies with subsections (a) and if the recipient receives the notice.

17. WAIVER
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver unless the writing so specifies.

18. ENTIRE AGREEMENT
This agreement constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties' agreement about the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement's effectiveness.

19. HEADINGS
The descriptive headings of the sections and subsections of this agreement are for convenience only and do not affect this agreement's construction or interpretation.

20. EFFECTIVENESS
This agreement will become effective when all parties have signed it. The date this agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature) will be deemed the date of this agreement.

21. NECESSARY ACTS; FURTHER ASSURANCES
Each party shall use all reasonable efforts to take or cause to be taken all actions necessary or desirable to consummate and make effective the transactions this agreement contemplates or to evidence or carry out the intent and purposes of this agreement.

Support Query Supported Not Supported
Downtime alerting, external monitoring Creating announcements for current issues being experienced Providing monitoring alerts directly to clients.

 

Web Hosting Control Panel (cPanel/Plesk)

Support Query Supported Not Supported
Cannot access control panel Ensure the client is aware of the required server ports. Resolving DNS misconfiguration where DNS is hosted externally.
Control panel functions not working correctly Issues relating to any server component not functioning correctly. Issues relating to bugs within the control panel software. If an issue is brought to our attention, we will forward the issue to the appropriate developers but cannot place guarantees on when a fix will be implemented.
Control panel functions disabled Enabling functions that are part of our standard shared hosting configuration if mistakenly disabled. Enabling Control Panel functions that have been disabled due to security or shared hosting configuration restrictions.

 

Customization of Hosting Environment

Support Query Supported Not Supported
ModSecurity Disabling of individual rules. Disabling of ModSecurity server-wide.
Modifications to Suhosin N/A Disabling of Suhosin – NOTE: this cannot be disabled on a per-account basis with our configuration. Customers need to find an alternative workaround if encountering issues due to Suhosin restrictions.
Installation of additional server modules (EasyApache) If a module exists within EasyApache, we will investigate requests to have these installed on a case-by-case basis. No guarantees are made that we will approve an additional module to be installed. Installation of third-party modules or applications that require being installed at the root level.
Customization of PHP with .htaccess Many PHP values can be adjusted using .htaccess php flag entries. Limitations to values are also in place as part of the Suhosin configuration so values can only be adjusted to a certain point. Creation of custom php.ini files.
Custom Apache Configurations N/A Adjusting of httpd.conf – Under no circumstances should a custom httpd.conf be implemented in shared hosting.

 

DNS

Support Query Supported Not Supported
Domain, MX, or additional A records/CNAMES not resolving. Diagnosing where the issue is (internal/external). Resolving DNS misconfiguration for DP-hosted DNS. Resolving DNS misconfiguration where DNS is hosted externally.

 

FTP

Support Query Supported Not Supported
FTP access and configuration Providing required configuration information. Assistance with basic FTP account setup for supported FTP applications. Issues relating to client-side networking restrictions or equipment configurations. FTP account setup in unsupported FTP applications.

 

Backups and Restores

Support Query Supported Not Supported
Backup Requests Ensure the client is aware of available tools and understands the basics of using the tools provided. Setting up custom backup scripts for installed web applications.
Restore requests Restoring cpmove files from external hosts. Restore MySQL R1Soft backups (fee applies). Restore website files using R1Soft (fee applies). Restoring sites from external hosts not utilizing cPanel, except where a migration product has been purchased.

 

Emails

Support Query Supported Not Supported
Basic email application setup Providing documentation and instructions on configuring connection settings in supported email applications. Assistance with configuring unsupported email applications. Advanced operational assistance of supported email applications.
Cannot send or receive Issues relating to server components not functioning correctly. Ensuring the client has correct configuration information. DNS configuration, except where DNS is external. Issue relating to the client’s ISP. Issues relating to client-side network restrictions, configurations, or equipment.
Cannot login to webmail Issues relating to server components not functioning correctly. Ensure logins working correctly. Ensure the client is aware of server port requirements. Issues relating to client-side network restrictions, configurations, or equipment. Individual browser issues or incompatibilities.
Webmail not functioning correctly Issues relating to server components not functioning correctly. Issues specific to particular browsers requiring developer upgrades of webmail applications or the web browser concerned.

 

Website Availability Monitoring

Support Query Supported Not Supported
Downtime alerting, external monitoring Creating announcements for current issues being experienced Providing monitoring alerts directly to clients

 

 

Signed by
On behalf of 

Leave this empty:

Signature arrow sign here


Signature Certificate
Document name: Website Hosting Agreement
lock iconUnique Document ID: cfffd04987786c75963d99535e2c94683247c4d0
Timestamp Audit
November 17, 2023 11:13 pm AEDTWebsite Hosting Agreement Uploaded by Jarrod Hall - admin@boostsolutions.com.au IP 175.37.120.131
November 20, 2023 2:50 pm AEDTJarrod Hall - admin@boostsolutions.com.au added by Jarrod Hall - admin@boostsolutions.com.au as a CC'd Recipient Ip: 175.37.120.131
November 20, 2023 4:31 pm AEDTJarrod Hall - admin@boostsolutions.com.au added by Jarrod Hall - admin@boostsolutions.com.au as a CC'd Recipient Ip: 175.37.120.131
November 20, 2023 4:51 pm AEDTJarrod Hall - admin@boostsolutions.com.au added by Jarrod Hall - admin@boostsolutions.com.au as a CC'd Recipient Ip: 175.37.120.131
November 20, 2023 5:03 pm AEDTJarrod Hall - admin@boostsolutions.com.au added by Jarrod Hall - admin@boostsolutions.com.au as a CC'd Recipient Ip: 175.37.120.131
December 18, 2023 11:47 pm AEDTJarrod Hall - admin@boostsolutions.com.au added by Jarrod Hall - admin@boostsolutions.com.au as a CC'd Recipient Ip: 175.37.120.131