THIS AGREEMENT is made between Forestedge Computer Solutions Ltd (the Company) and the person or company that has requested hosting services (the Client).
In consideration of the mutual covenants set forth in this Agreement, the Company and Client hereby agree as follows:
Subject to the terms and conditions of this Agreement, the Company will provide Web Hosting services for the Client subject to the following terms:
- Length of Service. Unless otherwise agreed, the Client agrees to a twelve (12) month contractual term of service (“Term”). The length of contract required is based on the type of service desired by the Client and shall be determined solely by the Company.
- Service Start Date. The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon the Company’s receipt of payment for such first Term of service or upon a mutually agreed upon alternate date, which may be before, at the Company’s discression.
- Renewal by Client. This Agreement will automatically renew for successive twelve (12) month Terms unless cancelled in writing by the Client at least 30 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by the Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to the Client’s account.
Details of the hosting plan the Client is on will appear on invoices with both parties having agreed original amount.
Terms of Payment.
Terms of payment are 30 days of invoice date and not less than 14 days from receipt of invoice. The Company reserve the right to revoke any credit extended if payment is in arrears for more than 30 days.
Proprietary information exchanged here under shall be treated as such by the Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. The Client further agrees to not decompose, disassemble, decode or reverse engineer any Company program, code or technology delivered to the Client or any portion thereof.
The Company will exercise no control or take any liability whatsoever over the content of the information passing through the network, email or web site.
The Company warrants that it will make reasonable efforts to ensure the uninterrupted ongoing service. The Company makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. The Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of the Company is at the Client’s own risk, and the Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. The Company does not represent guarantees of speed or availability of end-to-end connections. The Company expressly limits its damages to the Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
Trademarks and Copyrighted Material.
The Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
Transfer of Agreement.
The Client may not assign or transfer this Agreement, in whole or in part without the prior written consent of the Company. In the event that the Client contemplates whole or partial sale of it’s business, ownership change, or change in jurisdiction, the Client shall notify the Company by mail or email no less than 60 days prior to the effective date of the event.
The Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from Company of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) upon mutual agreement in writing of the Company and the Client.
The Client shall indemnify and hold the Company harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against the Company directly or indirectly arising from or in connection with the Client’s marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Client.
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.