Website Hosting Agreement
This Website Hosting Agreement (the "Agreement") is entered into by and between:
1. DELIVERABLESThe Client engages Boost Solutions to provide the following services:
2. PAYMENTThe Client agrees to pay Boost Solutions the total sum of $ per in advance for the services, as described in section 1.
3. TERMThis 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.
4. BOOST SOLUTIONS HOSTING SUPPORTBoost 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:
5. CUSTOMER RESPONSIBILITY
Internet Training: Boost Solutions does not provide training on basic Internet technologies and concepts.
6. CUSTOMER SUPPORT CONTACTSOnly 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:
9. INDEMNIFICATIONOf 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 PROPERTYNo 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 LAWChoice 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. AMENDMENTSNo amendment to this agreement will be effective unless it is in writing and signed by a party.
13. ASSIGNMENT AND DELEGATIONNo 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 SIGNATURESCounterparts: 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. SEVERABILITYIf 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. NOTICESWriting; 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. WAIVERNo 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 AGREEMENTThis 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. HEADINGSThe 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. EFFECTIVENESSThis 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 ASSURANCESEach 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.
Web Hosting Control Panel (cPanel/Plesk)
Customization of Hosting Environment
Backups and Restores
Website Availability Monitoring
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Document Name: Website Hosting Agreement
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