Can this agreement be signed electronically?

Yes. Electronic signatures are legally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA in most states when intent, consent, attribution, and retention requirements are met.

Do I need a notary or witnesses?

Not usually for commercial contracts, but certain state-specific formalities or internal policies may require notarization or witnesses for specific exhibits; verify with counsel or state law.

How should sensitive data be handled?

Contract should require encryption in transit and at rest, incident notification timelines, and, for healthcare data, a signed BAA to comply with HIPAA.

What if a signer’s name doesn’t match corporate records?

Ensure the signature block includes the signer’s title and entity name; attach authority documentation or a board resolution if needed to confirm signing authority.

How long should I keep the signed agreement?

Keep the agreement for the term plus at least three years; follow IRS, HIPAA, or industry-specific retention rules for longer periods when required.

How do I revoke or amend the agreement?

Amend or terminate only per contract terms; use a written amendment signed by authorized parties or follow termination procedures in the agreement to avoid breach.

Electronic Signature
Templates
Miscellaneous
Network Server Agreement

Network Server Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

NETWORK SERVER AGREEMENT

This Network Server Agreement ("Agreement") is made effective as of Day: Month: Year: by and between the parties identified below.

Parties

Service Provider Name: Service Provider Address: Client Name: Client Address:

Recitals

WHEREAS, Service Provider operates, maintains and manages network servers, hosting facilities and related infrastructure necessary to provide data storage, processing and hosted application services; and

WHEREAS, Client desires to engage Service Provider to host and manage Client's server and network services under the terms set forth herein; and

WHEREAS, the parties intend to set forth the respective rights, obligations, service levels and fees in this Agreement.

Scope of Work

Service Provider will provide hosting, maintenance, monitoring and administrative services for Client's server environment as described below. Specific tasks, deliverables and responsibilities are set forth in the scope description.

Detailed Scope Description:

Payment Terms

Client shall pay Service Provider the fees described below in exchange for the services provided. All fees are exclusive of taxes unless otherwise stated.

Base Monthly Fee (USD): Payment Schedule / Invoicing:

Late payments shall accrue interest at a rate of per month on outstanding balances, or the maximum rate permitted by law, whichever is lower.

Term and Termination

This Agreement commences on Start Date: and continues until End Date: unless earlier terminated as provided herein.

Either party may terminate this Agreement for convenience upon days' prior written notice. Either party may terminate for material breach if the breach is not cured within thirty (30) days of written notice specifying the breach.

Confidentiality

Each party shall treat as confidential all non-public information of the other party obtained in connection with this Agreement ("Confidential Information"). Confidential Information shall not include information that is or becomes publicly known other than by breach of this Agreement, was already known to the receiving party, or is independently developed. The receiving party shall use at least the same degree of care to protect Confidential Information as it uses for its own confidential information, but not less than a reasonable standard of care.

Service Provider acknowledges that Client data is and will remain the property of Client. Service Provider will not access, use or disclose Client data except as necessary to perform the services and as permitted in writing by Client.

Data Security, Backup and Access

Service Provider shall implement commercially reasonable administrative, physical and technical safeguards to protect Client data, including encryption at rest and in transit where applicable. Standards of encryption and backup frequency:

Encryption Standard / Backup Frequency:

Service Provider will maintain regular backups and will retain copies in accordance with the retention schedule stated above. Client is responsible for verifying backup integrity following any significant change or migration.

Service Levels and Maintenance

Service Provider warrants an uptime service level of per calendar month, excluding scheduled maintenance. Scheduled maintenance windows will be provided with at least 48 hours' notice where practicable.

Remedy for Failure to Meet SLA:

Liability and Indemnification

Neither party shall be liable for consequential, incidental, special or punitive damages except for indemnification obligations, breach of confidentiality, or willful misconduct. Each party shall indemnify and hold harmless the other from third-party claims arising from the indemnifying party's negligence or breach of this Agreement.

Ownership; Return of Materials

Client retains all right, title and interest in Client data and applications. Service Provider retains ownership of its pre-existing tools, software and infrastructure. Upon termination, Service Provider will return Client data in a commonly used machine-readable format within days following termination, subject to Client's payment of outstanding fees.

Change Management and Migration Assistance

Changes to configuration, deployment or hosted applications shall follow a change management procedure to minimize downtime. Service Provider will provide reasonable migration assistance at standard rates upon Client request and subject to mutual agreement on scope.

Force Majeure

Neither party shall be liable for delays or failures due to causes beyond its reasonable control, including acts of God, governmental action, labor disputes, network failures not within the reasonable control of the party or failures of third-party providers.

Notices

All notices under this Agreement shall be in writing and delivered to the addresses set forth below or to such other address as a party designates by written notice.

Service Provider Notice Contact: Client Notice Contact:

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of without regard to its conflict of laws principles.

Entire Agreement

This Agreement, together with any exhibits or attachments executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals and communications, whether oral or written. No modification of this Agreement will be binding unless executed in writing by both parties.

Signatures

Service Provider:

By:

Date:

Client:

By:

Date:

What a Network Server Agreement Is and when it’s used

A Network Server Agreement is a contract that defines the terms for hosting, operating, maintaining, and securing servers and related infrastructure on behalf of a customer or between contracting parties. It typically covers service levels, access controls, data ownership, confidentiality, maintenance windows, patching, backup and recovery, liability, indemnity, and termination rights. Organizations use this agreement when outsourcing hosting, procuring managed services, colocating equipment, or defining responsibilities for cloud or on-premises server environments. Clear scope and technical exhibits reduce operational ambiguity and support regulatory compliance.

Why a clear Network Server Agreement matters

A well-drafted Network Server Agreement allocates operational responsibilities, limits liability, defines security obligations, and sets measurable service levels, reducing disputes and compliance risk while clarifying costs and change control procedures.

Typical parties and stakeholders that use this agreement

Common signers include cloud providers, managed service vendors, IT departments, procurement officers, and in-house legal counsel.

Cloud and hosting providers responsible for uptime, patching, and physical security of server infrastructure.
Enterprise IT and system owners who request hosting, define configuration, and accept service levels.
Legal and procurement teams that negotiate liability, indemnity, and data-handling obligations.

Each stakeholder should verify technical exhibits and acceptance criteria before signing to avoid operational gaps.

Core sections to include in a professional agreement

A comprehensive agreement uses clear exhibits and measurable metrics to avoid ambiguity and tie technical obligations to contract remedies.

Scope

Define hardware, virtual resources, geographic locations, and included services; attach configuration and inventory exhibits to prevent scope drift and hidden costs.

Service Levels

Specify uptime targets, measurement windows, credits for outages, response and resolution times, and escalation paths tied to monitorable metrics.

Security Controls

List encryption, access control, vulnerability management, incident response, logging, and audit requirements, including responsibilities for patches and third-party assessments.

Data Handling

Establish data ownership, permitted uses, backup frequency, retention, encryption at rest/in transit, and procedures for data return or secure deletion.

Liability & Indemnity

Limit direct damages, define caps or exclusions, allocate indemnity for third-party claims, and address consequential damages and insurance requirements.

Change Management

Define how configuration changes, capacity adjustments, and maintenance windows are requested, approved, scheduled, and communicated to minimize disruption.

Essential information to include at a glance

Party Names: Full legal entity names

Service Scope: Detailed infrastructure description

Effective Date: MM/DD/YYYY start date

Term Length: Fixed period or auto-renewals

SLA Metrics: Uptime and response targets

Signature Blocks: Authorized signer details

Step-by-step process to complete and execute the agreement

Follow these sequential steps to assemble exhibits, obtain approvals, and finalize signatures with minimal delays.

01

Drafting: Populate scope, SLAs, and exhibits with technical input.
02

Internal Review: Legal and procurement verify liability, insurance, and termination terms.
03

Negotiation: Track redlines, version control, and agreed concessions.
04

Execution: Obtain authorized signatures and distribute final signed copies.

How to set up an online signing workflow for this agreement

Configure a reproducible workflow to reduce manual steps and to capture a complete audit trail during electronic execution.

Field	Configuration
Signature Type	Allow electronic signatures and date fields
Authentication Level	Use email link plus optional SMS code
Conditional Fields	Show warranties only if selected checkbox
Routing Order	Sequential signing: provider then client

Where to send and how signed agreements are distributed

Decide destination addresses and archival locations before execution to ensure compliance and rapid retrieval.

Send To: Address to contracting party's legal or procurement contact
Return Copy: Signed PDF with audit trail to both parties
Archive: Store final copy in secure document repository
Notification: Automated email confirms completion and provides links

Technical and compliance considerations for electronic signing

Ensure your signing platform supports required authentication, audit trails, and export formats before e-execution.

Integrations: Salesforce, NetSuite, and cloud storage integrations available
Document Formats: Supports PDF, DOCX, and export to PDF/A
Security: TLS in transit and AES-256 at rest

Confirm the vendor can provide a binding audit trail and, where required, a Business Associate Agreement for HIPAA compliance.

Typical timeline and notice periods to include

Include measurable deadlines and notification requirements to make obligations enforceable and to enable operational planning.

Effective Date:

Agreement performance begins on the stated MM/DD/YYYY effective date

Notice to Cure:

Default cure period commonly 30 days from written notice

Termination Notice:

Terminate for convenience with 60–90 days' written notice as negotiated

Maintenance Window:

Schedule recurring maintenance with at least 7 days' notice

Data Return Timeline:

Return or delete customer data within 30–90 days after termination

Common mistakes to avoid when preparing the agreement

Leaving technical exhibits incomplete, which creates ambiguity about included resources and service responsibilities.
Using vague SLA language such as 'best effort' without measurable uptime, leading to disputes and unenforceable remedies.
Failing to define data ownership and deletion procedures, especially where regulated data must be returned or destroyed.
Omitting disaster recovery and backup frequency details, which can delay recovery and create liability gaps.

Primary risks and potential legal consequences

Data Breach: Regulatory fines and breach notification costs

Service Failure: Lost revenue and potential SLA credit claims

Contractual Liability: Indemnity obligations to third parties

Regulatory Noncompliance: HIPAA or PCI penalties where applicable

Intellectual Property Risk: Misallocated ownership or license disputes

Termination Exposure: Costs for expedited migration or replacement services

Practical examples of common Network Server Agreement scenarios

Two representative scenarios show how terms map to operational needs and risk allocation for different organizations.

Enterprise Hosting Scenario

A national retailer contracts a managed hosting provider to run point-of-sale servers

SLA focus on 99.95% uptime and rapid failover
The agreement ties monthly credits to measured downtime, requires quarterly security scans, and mandates data return procedures during offboarding to avoid operational disruption.

SMB Outsourcing Scenario

A mid-size software firm outsources staging servers to a cloud MSP

Emphasis on change management and backup frequency
The contract limits liability, sets 30-day cure periods, and attaches a technical exhibit listing VM sizes, backup schedules, and maintenance windows.

Practical drafting and negotiation tips

Use these best practices to speed review cycles and reduce negotiation friction while preserving essential protections.

Attach Technical Exhibits

Include configuration sheets, IP lists, and capacity metrics as exhibits to avoid ambiguous scope and to speed technical sign-off.

Make SLAs Measurable

Define measurement windows, monitoring sources, and credit calculation methods to ensure transparent enforcement and reduce disputes.

Limit Indemnity Narrowly

Tie indemnity to negligent or willful acts and carve out indirect or third-party claims where appropriate to control exposure.

Plan Data Migration

Include a step-by-step offboarding annex that defines export formats, transfer timelines, and validation checks to avoid lock-in.

Representative eSignature pricing and feature comparison

Compare typical starting prices and basic feature differences for common eSignature providers; signNow appears first per platform conventions.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	Yes
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently asked questions about executing a Network Server Agreement

Answers to common practical and legal questions about execution, e-signature validity, and recordkeeping for these agreements.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures are legally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA in most states when intent, consent, attribution, and retention requirements are met.
Do I need a notary or witnesses?
Not usually for commercial contracts, but certain state-specific formalities or internal policies may require notarization or witnesses for specific exhibits; verify with counsel or state law.
How should sensitive data be handled?
Contract should require encryption in transit and at rest, incident notification timelines, and, for healthcare data, a signed BAA to comply with HIPAA.
What if a signer’s name doesn’t match corporate records?
Ensure the signature block includes the signer’s title and entity name; attach authority documentation or a board resolution if needed to confirm signing authority.
How long should I keep the signed agreement?
Keep the agreement for the term plus at least three years; follow IRS, HIPAA, or industry-specific retention rules for longer periods when required.
How do I revoke or amend the agreement?
Amend or terminate only per contract terms; use a written amendment signed by authorized parties or follow termination procedures in the agreement to avoid breach.

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