Hosting Service Quote

Hosting Service Quote

Parties and Identifiers

Quote Number:    Quote Date:    Expiration Date:

Provider Name:

Client Name:

Recitals

WHEREAS, Provider operates and maintains web hosting infrastructure and related managed services and is willing to provide hosting services to Client in accordance with the terms set forth in this Quote; and

WHEREAS, Client seeks to engage Provider for hosting, maintenance, monitoring, backup, and related services described below, and the parties intend for this Quote to set forth the services, fees, and contractual terms that will govern the initial engagement; and

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein, the parties agree as follows.

Scope of Work

Service Items and Pricing

Itemized Services

Service 1 Description:    Qty:    Unit Price: $    Line Total: $

Service 2 Description:    Qty:    Unit Price: $    Line Total: $

Additional Services:    Qty:    Unit Price: $    Line Total: $

Subtotal: $    Tax (if applicable): $    Total Quote Amount: $

Payment Terms

Provider will invoice Client in accordance with the schedule below. All amounts are payable in U.S. dollars and are due net of any withholding unless otherwise required by law. Late payments shall accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law.

Late Fee:    Acceptable Payment Methods: ACH Credit Card Check

Term and Termination

Term Start Date:    Term End Date (if applicable):

Either party may terminate this engagement for material breach if the breach remains uncured for days after written notice. For convenience, either party may terminate upon days' written notice. Termination shall not relieve Client of payment obligations for services performed through the effective date of termination.

Confidentiality

Each party shall treat as confidential and shall not disclose to any third party (except to its employees, contractors or advisors who have a need to know and who are bound by confidentiality obligations) any non-public business, technical, or financial information of the other party obtained in connection with this Quote. Confidential information does not include information that (i) was already known to the recipient without restriction at the time of disclosure; (ii) is or becomes generally available to the public through no act or omission of the recipient; or (iii) is independently developed by the recipient without use of the disclosing party's confidential information. The obligations of confidentiality shall survive termination of this engagement for a period of three years.

Limitation of Liability (Summary)

Provider's liability for direct damages arising from Provider's negligence or willful misconduct shall be limited to the fees paid by Client to Provider under this Quote in the twelve (12) months preceding the event giving rise to the claim. In no event shall Provider be liable for indirect, incidental, consequential, special, or punitive damages. The parties acknowledge that these limitations are an essential element of the bargain.

Governing Law and Dispute Resolution

This Quote and any disputes arising out of or related to it shall be governed by and construed in accordance with the laws of the state of without regard to its conflict of law principles. The parties shall attempt in good faith to resolve disputes by negotiation prior to initiating any formal dispute resolution.

Entire Agreement

This Quote, together with any documents expressly incorporated by reference herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements, proposals, or communications, whether written or oral. Any amendments or modifications must be in writing and signed by authorized representatives of both parties.

Acceptance

By signing below, the parties acknowledge that they have read, understood, and agree to be bound by the terms of this Quote. Acceptance of this Quote constitutes a binding agreement to provide and pay for the services set forth herein.

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