Hosting, Support and Maintenance Agreement
This agreement (the “Agreement”) is made between you(hereinafter referred to as “Client”) and The Art of Online Marketing Group Inc., a California corporation (hereinafter referred to as “AOM”) whose business is located at 17772 Irvine Boulevard, Suite 102-A, Tustin, CA 92780.
WHEREAS AOM provides web site hosting and email services to third parties for a fee;
WHEREAS Client is in need of hosting for its website and email needs and desires that AOM provide such services to Client;
NOW THEREFORE AOM and Client agree as follows:
Server Maintenance and Up Time: AOM will make every effort to keep our network of servers running continuously “Up Time”. However from time-to-time servers will experience downtime due to routine maintenance, upgrades and other required events. AOM will make its best effort to keep all information on our servers backed-up. However Client assumes responsibility for making a separate back up copy of any information posted to our servers. AOM is not responsible for lost materials or information.
Server Integrity: AOM will also make its best effort to maintain security on our network of servers. However the nature of the Web and the Internet is not secure by default. Client assumes responsibility for the appropriate use of security within the Client's scripts and directories.
Website Content: Client assumes sole responsibility for acquiring any authorization(s) or licensing needed for hyperlinks, graphics, videos, and text used.
Termination or Cancellation: Either party may cancel this Agreement at any time with written notice to the other party. Domain registration, VeriSign, Thawtre, and any set-up fees are non-refundable. AOM reserves the right to make changes to this Agreement with seven (7) days notice. Should AOM make changes to this agreement Client will be supplied with the new hosting agreement for review and approval. Should Client decline to enter into the new agreement, or in the event that this Agreement is cancelled by Client, AOM will stop hosting seven (7) days from date of such non-renewal or cancellation. Client is entitled to a copy of their website (front-end) which includes all content, images and database contacts. Client understands that the CMS (Content Management System) is proprietary and that AOM retains all rights to the CMS which cannot be moved over to a new host without expressed, written permission from AOM.
The term of this Agreement shall begin on execution of this document (the “Commencement Date”) and shall continue in perpetuity. Either party may terminate this Agreement at any time by providing the other party with written notice of such termination thirty (30) days prior to the effective date of such termination. The company will be billed one additional time after termination is requested and AOM will fulfill the service for 30 days after that payment is collected.
Payment Delinquencies: AOM will charge Client’s credit card for the monthly hosting fee or the annual renewal fee. In the event Client’s credit card is declined and payment via another credit card, cash or check is not made within fifteen (15) days of the due date Client will be billed a late fee of $25.00. If the monthly hosting fee or annual renewal fee is not received within thirty (30) days from the due date hosting and email services for Client will be terminated until such time as full payment, including any applicable late charges, is received. If AOM terminates Client’s service due to late payment, Client will be required to provide AOM with a deposit equal to two months of hosting fees to be paid prior to Client’s service being restored. The deposit will be held until this Agreement has been terminated by non-renewal or cancelled.
Entire Agreement: This Agreement contains the entire agreement of the parties as it relates to hosting and email services and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties as it relates to hosting and email services.
Amendment: This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties.
Severability: If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Waiver of Contractual Right: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Applicable Law: The laws of the State of California shall govern this Agreement.
By signing where indicated below AOM and Client agree that this Agreement shall be effective as of the first date written above.