This Web Site Hosting Agreement (the “Agreement”) is made and entered on [______________] (the “Effective Date”) by and between [client business name] (“Client”), hereby represented by client name, duly authorized as s/he so declares and MageMontreal Inc. (“MageMontreal”) hereby represented by Guillaume Le Tual, duly authorized as he so declares (Client and MageMontreal, referred to as the “Party(ies)”).
WHEREAS MageMontreal is in the business of providing Internet web site design and development products and services, and various products and services related thereto, such as web hosting; and
WHEREAS the Parties wish to set out the terms and conditions upon which MageMontreal will provide hosting services with respect to the Client’s Internet web site (the “Web Site”) in accordance with the agreed upon terms;
NOW THEREFORE, in consideration of the mutual promises hereinafter set forth and other good and valuable consideration, (the receipt and sufficiency of which is hereby acknowledged by each of the Parties), the Parties covenant and agree as follows:
1. WEB SITE
1.1 Acceptance. Prior to accepting to provide the Hosting Services set out in section 2, MageMontreal will analyze Client’s Web Site to ensure that it meets the criteria (the “Criteria”) needed for it to properly provide the Hosting Services.
1.2 Adjustment. If the Web Site does not meet the Criteria, Client may request that MageMontreal adjust the Web Site so as to conform to such Criteria, at Client’s expense.
2. WEB SITE HOSTING SERVICES
2.1 Hosting Services. Subject to Section 1.1, MageMontreal shall install and host the Web Site on its server located either in Montreal, Canada, or its other servers located in the United States. MageMontreal shall host the Web Site (the “Hosting Services”) in a professional and workmanlike manner in accordance with the terms and conditions of this Agreement. Without limiting the generality of the foregoing, MageMontreal shall be responsible for the Hosting as may be required for the hosting of the Web Site in accordance with the provisions of this Agreement. Backups and recovery services are available for an additional fee.
2.2 Access and Updates by Client. MageMontreal will provide password-protected access to its server so that Client may update the Client content by posting the new Client content via file transfer protocol (FTP). Client acknowledges and agrees that access to and use of the Web Site will be in accordance with MageMontreal’s terms of use and privacy policy posted on its website.
2.3 User Information. MageMontreal agrees that all information collected by MageMontreal about users of the Web Site (the “User Information”), all traffic data and all content posted or uploaded on the Web Site by Users (the “User Content”) shall belong to Client. MageMontreal agrees to treat the User Information and User Content as confidential and agrees that it shall not use the User Information and User Content in any manner without the prior written consent of Client.
2.4 Site Backup. MageMontreal shall, at its expense, make a complete backup of the Website every day which is stored for a few days then it is automatically deleted. MageMontreal shall also, at its expense, maintain a complete and daily updated copy of such Website backups on a second server located at a remote location as additional protection for a few days then it is automatically deleted.
2.5 Client Responsibility regarding Back-ups: Despite section 2.4, the Client is solely responsible for keeping a copy of the backup of its Web Site and data.
2.6 Support Requests: MageMontreal is open during normal business hours from Monday to Friday. Support requests sent over the weekend will be deemed received the next business day.
2.7 Emails not included in the hosting: It is understood that MageMontreal strictly does not provide any email services with the website hosting service. All emails services will be external services from any provider the client wants to use for his emails such as Microsoft Office 365, Google Apps, or other email providers.
The access to the manual emails setups is not blocked, a technologically knowledgeable client could decide to setup himself his emails on our server anyway but that feature is not included in this agreement, is not supported, is not recommended and should not to be used. MageMontreal does not provide any email services.
3. FEES AND PAYMENT
3.1 Fees. In consideration of the performance of the Hosting Services, Client shall pay MageMontreal the fees set out in “Annex A: Fees”.
3.2 Invoicing. MageMontreal shall invoice Client for the Hosting Services described in this Agreement. Invoices will be sent to Client at the contact information set out in the notice section of this Agreement. Invoices shall be payable on the first day of each month for the upcoming month.
3.3 Upgrades. If the current hosting plan is exceeded, then Client will automatically be upgraded to the next level of the hosting plan and shall be deemed to have accepted the increased fees (ex: 30$/month upgraded to 60$/month).
3.4 Security Issues. If the client’s website is infected by any Virus/Trojan/Malware or any type of script or code defect which compromise the security of its website, of the server, or the performance of the server, or the server’s IP addresses reputation (in case of spam), MageMontreal reserves the right to suspend the hosting account and put offline the website and not reactivate the account until the problem has been fixed at client’s expenses. MageMontreal might offer a quote to fix such problems if its programmers are available but it is the client’s responsibility to keep his website secure. As per section 6 client may not claim any damages whatsoever direct or indirect if MageMontreal is forced to suspend the hosting account.
3.4.1 CMS Updates. If the client’s website has a CMS (Content Management System) such as WordPress, Magento, or other CMS, the client should at all-time keep his CMS version up to date within 3 weeks of the new version of the CMS being available or of any security patch being released.
Annex A. FEES & PAYMENT TERMS
Client will pay the following fees to MageMontreal, in exchange for the Hosting Services to be provided by MageMontreal, in the manner and at the time set out below:
The fees for the hosting of the website are as per the quote accepted by the client, starting at $30 per month for an information/corporate type of website. For e-commerce websites, the hosting starts at $75 per month for 100,000MB of monthly transfer and 10,000MB of Storage. Bandwidth and storage beyond this limit will be automatically upgraded to the next service plan by additional increments of $30/month for an additional 100,000MB of monthly transfer and additional 5,000MB of Storage. The website’s usage of additional CPU and RAM could also require a package update in addition of bandwidth and storage use. MageMontreal will notify Client of any upgrades by email.
All fees are payable in Canadian dollars and taxes are in addition.
