This Web Hosting Agreement ("Agreement") is entered into between Element Electronic Media Pty (Ltd), and
- Services Provided
Provider agrees to provide Client with web hosting services ("Services") as described in this Agreement. These services include:
- Provision of server space for hosting Client's website.
- Technical support for server-related issues.
- Maintenance of server hardware and software.
- Perform monthly website maintenance tasks as agreed upon.
Migration of Servers
You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers.
- Fees and Payment
Client agrees to pay Provider the fees for the Services as outlined in in accordance with the provided cost estimate or as agreed upon separately by both parties. Payment shall be made [monthly/quarterly/annually] in advance, unless otherwise specified.
In the event of non-receipt of payment for the ongoing hosting services as stipulated in this Agreement, the hosting provider reserves the right to suspend or terminate the provision of services. Such actions may include the temporary suspension of website hosting or the complete cessation of hosting services until outstanding payments are settled. The hosting provider shall provide prior notice to the user regarding any potential suspension or termination due to non-payment, allowing the user an opportunity to rectify the situation. Resumption of hosting services will be contingent upon the settlement of all outstanding payments and any applicable reactivation fees as outlined in this Agreement.
Any deviations from the estimated costs, including additional services or expenses incurred, shall be subject to mutual agreement between the parties prior to implementation. The user acknowledges that the supplied cost estimate serves as the basis for invoicing and payment arrangements and agrees to fulfil their financial obligations accordingly.
Monthly Maintenance Payments
It is expressly agreed that monthly maintenance payments for the Services outlined in this Agreement shall not accrue month on month. Each monthly payment covers the agreed-upon maintenance tasks for that specific month and is not cumulative. Any unused maintenance hours or tasks from one month shall not carry over to subsequent months, and any additional maintenance tasks requested by the Client beyond the agreed scope will be subject to additional charges. This ensures that each month's maintenance fee is reflective only of the services rendered within that billing cycle, providing transparency and clarity in the billing process.
- Term and Termination
This Agreement shall commence on the Effective Date and shall remain in effect until terminated by either party. Either party may terminate this Agreement upon 30 days' written notice to the other party. In the event of termination, Client shall pay any outstanding fees owed to Provider.
- Client Responsibilities
Client agrees to:
- Provide accurate and up-to-date information to Provider.
- Comply with all applicable laws and regulations.
- Maintain backups of their website and data.
- Provider Responsibilities
Provider agrees to:
- Provide reasonable technical support to Client.
- Maintain the security and integrity of the server.
- Perform routine maintenance to ensure optimal server performance.
- Limitation of Liability
Provider shall not be liable for any damages arising out of or in connection with the Services, including but not limited to loss of data, loss of profits, or interruption of business.
- Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information disclosed during the term of this Agreement.
- Governing Law
This Agreement shall be governed by and construed in accordance with the laws of South Africa. Any disputes arising under or in connection with this Agreement shall be resolved exclusively by the courts of South Africa.
- Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.