| JP's High Tech World, Inc
362 James St.
New Wilmington, PA 16142
Phone # (724) 946-8886
Fax # (724) 946-3283
www.jpworld.com
JP's High Tech World's Web Hosting Agreement THIS WEB HOSTING AGREEMENT,
dated as of [_________________] (this "Agreement"), is made by and between JP's High
Tech World, Inc., a Pennsylvania corporation ("Servicer"), and [________________________],
a [_______________________] ("Client," and, collectively with Servicer, the "Parties"). WHEREAS,
Servicer is engaged in the business of providing web hosting and related services;
and WHEREAS, Client desires to purchase from Servicer, and Servicer desires
to sell to Client, certain such web hosting and related services on the terms
and subject to the conditions set forth herein, NOW, THEREFORE, in consideration
of the mutual representations, covenants, and agreements set forth herein, and
for other good and valuable consideration, the sufficiency and receipt of which
are hereby acknowledged, the Parties hereto, agree as follows: 1. PURPOSE:
Client engages Servicer to provide and perform the consultative services described
in this Agreement 2. PERFORMANCE: Subject to the provisions of Section
6 below, Servicer shall perform the services provided for in this Agreement using
reasonable care and commercially reasonable efforts and shall devote a reasonable
amount of time to fulfilling its obligations under this Agreement. 3. COOPERATION
BY CLIENT: Client agrees to (a) furnish Servicer with accurate data on a timely
basis as reasonably requested by Servicer, and (b) cooperate with Servicer in
Servicer's provision of services under this Agreement as Servicer may reasonably
request. If requested by Servicer, Client shall designate individuals to whom
Servicer's communications related to this Agreement may be directed. 4.
FEES; TERMINATION BY SERVICER FOR NON-PAYMENT: Client shall pay to Servicer a
monthly server fee, in advance, in the amount of $[_____________] (a "Monthly Fee"),
for an initial term of [_________] months (the "Initial Term"), beginning on the
date of this Agreement. SETUP FEE: $ __________
TOTAL: $ ____________ If Servicer
does not receive payment of any Monthly Fee provided for in this Section 4 within
10 business days of the date such Monthly Fee becomes due and payable as provided
herein, then Client shall owe and pay to Service additional fee of $35.00 (a "Late
Charge"). If either (a) Servicer does not receive any Monthly Fee provided for
in this Section 4 (plus any Late Charges related thereto) within 60 days of the
date such Monthly Fee becomes due and payable as provided herein, or (b) with
respect to two or more Monthly Fees, Servicer does not receive such Monthly Fees
(including any Late Charges related thereto) within 30 days of the date such Monthly
Fees become due and payable, respectively, then Servicer shall have the right,
without any further notice to Client, to terminate this Agreement and cease providing
any and all services hereunder. In such event, Client shall owe to Servicer an
amount equal to the sum of (a) all Monthly Fees and Late Charges accrued as of
the date this Agreement is terminated, plus (b) a sum equal to all Monthly Fees
that would have become due and payable under this Agreement during the Term (as
defined below) hereof (such sum, the "Cancellation Fee"), and Client shall pay
such Cancellation Fee to Servicer within five business days of the date that this
Agreement is terminated. 5. VOLUNTARY TERMINATION BY EITHER PARTY; EARLY
TERMINATION BY CLIENT; EFFECT OF TERMINATION: This Agreement may be terminated
by either Party on 30 days written notice to the other Party as follows: 6.
NO IMPLIED WARRANTIES; LIMITATION OF LIABILITY: Servicer makes no warranties
of any kind, either express or implied, to Client related to or in connection
with the services provided under or related to this Agreement and expressly disclaims
any warranty of merchantability, warranty of fitness for a particular purpose,
or any other warranty arising under the Pennsylvania Uniform Commercial Code or
any similar law. The Parties agree that Servicer shall not be liable to Client
or to any other person for any damages Client or any other such person may suffer
in connection with Servicer's provision of services under this Agreement except
as may be caused by Servicer's intentional wrongdoing or willful misconduct ("Servicer's
Malfeasance"), and the Parties agree that, to the fullest extent permissible by
law, Servicer shall be exculpated from all liability to Client or any other person
in tort, including for negligence. Without limiting the foregoing, the Parties
agree that in no circumstances shall Servicer be liable to Client or to any other
person for any damages resulting from loss of data, delays, non-deliveries, misdeliveries,
or service interruptions, whether caused by any person's negligence, by errors
or omissions, or by the fault of third parties. Also without limiting the foregoing,
the Parties agree as follows: JP'S HIGH TECH WORLD, INC. By:________________________________
Name: J.P.Lutgens
Title: Chief Executive Officer
___________________________________
[Name of Client]
By:________________________________
Name:
____________________________
Title: ____________________________ |
