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Master Service Agreement

Envision Web Hosting & Digital Services

Updated: July 22, 2026

This Master Service Agreement (“Agreement”) is entered into by and between Envision Web Hosting (“Company”, “we”, “us”, or “our”) and the entity or individual subscribing to or purchasing services (“Client”, “you”, or “your”). This Agreement governs all services provided by the Company to the Client.

1. Scope of Services & Core Framework

This Agreement serves as an overarching framework governing all services provided by the Company, including but not limited to web hosting, website development, maintenance, search engine optimization (SEO), digital marketing, and consulting. Specific deliverables, pricing, and project timelines may be detailed in separate Statements of Work (SOW) or invoices, all of which are explicitly bound by the terms of this Agreement.

  • 1.1 Scope of Hosting Maintenance & Exclusions: Standard web hosting maintenance includes routine, automated updates to standard WordPress plugins and themes. Specifically excluded from standard hosting maintenance are major software, database, and infrastructure updates—including, but not limited to, server PHP version upgrades, core CMS (WordPress) major version upgrades, database migrations, custom-coded plugin updates, and troubleshooting compatibility conflicts arising from any of the aforementioned updates. Any such excluded services, if requested by the Client or required for the security and functionality of the website, shall be treated as separate, billable development services at the Company’s standard hourly rate.

2. Fees, Billing, and Cross-Default Suspension

  • 2.1 Payment Terms: The Client agrees to pay all fees specified in invoices or service orders within the timeframe indicated therein. Unless otherwise specified, recurring hosting fees are billed in advance.
  • 2.2 Cross-Default & Multi-Service Linkage: The Client explicitly acknowledges that all services provided by the Company are tied to a single, unified Client account balance. A breach or default of payment terms on any separate agreement, project, or invoice provided by the Company (including but not limited to web design builds, digital marketing campaigns, SEO retainers, or consulting services) shall constitute a material breach and default under this web hosting agreement.

Implied Consent & Continued Use: The Client agrees that the most current version of this Master Service Agreement is published at www.Envision-Marketing.com/service-agreement. The Client’s continued use of any services, access of the hosting infrastructure, or payment of any subsequent invoice following the receipt of notice of updated terms shall constitute the Client’s irrevocable and automatic acceptance of this Agreement and any subsequent revisions thereto.

CRITICAL ACCOUNT PROVISION: Envision Web Hosting reserves the absolute right to suspend website hosting services, take down the Client’s website, or restrict access to data if the Client has any outstanding, unpaid balances on any invoice or service under the Company, regardless of whether the specific web hosting fees have been paid in full. The Company shall not be liable for any losses, disruptions, or business damage resulting from such suspensions.

3. Uptime, Performance, and Limitation of Liability

  • 3.1 Service Levels: The Company endeavors to maintain standard server uptime and availability. However, web hosting is inherently subject to interruptions, hardware failures, routing optimizations, malicious attacks, and routine maintenance scheduled outside of core business hours.
  • 3.2 Exclusion of Liability for Downtime: UNDER NO CIRCUMSTANCES SHALL ENVISION WEB HOSTING BE LIABLE TO THE CLIENT OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, OR COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH WEBSITE DOWNTIME, NETWORK INTERRUPTIONS, OR SERVICE OFFLINE PERIODS, REGARDLESS OF THE DURATION OF THE OUTAGE.
  • 3.3 Liability Cap: The total aggregate liability of the Company for any and all claims arising out of this Agreement, whether in contract, tort (including negligence), or otherwise, shall be strictly limited to the total amount actually paid by the Client to the Company for the specific hosting service during the single calendar month immediately preceding the event giving rise to liability.

4. Security, Malware, and Account Isolation

  • 4.1 Client Security Responsibility: The Client retains sole responsibility for maintaining the security of their website applications, including updating frontend content management systems (such as WordPress, Drupal, etc.), plugins, themes, and ensuring strong password hygiene for all user accounts and credentials.
  • 4.2 Malware Infection & Immediate Quarantine: If a Client’s website or hosting environment is found to be infected with malware, viruses, malicious scripts, or is actively participating in outbound spamming/phishing or Denial of Service (DoS) attacks, the Company reserves the right to immediately suspend, isolate, or terminate the hosting service without prior notice. This step is necessary to preserve the performance, security, and IP reputation of the shared server infrastructure. Services will only be restored once the Client provides certified proof of remediation at their own expense.

5. Intellectual Property, Content, and DMCA

  • 5.1 Content Warranty: The Client represents and warrants that they own, or possess all necessary lawful licenses and permissions for, all text, video, graphics, photographs, trademarks, and multimedia content provided to the Company or published on the hosted website.
  • 5.2 Indemnification for Infringement: The Client agrees to fully defend, indemnify, and hold harmless Envision Web Hosting, its officers, and employees against any and all claims, copyright notices, lawsuits, or penalties arising from unauthorized use of non-copyrighted or unlicensed content, images, or media hosted on the Client’s account.
  • 5.3 DMCA Compliance: The Company operates under the Digital Millennium Copyright Act (DMCA) safe harbor guidelines. Upon receipt of a valid, verifiable copyright infringement notice, the Company will remove or disable access to the allegedly infringing material immediately without liability to the Client.

6. Regulatory Compliance & Safe Environments

  • 6.1 ADA Compliance Disclaimer: The Company provides digital infrastructure and hosting environments. The Client assumes full and exclusive responsibility for ensuring that the website’s frontend code, design, navigation, and content comply with the Americans with Disabilities Act (ADA), Web Content Accessibility Guidelines (WCAG), and any corresponding state laws. The Company makes no warranties regarding accessibility and shall not be held liable for accessibility lawsuits brought against the Client.
  • 6.2 Data Privacy & GDPR: If the Client collects, stores, or processes data of individuals residing within the European Union, the Client is designated as the “Data Controller” under the General Data Protection Regulation (GDPR). The Client is exclusively responsible for establishing privacy policies, tracking mechanisms, and user consent prompts. The Company acts strictly as a “Data Processor” and provides standard server protections, but does not audit or guarantee legal compliance of the Client’s data practices.
  • 6.3 HIPAA & CIPA Restrictions: Unless explicitly agreed to in a separate, written Business Associate Agreement (BAA) signed by an authorized officer of the Company, our standard hosting environments are not configured to comply with HIPAA (Health Insurance Portability and Accountability Act) or CIPA (Children’s Internet Protection Act) standards. The Client is strictly prohibited from storing Protected Health Information (PHI) or utilizing services to provide unfiltered internet access to minors subject to CIPA. The Client assumes all liability for non-authorized regulatory data storage.

7. Backup Disclaimer & Data Responsibility

While the Company may perform automated system backups as part of its internal administrative routines, these are provided strictly as a matter of convenience and courtesy. Backups are not guaranteed. The Client maintains the absolute obligation to generate, verify, and maintain independent, off-site, and secure copies of all website files, databases, and assets. The Company assumes no liability for data loss or data corruption.

8. Term, Termination for Convenience, and Data Purge

Either party may terminate this Agreement or any recurring hosting service for convenience at any time by providing thirty (30) days’ written notice to the other party. Upon effective termination or suspension for non-payment, the Company reserves the right to permanently purge all data, files, and email boxes from its production servers after fourteen (14) days, without further obligation to retain or export the data.

9. Governing Law, Jurisdiction, and Dispute Resolution

  • 9.1 Governing Law: This Agreement, its interpretation, and any disputes or claims arising out of or relating to its subject matter (including non-contractual disputes) shall be governed exclusively by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law principles.
  • 9.2 Venue: Any legal action, suit, or proceeding arising out of or relating to this Agreement must be instituted exclusively in the state or federal courts located within the Commonwealth of Massachusetts. Each party irrevocably submits to the personal jurisdiction of such courts and waives any objection based on improper venue or forum non conveniens.

IN WITNESS WHEREOF, the parties hereto have executed this Master Service Agreement as of the date of subscription acceptance or signature below.

 

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