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IT, web, Internet, software, hardware, media, multimedia, photography, tech, information, technology, computer, business, company, pre-written, legal, contract, agreement, documents, templates, boilerplate, form, outline, text, terms, recitals site, website, hosting application, service, provider HOSTED WEB SERVICES AGREEMENT THIS AGREEMENT made this CurrentDay day CurrentMonth CurrentYear and between Company Company and CustCompany Customer The purpose this Agreement hereafter referred the Agreement set forth and define arrangement under which Company will provide Hosted Web Services Hosted Services behalf Customer service the standard Services Agreement with Company provided below Subject the following terms and conditions this Agreement Company will provide Hosted Services for Customer Specifications Company agrees provide Customer with Hosted Services according the attached Specifications the Specifications defined Exhibit attached hereafter Services Definitions Services shall mean the services provided Company Customer under this Agreement and may comprise the following Hosted Services shall mean both the license and the services provided Company Customer described the Specifications Support Services shall mean any help support setup installation other assistance described the Specifications Consulting Services shall mean any additional services described the Specifications Company Materials shall mean any software code other materials transmitted Customer order provide any the services under this Agreement Services Provisions Rights and License Granted Company hereby grants Customer limited non exclusive royalty free worldwide license during the Term use the Services and any software provided Customer under this Agreement for the purpose using the Services Customer shall have right use the Services for any other purpose implied otherwise unless defined the Specifications Limitations Rights and License time will Customer hold title ownership any the Hosted Services Materials provided Customer during the term this Agreement Length Service Customer agrees initial six month twelve month contractual term service Term The length contract required based the type service desired Customer and shall determined solely Company defined Exhibit Service Start Date The first payment plus setup charges any shall due advance any service provided Service shall begin upon Company receipt payment for such first Term service upon mutually agreed upon alternate date Renewal Customer This agreement will automatically renew for successive six twelve month Terms unless canceled writing Customer least thirty days prior the end Term renewal date Renewal prices are subject change Renewal Services Customer indicates agreement any contract revisions and price changes Renewal fees for the following Term will automatically invoiced Customer account End User Pricing and Services Compensation End User Pricing and Services Compensation are outlined Exhibit attached and are subject change the sole discretion Company Terms Payment Terms payment are unless credit approval has been granted Company credit approval has been granted credit terms are net ten days upon receipt invoice Company reserves the right revoke any credit extended payment arrears for more than thirty days Proprietary Information Proprietary information exchanged hereunder shall treated such Customer This information shall include but not limited the provisions this Agreement product and services information materials software code pricing any other materials transmitted Customer under this Agreement Customer agrees not decompose disassemble decode otherwise reverse engineer any Company program code technology installed delivered Customer any portion thereof transmit allow transmitted any such materials any third party except necessary for the fulfillment this Agreement sublicense allow use any materials use any provided services any third party without written permission from Company use any Materials Services any way not intended expressly provided for this Agreement Customer Information Content Company will exercise control whatsoever over the content the information passing through the network email web site Warranties Company makes warranties representations any kind whether expressed implied for the Service providing Company also disclaims any warranty merchantability fitness for any particular purpose and will not responsible for any damages that may suffered Customer including loss data resulting from delays non deliveries service interruptions any cause due errors omissions Customer Use any information obtained way Company Customer own risk and Company specifically denies any responsibility for the accuracy quality information obtained through its Services Connection speed represents the speed end end connection Company does not represent guarantees speed availability end end connections Company expressly limits its damages Customer for any non accessibility time other down time the pro rata monthly charge during the system unavailability Company specifically denies any responsibilities for any damages arising consequence such unavailability Trademarks Customer warrants that Customer has the right use any applicable trademarks copyrighted materials that Customer integrates uses connection with this Service Transfer Agreement Customer may not assign transfer this Agreement whole part without the prior written consent Company the event that Customer contemplates whole partial sale Customer business ownership change change jurisdiction Customer shall notify Company mail facsimile email less than sixty days prior the effective date the event Termination Company may terminate this Agreement its sole discretion upon the occurrence one more the following events failure comply with any provisions the Agreement upon receipt written notice from Company said failure appointment Receiver the filing any application Customer seeking relief from creditors upon mutual agreement writing Company and Customer Disputes legal proceedings are commenced resolve dispute arising out relating this Agreement the prevailing party shall entitled recover all costs legal fees and expert witness fees well any costs legal fees connection with any appeals Indemnification Customer shall indemnify and hold Company harmless from and against any and all claims judgments awards costs expenses damages and liabilities including reasonable attorney fees whatsoever kind and nature that may asserted granted imposed against Company directly indirectly arising from connection with Customer marketing Support Services the product Services the unauthorized representation the product and Services any breach this Agreement Customer General any provision this Agreement held unenforceable the enforceability the remaining provisions shall way affected impaired thereby This agreement and any disputes arising here under shall governed the laws State State failure any party exercise any delay exercising right power conferred upon this Agreement shall not operate waiver any such right power The parties represent and warrant that the date first written above they are authorized enter into this Agreement its entirety and duly bind their respective principals their signatures below EXECUTED the date first written above CustCompany signator authorized signature signer Job title signator authorized signature signer Date when the contact was signed Company signator authorized signature signer Job title signator authorized signature signer Date when the contact was signed Customer Initials Company Initials
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