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IRis for the Web – Hosting Agreement
 

This Hosting Agreement (the "Agreement") is by and between SunCoast Custom Programming & Web Design/IRis Software Products (the "Company"), and ______________________________, a ________________(state) ______________ corporation/government (the "Customer").

Ownership/Copyrights. The Company does and will hold any and all copyrights to IRis for the Web and related software developed by it.

The Company agrees to host the data files from the Customer and the Customer will have exclusive copyright to those data files as provided to them by law. All copyrights of the data files remain the responsibility of the Customer.

Customer acknowledges that the Company does not own or control the various telecommunications facilities to which it may provide access except as those specifically identified as belonging to the Company.

Services. The Company agrees to act as an Application Service Provider for the purposes of hosting a single version of the IRis for the Web software to be accessible at a URL provided by the Company to the Customer. After the initial set-up of the IRis for the Web site, Customer is responsible for providing the data to the Company using the desktop application provided by the Company to the Customer only. Any use of the technical support services of the Company after the initial set-up of the web site shall be subject to technical support fees as are customarily charged by the Company.

Fees. Customer unconditionally agrees and promises to pay to the order of the Company, its successors and assignees, $3,500 for (1) one year of application hosting from the date of the web site first becoming available for use. All annual hosting fees shall be paid in advance, and due prior to the web site being made available to the Customer or the public. Under no conditions shall the Customer be entitled to a refund if service is terminated by Customer before the end of the year for any reason. Accounts billed for additional data transfer, extra hard disk storage, or custom programming will remit amount due within (15) fifteen days after the due date or may have their services suspended. Suspension of service does not relieve the Customer from its obligation to pay any and all fees, charges, and costs due to the Company. Suspended service will be resumed upon receipt of full payment of all amounts due charges as determined by the Company.

Disclaimer. The services provided by the Company and any equipment owned by the Company and used by the Customer, are provided AS IS, WITHOUT WARRANTY OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE CUSTOMER AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE. EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBLILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT.

Usage. The Company exercises no control whatsoever over the content of information passing through its equipment. The Customer agrees to use the IRis for the Web application for lawful purposes only. The Customer agrees to indemnify and hold the Company harmless for any claims, damages, costs, or expenses resulting from the Customer’s use of the Company’s service, equipment, the Internet, or otherwise. The Agreement of Indemnification shall survive the termination of the Agreement. Customer shall have no right to assign or transfer the rights and services granted hereunder to any other person or any other location without mutual written consent. Use of the Company’s services, equipment, or the Internet constitutes acceptance of the Agreement in full. Use of the Internet and the information contained thereon is at the Customer’s own risk.

Entire Agreement. This Agreement and the attached Schedules supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the matters stated herein and contains all of the covenants and agreements between the parties with respect thereto. This Agreement may be amended or modified only in writing and signed by the Company.

Governing Law. THE CONSTRUCTION, VALIDITY AND PERFORMANCE OF THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA AND THE PARTIES HERETO CONSENT TO VENUE AND JURISDICTION OF ANY ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT IN PALM BEACH COUNTY, FLORIDA.

Term. This Agreement shall commence on the date executed by all parties and shall terminate (12) twelve months from the date the web site becomes available for use by the Customer. The Company shall bill the Customer for a renewal (30) thirty days prior to the end of the term of the Agreement, at the prevailing rate set by the Company at that time. If payment is not received for the renewal by the end of the term of this Agreement, the service shall be terminated. Upon receipt of payment, the site will be restored.

General Terms. Customer agrees to be responsible for obtaining and maintaining all insurance covering all risks of loss. Every provision in this Agreement is intended to be severable. If any term or provision herein is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. Captions contained in this Agreement are for reference purposes only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of the Agreement or any provisions hereof. The Customer shall not sell, transfer, or assign this Agreement. Any such assignment shall be null and void and shall not relieve the Customer of its obligations to the Company. The Company shall not be liable for delays or defaults in furnishing goods or services hereunder, if such delays or defaults on the part of the Company are due to: (a) acts of God or of public enemies; (b) acts of the United States or any state or political subdivision thereof; (c) fires, severe weather, floods, explosions ,or other catastrophes; (d) embargoes, epidemics, and quarantine restrictions; (e) shortage of goods, labor strikes, slowdowns, differences with workmen, or labor stoppages of any kind; (f) delays of supplier or delay of transportation for any reason; or (g) causes beyond the control of the Company in furnishing items or services including, but not limited to, breakdown or failure of plant machinery or equipment, or delay in the Customer reporting problems or furnishing information or materials. Acceptance of delivery of the goods shall constitute a waiver and release by Customer of any claim for damages on account of delay. If any contingency occurs, the Company may allocate production and deliveries among the Company’s customers as it’s sole discretion determines.

Facsimile dated signatures of Customer and/or agents shall be considered a binding Agreement enforceable in accordance with the stated rates, forms, and conditions of the Agreement and/or applicable service contracts attached.

Acceptance. By signing below, you acknowledge your review and acceptance of the terms and conditions contained in this document. Please sign (2) two copies of this Agreement. One will be sent back to you with an original signature for your files.

Accepted by:

 

_________________________________________________________________
Customer SignatureDate

 
 
_________________________________________________________________
Customer Name (Please Print)Title

 
 
_________________________________________________________________
(Organization) Name 

 
 
_________________________________________________________________
(Organization) Address 
  

Acceptance for and by SunCoast Custom Programming & Web Design/IRis Software Products
P.O. Box 11233, Charlotte, NC 28220

______________________________________ _________________________
Authorized SignatureDate

 
 
_________________________________________________________________
Name (Please Print)Title

Schedule A – Services

This Agreement covers the following major services we may provide to you:

Link to your current home page

Hosting of one copy of IRis for the Web

Availability of "Sponsorship Page"

Hosting of data files

Up to 1000 megabytes of data transfer per month

200 megabytes of hard disk storage

3 hours free set-up/transfer technical support

Access to Windows 2000 Server

Built-in Windows 2000 Server security and security updates as available

Norton Server Anti-Virus protection and updates as available

Routine backups of your data

24/7 web server monitoring

Access to the IRis For The Web Remote Administration program

For large, very busy sites only:

Additional data transfer in excess of 1000 megabytes per months will be automatically billed at $.10 per megabyte per month

Extra hard disk storage will be billed at $1 per megabyte per month

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