Generic Advertiser Website Rental Agreement by Megadox


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									                   GENERIC WEBSITE RENTAL AGREEMENT
THIS AGREEMENT made effective as of the _____ day of ______________, _______.


                               [NAME OF WEBSITE OWNER]
                                   (the “Site Owner”)

                                            - and -

                                  [NAME OF CUSTOMER]
                                     (the “Customer”)

The parties hereto agree as follows:

Wherever used in this Agreement, the following terms, words and expressions shall have the
following meanings:

       “Agreement” means this Generic Website Rental Agreement.

       “Domain Owner” means _________________________. [insert name of party that owns
       the domain]

       “Effective Date” means the _____ day of ______________, _______.

       “Expiry Date” means the date _____ months after the Effective Date.

       “Fees” means the annual rental fee and any other charges that Site Owner is entitled to
       charge Customer for the provision of Services hereunder.

       “Services” means:
       (a)     the annual rental of the advertising display space on the Website;
       (b)     Site Owner’s hosting of Customer’s advertisement(s);
       (c)     promotion of the Website to maximize consumer reach and brand exposure for the
               Customer’s advertisement(s);
       (d)     uploading any replacement advertisement to be displayed;

       (e)     any other Internet based service from time to time offered by Site Owner for
               which Customer has agreed to pay the requisite Fees and to be bound by this

       “Website” shall mean the generic website that Customer has agreed to rent on an annual

The following terms and conditions shall apply and be binding in respect of this Agreement for
the provision of Services and shall be amended or altered only by an instrument in writing signed
by both of the parties hereto.
2.1    Site Owner leases its sub-domain names from the Domain Owner under the terms and
conditions of licenses to use such sub-domains. This Agreement and Customer’s rights
hereunder are conditional and subject at all times to Customer’s compliance in full with the
terms, undertakings, restrictions and provisions of use imposed by the Domain Owner with
respect to such sub-domains, which terms, undertakings, restrictions and provisions of use are
deemed incorporated within these undertakings to the extent they are applicable to the Services
and are not in conflict with the same.
2.2     Site Owner has the absolute right in its sole discretion to introduce new Services at any
time or alter any existing Services, upon _________ days’ written notice to Customer.
2.3     In addition to, and without prejudice to or limitation on any other rights of termination or
service cancellation resting with Site Owner:
(a)    Upon the occurrence of any breach of this Agreement by Customer, this Agreement and
       all of Customer’s rights hereunder will automatically terminate.
(b)    In the case of any acts or defaults by Customer giving rise to any anticipatory breach, Site
       Owner shall have the right without prior notice or warning to immediately terminate the
2.4    On termination of the Agreement for whatever reason, Site Owner’s rights shall remain
generally reserved, including the right in respect of all antecedent acts and defaults by Customer
and the right to recover any and all Fees due and payable up to the date of termination.
2.5     Customer agrees and undertakes, at all times throughout the continuance of this
Agreement, to observe and perform its obligations hereunder and to fully and effectively
indemnify and render Site Owner harmless from all loss, damages, claims and expense caused
directly or indirectly by any failure on Customer’s part to perform its obligations.
2.6    Customer agrees to pay all Fees due under the Agreement to Site Owner within _____
days of receipt of the invoice for such Fees. Payment in full of any invoice for Fees shall be a
pre-condition of any obligation on the part of Site Owner for the continued provision of Services
under the Agreement.

2.7    Customer’s failure to pay any sum due to Site Owner on or before the prescribed time for
payment will result in immediate suspension of all Services. Reinstatement of Services (or the
negotiation and grant of any new Agreement by Site Owner) shall be entirely at the discretion of
Site Owner and shall only be negotiated after payment in full has been received by Site Owner.
2.8      Customer shall be responsible and singularly liable for all information, material and
content (“Web Content”) published and appearing directly or indirectly at, through or via the
Website no matter by what means or by whoever or wherever such information, material and
content is created, generated and published. Site Owner will bear no responsibility or liability for
the Web Content, and Customer shall fully indemnify and hold Site Owner for the same. Without
limitation on the foregoing, Customer will at all times ensure and guarantee to Site Owner and
all visitors accessing the Website, that all Web Content:
(a)    Remains at all times relevant to the Website where it is displayed;
(b)    Is true and correct in every aspect and is not expressly or by implication misleading or
(c)    Is not offensive to public interest or morals (whether or not at law it falls within the
       boundaries of acceptable content);
(d)    Is not defamatory;
(e)    Complies with all relevant common law, enactments, statutory rules and regulations;
(f)    Meets any standards, guidelines and measures of acceptable Web Content as may from
       time to time be determined and adopted by Site Owner in its absolute discretion.

IT BEING AGREED AND UNDERSTOOD that in the event of Site Owner becoming or being
made aware of any default or failure of Customer to abide by the foregoing, Site Owner may
without notice or recourse by Customer, and at Site Owner’s absolute discretion, immediately
remove, withdraw or delete the Web Content (or such part as offends these provisions) (“the
Offending Content”) and suspend or remove access to the Web Site and/or the offending Web
Content for so long as it sees fit and until such time as Customer has withdrawn, amended or
revised the offending Web Content to the entire satisfaction of Site Owner such that the Web
Content and all elements of the same are and remain in compliance with the provisions of this

Should Customer not promptly and effectively act in the removal, correction or replacement of
the offending Web Content , then and upon written notice to that effect served on Customer, Site
Owner shall have the right to immediately terminate the Agreement and cancel all Services.
2.9     Upon any of the events, acts or defaults prescribed above, Site Owner shall have the right
in its absolute discretion to charge Customer a fair and reasonable fee to meet its costs i
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