Website Hosting Contract Template

Website Hosting Agreement


Please note that this document is currently awaiting an update for the GDPR. In the meantime, new GDPR-ready standard clauses for data protection and data processing are available in our GDPR & Data Protection Group.

This Website Hosting Agreement is designed for use by Internet Service Providers that offer hosting services to the developers and owners of websites in return for a regular fee (usually annual).

This document has been updated to incorporate new standard clauses (also known as “boilerplate clauses”) which are designed to increase the legal certainty of the contract. The basic effect of the document remains unchanged, but parties will now be more aware of their respective rights and obligations concerning matters that lie outside of the website hosting itself. Of particular importance are new dispute resolution provisions with options allowing for escalation through several types of dispute resolution before court action, ideally removing the need (and associated expense) to go to court.

This website agreement template can be used with a broad range of hosting services as it leaves much of the description of the services themselves to the host’s own literature. It is up to the host to define their own hosting packages and the specific services and features that they will offer to clients.

A number of provisions are included in this agreement that serve to protect the interests of the host. Clients are subject to a number of undertakings and obligations in relation to their use of the host’s services to ensure that their website stays within the bounds of the law. Furthermore, the client must indemnify the host against claims made against the host that arise through the fault of the client.

The Website Hosting Agreement contains the following clauses:

1. Definitions and Interpretation
2. The Service
3. Availability of Service
4. Fees and Payment
5. Changes to this Agreement
6. Client Undertakings and Obligations
7. Intellectual Property and Proprietary Rights
8. Limitation of Host’s Liability
9. Warranty Disclaimer
10. Client Indemnity
11. Confidentiality
12. Force Majeure
13. Term and Termination
14. Effects of Termination
15. No Waiver
16. Further Assurance
17. Costs
18. Set-Off
19. Assignment and Sub-Contracting
20. Time
21. Relationship of the Parties
22. Third Party Rights
23. Notices
24. Entire Agreement
25. Counterparts
26. Severance
27. Dispute Resolution
28. Law and Jurisdiction

and the following schedules:

1. Hosting Package & Service
2. Fees

This document is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.

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