Internet Web Site and Email Hosting Services Agreement

Agreement Number: _______________Page 1 of 2

Customer agrees to purchase, and Service Provider ("RiskINFO") agrees to deliver the Web Site and/or Email Hosting Services (hereinafter referred to as "Hosting Services"), subject to the terms and conditions contained herein and charges in the appropriate RiskINFO Web Site and Email Hosting Services Price List, date .

 WEB SITE / EMAIL HOSTING SERVICES ORDERED

Service contract billing description and Code:

Contract Period:                               Fee:

Purchase Order required by Customer � No � Yes

If yes, Purchase Order Number ______________ / Date ________________________

Customer agrees that this Agreement and RiskINFO applicable Price List Schedule constitute the entire agreement between Customer and RiskINFO, irrespective of inconsistent or additional terms and conditions in Customer’s purchase orders or other documents submitted by Customer to RiskINFO.

Customer Name & Billing Address

 

 

Attention:

Agreed to this

Accepted this

______ day of _________________, 19	______ day of _________________, 19
Customer:	RiskINFO:
By:	By:
Title:	Title:
Date:	Date:

 

Terms and Conditions

1. Effective Date

This Agreement shall become effective upon the date accepted and signed by RiskINFO, and Customer pays first startup or service fees.

2. Service Start Date

The service start date shall commence when RiskINFO begins development of Customer’s Web Site, or Customer initiates migration of an existing site by contacting the host of the existing site, or when RiskINFO initiates setup of a new Domain Name with InterNIC, at Customer's request, whichever of the above occurs first.

3. Changes

Prices, terms and conditions are subject to change at any time upon written notice to the customer. Prices are based upon price in effect at time of order, except in the event of published price increase. In the event of published price change, orders placed prior to the price change, and delivered within thirty days of the change, will receive the lesser of the new price and the price in effect at time of order. Prepaid services will receive the price in effect at the time of prepayment, for the term of the contracted service period. Scheduled deliveries of service after 30 days will be invoiced at the price in effect at time services are rendered. If any change is unsatisfactory to the Customer, the Customer may cancel the contract by mailing written notice to RiskINFO within thirty (30) days from the effective date of the change. In the event of such cancellation after an announced change, deliveries made prior to cancellation will be billed at the contract rates prevailing prior to the change.

4. Warranty

   A. Customer warrants to have the full right and power to grant the rights to use the materials embodying the names, words, recordings, likenesses, identity, and performances of the photographers, artists and/or performers, free and clear of any rights or claims by the owners or any others, and shall indemnify and hold RiskINFO, its agents, owners, employees, licensees, successors and assigns wholly harmless from any loss, liability, damage, cost of expense (including reasonable legal fees) from any claims by the owners or others arising from the use or any derivatives of the materials given to RiskINFO to incorporate into the Customer’s Internet and Web Presence for promotional purposes.

   B. RiskINFO warrants that the services to be provided will be performed in a reasonable time frame and be consistent with the specification of services outlined in the prevailing price list.

   C. THE FOREGOING WARRANTIES ARE EXCLUSIVE REMEDIES AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RiskINFO WILL NOT BE RESPONSIBLE UNDER ANY PART OF THIS AGREEMENT FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.

5. Renewal

This contract will automatically be renewed for successive twelve month periods at the prices, terms and conditions prevailing at the time of renewal. RiskINFO will mail written notice of the renewal within thirty (30) days of the commencement of the renewal period.

6. Cancellation

Customer may cancel the renewed contract period by mailing written notice of cancellation to RiskINFO within thirty (30) days from receipt of the renewal notice. In the event of such cancellation after automatic renewal, deliveries made prior to cancellation will not be rebilled.

In the event Customer requests cancellation prior to the expiration of the Contract Period, the full amount due for the duration of the Contract Period shall be deemed to be fully earned by Service Provider. Payment of any unpaid balance shall be due within ten days after presentation of a Final Invoice by Service Provider. Upon receipt of payment of Final Invoice, Service Provider shall cooperate fully with Customer by promptly initiating transfer of any domain names belonging to Customer to another Service Provider of Customer's choice, or to Customer. Other assistance required by Customer in completing said transfer shall be provided by Service Provider, to the extent of its available capabilities, within a reasonable time period, and Service Provider shall receive compensation based upon a reasonable Estimate of time and expense expected to be incurred. 80% of said estimate shall be payable in advance by Customer, and the balance, based upon records of actual time and expense incurred, shall be payable within ten days of: (1) the date the service becomes effective at the new site, or (2) the date the transfer as described in the Estimate is completed, whichever occurs first.

7. General

Invoices shall be delivered to customer prior to delivery of the next month's, quarter’s (3 months’), or year's services, as applicable. Payment terms are due and payable upon receipt.

RiskINFO shall not be liable for non-performance caused by circumstances beyond its control including, but not limited to, work stoppages of RiskINFO employees or employees of others, fires, disruptions in the overall performance of the Intenet network, civil disobedience, civil commotions, riots, rebellions, insurrections, acts of God and similar occurrences. To the extent possible, Service Provider shall provide advance notice to Customer of any major planned maintenance or upgrades to its Systems that may affect the delivery of services for more than a ten minute period.

The contract prices, terms and conditions, in effect on the date of delivery, shall constitute the entire agreement between the Customer and RiskINFO with respect to its subject matter, irrespective of inconsistent or additional terms and conditions in the Customer’s purchase order, in any other document submitted to RiskINFO by Customer, or in representations made by RiskINFO sales personnel.