This is an agreement between a client and a provider for both the creation and hosting
of a custom website. This document combines two agreements into one by providing
for the hosting and creation of a website by the designer. The parties can describe the
services they agree upon and can specify a target launch date. This agreement can be
used by small businesses or other entities that provide website design and hosting
services, or by small businesses looking to engage the services of a website designer to
create and host a website.
WEBSITE DESIGNING AND HOSTING AGREEMENT
THIS WEBSITE DESIGNING AND HOSTING AGREEMENT (hereinafter “Agreement”) is
made as of ____ [Month] ____ [Date], 20____, by and between ________________________
[Instruction: Insert the name of provider], having address at _________________________
[Instruction: Insert address of the provider] (hereinafter “Provider”), and
________________________ [Instruction: Insert the name of customer] having address at
_________________________ [Instruction: Insert address of the customer] (hereinafter
“Customer”). The Provider and the Customer may individually be referred to as “Party”, or,
collectively as “Parties”.
WHEREAS, Provider is engaged in designing and hosting of electronic data and documents
(hereinafter “Web Site”);
WHEREAS, Customer desires to use the services of Provider for designing and hosting of
his Web Site for advertising or conducting lawful business activity on the internet;
WHEREAS, Provider wishes to enter in this Agreement to perform such services on the
terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual promises, covenants, warranties, and
other good and valuable consideration as set forth herein, and intending to be legally bound, the
Parties hereto agree as follows:
1. DESCRIPTION OF SERVICES
Provider shall conduct design and implementation services as well as optional services as
chosen by Customer from amongst a listing of service options currently available and listed
by Provider at _________________ [Instruction: Insert the website of provider] Customer
shall submit a written request (by U.S. mail, electronic mail or by facsimile) to Provider
detailing the services that the Customer desires (the “Initial Service”). Services shall
generally include the following: graphical design, conversion of conventional media into
electronic form, design of HTML code for document formatting, an internet account to host
the implemented Web Site, help with submission of Web Site identification address to search
engines. The Initial Services may be extended or modified, at the electronic written request
of Customer, to encompass design work that is in addition or in deviation to those outlined
by Customer as the Initial Services (the “Additional Service”).
2. LAUNCH DATE
The projected launch date of the Web Site is ____ [Month] ____ [Date], 20____,
provided the Customer provides Provider with all necessary materials and support personal.
Customer understands that any delays in providing all necessary materials and support
personal will prolong the launch date of the Web Site.
Payment shall be made by credit card, cash, check, or money order, in US dollars, made
payable to Provider. All monthly hosting fees contracted will commence monthly billing on
the first of the month after contract is received by Provider and domain is registered or
transferred. All prices are subject to change with ___________ (___) [thirty (30)]day written
notice to Customer. The charge for Additional Services, as mentioned in paragraph 1 above
shall be billed at the per hour rate listed by Provider under the heading of “Additional
Services” on _________________ [Instruction: Insert the website of provider]
4. DELINQUENT PAYMENT PENALTIES
Provider reserves the right to render the site inaccessible if monthly invoices are delinquent
by ___________ (___) [◊ fifteen (15)] days or more. Also, the customer support center will
remain inaccessible until all outstanding invoices are paid in full. In the event that the
Customer's invoices are delinquent for a period of ___________ (___) [forty five (45)] days
or more, the Provider reserves the right to terminate this Agreement under the provisions as
mentioned in paragraph 12 below.
Customer agrees to pay any and all federal, state, or municipal sales or excise taxes that may
apply to the contracted services provided by Provider. Should Provider be found to accrue
any of these taxes in direct relation to the Customer, the amounts of those taxes will appear
as an adjustment to the prices as mentioned in Paragraph 3above.
5. LIMITATION OF LIABILITY
Provider makes no warranties of any kind, whether expressed or implied, for his services.
Provider specifically disclaims any implied warranties of merchantability or fitness for any
particular purpose. Provider will not be responsible for any losses or damages resulting from
delays, non-deliveries, mis-deliveries, service interruption, downtime, or Customer’s errors
or omissions. In the event that through his own negligence Provider fails to provide services,
Provider’s total liability will be limited to the refund of Customer’s monthly service fee for
the month during which interruption occurred, prorated according to the actual time for
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which Provider failed to provide services. Downtime for regularly scheduled maintenance of
Provider’s network shall not be considered failure to provide services. Provider shall have no
liability for failure to provide services resulting from the acts or omissions of third parties.
Provider will not under any circumstances be responsible for consequential damages,
including, but not limited to, any consequential damages arising from Provider’s failure to
provide services in accordance with this Agreement.
Customer agrees to indemnify, defend and hold Provider harmless from and against all
claims, suits, proceedings, expenses, losses, liabilities, or damages (collectively “Claims”)
arising from the use of services pursuant to this Agreement. This includes but is not limited
a. Claims of third parties, including patrons of Customer, arising out of, resulting from,
or related to Customer’s negligence or any other use of the Web Site by Customer.
b. Any Claims for libel, slander, invasion of privacy, or infringement of copyright for
materials provided by Customer and posted by Provider or posted by Customer.
Customer agrees to defend Provider against any such Claim he is legally liable for and to
pay, without limitation, all litigation costs, reasonable attorney’s fees and court costs,
settlement payments, and any damages awarded or resulting from any such Claim. Provider
agrees to indemnify, defend and hold harmless the Customer against all claims, suits,
proceedings, expenses, losses, liabilities, or damages (collectively “Claims”) arising from the
use of services pursuant to this Agreement. This includes but is not limited to:
a. Claims of third parties, arising out of, resulting from, or related to Provider’s