Dedicated Server Hosting Agreement

Effective January 1, 2023

Sage Island will provide a secure and reliable location for hosting and all of the administration of the associated server including configuring, monitoring and maintaining server hardware, routing equipment, network connectivity, security and backup.

Base Managed Server Hosting Services included in this agreement:

  • Network architecture and server configuration
  • IP addressing (1 IP address is allotted per server)
  • Daily managed, 7-day retention backups (all sites and databases)
  • OS management
  • 1 dedicated highly scalable leased server based in U.S.
  • Standard and routine CMS updates
  • Bandwidth usage included: 8GB per server
  • Website file sizes included: 100GB per server

Additional fees not included in this agreement (if required, applied, or requested):

  • Email hosting
  • Website hosting and transfers
  • DNS hosting and renewals
  • Domain registrations, renewals and transfers
  • Additional file storage
  • New server setup
  • IT support

This Agreement (“Agreement”) is made between End Two End, LLC (doing business as Sage Island) a North Carolina corporation with its primary place of business at 2002 Eastwood Rd Suite 306, Wilmington North Carolina 28403 (“Company”) and Company Name Here (“Client”). Described herein includes the terms and conditions upon which Company, and/or its subsidiaries and affiliates, will provide to Client, server hosting services.

The terms of this Agreement will be a period of one year unless terminated sooner in accordance with this Agreement, commencing on the signed Effective Date, and shall automatically renew on an annual basis thereafter with a 30-day notice of cancellation. Either party, Sage Island or herein the “Client” will have the right to terminate this Agreement for material breach of a material obligation that is not cured within thirty (30) days after written notice of such agreement.

The above considerations are dependent on the following stipulations:

  1. Standard server maintenance service, including server configuration, IP addressing, DNS management (If requested) and OS management will be provided. All additional work requested outside of standard maintenance will be billed at Sage Island’s current hourly rates. No work will be completed without the written approval by the client. Additional work includes, but not limited to website transfers, 3rd party plug-in updates, website programming, general IT services, and email services.
  2. The Company is not responsible for damage or loss to the Client’s data. Additionally, the Company is not responsible for website service interruptions resulting from 3rd party plug-in updates or any standard CMS updates including those performed by the Company. This service is provided on an “as is, as available” basis. The Company gives no warranty, expressed or implied, for the Web Hosting Service provided, including, without limitation, warranty of the viability of Internet services for an particular purpose. This denial of warranty expressly includes any reimbursement for losses of income due to disruption of services or loss of data by the Company or its providers. The Client agrees to hold the Company harmless from any claim, including attorney fees, resulting from Client’s or third party’s use of email services, loss of email, online data, website data or any data being hosted on a Company server. Notwithstanding the above, Client’s remedy for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate preceding annual dollar amount which Client has paid during the term of this Agreement.
  3. The Company will make all reasonable efforts to back-up Client’s data on a daily basis. FTP access to said backups will be provided by the Sage Island upon request. Client is responsible for archiving provided backups beyond the most recent version. The Company is not responsible for damage or loss to Client’s data. The Company is not responsible for any malware attacks and will not negotiate with ransomware requests under any circumstance.
  4. Unless requested, client will be responsible for all domain name purchases, renewals and security certificates that are required by the Client’s Site.
  5. The Company shall provide Internet Protocol (IP) addresses as the registrant and re-assign IP address spaces through the American Registry for Internet Numbers (any additional IP addresses will be subject to reasonable availability) for the benefit of Client during the Term. Client understands and agrees that it shall have no ownership interest in any IP address that Company obtains on Client’s behalf and that the Company shall retain ownership of all such IP addresses. 1 IP address will be provided for each server.
  6. Use of any information obtained by way of Company is at Client’s own risk, and the Company denies any an all responsibility for the accuracy or quality of information obtained through its services.
  7. Client warrants that it has the right to use their applicable trademarks, and grants the Company the right to use such trademarks in connection with Company’s promotion of, cataloging of, referencing of, or indexing of Company’s Clients. Client warrants that: (1) it will use the Services and the Website in a manner consistent with any and all applicable laws and regulations; (2) it owns or has sufficient rights to use and to authorize Company to use the Client Work, if applicable, incorporated in the Website; (3) to the best of its knowledge the Client Work, if applicable, does not infringe the intellectual property rights of any third party; and (4) it will comply with the terms of any third party software licenses. Client agrees to indemnify and hold the Company harmless from any and all third party claims, damages, losses and liability, including reasonable attorneys’ fees and expenses, arising from or relating to Client’s use of the Server/Website and any products or services offered by means of the Server/Website and/or any breach by Client of the terms or the Client’s warranties contained in this Agreement.
  8. The Company shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from client or Client’s use of Web Hosting services. Client agrees to take full responsibility for all taxes and fees of any nature associated with products sold. b. If any Municipality branch of the United States imposes any form of taxes on access to the Internet, Client agrees to pay those taxes in addition to the regular charges on the Client’s Hosting Account. Sage Island reserves the right to change its rates and policies as required. Notice of such changes will post to Sage IslandIsland.com only, and continued usage of services will constitute your acceptance of the terms and policies that make up this Contract.
  9. Price schedule as outline in Scope of Work, is subject to a monthly review. Any adjustments or price changes will be communicated in writing. Monthly review will include at minimum bandwidth usage and server file size assessment.
  10. In the event Client cancels service, Client will be required to pay up to the end of the term, 50% of the Current Monthly Service Fees outstanding in the term or 3 months of service, whichever is greater. Sage Island will only provide FTP access for transfer of information. Client will be responsible for moving Sites and data. Sage Island will support transfer at a standard per hour rate at the discretion of the Company and approved in writing by the Client. Sage Island will have the right to terminate this Agreement for convenience upon thirty (30) days advance written notice to Client. A minimum 30 day written notice of cancellation is required by Client to Company. The Company will not transfer server hosting services and will not allow FTP access to servers until account has been paid in full, including but not limited to termination fees, transfer fees and current server hosting services.
  11. Client agrees to pay all invoices for the Hosting Services in full within 30 days after date of invoice. Company shall be entitled to withhold performance and discontinue all services until all amounts due are paid in full. If payment is returned to Sage Island unpaid, Client is immediately in default and subject to a returned check charge of $50.00. Accounts in default are subject to service interruption without notice. Accounts in default are subject to an interest charge at the current maximum rate permitted by law, on the outstanding balance. The Client agrees to pay the Company its reasonable expenses, including reasonable attorney and collection agency fees, incurred in enforcing its rights under this Agreement.
  12. This contract constitutes the sole agreement between Company and Client regarding Website Hosting Services. This agreement and updates to this agreement will be communicated via email and can be reviewed at any time on our website at sageisland/serviceagreements.com. This Agreement will be governed by and construed in accordance with the substantive laws of the State of North Carolina and the United States. The Client agrees that the terms of this agreement and all future revisions will go into effect 30 days following communication and payment of invoice constitutes a binding agreement. The Company reserves the right to change, with 30 days prior notice to the client, terms and conditions in this service agreement.

Sage Island sends invoices on a 30-day billing/payment cycle (via email). Server Hosting Services will be per month for one 100GB dedicated server. If it is determined that additional work beyond the deliverables outlined in this proposal is needed or requested, you’ll be contacted to review and approve (no billable work will be performed without your written approval). Additional work will be billed on a time-and-material basis.

Regular hourly rates for managed services, website design, programming, digital marketing services, graphic design, and copy writing services will be provided at a discounted rate. The pricing outlined in this agreement is valid for 10 days.