Stratus Concept LLC

Website Hosting Agreement


This Agreement, dated as of (“Effective Date”), is by and between Stratus Concept LLC, an Illinois corporation with offices located in Lake Zurich, Illinois, and ("CLIENT") with offices located in .

RECITALS

  1. CLIENT desires to retain Stratus Concept LLC to provide hosting services for CLIENT website on the terms and conditions set forth in this Agreement.

NOW, THEREFORE, CLIENT and Stratus Concept LLC agree as follows:

  1. Services to be Provided.
    1. Website Hosting Services. Hosting through Flywheel, a WP Engine offering, for 1 website with the following estimated profile: 25,000 monthly visits, 10GB storage, 50GB bandwidth and includes: 
      1. SSL Certificate
      2. Content Delivery Network (CDN)
      3. 1 Staging site
      4. Managed caching and performance
      5. Managed security
      6. If needed, malware removal
      7. Direct access to Flywheel's expert WordPress support for both problems and tuning issues.
      8. Monthly update and verification of plugins
      9. Domain Name Registration
  2. Company Responsibilities
    1. Availability. Flywheel hosting infrastructure (powered by Google Cloud) offers a fully redundant environment with industry-leading security practices for a guaranteed uptime of 99.9%.
    2. Security. Flywheel is a SOC2 certified hosting provider.
  3. Client Responsibilities
    1. Client shall provide all materials comprising the website (the “Client Content”), Throughout the term of this Agreement, Client is solely responsible for all updates or modifications to the Client Content.
    2. Unless specified above, Client shall maintain the site's Domain Name registration.
  4. Ownership of Intellectual Property
    1. Client shall retain all right, title, and interest, including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights, in the Client Content. Client assumes sole responsibility for the accuracy of any Client Content or other materials provided.
    2. Company will exercise no control whatsoever over the content of the information passing through the network, email or web site.
    3. Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
  5. Pricing and Payment.  
    1. The fee for hosting is $19.95/month based on a 12 month commitment to service.
    2. The fee for the add-on Domain Name registration is $1.20/month based on a 12 month commitment to service.
    3. The fee for the add-on Plugin Update service is $15.00/month based on a 12 month commitment to service.
    4. Billing period
    5. Payment on invoices so provided shall be due within 30 days of the invoice date.
    6. Delinquent payments will be subject to a 10% finance fee compounded monthly or the maximum interest rate permitted by law, whichever is less.
    7. Add 4% if payment will be made by credit card.
      1. Desired Payment Method
  6. Term and Termination.  This Agreement shall commence as of the date first written above and shall continue for one year and will automatically renew for a 1 year period unless notice is given 60 days in advance of the renewal date.
  7. Services Warranty Disclaimer. STRATUS CONCEPT LLC WARRANTS THAT THE SERVICES WILL BE PERFORMED IN A PROFESSIONAL AND WORKMANLIKE MANNER. EXCEPT AS SET FORTH IN THIS SECTION 6, THE SERVICES ARE PROVIDED “AS IS” AND STRATUS CONCEPT LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  8. Limitation of Liability. In no event shall either party be liable to the other party for any indirect, punitive, incidental, special, or consequential damages, the delay or inability to use the services, loss of revenue or anticipated profits or lost business or lost sales or loss of data, whether based in contract, tort (including negligence), strict liability, or otherwise, even if a party has been advised of the possibility of damages. Except for a breach of confidentiality, misappropriation of intellectual property or clients obligation to pay for services rendered, in no event shall either party’s total liability under this agreement exceed the amount of fees for two months of services. The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
  9. Indemnification. Not withstanding anything to the contrary, CLIENT and Stratus Concept LLC agree to fully indemnify, defend and hold harmless the other party against any and all loss, liability, expenses and costs (including attorneys' fees, judgments, fines and amounts paid in settlement) actually and reasonably incurred by either party in connection with any threatened, pending, completed or future action suit or proceeding to which either party is, or is threatened to be, made a party arising from or related to Services that have been provided hereunder. The terms of this Section 6 are non-revocable and shall survive the termination of this Agreement.
  10. Force Majeure. Neither party shall be liable for, and is excused from, any failures to perform or for delay in the performance of its obligations under this Agreement due to causes beyond its reasonable control, including without limitation interruptions of power or communications services, acts of nature, governmental action, fire, flood, natural disaster, labor disputes, or personal issues previously discussed with Stratus Concept LLC.
  11. Governing Law. The laws of the State of Illinois, excluding its conflict of laws issues, shall in all respects govern this Agreement and performance hereunder. 
    1. Each Party agrees that service of process in any action or proceeding hereunder may be made upon such Party
      by certified mail, return receipt requested, to the address for notice set forth herein. Each Party irrevocably waives any objection it may have to the venue of any action, suit, or proceeding brought in such courts or to the convenience of the forum. Final judgment in any such action, suit, or proceeding will be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which will be conclusive evidence of the fact and the amount of any indebtedness or liability of either Party therein described.
    2. If any proceeding is brought in law or equity relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and reasonable costs in that proceeding, in addition to any other relief to which it is entitled.
    3. Addresses on record for the agreement:
      1. Stratus Concept, 540 Andrew Lane, Lake Zurich, Illinois 60047
      2. ,   ,   ,      
  12. Miscellaneous
    1. Entire Agreement. This Agreement (including the exhibits, schedules and other documents referred therein) constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement supersedes any and all prior agreements, oral or written, between the parties with respect to the subject matter hereof.
    2. Severability. If any provision of this Agreement is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected thereby. Without changing the commercial intent of the parties, such invalid or unenforceable provision shall be deemed modified to the extent necessary to render it valid and enforceable, and if no modification shall render it valid and enforceable, this Agreement shall be construed as if not containing such provision and the rights and obligations of the parties shall be construed and enforced accordingly.
    3. Amendment, Waiver, Modification or Termination. No amendment or modification of this Agreement shall be binding unless it is in writing and signed by both Stratus Concept LLC and CLIENT. Performance of work by Stratus Concept LLC and/or acceptance of payment by Stratus Concept LLC for work performed and/or work to be performed for CLIENT beyond the scope of this Agreement does not constitute acceptance by Stratus Concept LLC of any purported amendments or modifications nor shall they be binding.
    4. Assignment. This Agreement and the rights and obligations of the parties hereunder shall not be assignable by either party without prior written consent of the other party, which consent shall not be unreasonably withheld. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives.
    5. Survival. The promises and covenants contained in this Agreement which, by their terms, require their performance after the expiration or termination of this Agreement shall be enforceable notwithstanding the expiration or other termination of this Agreement.
    6. Client Contact Details:

IN WITNESS WHEREOF, CLIENT and Stratus Concept LLC have executed this Agreement as of the date set forth in the first paragraph.

Leave this empty:

Signature arrow

Signed by Peter Salerno
Signed On: May 7, 2021


Signature Certificate
Document name: Website Hosting Agreement
lock iconUnique Document ID: bb4504b74033d4615f8a0ae3611bf769fd5034b7
Timestamp Audit
April 28, 2021 4:03 pm CDTWebsite Hosting Agreement Uploaded by Peter Salerno - pete.salerno@stratusconcept.com IP 99.110.37.102, 127.0.0.1