Username:
  
  Password:
  
  

WEB HOSTING AND SYSTEM ADMINISTRATION SERVICES AGREEMENT



THIS WEB HOSTING AND SYSTEM ADMINISTRATION SERVICE AGREEMENT (this “Agreement”) is made, entered into and effective as of September 1, 2007 (the “Effective Date”).

 

 

BY AND BETWEEN:

 

Portlogic Systems Inc. , a company duly incorporated under the laws of the State of Nevada (the "Company")


AND :

 

Euroweb Technológie s.r.o. , a company duly incorporated under the laws of the Slovak Republic (the "Service Provider")



NOW THEREFORE IN CONSIDERATION of the mutual covenants and agreements hereinafter contained and for other good and valuable consideration (the receipt and sufficiency of which is acknowledged by each party), the parties agree as follows:

 


ARTICLE 1: SERVICES, FEES AND PAYMENT

 

1.1. The Company engages the Service Provider as an independent contractor to provide services described in Schedule ‘A’ (the “Services”) attached hereto for 6 months beginning September 1, 2007 (the “Service Start Date”), and the Service Provider agrees to perform such Services.


1.2. In consideration of the full performance of the Services, the Company shall pay the Service Provider the fees set out in Schedule ‘A’ (the “Fees”), plus any applicable taxes on the Fees, according to the following schedule:


a) The Company shall pay the Service Provider a cash deposit of US$10,000 for advance payment of Fees prior to the Service Start Date; and


b) Any outstanding Fees shall be paid within 30 days after the Service Provider has provided the Company with an invoice setting out the Services performed and Fees payable for those Services.



ARTICLE 2: TERM AND TERMINATION

 

2.1. The term of this Agreement shall commence on the Effective Date and, unless otherwise



Page 1 of 8


terminated pursuant to Article 2.2, shall terminate upon the earlier of the following occurring (the “Term”):


(a) 6 months following the Service Start Date, except if either party provides written notice of renewal prior to termination in which case the Term shall be extended for 12 months (an “Additional Term”) and the Agreement shall be otherwise renewed on the same terms and conditions; or


(b) 30 days following advance written notice of termination provided by one party to the other party.


2.2. Notwithstanding any other provision of this Agreement, if:

 

(a) either party breaches or fails to comply with any provision of this Agreement; or

 

(b) any representation or warranty made by either party in this Agreement is untrue or incorrect; or

  

then, and in addition, to any other remedy or remedies available to the non-breaching party, the non-breaching party may, at its sole discretion and option, terminate this Agreement immediately upon written notice of termination to the breaching party, and if such option is exercised, the non-breaching will not be under any further obligation to the breaching party except that the Company shall be required to pay to the Service Provider such fees and expenses as the Service Provider may be entitled to receive for Services provided to the date this Agreement is so terminated.


2.3. Notwithstanding any other provisions of this Agreement, the provisions of Articles 4, 5, and 6 of this Agreement and all obligations of each party that have accrued before the effective date of termination of this Agreement that are of a continuing nature will survive termination or expiration of this Agreement.



ARTICLE 3: INDEPENDENT CONTRACTOR

 

3.1. The Service Provider will be an independent contractor and not the servant, employee or agent of the Company, it being recognized, however, that to the extent the provisions of this Agreement result in the creation of an agency relationship to allow the Service Provider to perform certain of the Services on behalf of the Company, then the Service Provider will, in that context, be the agent of the Company, as the case may be.

 

3.2. The Company may, from time to time, give such instructions to the Service Provider as it considers necessary in connection with the nature of the Services that the Service Provider is required to provide, which instructions the Service Provider will follow, but the Service Provider will not be subject to the control of the Company in respect to the manner in which such



Page 2 of 8


instructions are carried out.


3.3. Subject to compliance with the provisions of this Agreement, the Service Provider may, at any time or times during the Term, carry on the business of providing services to the general public either alone or in association or partnership with another or others, so long as such provision of services does


This is only a partial view of this document. We have millions of legal documents and clauses drafted by top law firms. learn more search for free browse for free learn more