Website Hosting Security Maintenance Agreement

Website Hosting Security Maintenance Agreement

Parties

Recitals

WHEREAS, Client desires to retain Provider to host Client's website and to provide ongoing security monitoring, maintenance, and related technical support effective as of ;

WHEREAS, Provider represents that it has the necessary expertise, personnel, systems, and procedures to perform secure hosting, vulnerability management, patching, backups, and incident response in accordance with the terms of this Agreement; and

WHEREAS, the parties wish to set forth their respective rights, obligations, and the commercial terms that will govern Provider's hosting, security, and maintenance services.

Scope of Work

Provider will perform the services described below in a professional manner consistent with industry standards. The services include, at a minimum:

Core services shall include secure web hosting, operating system and application security patching, malware scanning and removal, firewall configuration, intrusion detection alerts, SSL/TLS certificate management, periodic vulnerability assessment, system hardening, daily backup and restoration testing, and agreed-upon administrative support.

Payment Terms

Late payments shall incur a late fee equal to per month on any unpaid balance, or the maximum lawful rate if less. Client is responsible for all collection costs, including reasonable attorneys' fees.

Term and Termination

This Agreement commences on and continues until unless earlier terminated as provided herein.

Either party may terminate this Agreement for convenience upon written notice to the other party delivered at least days prior to the effective termination date. Provider may terminate for Client's material breach if Client fails to cure such breach within 30 days after receiving written notice from Provider.

Upon termination, Provider shall, at Client's direction and subject to payment of outstanding fees, deliver a copy of Client's site files and a current backup in a mutually agreed format within 15 days.

Confidentiality

Each party shall keep confidential and shall not disclose to any third party any Confidential Information of the other party except as necessary to perform obligations under this Agreement or as required by law. "Confidential Information" includes nonpublic business, technical, and security information, system credentials, and any personal data processed on behalf of Client. Confidentiality obligations shall survive termination for a period of five (5) years.

Security, Backups and Incident Response

Provider shall maintain commercially reasonable administrative, physical, and technical safeguards appropriate to the nature of the data and services provided. Provider will perform security patching, malware scanning, and maintain logging and monitoring systems. Provider will perform backups at least with a retention period of days.

In the event of a suspected security breach affecting Client data, Provider shall notify Client within hours of discovery and shall cooperate in good faith with Client's incident response, including forensic review and remediation. Provider's obligations to notify shall be subject to any legal constraints on disclosure.

Service Levels

Provider will use commercially reasonable efforts to achieve an annual uptime percentage of . Response time for critical incidents shall be within hours. Remedies for failure to meet service levels shall be limited to service credits as detailed in the Scope of Work.

Intellectual Property

Client retains all right, title and interest in and to Client content and Client intellectual property. Provider retains all right, title and interest in and to Provider systems, tools, and methodologies used to deliver services. Provider is granted a limited, non-exclusive, non-transferable license to use Client content solely to provide the services under this Agreement.

Indemnification and Limitation of Liability

Each party shall indemnify and hold harmless the other party from third-party claims arising from the indemnifying party's breach of this Agreement or willful misconduct. Provider's aggregate liability for direct damages arising out of or relating to this Agreement shall not exceed the total fees paid by Client to Provider under this Agreement during the twelve (12) months preceding the claim. In no event shall either party be liable for indirect, incidental, special, consequential, or punitive damages.

Change Requests

Insurance

Provider shall maintain commercial general liability and cyber liability insurance in amounts customary for providers of similar services and shall provide evidence of such insurance upon request.

Governing Law

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

Entire Agreement

This Agreement, including any exhibits and statements of work 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, or representations, whether written or oral. Any amendment must be in writing and signed by authorized representatives of both parties.

Notices

Miscellaneous

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties are independent contractors and nothing in this Agreement creates a partnership, joint venture, or employment relationship.

The headings in this Agreement are for convenience only and shall not affect interpretation.

Sign Now