WOWebsites

Client Hosting Agreement

 

 

Basic Package

Ideal for Small Business with one location

Basic Package Plus

For Small Businesses targeting Multiple Locations

Basic Package Max

For Small Business in very competitive Online Industries

1. Hosting Period & Renewal

  • Term: The initial hosting period is twelve (12) months, commencing on the date the website is deployed to the WOWebsites server.
  • Invoicing: The Client will receive an invoice prior to each hosting renewal year.
  • Automatic Renewal: Hosting is automatically renewed on an annual basis unless the Client cancels the service in accordance with the termination provisions below.

2. Termination

  • Notice Period: The Client may terminate hosting services by providing written notice at least thirty (30) days prior to the next renewal date.
  • Effect of Termination: Upon termination, WOWebsites will provide the Client with a complete copy of the website files in a compressed (.zip) format at no additional cost. The website will be removed from the WOWebsites server within fourteen (14) days following the effective termination date.
  • Early Termination: No refunds will be issued for unused portions of a paid hosting period.

3. Fees

  • Base Fee: Hosting fees are a minimum of $50.00 USD per website per month.
  • Additional Bandwidth & Storage: Websites requiring additional bandwidth or storage beyond the base allocation will incur additional fees depending on the size and resource requirements of the website. WOWebsites will assess these requirements and communicate any additional costs to the Client prior to invoicing.
  • Fee Adjustments: WOWebsites reserves the right to adjust hosting fees. The Client will be notified of any fee changes prior to the issuance of the renewal invoice. Fee adjustments will take effect at the start of the next billing cycle.

4. Infrastructure & Server Environment

  • Dedicated Server: WOWebsites maintains a dedicated hosting environment on Amazon Web Services (AWS). Client websites are not shared with unknown or unaffiliated entities.
  • Uptime Commitment: WOWebsites targets 99.9% server uptime, excluding scheduled maintenance windows and force majeure events. Scheduled maintenance will be communicated to affected Clients at least 48 hours in advance when possible. No service credits are provided for downtime.
  • Exclusivity: Only websites designed and built by WOWebsites will be hosted on the server. No exceptions are made to this policy in order to maintain a secure, high-performance, and dedicated hosting environment.

5. Support

  • Availability: WOWebsites provides 24/7 technical support for all websites hosted on its server.
  • Scope: Support covers server-related issues, uptime, and basic website functionality. Custom development requests, content changes, or feature additions are outside the scope of hosting support and may be quoted separately.

6. Security

  • Annual Updates: WOWebsites performs annual server and website updates to maintain security, performance, and compatibility with current standards.
  • Cyber Attack Response: In the event of a cyber attack, WOWebsites will work to identify, contain, remove, and remediate the threat as promptly as possible. The Client will be notified within 48 hours of a confirmed security incident affecting their website. Recommendations for enhanced security measures will be provided. Security incidents are billable and client will receive an invoice for hours used to mitigate a cyber attack.
  • Additional Security Fees: Remediation efforts resulting from a cyber attack may incur additional fees. The Client will be informed of any such fees and will receive a written estimate before work begins.
  • Server Access Restriction: To maintain the integrity and security of the hosting environment, no third-party developers or unauthorized parties will be granted access to the server (including SFTP, SSH, or any deployment tools). If the Client wishes to engage another developer, WOWebsites will provide the complete website files in a compressed (.zip) format at no cost to the Client.

7. Data Backup

  • Backup Schedule: WOWebsites performs regular automated backups of all hosted websites. Backups are retained for a minimum of thirty (30) days.
  • Restoration: In the event of data loss or corruption, WOWebsites will restore the most recent available backup at no additional charge.
  • Client Responsibility: While WOWebsites maintains server-level backups, the Client is encouraged to maintain independent backups of critical content and data. WOWebsites is not liable for data loss beyond the scope of its backup retention period.
  • Backups are provided as a courtesy and are not guaranteed to be error-free.

8. Ownership

The Client who has fully paid for the design and development of their website retains full ownership of the website and its content. WOWebsites claims no ownership rights over Client websites or content hosted on its server.

9. Content & Censorship

WOWebsites does not monitor, filter, or censor the content published on Client websites, transmitted through the network, or sent via email associated with the hosting account. The Client is solely responsible for ensuring that all content complies with applicable laws and regulations.

WOWebsites reserves the right to suspend hosting if content violates applicable law or exposes WOWebsites to legal liability

10. Dispute Resolution

  • Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Fairfax County, VA, USA.
  • Informal Resolution: In the event of a dispute arising from or relating to this Agreement, the parties agree to first attempt to resolve the matter through good-faith negotiation within thirty (30) days of written notice of the dispute.
  • Mediation: If informal resolution is unsuccessful, the parties agree to submit the dispute to mediation before pursuing any other form of legal action.
  • Jurisdiction: Any legal proceedings arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of Virginia.

11. Indemnification

  • Client Indemnification: The Client agrees to indemnify, defend, and hold harmless WOWebsites, its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or related to the Client’s use of the hosting services, the content published on the Client’s website, or any breach of this Agreement by the Client.
  • WOWebsites Indemnification: WOWebsites agrees to indemnify, defend, and hold harmless the Client from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from WOWebsites’ gross negligence or willful misconduct in the provision of hosting services.

12. Limitation of Liability

To the maximum extent permitted by applicable law, WOWebsites shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, data, or business opportunities, arising from or related to the hosting services. WOWebsites’ total cumulative liability under this Agreement shall not exceed the total fees paid by the Client for hosting services during the twelve (12) months preceding the claim.

13. General Provisions

  • Entire Agreement: This Agreement constitutes the entire understanding between the parties regarding hosting services and supersedes all prior discussions, agreements, or representations.
  • Amendments: Any modifications to this Agreement must be made in writing and agreed upon by both parties.
  • Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.

By using our hosting services, you acknowledge and agree to the terms outlined in this Agreement.