Terms of Agreement
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
The JOISO WEBSITE PROVIDER is a value added service provider registered with 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 of its service to the public;
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 to provide web hosting services to our 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 said web hosting for one (1) year with the following technical description:
“Description
It has available fund in the specified in the 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. The payment should be in advance for web hosting for one year and the CLIENT must pay the said amount one month before the subscription renewal. If the CLIENT did not pay on time the site will be deactivated until the payment is finally received
3. Payment must be paid on time. We will notify the CLIENT via his preferred contact method such as fax, mail, phone or email. If no response or payment is received within 14 days then the server's login ability will be suspended. JOISO WEBSITE PROVIDER has the right to shut off the network access to 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 services policies, or any law regulation. The CLIENT will be notified by phone or email two months before the domain name expired (domain name registration is included in the web hosting packages that CLIENT avail.) JOISO WEBSITE PROVIDER shall not be responsible for CLIENT's failure to renew domain name registrations. In the event of any dispute or cause of action arising out of or related to CLIENT's domain name used in connection with the web site, JOISO WEBSITE PROVIDER will attempt to register the domain name chosen by CLIENT and attempt to make the website available over the Internet and in case that the domain name of the CLIENT is not available.
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. 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 those limits set forth in the selected hosting package, CLIENT may for a such additional fees are agreed upon in advance by the parties requesting of 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 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 material, material that judge to be threatening or obscene, unlicensed software or files, or material 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, Hackers 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 that its 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, the accuracy and reliability of which shall be the sole responsibility of CLIENT). Access to the Internet is provided by JOISO WEBSITE PROVIDER (where applicable) on an ''as is'' basis. 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, accessing 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 in 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. Under no circumstances, including negligence, shall JOISO WEBSITE PROVIDER, its offices, agents or anyone else involved in creating, producing or distributing JOISO WEBSITE PROVIDER web hosting service. The entire risk as to the quality and performance of the website therein is with the CLIENT. In no event will JOISO WEBSITE PROVIDER hosting be 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. WEBSITE PROVIDER will coordinate to the chosen web designer by giving access to the FTP on uploading of his 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 will ask 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. When we register your emails accounts, we will never share, sell, or rent individual personal information with anyone without your advance permission. In any event that there will be an error through your emails accounts, we may ask of your password, user name for us to be able to check and repair the error. We may also contact our SERVER for the purpose of fixing the error only. In any case, that the CLIENT lost his or her password, he or she required to report us when the password is lost and we will give them new password for them to use on accessing to their emails. The CLIENT must protect his or her password and we recommend that you do not divulge your password to anyone.
19. JOISO WEBSITE PROVIDER will send you a tutorial through email on how to configure your email on Outlook Express. However, if the Client wants JOISO WEBSITE PROVIDER to set up the configuration personally a set up fee will be billed to the CLIENT including per diem. The CLIENT may also call our office at business hours day from Monday to Friday at 8:00am to 5:00pm only. We will not accommodate anymore phone calls after 5:00pm but the CLIENT may email us and will respond to them accordingly.
20. Web Design Do it Yourself Builder Templates is another services of Joiso Website Provider. It is a offer with additional fee for the purchase of template which will be specified on order form. The Buyer is responsible to make their own website base on our template with Easy Friendly Instruction. Any help for the up-loading of text and photos materials by the client to design template will have a charge and full payment is require before to do the job but limited help and only certain designated areas on the page can be modified. Usually, these areas are: headers, text and some graphics elements. Complete texts and materials with specification for the desire templates are submitted within one week to Joiso Website Provider office. Buyer's failure to send the text and materials on the required date will forfeit the order including payment. Template is own by the Hosting company but not the up-loaded text and materials supply by the buyer. The clients has the right to use the template on their site during the subscription period only.
20. From time to time JOISO WEBSITE PROVIDER may impose reasonable rules and regulation 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 service. The right to change product or services extends to any software supporting the product or service.
21. Joiso Website Provider is not responsible for teaching you how to use another company's products and we will not teach you how to actually use the product itself. You need to contact the software maker in such a situation, who provides tech support for how to use their products. Joiso Website Provider cannot even attempt to support all thousand of software products on the market. Joiso Website Provider is not responsible for assisting with your own program and cgi script. If you choose to install your own programs and cgi scripts on your site, you are responsible fully for installing them. Joiso Website Provider is not responsible for designing, nor give a quick look at your design/development problem, and offer a suggestion. Anything relating to design/development is not responsibility of Joiso Website Provider.
22. As being your web hosting provider, we may recommend to you available free software for e-commerce solution and if you want, we may install you without charge at your site a free software E-Commerce solution under General Public License that allow store owner to setup, run, and maintain their online stores but you are responsible to contact directly the company owner of e-commerce solution software for their support forum. We have no connection to e-commerce solution software provider and we have nothing to do to create a forum from e-commerce solution software provider. Although it is free to install, Joiso Website Provider has no responsibility to answers any question concerning e-commerce solution software. If you can not comprehend to the support forum, you may need to hire your own web developer to do the job..
23. This agreement will automatically renew successive date of CLIENTS one year anniversary of his account renewal of domain name registration and web hosting, 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 billed to the CLIENTS account. In case the CLIENT web site hosted by JOISO WEBSITE PROVIDER failed to remit payment to JOISO WEBSITE PROVIDER within 15 days before expiration of his account, JOISO WEBSITE PROVIDER has the right to discontinues services render by the CLIENT until JOISO WEBSITE PROVIDER received the payment.
24. 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.
25.Either party shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond it 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.
26. Either party may terminate 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 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 CLIENT confirms it acceptance of this agreement and the web hosting paid by the CLIENT will be refundable in two installments period less the domain name registration. You agree that we shall not be liable to you for loss or damages that may result from our refusal to provide Service.
27.After giving one (1)-month notice to the SECOND PARTY, the FIRST PARTY may terminate this agreement for any reason, by contacting JOISO WEBSITE PROVIDER, either by phone or email, and requesting that subject account be canceled and JOISO WEBSITE PROVIDER web hosting and domain name registration is not refundable. 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 to you or deliver it personally.
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:
________________________________ JOSE E. ISORENA
AUTHORIZED SIGNATURE General Manager
