Website Hosting Agreement
Highly stable and professional website hosting from Business Edge Services & Technologies, Inc.
THIS AGREEMENT ("Agreement") is entered between Business Edge Service & Technologies, Inc. ("BEST"), with its principal place of business located at 279 Rt. 31 South, Washington, NJ 07882, and the CLIENT, and shall be effective as of the date your web hosting begins (the "Effective Date").
WHEREAS, BEST is engaged in the business of providing Internet web site hosting and related services;
WHEREAS, Client desires to retain BEST to perform the services provided for in this agreement.
NOW, THEREFORE, BEST and Client agree as follows:
1. Scope of Services
Hosting services will be provided according to the terms described in the "Service Level Agreement".
2. Price and Payment
Client will pay BEST for Hosting Services according to the terms set forth in Exhibit A. Client will pay (a) hosting fees in advance, (b) fees for other goods or services as invoiced, and (c) any security deposit as set forth in any attachment to this agreement. BEST may change the prices charged for the services upon thirty (30) days written notice to Client, but such increases shall not exceed ten percent (10%) of the rate currently being charged at that time.
3. Term and Termination/ Delivery & Commencement
A. Hosting Services will commence on the Effective Date of this Agreement and will extend for a period of 1 year and will automatically renew thereafter, unless earlier terminated as provided herein. Client may terminate this Agreement without cause upon at least thirty (30) days written notice to BEST. BEST may terminate this Agreement without cause upon at least thirty (30) days written notice to Client. Either party may terminate this agreement upon written notice for material breach, provided, however, that the terminating party has given the other party at least fourteen (14) days written notice of and the opportunity to cure the breach. Termination for breach will not alter or affect the terminating party's right to exercise any other remedies for breach.
B. If Client's account is suspended due to lack of payment, Client will pay the then current reinstatement fee, in addition to all other charges then due and payable, prior to restoration of the Services.
4. Customer Service
BEST will provide to Client reasonable amounts of consultation via telephone and/or electronic mail in the use of the system, but will not assist with any services that are not maintained or controlled by BEST.
5. Warranty and Disclaimer
BEST warrants the Services will be performed in a workmanlike manner, and in conformity with generally prevailing industry standards. Client must report any material deficiencies in the Services to BEST in writing within ninety (90) days of Client's discovery of the deficiency. User's exclusive remedy for the breach of the above warranty will be the re-performance of the defective services within a commercially reasonable time, or any service credit set forth in any attachments to this agreement. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY ORAL OR WRITTEN REPRESENTATIONS, PROPOSALS OR STATEMENTS MADE ON OR PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. BEST EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES.
6. Limitation of Liability
Neither party will be liable to the other for special, indirect or consequential damages incurred or suffered by the other arising as a result of or related to the Hosting Services, whether in contract, tort or otherwise, even if the other has been advised of the possibility of such loss or damages.
7. Indemnification of BEST
Client will indemnify and hold BEST harmless against any claims incurred by BEST arising out of or in conjunction with Client's breach of this Agreement, as well as all reasonable costs, expenses and attorneys' fees incurred therein. BEST's total liability under this Agreement with respect to the Services, regardless of cause or theory of recovery, will not exceed the total amount of fees paid by Client to BEST during the three (3) month period prior to the date the claim arises.
8. Confidential Information
A. All information relating to Client that is known to be confidential
or proprietary, or which is clearly marked as such, will be held in confidence by
BEST and will not be disclosed or used by BEST except to the extent that such disclosure
or use is reasonably necessary to the performance of the Services.
B. All information relating to BEST that is known to be confidential or proprietary, or which is clearly marked as such, will be held in confidence by Client and will not be disclosed or used by Client except to the extent that such disclosure or use is reasonably necessary to the performance of Client's duties and obligations under this Agreement.
C. These obligations of confidentiality will extend for a period of 3 years after the termination of this agreement, but will not apply with respect to information that is independently developed by the parties, lawfully becomes a part of the public domain, or of which the parties gained knowledge or possession free of any confidentiality obligation.
EXHIBIT A: Client Billing
1. Service Commencement: BEST will invoice the Client electronically in advance for all services to be provided under this agreement. The preferred method of payment is
by credit card using our online payment system. BEST will keep all Client information confidential, and will store Credit Card information in accordance with current guidelines as
set forth by the PCI Security Standards Council.
2. Service Renewal: BEST will invoice the Client electronically 14 days in advance for all services scheduled to renew. Clients will be instructed to use our online payment system
to pay invoices for the service(s) described in the electronic invoice. If there is a stored credit card on file for the Client, and no other payment arrangements have been made by the
service expiration date, then Client gives BEST the right to charge the stored credit card as stated on the invoice and renew service for the specified term.
3. Electronic Invoices: BEST will sent out electronic invoices for all services related to this agreement. Invoices are emailed from "" and will contain an invoice number, a description of service, and an expiration date for when service expires. It is the Client's responsibility to pay the
invoice timely or risk discontinuation of service. If renewal invoices are not paid within 30 days of the service expiration date, BEST will automatically stop providing
the service and/or cancel the Client's account.