IMPORTANT – PLEASE READ THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) CAREFULLY. BY ACCESSING AND USING THE SERVICES (AS DEFINED BELOW), (1) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, AND (2) YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT. WE RESERVE THE RIGHT TO AMEND THIS AGREEMENT AT ANY TIME AS DISCUSSED BELOW.
This Hosting Agreement (the “Agreement”) is entered into as of [Effective Date], by and between Lara Kroeker Interactive (“Provider”) and [Client’s Full Legal Name] (“Client”). Collectively referred to as the “Parties.”
Provider agrees to provide hosting services to Client, including but not limited to server space, bandwidth, and necessary technical support for Client’s website and associated digital properties.
This Agreement shall commence on [Effective Date] and continue for an initial term of one (1) year. After the initial term, this Agreement will automatically renew for successive terms of one (1) year each, unless terminated by either party with written notice at least 30 days before the end of the then-current term.
FEES AND PAYMENT
Client agrees to pay Provider the fees specified in the attached fee schedule, which is incorporated by reference into this Agreement. Payments can be made on a monthly or yearly basis as selected by the Client. Monthly payments are due on the [Due Date] of each month, and yearly payments are due on the anniversary of the Effective Date.
SUPPORT AND MAINTENANCE
Provider will provide technical support and maintenance services for the hosting environment. This includes regular server updates, security patches, and monitoring to ensure optimal performance.
SERVICE LEVEL AGREEMENT (SLA)
Provider will use commercially reasonable efforts to maintain an uptime rate of 99.9% for the hosting services. In the event that Provider fails to meet this uptime commitment, Client may be eligible for service credits as outlined in Provider’s SLA.
Client is responsible for providing and maintaining accurate account information, website content, and any necessary software or applications. Client shall comply with all applicable laws and regulations regarding the use of the hosting services.
Both parties agree to keep confidential any information provided by the other party that is not generally known to the public. This includes, but is not limited to, technical information, trade secrets, and business plans.
Either party may terminate this Agreement for cause upon written notice if the other party breaches any material term of this Agreement and fails to cure such breach within 30 days of receiving written notice of the breach.
LIMITATION OF LIABILITY
Provider’s liability for any claim arising out of this Agreement will be limited to the amount paid by Client for the services during the three (3) months preceding the claim.
This Agreement constitutes the entire understanding between the Parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written.
IN WITNESS WHEREOF, the Parties hereto have executed this Hosting Agreement as of the Effective Date.
LARA KROEKER INTERACTIVE
By: ________________________ [Your Name] [Your Title] [Date]
[CLIENT’S FULL LEGAL NAME]
By: ________________________ [Authorized Signatory] [Date]