Web Hosting Agreement
KNOW ALL MEN BY THESE PRESENTS:
This Agreement is entered into by and between:
The ________________________, which is owned by _______________________, with address at ___________________________________________________________________ represented herein by ___________________________, an authorized personnel of said agency as evidenced by a certificate of authority signed by _________________________ (herein after known as the FIRST PARTY or CLIENT); and
JOISO WEBSITE PROVIDER, a value added service provider registered at the National Telecommunications Commission and the Department of Trade and Industry under registration certificate no. CCAD-078-2005/VAS and Business Name Registration no. 00096365, respectively, with address at Block 35, Lot 3 Ma. Teresa Street, South City Homes, Brgy. Sto. Tomas, Biñan, Laguna (also known as the SECOND PARTY).
WITNESSETH:
WHEREAS, the FIRST PARTY OR CLIENT needs a ONE (1) YEAR WEB HOSTING in the performance for the use of these servers for its own purposes;
WHEREAS, the SECOND PARTY is a value added service provider capable of delivering the needs of the FIRST PARTY.
TERMS AND CONDITIONS
BOTH PARTIES AGREE under the following terms and conditions:
1. The FIRST PARTY is engaging the services of JOISO WEBSITE PROVIDER, a web hosting provider that provides web hosting services to CLIENT for a period of one (1) year from _____________________ to ______________________. The FIRST PARTY may opt to continue the subscription of the web hosting packages as this agreement is renewable every year or both parties may sign renewal of contract of web hosting agreement. The FIRST PARTY authorized JOISO WEBSITE PROVIDER to publicize its completed website address and screen captured of the index/home-page for advertising and portfolio purposes.
2. JOISO WEBSITE PROVIDER will provide the web hosting services provided in the service package chosen by the CLIENT, in particular, the FIRST PARTY needs the said web hosting for one (1) year with the following technical description:
“Description
CLIENT has available fund in the specified confirmed order no. _____________________ signed by the CLIENT for the said web hosting. Thus, the SECOND PARTY will provide the foregoing need upon signing of this agreement and upon full payment of the specified confirmed order of the CLIENT. Before the service will start, advance payment require to pay in cash/check and deposit it thru the bank of Joiso Website Provider account or send it via carrier like LBS, JRS/DHL/Federal Express for one year subscription of web hosting. JOISO WEBSITE PROVIDER will always base the renewal subscription from the anniversary date of the domain name when it was registered. If the Client will not pay on time before anniversary date, the site will deactivated until the payment is finally received. All check payable will deposit to JOISO WEBSITE PROVIDER bank account and if there is any bank charges for the payment of deposit, the CLIENT will pay the bank charges.
3. Payment must be paid on time. JOISO WEBSITE PROVIDER will notify the CLIENT via his preferred contact method such as fax, mail, phone or email. If no response or payment is received within fourteen (14) days then the server's login ability will be suspended. JOISO WEBSITE PROVIDER has the right to shut off the network access of the whole account if payment is late.
4. JOISO WEBSITE PROVIDER shall register on behalf of the CLIENT such domain name of his choice, provided that such domain name is available for registration and does not violate any registration service policies, or any regulations of the law. The CLIENT will be notified by phone or email two months before the domain name expires (domain name registration is included in the web hosting packages that the CLIENT availed). JOISO WEBSITE PROVIDER shall not be responsible for CLIENT's failure to renew domain name registration.
5. JOISO WEBSITE PROVIDER provides domain name with web hosting services availed by the CLIENT. The CLIENT represent that, to the best of the CLIENT's knowledge and belief, the domain names used with this service, nor the manner in which they are directly or indirectly should not infringe the legal rights of any party, and that the website is not being used for unlawful purposes. The First Party Client is not authorized to write and to place on their website windows any libelous malice opinion and columns against to any individual persons, institutions and for political rivalry. CLIENT further agrees not to use the services to deliver pornographic materials including, but not limited to any textual, aural, or visual means of pornography and delivery of bulk email ("spam"). In JOISO WEBSITE PROVIDER opinion if the CLIENT used the services for this purposes, JOISO WEBSITE PROVIDER reserve the right to immediately terminate the services.
6. In the event that the Web site requires disk storage, bandwidth use, or number of email accounts on the SERVER which exceeds the limits set forth in the selected hosting package, CLIENT may request to upgrade the level of hosting services, acquire additional incremental disk storage, bandwidth overage allotment, or email accounts to be included in the hosting services for such additional fees as shall be agreed upon in advance by the parties. JOISO WEBSITE PROVIDER shall perform such updates or modifications to the web site as may be requested by the CLIENT.
7. All services provided by JOISO WEBSITE PROVIDER shall be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Philippine Law, United States Federal, state or foreign and Local Municipal Law is prohibited. This includes, but is not limited to: copyrighted materials, materials that judge to be threatening or obscene, unlicensed software or files, or materials protected by trade secret and other statue. The FIRST PARTY agrees to indemnify and hold harmless the JOISO WEBSITE PROVIDER from any claims resulting from the use of the service which damages the subscriber or any other party such as Pirated Software, Illegal MP3's, Hacker’s Programs or Archives, Warez Sites, Child Pornography and Adult Sex.
8. The JOISO WEBSITE PROVIDER warrants to CLIENT that it has experience and ability to perform the services required by this contract; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform this contract; and that its performance shall not infringe upon or violate the rights of any third party or violate any Philippine Law, U.S. Federal, state or foreign and Local Municipal Laws. The FIRST PARTY represents and warrants to JOISO WEBSITE PROVIDER that it will provide materials as required in a professional, competent and timely manner, that it has the power to enter into this contract on behalf of the FIRST PARTY; and the performance of this contract shall not infringe upon or violate the rights of any third party or violate any Philippine Law, U.S. Federal, state or foreign and Local municipal Laws.
9. The FIRST PARTY acknowledges and agrees that JOISO WEBSITE PROVIDER is not responsible for, and does not control, the Internet or any information contained thereon (other than the content on CLIENT's home-page included in the web hosting, of which the accuracy and reliability shall be the sole responsibility of CLIENT). JOISO WEBSITE PROVIDER does not warrant, and does not assume responsibility for any consequences suffered by any person as a result of Internet access including, without limitation, those suffered by CLIENT and end-users as a result of accessing such Internet information and content, such as the possibility of contracting computer viruses, information with offensive or inappropriate content, etc. JOISO WEBSITE PROVIDER assumes, and shall not be responsible for damages suffered by any person as a result of obtaining Internet access in connection with the Website Hosting or otherwise, including risks associated with the conduct of online commerce. CLIENT acknowledges and agrees that all users (including CLIENT and its end-users) must exercise their own due diligence before relying on any such information available on the Internet, and must determine that they have all necessary rights to copy, publish or otherwise distribute any such information available on the Internet under applicable copyright laws. CLIENT acknowledges and consents to the foregoing, and shall obtain the acknowledgment and consent to the foregoing of all users which obtain access to the Internet through the web hosting. JOISO WEBSITE PROVIDER shall be an express third-party beneficiary of such acknowledgment and consent.
10. All consent and user content stored by CLIENT on JOISO WEBSITE PROVIDER on the SERVER computers shall at all time remains the property of CLIENT. CLIENT grants to JOISO WEBSITE PROVIDER a non-exclusive, worldwide license to the content and user content only to the extent necessary for JOISO WEBSITE PROVIDER to host the website. ''Content'' shall mean any text, graphics, photographs, video footage, sound tracks or other visual, aural, or textual means of communication, either existing or specifically created for inclusion of CLIENT's worldwide website.
11. JOISO WEBSITE PROVIDER is not liable if the content of CLIENT's website, confidential or non-confidential is copied, burned in CD and distributed by individuals not associated with JOISO WEBSITE PROVIDER and JOISO WEBSITE PROVIDER is not liable if there are leakage of user names, passwords and information that the CLIENT use to access their FTP or website sent through emails and any other forms of transmittal without the knowledge of JOISO WEBSITE PROVIDER.
12. JOISO WEBSITE PROVIDER will exercise no control over the content of the information passing through JOISO WEBSITE PROVIDER's network except those controls expressly provided herein. JOISO WEBSITE PROVIDER makes no warranties or representations of any kind, express or implied for the service it is providing. JOISO WEBSITE PROVIDER also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may suffered by the CLIENT, including loss of data resulting from delays, non-deliveries, or service interruptions by any cause or due to CLIENT errors or omissions.
13. On Legal Issues JOISO WEBSITE PROVIDER does not guarantee that the functions contained in the web hosting services or the website will meet the CLIENT's requirements or that the operation of the website will be uninterrupted or error-free. The entire risk as to the quality and performance of the website therein is with the CLIENT. Under no circumstances, including negligence, JOISO WEBSITE PROVIDER, its offices, agents or anyone else involved in creating, producing or distributing JOISO WEBSITE PROVIDER web hosting services shall not be liable. JOISO WEBSITE PROVIDER will not liable to CLIENT or any other third party for damages, any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the JOISO WEBSITE PROVIDER service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to JOISO WEBSITE PROVIDER records, programs or services and even if JOISO WEBSITE PROVIDER has been advised of the possibilities of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. JOISO WEBSITE PROVIDER is not responsible for maintaining web server services or other maintenance related task. In case when technical problems such as server down and access problem arise, this job is held by the owner of the dedicated server in which JOISO WEBSITE PROVIDER host is hosted. Client hereby acknowledges that this paragraph shall apply to all content on JOISO WEBSITE PROVIDER service.
14. The CLIENT should not distribute, publish, send or incite unsolicited mass emailing, promotions, advertising, or solicitations (such as "spam"), including, without limitation, commercial advertising, informational announcements, and mail bombing. CLIENT should not use JOISO WEBSITE PROVIDER's mail server or a third party site. Posting the same or similar message to one or more newsgroups (including, but not limited to, the use of chain letters, excessive cross-postings or multiple-postings) is explicitly prohibited.
15. This contract covers only web hosting agreement and the CLIENT understands that any web hosting services require a separate contract with web design. JOISO WEBSITE PROVIDER will coordinate to the chosen web designer of the CLIENT by giving him access to the FTP in uploading web files only.
16. The CLIENT's use of the services and access to it is the CLIENT's responsibility. The CLIENT is responsible for any unauthorized access to the services resulting in bandwidth and storage usage exceeding the limits in the order form and resultant charges. If the CLIENT exceeds the specified limits, JOISO WEBSITE PROVIDER may request the CLIENT to upgrade to a larger plan or purchase additional bandwidth or storage space.
17. The CLIENT waives any claims against JOISO WEBSITE PROVIDER in connection with access to or use of the spam/virus services installed on JOISO WEBSITE PROVIDER's servers, including without limitation any claims based upon the deletion, misdirection or delay of emails and loss of, damage to records or data. Due to the volatile nature of the Internet and its offerings, the accuracy of the performance of the spam/virus services is not guaranteed by the supplier of the software, nor is it guaranteed by JOISO WEBSITE PROVIDER.
18. Upon registration of the CLIENT’s email accounts, JOISO WEBSITE PROVIDER will by no means share, sell, or rent individual personal information with anyone without CLIENT’s advance permission. In any event that there will be an error in CLIENT’s email accounts, we may ask the CLIENT’s password and user name to be able to check and repair the error. JOISO WEBSITE PROVIDER may also contact its SERVER for the purpose of fixing the error only. In any case, that the CLIENT lost the password, the CLIENT is required to report to JOISO WEBSITE PROVIDER when the password was lost. JOISO WEBSITE PROVIDER will provide a new password to use on accessing their emails. The CLIENT must protect his password and JOISO WEBSITE PROVIDER recommends that the CLIENT will not divulge his password to anyone.
19. JOISO WEBSITE PROVIDER will send the CLIENT a tutorial through email on how to configure his email on Outlook Express. The CLIENT may call JOISO WEBSITE PROVIDER’s office at business days and hours from Monday to Friday at 8:00am to 5:00pm only. JOISO WEBSITE PROVIDER will not accommodate phone calls after 5:00pm but the CLIENT may send email and JOISO WEBSITE PROVIDER will respond to them accordingly.
20. Web Design Do it Yourself Builder Templates is another service of JOISO WEBSITE PROVIDER. The CLIENT is responsible to make his own website with JOISO WEBSITE PROVIDER’s template. Any help for the up-loading of texts and photos or any other materials for the CLIENT to design a template will have an additional charge and full payment is required before the start of the job, the assistance is limited only on certain designated areas of the page that can be modified which are usually headers, texts and some graphic elements but not the template itself. Complete texts and materials with specification for the desired template should be submitted within one (1) week to JOISO WEBSITE PROVIDER’s office. CLIENT's failure to send the texts and materials on the required date will forfeit the order including the payment. The Template is owned by the Hosting Company but not the up-loaded texts and materials supplied by the CLIENT. The CLIENT has the right to use the template on their site during the subscription period only. Web Design Do it Yourself Builder Templates has 5 pages for each template. JOISO WEBSITE PROVIDER offers E-Commerce templates but requires the CLIENT his own personal web designer to do the job. Any revisions, additions or redesign client wishes Joiso Website Provider to perform not specified in the Joiso Website Provider template form after the final uploading of the template shall be considered 'additional' and will require additional payment. After the completion of the modified design to template, Joiso Website Provider has the right to hold the account on the site due to non-payment of balance base on Bill Statement from Joiso Website Provider and Order Form made by the client for web design modification.
21. From time to time JOISO WEBSITE PROVIDER may impose reasonable rules and regulations regarding the use of our services. Such rules and regulations are called acceptable use policies and are posted on JOISO WEBSITE PROVIDER web site. JOISO WEBSITE PROVIDER has the right to change prices, or add or delete product features of any existing product or services. The right to change product or services extends to any software supporting the product or services.
22. Joiso Website Provider do not support all the third-party software installed on the Control Panel neither associated with the support forum. All third-party software installed on the CLIENT server have their own support forum which are provided by link that will go directly to their website support page. You may visit their website to learn more about the installation and the product itself. Upon installation of the software, The Client has the right to modify, change and whatever he may want to do according to his needs. Joiso Website Provider are not responsible for the design and development of the Client's software installed for the use of web development and design.
23. As being the CLIENT’s web hosting provider, JOISO WEBSITE PROVIDER may recommend available free software for E-Commerce solution if the CLIENT request. JOISO WEBSITE PROVIDER may install the software without charges at the CLIENT’s site. The free software E-Commerce solution is under General Public License that allows store owner to setup, run, and maintain their online stores but the CLIENT is responsible to directly contact the company owner of E-Commerce solution software for their support forum. JOISO WEBSITE PROVIDER has no connection to E-Commerce solution software provider and JOISO WEBSITE PROVIDER does not create a forum for E-Commerce solution software. Although it is free to install, JOISO WEBSITE PROVER has no responsibility to answer any questions concerning E-Commerce solution software. If the CLIENT can not comprehend the support forum, the CLIENT may need to hire his own web developer to do the job.
24. This agreement will be automatically renew on the successive date of the CLIENT’s anniversary subscription for his account renewal of domain name registration and web hosting, unless canceled in writing by CLIENT at least thirty (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 billed to the CLIENT’s account. In case the CLIENT’s web site hosted by JOISO WEBSITE PROVIDER failed to remit the payment to JOISO WEBSITE PROVIDER within fifteen (15) days before expiration of his account, JOISO WEBSITE PROVIDER has the right to discontinue the services rendered to the CLIENT until JOISO WEBSITE PROVIDER received the payment.
25. JOISO WEBSITE PROVIDER promotes a mutually-professional relationship with its CLIENTS. Abusive, threatening, obscene or otherwise harassing communications with agents of the Company, via telephone, email, online chat or other means will result in immediate account termination not withstanding any other terms of this agreement.
26. Either party shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to acts of God, earthquake, labor disputes or strikes, riots, war, and governmental requirements. The obligations and rights of the party excused shall be extended on a day-to-day basis period of time equal to that of the underlying cause of delay.
27. Either party may terminate the agreement upon thirty (30) days prior notice, for any reason, provided that it provides written notice via email, phone, mail or fax. The termination of this agreement shall also terminate any outstanding engagement. The engagement shall commence on the date the CLIENT confirms its acceptance of this agreement unless otherwise extended on parties’ mutual agreement and JOISO WEBSITE PROVIDER services shall automatically be terminated. JOISO WEBSITE PROVIDER may also immediately and without prior notice terminate upon violation by the CLIENT of JOISO WEBSITE PROVIDER acceptable use of the agreement. If JOISO WEBSITE PROVIDER terminate this web hosting contract upon thirty (30) days prior notice, for any reason provided written notice via email, phone, mail or fax the termination of this agreement shall also terminate any outstanding engagement. The engagement shall commence on the date the CLIENT confirms its acceptance of this agreement and the web hosting paid by the CLIENT will be refundable in two installments period less the domain name registration. The CLIENT agrees that JOISO WEBSITE PROVIDER shall not be liable to loss or damages that may result from JOISO WEBSITE PROVIDER’s refusal to provide Service. If CLIENT terminate this agreement, the CLIENT's website content, database, and email messages will be backed up and provided to CLIENT as an archive file, and sent to CLIENT either by email, or burned to a CD, mailed or delivered personally at the client expense. JOISO WEBSITE PROVIDER web hosting and domain name registration is not refundable.
IN WITNESS of the foregoing, both parties through their authorized representatives affixed their signatures below this _____ day of ___________________.
____________________________ JOISO WEBSITE PROVIDER
First Party Second Party
By: By:
____________________________
AUTHORIZED SIGNATURE General Manager