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Access to and use of our website at LankaHostMaster.lk (the “Website”), either as a guest or a registered user, is subject to these Terms of Use. In these Terms of Use, “we”, “us” and “our” means SACIT (PRIVATE) LIMITED, who operates this Website.
By accessing the above domain name, you will be guided to the Website. These Terms of Use apply to all use of the Website, regardless of which of the above domain names you use to gain access to the Website.
Use of the Website includes, but is not limited to, accessing, browsing, or registering to use the Website.
If you use any part of the Website, that use is considered your acceptance of these Terms of Use. That acceptance applies from the date on which you first access the Website. You should stop using the Website straight away if you do not agree with these Terms of Use.
Before entering the Website, you should read these Terms of Use carefully, but also the Privacy and Cookies Policy. Before signing up for the services that we provide through the Website, you should read our Terms and Conditions.
You shall not use the Website for, or send to the Website, anything which, in any way:
5.1. is not in our best interests;
5.2. involves your use of any viruses, Trojans, worms, logic bombs, or other material which is malicious or technologically harmful or is intended to damage or interfere with the Website or any other system or information;
5.3. is infringing on any intellectual property rights or rights of privacy or confidentiality of us or any third party;
5.4. is fraudulent, criminal, or not lawful, or which is in breach of any applicable law, statute, regulation, or bye-law;
5.5. is misrepresentative or impersonates another person or organization;
5.6. is defamatory, racist, sexist, defamatory, discriminatory, offensive, threatening, hateful, pornographic, indecent, obscene, malicious, abusive, political or untrue, or selling of prohibited materials i.e., drugs, weapons, fraudulent documents, or counterfeit money;
5.7. is not accurate or outdated; or
5.8. is contrary to these Terms of Use or the Privacy and Cookies Policy
If you submit or send to the Website any information or material, that information or material shall be considered non-confidential and non-proprietary. You hereby grant to us a worldwide, royalty-free, irrevocable, assignable, sub-licensable license to use that information or material for the purposes of the Website or our general business purposes. You hereby waive your moral rights in respect of such information or material, such that we do not need to identify you as the author of that information or material and we may amend or modify it as we consider, in our absolute discretion, to be appropriate.
We have the right to disclose your identity to any third party that claims that any content posted or submitted by you in relation to the Website infringes their intellectual property rights or their right to privacy or confidentiality.
You shall comply at all times with our instructions for use of the Website.
You shall fully and promptly indemnify us against all damages, claims, demands, losses, proceedings, liabilities, charges, costs, and expenses suffered or incurred by us due (directly or indirectly) to your failure to comply within any provision of these Terms of Use.
The Website is made available free of charge.
The content on the Website (including, but not limited to, the content of the Announcement, Blogs, Knowledge Base, and Service Status sections of the Website) is provided for general information only and is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.
From time to time, we may carry out maintenance or repairs to the Website, or update the Website with new functionality.
We will use our reasonable endeavors to make the Website available 24 hours a day. Subject to paragraph 19 below, we shall not have any liability if the Website is unavailable for any period or at any time.
Due to the nature of the Internet, we cannot guarantee that the Website will always be available or that your access to the Website will be uninterrupted, timely, or error-free. We do not guarantee that the Website will be secure or free from bugs or viruses.
We may suspend or withdraw from any user access to the Website for any reason, temporarily or permanently, at any time without notice, and you shall not circumvent, or attempt to circumvent, any such action.
We may impose restrictions for any reason on access to the Website at any time without notice, and you shall not circumvent, or attempt to circumvent, any such action.
It is your responsibility to ensure that any hardware, software, or any equipment that you use is compatible with the Website, and, subject to paragraph 19 below, we shall not have any liability for any damage caused to, or viruses or other information which may affect, any such hardware, software or equipment due to your access to the Website. You should use your virus protection software.
Subject to paragraph 19 below, we shall not have any liability for the actions of third parties.
We accept liability for:
19.1. death or personal injury caused by our negligence;
19.2. our fraudulent misrepresentation; and
19.3. any other liability that we cannot exclude or limit at law.
Subject to paragraph 19 above, and to the extent permitted by law, in all cases other than in respect of services we provide to a specific client (which shall be governed by separate contractual terms of engagement):
20.1. our maximum liability (whether in tort, contract, misrepresentation, negligence, restitution, or under any other legal head of liability) in relation to your use of or inability to use, or delay in the use of, or reliance on any content on, the Website or any material in it or accessible from it or from any action or decision taken as a result of using the Website or any such material
20.2. we shall not have any liability (whether in tort, contract, misrepresentation, negligence, restitution, or under any other legal head of liability):
20.2.1. in relation to your use or inability to use of, or delay in use of, or reliance on any content displayed on, the Website or any material in it or accessible from it; or
20.2.2. arising from any action or decision taken as a result of using the Website or any such material;
for any: (i) indirect or consequential losses, damages, costs, or expenses; (ii) loss of actual or anticipated profits; (iii) loss of contracts; (iv) loss of use of money; (v) loss of anticipated savings; (vi) loss of revenue; (vii) loss of goodwill; (viii) loss of reputation; (ix) loss of business; (x) ex gratia payments; (xi) loss of operation time; (xii) loss of opportunity; (xiii) loss caused by the diminution in value of any asset; or (xiv) loss of, damage to, or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of such losses being incurred. For the avoidance of doubt, (ii) to (xiv) (inclusive) of this paragraph 20.2 apply whether such losses are direct, indirect, consequential, or otherwise.
To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to the Website or any content on it, whether express or implied.
We are the owner or licensee of all intellectual property rights in the Website and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
All names, logos and related names, design marks, and slogans used by us are trademarks or service marks of us or our licensees.
Unless otherwise stated, the copyright, database rights, and any other rights (including, but not limited to, intellectual property rights) in all information, data, text, photographs, images, graphics, and materials (together “Materials”) on the Website, and the design, layout, “look and feel” and appearance of the Website is owned by us or licensed to us by third parties. You are permitted to use and download Materials or extracts from the Website to a local hard disk and print copies, subject to all of the following:
24.1. your use of the Website and any Materials is for your internal, personal, and private use only;
24.2. except to the extent provided by law, you must not use, copy, reproduce, republish, post, broadcast, or transmit any part of the Website or any Materials for any other purpose without our express prior written consent. This includes (but is not limited to) not reproducing or storing any part of the Website or any Materials in any other website or any public or private electronic retrieval system or service;
24.3. you must not modify the paper or digital copies of any materials you have printed off or downloaded from the Website in any way, and you must not use any illustrations, photographs, videos or audio sequences, or any graphics separately from any accompanying text;
24.4. except as we expressly permit, you must not in any way modify any Materials on the Website;
24.5. our copyright notice (e.g. © LankaHostMaster Web Solutions) or, where indicated, the notice of our licensors, must appear in all electronic or hard copies of any Materials or extracts from the Website;
24.6. when you lawfully or with our consent copy, reproduce, republish, post, broadcast, transmit, print, or quote from any of the Website or any Materials, you must do so fairly and give due accreditation to us, our suppliers, and the Website. You shall also do so in accordance with any restrictions which we stipulate on the Website;
24.7. if you print off, copy or download any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made; and
24.8. any rights not expressly granted in these Terms of Use or otherwise by us are reserved.
You may need to use a username and password to access restricted sections of the Website. To register for such access, you may need to provide us with your name, email address, phone number, and your chosen username and password; please see our Privacy and Cookies Policy for more details about this.
When you choose a username, password, or any other information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
You should not choose a password which can be guessed easily.
If you think you may have lost your password or allowed a third party to see it, you must let us know straight away.
You shall be responsible for all use of the Website made under your login details.
We may require that you change your password from time to time.
We may disable any login details at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms of Use.
We have no control over the content of any website to which a link from the Website exists (unless we are the provider or operator of those linked websites). Subject to paragraph 19 above, we shall have no liability for the content of those linked websites. Those websites are provided “as is” with no express or implied warranty for their content. By providing a link to those websites, we do not provide any endorsement or recommendation of those websites, their content, or their operators or owners.
Unless we provide our written consent for you to do so, you shall not frame the Website onto your own or another person’s website.
We hereby grant you a royalty-free, non-exclusive, revocable license to provide a link from your website to the homepage of the Website; however, you must do so legally and fairly without damaging our reputation or taking advantage of it, and:
34.1. you shall not establish a link to the Website on any website that is not owned by you;
34.2. you shall not say anything false, misleading, derogatory, or offensive about us or our services;
34.3. you shall not make any warranties or representation about us or our services without our prior written consent;
34.4. you shall not say or suggest that we have endorsed your website or are associated with it without our prior written consent; and
34.5. you may not charge any fee to any third party in order to use such link or to otherwise access the Website and if you act in breach of this paragraph
34.5, you agree that any such fee that you have received shall become immediately payable by you back to a such third party.
We reserve the right to withdraw this linking permission without notice.
We may change or update the Website and its content at any time without notice to you. However, please note that any content on the Website may be out of date at any given time, and we are not under any obligation to update that content.
We may change these Terms of Use at any time without notice to you. If we do change these Terms of Use, we will post the updated Terms of Use on the Website. It is your responsibility to check the Website from time to time to see if there have been any changes to these Terms of Use. Once any updated Terms of Use are posted on the Website, your continued use of the Website will be considered to be your acceptance of those updated Terms of Use.
If any provision of these Terms of Use shall be determined to be illegal, invalid, or otherwise unenforceable by reason of the laws of any jurisdiction, then, to the extent that provision is illegal, invalid, or otherwise unenforceable, it shall be severed and deleted, and the remaining provisions of these Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.
These Terms of Use and your use of the Website (including, but not limited to, all non-contractual arising out of or in connection with them or it) shall be governed by and construed by English law. Any dispute or claim arising out of or in connection with these Terms of Use and your use of the Website shall be subject to the exclusive jurisdiction of the English courts, except where, by law, such dispute or claim must be brought in the jurisdiction in which you are domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction.
Shared / Reseller / WordPress / Application Hosting:
Shared and reseller hosting accounts will be activated instantly on receipt of payment. Once paid, our systems will automatically provision your account and will notify you of any relevant setup/information.
Due to our fraud prevention systems – any order may be placed in a ‘Pending’ state awaiting confirmation/acceptance by management. This may cause delays and will prevent the automatic creation of the shared hosting accounts mentioned above.
Cloud / VPS / Dedicated and Other:
Services apart from those on our shared hosting environments will be provisioned manually within 48 hours following receipt of the first payment.
This Privacy and Cookies Policy (together with our Terms and Conditions and any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read this Privacy and Cookies Policy carefully to understand our views and practices regarding your personal data and how we will treat it.
We will only use your personal data in the manner set out in this Privacy and Cookies Policy. We will only use your personal data in a way that is fair to you. We will only collect personal data where it is necessary for us to do so and where it is relevant to our dealings with you. We will only keep your personal data for as long as it is relevant to the purpose for which it was collected or for as long as we are required to keep it by law.
We may collect and process the following data about you:
Your title, name, date of birth, address, email address, numbers, username, password, business name (if applicable), and such other contact details as we require. This includes information provided at the time of registering to use the Website.
Information that you provide by filling in forms on the Website. This includes information provided at the time of subscribing to our services or requesting further services. We may also ask you for information when you report a problem with the Website.
If you contact us, we may keep a record of that correspondence.
You should only submit to us or the Website information which is accurate and not misleading. You should keep that information up-to-date and let us know if any of that information changes by emailing us at [email protected] By submitting your or anyone else’s data to us or the Website, you must ensure that you have full authority and consent to supply us with that data on their behalf and you warrant to us that you have that authority.
We may collect information about your computer, including where available your IP address, operating system, and browser type, for system administration. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
The Website uses cookies. Cookies are small text files that identify your computer to our server as a unique user when you visit certain pages on the Website and they are stored by your Internet browser on your computer’s hard drive. Cookies can be used to recognize your Internet Protocol address, saving you time while you are on the Website.
We only use cookies for your convenience in using the Website and not for obtaining or using any other information about you (for example targeted advertising). Your browser can be set to not accept cookies, but this would restrict your use of the Website.
If you want to find out more information about cookies, go to https://www.allaboutcookies.org or to find out about removing them from your browser, go to https://www.allaboutcookies.org/manage-cookies/index.html.
Please note that we collect data from the Website about the use of the Website using a web analysis tool that uses cookies that are (able to be) used to generate pseudonyms for a user’s profile. This means that using cookies (which may be stored on your computer after you leave the Website) can store information about your visit.
Please also note that our suppliers and partners may also use cookies, over which we have no control.
All information you provide to us is stored on our secure servers. We use industry-standard security and firewalls on our servers. Where we have given you (or where you have chosen) a password that enables you to access certain parts of the Website, you are responsible for keeping that password confidential. We ask you not to share a password with anyone.
We maintain physical, electronic, and procedural safeguards in connection with the collection, storage, and disclosure of your information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
When you make any payment to us through the Website, you must make that payment to us using PayPal or a Credit/Debit Card. We do not collect any payment information from you. When submitting your payment information to PayPal or a credit/Debit card, please note that PayPal and Bank Credit/Debit cards each have their own privacy policies and that we do not accept any responsibility or liability for those privacy policies.
Your card details are not stored on our own servers, but remotely with our payment gateway for your security. Recurring use of cards is permitted using ‘tokenization’.
We do not store credit card details nor do we share customer financial details with any 3rd parties.
We use information held about you in the following ways:
Other than as set out in this Privacy and Cookies Policy, we shall NOT sell or disclose your personal data to third parties without obtaining your prior consent unless this is necessary for the purposes set out in this Privacy and Cookies Policy or unless we are required to do so by law.
The Website may, from time to time, contain links to and from the websites of our partner networks and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
By submitting data to us and using the Website, you consent to our use of your data and of anyone you represent in the manner set out in this Privacy and Cookies Policy (as amended from time to time, as described below) and you are responsible for ensuring that you have authority to consent on behalf of anyone about whom you submit data to us.
Please note that you can revoke any consent you have given us under this policy at any time by contacting us at [email protected] and referencing this Privacy and Cookies Policy in the email subject line, using the body of the email to say what consent you are revoking.
Any changes we may make to this Privacy and Cookies Policy in the future will be posted on the Website and, where appropriate, notified to you by e-mail. Each time you enter the Website, you agree that the Privacy and Cookies Policy current at that time shall apply to all information held by you.
LankaHostMaster utilizes Fraud Record to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to Fraud Record for misbehavior using non-identifiable anonymous information.
We use it for identity document verification. collects identity document images, facial images, ID numbers, and addresses as well as advanced fraud signals and information about the devices that connect to its services. shares this information with us and also uses this information to operate and improve the services it provides, including fraud detection.
Questions, comments, and requests regarding this Privacy and Cookies Policy are welcomed and should be addressed to [email protected]
Please read these General Terms (and any relevant Schedules, as defined below) carefully as they contain important information about your rights and obligations. We recommend that you keep a copy of these General Terms (and any relevant Schedules) and that you print out these General Terms (and any relevant Schedules) from the Website (as defined below) by clicking on the “Print” icon on your browser so that you can keep them for future reference.
1.1 About us: “We”, “us” or “our” means LankaHostMaster Web Solutions, a sole trading entity in Sri Lanka.
1.2 These General Terms: These General Terms govern your submission of an order to us for our provision of services to you through the lankahostmaster.lk website (the “Website”), and your registration for an account on the Website by which you will be able to administer those services that you receive. By submitting your details to us for registration for an account on the Website, you agree to be legally bound by these General Terms and the relevant Schedules (as defined below).
1.3 The Schedules: Specific terms for our provision of particular services to you are set out here, in the form of Schedules (as defined below). If you submit an order for specific services, you agree to be legally bound by the relevant Schedules (as defined below) as well as these General Terms.
1.4 Changes to the Terms and Conditions: We reserve the right to amend the Terms and Conditions (as defined below) at any time. All amendments to the Terms and Conditions will be posted on the Website and emailed to you. If you do not like the changes we make, you can terminate this Agreement – please see Clause 13.2.1 for more information. Continued use of the Services will, however, be deemed to constitute acceptance of the new Terms and Conditions. No other terms or changes to the Terms and Conditions will be binding unless agreed in writing and signed by us.
1.5 Definitions and interpretation: In this Agreement:
1.5.1 the following terms shall have the following meanings:
has the meaning given to it in Clause 4.1;
the legal and binding agreement that is in place, based on these General Terms and the relevant Schedule(s), for us to provide certain services to you once you have submitted to us an Order and we have issued to you an Order Acceptance. If you make more than one Order, each Order shall, if subject to an Order Acceptance, constitute a separate “Agreement”;
the breach of any: (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);
you are a business customer if you enter into the Agreement and you are not a Consumer;
any day other than a day when the clearing banks in the Sri Lanka are not physically open for business;
9.00 am to 5.00 pm on Business Days;
any information in any form or medium obtained by or on behalf of either Party from or on behalf of the other Party in relation to this Agreement which is expressly marked as confidential or which a reasonable person would consider to be confidential, whether disclosed or obtained before, on or after the date of this Agreement, together with any reproductions of such information or any part of it;
you are a consumer if, in entering into this Agreement, you are an individual acting for purposes that are wholly or mainly outside of your trade, business, craft, or profession;
the fees payable by you to us for our provision to you of the Services as set out in each Schedule for each relevant Service, and otherwise on the Website at the time that you submit your Order to us and confirmed in the Order Acceptance;
copyright and related rights, trademarks and service marks, trade names, and domain names, rights under licenses, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, patents, rights to inventions, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
liability in or for breach of contract, Breach of Duty, torts (including negligence and intentional torts), deliberate breach (including deliberate personal repudiatory breach), misrepresentation, restitution, or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement (and, for the purposes of this definition, all references to “this Agreement” shall be deemed to include any collateral contract);
material that you upload (or permit to be uploaded) onto our servers as part of our provision of the Services, including any materials, works of authorship, software, files, multimedia and audiovisual material, tools, processes, systems, manuals, databases, database structures, a website’s “look and feel”, content, documents, records, reports, ideas, know-how, information, text, data, diagrams, artwork, screenshots, drawings, plans, descriptions, specifications, images, graphics, domain names and marks (in whatever form and on whatever media);
the order submitted by you through the Website for the receipt of certain services from us;
our written communication to you in which we accept your Order in accordance with Clause 5.8;
our acknowledgment of your Order;
either us or you, and “Parties” shall mean both of us and you;
a schedule containing a specific description of particular Services to be provided by us to you;
the services and online products that we provide to you under this Agreement, some of which may be more particularly described in the relevant Schedule(s);
has the meaning given to it in Clause 8.1;
these General Terms and the Schedules; and
our customer who registered for an account on the Website to submit an order to us for the receipt of services from us;
1.5.2 references to “Clauses” are to clauses of these General Terms;
1.5.3 references to “Paragraphs” are to paragraphs in a Schedule;
1.5.4 the headings are inserted for convenience only and shall not affect the interpretation or construction of these General Terms or any Schedule;
1.5.5 words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include the other gender and the neutral, and references to persons shall include an individual, company, corporation, firm, or partnership;
1.5.6 reference to “written” or in “writing” includes the electronic form;
1.5.7 references to “includes”, “including”, “in particular” or “for example” or like words shall be deemed to be followed by the words “without limitation”; and
1.5.8 references to any statute or statutory provision shall include any subordinate legislation made under it, any provision which it has modified or re-enacted (whether with or without modification), and any provision which subsequently supersedes it or re-enacts it (whether with or without modification).
By registering for an Account and submitting an Order, you warrant that you are at least 18 years of age.
3.1 Application of these General Terms: These General Terms shall apply to all Orders and all Agreements. When you submit an Order to us, this shall always constitute your unqualified acceptance of these General Terms and the relevant Schedules. If you are a Consumer, nothing in this Agreement affects your statutory rights.
3.2 Any other terms: This Agreement shall prevail over any separate terms put forward by you. Any conditions that you submit, propose, or stipulate in whatever form and at whatever time, whether in writing or orally, are expressly waived and excluded.
3.3 Entire Agreement (if you are a Business Customer): If you are a Business Customer, these General Terms, the Order Acceptance, the relevant Schedules, our Privacy and Cookies Policy and Terms of Use constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise, or representation made or given by or on behalf of us which is not set out in these General Terms, the Order, the relevant Schedules, our Privacy and Cookies Policy, and Terms of Use.
3.4 Authority (if you are a Business Customer): You confirm that you have the authority to bind any business on whose behalf you use the Website to submit an Order.
3.5 Conflict: In the event of any conflict between the provisions of these General Terms and the provisions of the Schedules and the Order Acceptance, then the following order of precedence shall apply:
3.5.1 the Order Acceptance prevails over
3.5.2 these General Terms, which prevail over
3.5.3 the Schedules.
4.1 Need for an Account: If you would like to place an Order through the Website, you will need to register for an account on the Website which you will be able to access through the “My Account” part of the Website, and by which you will be able to change the details that we hold about you and administrate the Services that we provide to you (“Account”). You may browse the Website without registering for an Account, but to submit an Order, you must register for an Account.
4.2 If you have an Account: If you already have an Account, you can log in to your Account to submit an Order.
4.3 If you do not have an Account: If you do not have an Account, to submit an Order you will need to register for an Account. To register, you need to supply us with your name, address, email address, password, and possibly some other personal information. See our Privacy and Cookies Policy for more details about this. You can provide us with that information by filling in the necessary information on the Website manually where indicated and then following the instructions on the Website.
4.4 Registering for an Account: Once you register for an Account, you will be asked to create a username and password for your Account. You may change this password by accessing your Account and following the instructions. You must keep the password confidential and immediately notify us if there is any unauthorized use of your email address or your Account or any breach of security otherwise known to you. You acknowledge that any person to whom your username or password is disclosed is authorized to act as your agent to use (and/or transact via) your Account. Please note that you will be entirely responsible if you do not maintain the confidentiality of your password.
4.5 Valid email address: You must be registered for an Account with a valid email address that you access regularly, so that, amongst other things, we can send administration and information emails to you. Any Account registered with another person’s email address or with a temporary email address may be closed by us without notice. We may also require you to validate your Account at registration or if we believe that you have been using an invalid email address.
4.6 Rejection: We reserve the right to reject any registration for an Account and to refuse the use of or access to the Website to anyone for any reason, at our absolute discretion without justification.
5.1 Registration: Once you have registered for an Account, you will be able to place an Order.
5.2 Selection of Services: By following the instructions on the Website, you will be able to select those Services in relation to which you would like to submit an Order.
5.3 Confirming your Order: Before submitting an Order, you will be shown a webpage listing the Services you have selected together with the Fees payable for those Services. You will be allowed to correct any errors in your selections prior to submitting your Order. Unless otherwise stipulated on the Website or agreed in writing by us, all Fees are payable in the currency then in force in Sri Lanka (i.e. currently pounds sterling).
5.4 Payment of Fees: The Fees are payable by you in advance at the intervals specified in the Order Acceptance in respect of the Services you will be receiving, and you will pay the first tranche of Fees to us in advance at the time that you submit your Order. We shall not be bound to supply any Services to you until we have received the necessary cleared funds in full.
5.5 Having sufficient funds: PayPal or PayHere will ask you to provide details of a payment card or account, and you must be fully entitled to use that card or account. That card or account must have sufficient funds to cover the payment(s) to be made to us.
5.6 Subject to these General Terms and the Schedules: When you submit an Order to the Website, you agree that you do so subject to these General Terms and the relevant Schedules current as of the date on which you submit your Order. It is your responsibility to review the latest General Terms and the relevant Schedules each time you submit an Order.
5.7 Order is an offer only: Your Order is an offer to purchase Services from us, and it remains an offer until we issue our Order Acceptance or when we receive your notice that you would like to cancel your Order, whichever is earlier.
5.8 Accepting your Order: We shall not be obliged to provide any Services to you until we have accepted your Order for those Services. We may refuse to accept your Order for any reason (at our absolute discretion). Any Order Acknowledgement that we send to you, whether by email, letter, or by any other media, is for your information only and is not an Order Acceptance. An Order Acknowledgement may contain an Order number and details of your Order. This Agreement will be formed when we accept your Order and become legally bound to provide the Services to you. Such acceptance takes place when we expressly accept your Order by sending you an Order Acceptance, whether by email, letter, or any other media, which shall state that we are accepting your Order. An Order Acceptance shall take effect when it has been sent to you by us.
5.9 Invoicing: We may send you an invoice at any time after we have sent you an Order Acceptance.
5.10 Cancelling before acceptance: Until we have sent you an Order Acceptance, we reserve the right to refuse to process your Order, and you reserve the right to cancel your Order. If we or you cancel your Order before we have sent you an Order Acceptance, then we will arrange for you to be refunded any Fees that you have already paid in respect of that Order.
5.11 Mistakes in your Order: If, after submitting your Order, you realize that you have made a mistake in your order, please contact us as soon as possible using the support ticketing system available through your Account. Please note that certain order changes may require an additional payment / administrative fee applicable to the change.
6.1 Activation: When we send you an Order Acceptance, we will activate the Services that are the subject of your Order. We inform you of such activation in the Order Acceptance.
6.2 Term: Following the date of the Order Acceptance, this Agreement will continue in force until otherwise terminated in accordance with this Agreement.
6.3 Services: We shall provide to you the Services that are set out in the Order Acceptance that are the subject of this Agreement. We warrant that:
6.3.1 we shall use our reasonable skill and care in providing the Services;
6.3.2 our employees, agents, and subcontractors have the necessary skill to provide any Services;
6.3.3 any Services will be provided in a professional, competent, and workmanlike manner;
6.3.4 we have all necessary consents, rights, and permission to enter into, and perform our obligations under, this Agreement; and
6.3.5 we shall comply with all applicable laws, statutes, regulations, and bye-laws in relation to the exercise of our rights and performance of our obligations under this Agreement.
6.4 No warranty: We do not warrant that the Services will meet your individual requirements. We are not responsible for any people, equipment, deliverables, or services that we are not expressly stipulated to provide in this Agreement. You are responsible for any people, equipment, deliverables, and services that you need to obtain from someone other than us. Except for any matter in relation to which we specifically agree in writing to advise or do, we shall not be responsible, or have any Liability (subject to Clause 18.3 or Clause 19.3 (as applicable)) for advising on, or failing to advise on, or doing, or failing to do, anything else.
6.5 “Unlimited” features: Where we say, in this Agreement or on the Website generally, that features of the Services are “unlimited”, that is always subject to:
6.5.1 fair use – see full details of our fair usage policies on the ‘Fair Usage’ tab of our terms of service.
6.5.2 your use of the Services for what a reasonable person might consider being the provision of a publicly available website;
6.5.3 Clause 7.12; and
6.5.4 your compliance with Clauses 7.2.11(e), 7.8, 7.10 and 7.11.
6.6 No guarantee: We do not warrant that the Services (including any access to your Account) will be uninterrupted, error-free, or secure from unauthorized access, or that they will meet your individual requirements. Whilst we use our reasonable endeavors to make the Services available, we shall not have any Liability (subject to Clause 18.3 or Clause 19.3 (as applicable)) if for any reason the Services are unavailable for any time or for any period. We make no warranty that your access to the Services will be uninterrupted, timely, or error-free. Due to the nature of the Internet, this cannot be guaranteed. However, we will use our reasonable endeavors to ensure at least a 99.9% uptime Services availability level.
6.7 Improvements: We reserve the right, at any time, to carry out repairs, maintenance, or introduce new facilities and functions in respect of all or any part of the Services. If you do not like the changes we make, you may terminate this Agreement in accordance with Clause 13.2.1.
6.8 Monitoring: We will monitor our provision of the Services using our own monitoring tools. We will only rely on our own monitoring tools to assess the performance of the Services, and we will not consider or accept any results, reports, or data from your monitoring tools in relation to the Services.
6.9 Timescales: We shall use our reasonable endeavors to perform our obligations under this Agreement within any timescales set out in this Agreement. However (subject to Clause 18.3 or Clause 19.3 (as applicable)), we shall not have any liability for any delays or failures to accurately perform our obligations:
6.9.1 if we have used those endeavors; or
6.9.2 if caused by any failure or delay on your part or by any breach by you of this Agreement or any other agreement between us and you.
If there is any slippage in time, we shall use our reasonable endeavors to reschedule delayed tasks to a mutually convenient time.
6.10 Our responsibility: Except as specifically stipulated in this Agreement, we shall not be responsible for providing or achieving any particular results or outcomes within a particular time.
6.11 Exclusions: Except where expressly stated in this Agreement, we exclude all conditions, warranties, terms, and obligations, whether express or implied by statute, common law, or otherwise, to the fullest extent permitted by law in respect of the Services.
6.12 Our access: Where necessary, we may need to access your Services and Material, and you acknowledge that we may make such access without informing you (subject always to our Privacy and Cookies Policy).
6.13 No warranty as to compatibility: We do not warrant that the Services will be compatible with all Materials.
6.14 Third-party access: You acknowledge that the servers used in the provision of the Services (including virtual private services (known as VPS servers) and physical private servers (known as dedicated servers)) may be accessible to all users of the Internet. We do not and cannot make any guarantee as to, and (subject to Clause 18.3 or Clause 19.3 (as applicable)) we shall not have any Liability in respect of, the protection or security of any information held on the servers.
6.15 Servers: We may, at our absolute discretion, from time to time either host the Services (and any Material) on our own servers or use third-party suppliers to do so in whole or in part. You acknowledge that we may from time to time without prior notice and without the need for prior agreement:
6.15.1 move the hosting of the Services (and any Material) to such servers (both internal and external) as we consider appropriate, at our absolute discretion; and
6.15.2 provide reasonable additional obligations or requirements on you or reasonably restrict your rights due to the requirements of the third-party suppliers.
7.1 Correct information: You must only submit to us or the Website information (whether Material, contact details, or otherwise) which is accurate and not misleading and you must keep it up-to-date and inform us of any changes.
7.2 Your responsibilities: You must:
7.2.1 co-operate with us;
7.2.2 provide us with any information we reasonably require in respect of the Services from time to time;
7.2.3 report any faults or suspected faults with or in the Services to us immediately upon discovery;
7.2.4 report to us any abuse of the Internet (including spam, hacking, and phishing) that you consider to have taken place through the use of the Services by any person, and you shall include in the such report as much information as you are able to provide to us relating to the type of abuse that you have witnessed;
7.2.5 use your own login details for the Website and do not impersonate any other person or adopt a false identity;
7.2.6 keep your password strictly confidential and secure, and immediately change your password if you know or suspect that any unauthorized third party becomes aware of your password or if you become aware of unauthorized use of your password or there is any other breach of security known or suspected by you;
7.2.7 maintain access to the Services through your Internet or telecoms service providers, and we are not responsible for any connections from your system to the Services;
7.2.8 license and configure any third-party hardware and/or software necessary for you to remotely access and use the servers we use in the provision of the Services;
7.2.9 be responsible for ensuring that you have the knowledge and expertise necessary to access and make use of the Services;
7.2.10 ensure that all Material is suitable and prepared for use in conjunction with the Services;
7.2.11 be responsible for ensuring that, and you hereby warrant and undertake to us that, your use of the Services and any Material:
(a) does not infringe the privacy rights or Intellectual Property Rights of any third party;
(b) does not harm us or bring us or our name into disrepute;
(c) is not for the purpose of sending spam or other unsolicited emails;
(d) is not for the purposes of breaching or circumventing the security of any network or Internet user;
(e) does not impose an unreasonable or disproportionately large load on our infrastructure or the Services (whether or not the Services have “unlimited” elements, such as in relation to Internet traffic or disk usage);
(f) does not interfere with another user’s use of the Services or similar services;
(g) is not defamatory, obscene, abusive, malicious, indecent, harassing, or discriminatory;
(h) conforms in all respects will all applicable laws, rules, regulations, bye-laws and codes of practice (including disability discrimination, intellectual property, privacy, and data protection laws); and
(i) does not contain any material detrimental to us or any other user of the Services or similar services, including any viruses, trap doors, back doors, Trojan horses, time bombs, easter eggs, worms, cancelbots, or other computer programming routines that are intended to detrimentally interfere with, damage, expropriate or surreptitiously intercept any system, data or personal information;
(j) does not permit self-stored backups, or the storage of media content such as video, gaming, or other (at the discretion of management). More specific information regarding the types of permitted content can be found within the ‘Fair Usage’ document above.
(k) does not permit storage of archive files, such as .zip or .tar.gz. It is within our discretion on maintenance/cleanup tasks to remove these files when necessary.
(l) does not abuse trial and promotional codes, discounts, or periods for the benefit of extended service or replacement to a fully paid service.
(m) does not permit the usage of TeamSpeak, or any other services making use of the hosting account solely for the purpose of gaming, chatbots, irc, or chatrooms. This includes the use of the server solely for the purpose of remote MySQL for such services.
7.2.12 promptly comply with our reasonable requests from time to time in connection with this Agreement; and
7.2.13 ensure that the Services are sufficient and suitable for your purposes and meet your individual requirements.
7.3 Restrictions: You must not, whether yourself or in conjunction with anyone else:
7.3.1 manipulate Orders or transactions in ways that are unfair to us or other users of the Website and/or the Services; and
7.3.2 use or access the Website and/or the Services in contravention of any applicable law.
7.4 Warranty as to Material: You warrant that any Material is owned by you. It is your responsibility to make sure that you have all necessary rights and consents relating to your use of the Material in conjunction with the Services.
7.5 Backups: You are responsible for keeping regular and full backups of all Material – any backups provided as part of a plan or service, are provided on the basis of a ‘courtesy addon’, and therefore do not come with any guarantees of availability. Subject to Clause 18.3 or Clause 19.3 (as applicable), we shall have no liability for any failure by you to backup any Material. If any Material is lost or corrupted for any reason and you do not have an appropriate backup, we will not be able to help you recover that lost or corrupted Material.
7.6 Indemnity as to Material: You shall indemnify and hold us harmless against all liabilities, costs, expenses, damages, and losses (including any direct or indirect consequential losses, loss of profit, loss of reputation, and all interest, penalties, and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach by you of Clauses 7.1, 7.2, 7.3, 7.4 or 7.5. This indemnity shall apply whether or not you have been negligent or at fault.
7.7 Insurance: You are responsible to ensure that you have in place insurance in relation to any Material, including in relation to the loss or corruption of that Material.
7.8 Data warehousing (or similar): You acknowledge that the Services and any Material may not be used for the purpose of data warehousing such as (but not limited to) storage of backup or archival data, mirror sites, or personal multimedia content such as movies, music, photos or other media.
7.9 Excess usage: We monitor the use of the Services and, if we consider that, for example, your use of the Services (for example, your mailboxes, disc space usage, or CPU) is excessive, we reserve the right to:
7.9.1 contact you requiring you to reduce that usage; and/or
7.9.2 in respect of mailboxes, empty your spam/junk/deleted items folder, provided we inform you by email seven days in advance.
7.10 Peer-to-peer media (including files) sharing or streaming: You acknowledge that the Services and any Material may not be used for the purpose of peer-to-peer file or media sharing, streaming, BitTorrent, Tor, or other similar forms of data transmission.
7.11 Content delivery networks: You acknowledge that the Services and any Material may not be used for the purpose of providing or participating in a content delivery network.
7.12 Suspension of the Services: We reserve the right to suspend our provision of the Services to you if your use of the Services is having a detrimental impact on our other customers. This might happen if, for example, your website (in respect of which you use the Services):
7.12.1 has been hacked (such as through bugs in commonly-used software including WordPress);
7.12.2 contains malware;
7.12.3 is attacked (including by a denial-of-service attack); and/or
7.12.4 is badly coded.
In all of these examples, your website might use the excessive resource on our servers to the detriment of our other customers’ use of the Services. Following the decision to suspend any Services, we will contact you with details of the suspension and invite you to remedy the situation if appropriate, or – for example in the case of a denial-of-service attack – when we will next review the situation. In such a situation, you are able to discuss what may be required for the Services to be reinstated by contacting us through the support ticketing system available through your Account.
7.13 Removal of Material: We reserve the right, and have absolute discretion, but not an obligation, to remove, screen, or edit any content (including Material) that breaches this Agreement or is otherwise objectionable. Without prejudice to any other provision of this Agreement, we reserve the right to immediately remove any Material to which we object and/or if you are otherwise making inappropriate use of the Services contrary to the requirements of this Agreement.
8.1 What we provide: We shall use our reasonable endeavors to correct any errors or omissions in the Services as soon as practicable during Business Hours on Business Days after receiving full and clear information on them. However, since we do not guarantee that the Services will be free from faults, we shall provide support accessed by means of a ticketing system available through your Account for you to use for us to deal with any faults and also for answering queries (“Support Services”). We shall use our reasonable endeavors to respond to a request for Support Services within a reasonable time, but we cannot guarantee any particular result or outcome within any particular time. In particular, without limitation, we may need to obtain support in turn from a third party that assists us with the provision of the Support Services.
8.2 Exclusions: The following are expressly excluded from the Support Services:
8.2.1 rectification of lost or corrupted Material;
8.2.2 rectification of any failure by you to take appropriate backups;
8.2.3 resolving faults or defects that arise as a result of your failure to comply with this Agreement or any other agreement between you and us; and
8.2.4 changing or updating in any way the content of any website that is the subject of this Agreement.
We may provide any of the excluded services listed in this Clause 8.2 as part of the Support Services at our absolute discretion. Subject to Clause 18.3 or Clause 19.3 (as applicable), we will not have any Liability for our provision of any of those excluded services to you.
8.3 Charges: We provide Support Services with every Agreement as an inclusive part of the Services, at no extra charge.
Resale of 3rd Party Services or Software
9.1 Third parties: Where the Services involve the resale by us to you of software owned, or services/products provided, by a third party, you purchase a license to use that software and those services/products from the relevant third party, and you do so subject to the relevant third party’s software license and/or terms and conditions, which will be made available to you on the Website; you will be directed to them on the relevant Services webpage, on our Terms and Conditions webpage and, in some instances, in a Schedule. You will receive no representations or warranties in respect of the license of such software and provision of services/products except those contained in the relevant third party’s license and/or Terms and Conditions, and you acknowledge that the third party is able to terminate any license and/or provision of services/products at any time.
9.2 Cost: The Fees for your purchase of a license to third-party software and/or third-party services/products are dependent on the relevant third party. Any Fees set out in the Order are estimated only, and the actual amount you pay for the license and/or the services/products is at the absolute discretion of the third party.
9.3 Support: We may provide Support Services in respect of third-party software and services/products purchased through the Services. Whether we are able to provide those Support Services is dependent on the relevant third party providing appropriate support to us. Where a 3rd party service is encoded or encrypted, or where input is required from the third party, we reserve the right to refer you directly to the support department of that third party.
9.4 Liability: Subject to Clause 18.3 or Clause 19.3 (as applicable), we will not have any liability for the actions of third-party software and service/product providers, the software they license, and/or services/products they provide, to you through the Services, or the availability (or otherwise) of support in respect of that software and those services/products.
10.1 Invoicing and payment: Fees will be payable by you monthly in advance, and we will invoice you monthly for the Fees payable.
10.2 Late payment: We will send you a reminder for payment following our sending of an invoice to you. However, if you have not paid any invoice within 14 days of the due date of that invoice, we reserve the right to cancel this Agreement and cease to provide the Services, without notice to you. It is your responsibility to make sure that any payment details you have provided are correct and up-to-date at all times, and that payments are made on, or before the due date of the service.
10.3 Increase in Fees: We may increase any Fees at any time on notice to you of three days, with the increase taking effect from the next payment date for the Fees in accordance with Clause 10.1. If you do not accept the increase, you have the right to cancel this Agreement in accordance with Clause 13.2.1.
10.4 VAT: The price of the Services listed on the Website excludes VAT, however, you will be charged VAT at the applicable current rate chargeable in the LK. If your use of the Services is for business purposes and your business is located in a country in the European Union that is not in the LK, it is your responsibility to assess and submit VAT to the appropriate authority.
10.5 Chargebacks: A chargeback is a claim against the bank or payment method, that suggests the payment captured is ‘unauthorized’ and has been taken without consent. However, all services are scheduled and arranged online, and with an agreement to our terms of service. As such, any claim/chargeback made against a payment in relation to an invoice raised will be considered fraudulent and may lead to immediate account closure/termination.
Please see our Privacy and Cookies Policy which forms part of these General Terms.
Intellectual Property Rights
What we own: You acknowledge that we own:
12.1.1 all Intellectual Property Rights in the Services and any rights arising out of any works arising in connection with them; and
12.1.2 any IP address allocated to you as part of the Services, and such IP address is not portable or transferrable to another hosting provider at any time, including in the event that this Agreement is terminated.
We grant you a non-exclusive license to use the Services and any such IP address to the extent necessary for you to receive the provision of the Services from us.
12.2 What you own: We acknowledge that you own all Intellectual Property Rights in the Material, where your ownership is subject to the obligations contained in this Agreement and, in particular, Clause 7. You grant us a non-exclusive license to use that Material to the extent necessary for us to provide the Services to you.
Your rights to end this agreement
13.1 You can always end this Agreement: If you are a Consumer and, in some cases, if you are a Business Customer, your rights when you end this Agreement (or cancel any Service) will depend on what Services you have purchased from us, whether there is anything wrong with the Services, how we are performing and when you decide to end this Agreement (or cancel any Service):
13.1.1 if the Services are faulty or misdescribed you may have a legal right to end this Agreement (or to get the relevant Services re-performed or to get some or all of your money back), see Clause 16;
13.1.2 if you want to end this Agreement because of something we have done or have told you we are going to do, see Clause 13.2;
13.1.3 if you have just changed your mind about the Services, see Clause 13.3; you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions; and
13.1.4 in all other cases (if we are not at fault and there is no right to change your mind), see Clause 13.4.
13.2 Ending this Agreement because of something we have done or are going to do: If you are ending this Agreement (or canceling any Service) for a reason set out in Clauses 13.2.1 to 13.2.5, this Agreement (or that Service) will end immediately and we will refund you in full for the Services which have not been provided and you may also be entitled to compensation. The reasons are:
13.2.1 we have told you about an upcoming change to the Services, these General Terms (or a Schedule), or the Fees which you do not agree to (see Clauses 1.3, 6.7, and 10.3);
13.2.2 we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
13.2.3 there is a risk that the supply of the Services may be significantly delayed because of an Event Outside Our Control;
13.2.4 we have suspended provision of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or
13.2.5 you have a legal right to end this Agreement (or cancel that Service) because of something we have done wrong.
13.3 Exercising your right to change your mind if you are a Consumer (Consumer Contracts Regulations 2013): If you are a Consumer, you have 14 days after the day we email the Order Acceptance to you to change your mind under the Consumer Contracts Regulations 2013; however, we give you more than that, and whether you are a Business Customer or a Consumer, we give you 30 days from the day we email you the Order Acceptance in order to cancel this Agreement and receive a full refund of any amounts you have paid to us in respect of that Order Acceptance. Please note that you do not have a right to change your mind in respect of the Services listed in Clause 17.3.
13.4 Ending this Agreement where we are not at fault and there is no right to change your mind: If you do not have any other rights to end this Agreement (see Clause 13.1), you can still contact us and tell us you want to end it or cancel any Service. This Agreement (or the relevant Service) will not end until the end of the then-current calendar month in which you notify us that you want to end this Agreement (or the relevant Service). We will not refund any advance payment you have made for Services that will not be provided to you except to the extent required by law or otherwise agreed to by you.
14.1 Tell us you want to end this Agreement: To end this Agreement or any Service, please let us know by doing one of the following:
14.1.1 Phone or ticketing system: Call customer services on 0330 11 33339 or contact us through the support ticketing system available through your Account. Please provide your name, home address, details of the order, and, where available, your phone number and email address.
14.1.2 By post: Print off the Cancellation Form and post it to us at the address on the Cancellation Form. Or simply write to us at that address, including the information required in the Cancellation Form.
14.2 How we will refund you: We will refund you any amounts owing to you for the Services by the method you used for payment.
14.3 When your refund will be made: We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
14.4 Applicability of this Clause 14: This Clause 14 shall not apply to you if you are a Business Customer.
Our rights to end this agreement
15.1 Termination by us on notice: We may terminate this Agreement, or any Service, at any time by giving you not less than five Business Days’ notice. In the event that we terminate this Agreement, or any Service, under this Clause 15.1, we will refund to you the Fees that you have paid to us on a pro-rata basis for the period from the date of termination to the date in relation to which you have paid the Fees in advance.
15.2 We may end this Agreement if you break it: We may end this Agreement, or any Service, at any time by writing to you if you:
15.2.1 do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
15.2.2 do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services;
15.2.3 are in breach of any of your obligations under this Agreement;
15.2.4 are unable to pay your debts when they fall due;
15.2.5 have a petition for administration or winding up proceedings;
15.2.6 have a receiver or manager appointed over any of your property or assets;
15.2.7 are the subject of a bankruptcy petition;
15.2.8 enter into any composition with creditors generally; and/or
15.2.9 take or suffer any steps preparatory to the situations set out in Clauses 15.2.4 to 15.2.8, or if any distress or execution is levied or threatened on any of your property or assets.
15.3 Event Outside Our Control: We may terminate this Agreement in accordance with Clause 21.4.
15.4 You must compensate us if you break this Agreement: If we end this Agreement or any Service in the situations set out in Clause 15.2, we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking this Agreement.
16.1 How to tell us about problems: If you have any questions or complaints about the Services, please contact us using the support ticketing system available through your Account.
16.2 Summary of your legal rights: We are under a legal duty to supply Services that are in conformity with this Agreement. If you are a Consumer, see the box below for a summary of your key legal rights in relation to the Services. Nothing in this Agreement will affect your legal rights if you are a Consumer. The box below does not apply if you are a Business Customer.
17.1 On termination: In the event that this Agreement (or any Service) is canceled or terminated:
17.1.1 all relevant Material will be automatically deleted from our servers and, as is the case through the term of any Agreement in accordance with Clause 7.5, you are responsible for taking appropriate backups of such data and material at all times;
17.1.2 we will cease to provide any relevant Services to you; and
17.1.3 the accrued rights, remedies, obligations, and liabilities of us and you as at cancellation or termination shall not be affected, including the right to claim damages for any breach of this Agreement which existed at or before the date of cancellation or termination.
17.2 Post-termination: Termination of this Agreement shall not affect the coming into force, or continuance in force, of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.
17.3 Cancellation within 30 days: You may cancel any of the Services at any time within 30 days of having received the Order Acceptance and receive a full refund of any amounts you have paid to us in respect of that Order Acceptance. Such a right will not apply to:
17.3.1 any domain name or SSL certificate that has been issued to you; and/or
17.3.2 any third-party software and services that have been issued to you (for example, WHMCS or Blesta licenses).
To effect a cancellation in accordance with this Clause 17.3, you should contact us within 30 days of having received the Offer Acceptance by contacting us through the support ticketing system available through your Account.
17.4 Domain name fees: Please note that domain name registration fees that you pay to us are not refundable and the domain name will remain registered for the duration of the registration term. Once this term has expired, unless you have renewed the term, the domain name will expire. Please see the Schedule on Domain Registration Services for more information.
17.5 SSL Certificate fees: Please note that SSL Certificate fees that you pay to us are not refundable and the SSL Certificate will remain issued for the duration of the SSL Certificate term. Please see the Schedule on SSL Certificate Services for more information.
Limitation Of Liability If You Area a Consumer
18.1 Applicability of this Clause 18: This Clause 18 shall not apply to you if you are a Business Customer.
18.2 If you are a Consumer: If you are a Consumer, nothing in this Agreement (including this Clause 18) affects or limits your statutory rights (including, without limitation, the right to insist that the Services shall be provided to you using reasonable skill and care).
18.3 What we do not exclude Liability for: We shall not exclude or limit our Liability for:
18.3.1 our fraud; or
18.3.2 death or personal injury caused by our Breach of Duty; or
18.3.3 any breach of the obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or
18.3.4 the Consumer Rights Act 2015; or
18.3.5 the Consumer Protection (Amendment) Regulations 2014; or
18.3.6 any other Liability which cannot be excluded or limited by applicable law.
18.4 What we are responsible for: If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this Agreement or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Agreement.
18.5 Consumers only: We only provide the Services to you, as a Consumer, for domestic and private use. You agree not to use the Services for any commercial, business, or re-sale purpose, and, subject to Clause 18.3, we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
19.1 Applicability of this Clause 19: This Clause 19 shall not apply to you if you are a Consumer. This Clause 19 applies only if you are a Business Customer.
19.2 What this limitation applies to This Clause 19 prevails over all of this Agreement and sets forth our entire Liability, and your sole and exclusive remedies, in respect of:
19.2.1 performance, non-performance, purported performance, delay in performance or mid-performance of this Agreement or any services or deliverables in connection with this Agreement; or
19.2.2 otherwise in relation to this Agreement or entering into this Agreement.
19.3 What this limitation does not apply to We shall not exclude or limit our Liability for:
19.3.1 our fraud; or
19.3.2 death or personal injury caused by our Breach of Duty; or
19.3.3 any breach of the obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or
19.3.4 any other Liability which cannot be excluded or limited by applicable law.
19.4 Breach of Duty excluded: Subject to Clause 19.3, we do not accept and hereby exclude any Liability for Breach of Duty other than any Liability arising pursuant to the terms of this Agreement.
19.5 What else we are not liable for: Subject to Clause 19.3, we shall not have any Liability in respect of any:
19.5.1 indirect or consequential losses, damages, costs, or expenses;
19.5.2 loss of actual or anticipated profits;
19.5.3 loss of contracts;
19.5.4 loss of use of money;
19.5.5 loss of anticipated savings;
19.5.6 loss of revenue;
19.5.7 loss of goodwill;
19.5.8 loss of reputation;
19.5.9 loss of business;
19.5.10 ex gratia payments;
19.5.11 loss of operation time;
19.5.12 loss of opportunity;
19.5.13 loss caused by the diminution in value of any asset; or
19.5.14 loss of, damage to, or corruption of, data;
whether or not such losses were reasonably foreseeable or if we or our agents or contractors had been advised of the possibility of such losses being incurred. For the avoidance of doubt, Clauses 19.5.2 to 19.5.14 (inclusive) apply whether such losses are direct, indirect, consequential, or otherwise.
19.6 The limitation: Subject to Clause 19.3, our total aggregate Liability arising out of or in connection with all claims in aggregate (including warranty claims and losses relating to the breach of warranty) shall be limited to the greater of:
19.6.1 110% of all amounts paid and total other sums payable, in the aggregate, by you, to us under this Agreement in the 12 months prior to the date on which the claim first arose
19.7 The effect of the limitation: The limitation of Liability under Clause 19.6 has effect in relation both to any Liability expressly provided for under this Agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this Agreement.
19.8 Your acknowledgment: You acknowledge and accept that we only provide the Services to you on the express condition that we will not be responsible for, nor shall we have any Liability (subject to Clause 19.3) directly or indirectly for any act or omission of you or any third party.
20.1 Termination: This Clause 20 does not apply to the termination or cancellation of this Agreement or any Services, which is dealt with elsewhere in these General Terms.
20.2 Giving a notice: Subject to Clause 20.1, any notice given to either us or you by the other under or in connection with this Agreement shall be in writing, addressed (as applicable) to us at our registered office or addressed to you at such address as you may have specified to us from time to time, and shall be delivered personally, sent by pre-paid first-class post, recorded delivery or commercial courier.
20.3 When a notice is considered delivered: A notice shall be deemed to have been received: if delivered personally, when left at the address referred to in Clause 20.1; if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; and, if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed.
21.1 No liability: Subject to Clause 18.3 or Clause 19.3 (as applicable), we will not have any liability or be responsible for any failure to perform or delay in performance of, any of our obligations under this Agreement that are caused by an Event Outside Our Control.
21.2 Meaning of an Event Outside Our Control: An “Event Outside Our Control” means any act or event beyond our reasonable control, including strikes, lock-outs, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or another natural disaster, or failure of public or private telecommunications networks.
21.3 What happens following an Event Outside Our Control: If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:
21.3.1 we will contact you as soon as reasonably possible to notify you of the Event Outside Our Control; and
21.3.2 our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of our responsibilities under this Agreement, we will restart the performance of those responsibilities as soon as reasonably possible after the Event Outside Our Control is over.
21.4 Cancellation following an Event Outside Our Control: You may cancel this Agreement if an Event Outside Our Control takes place and you no longer wish to make use of the Services. Please see your cancellation rights under Clause 17. We will only cancel this Agreement if the Event Outside Our Control continues for longer than four weeks, in which case such cancellation shall have immediate effect.
We shall keep a record of your Order and this Agreement until six years after you submit your order to us through the Website. However, for your reference in the future, we recommend that you print and keep a copy of this Agreement, your Order, the Order Acknowledgement, and the Order Acceptance.
We value your satisfaction with the Website and the Services. If you have a complaint, you should contact us by means of the Support Services. We will try to address any such complaints you may have as soon as reasonably possible. If you feel that your complaint was not addressed to your satisfaction, then you may escalate your complaint by means of a notice (see Clause 20). Upon receipt of such notice, your complaint will be assessed by a company director and a full response will be made within 15 Business Days.
24.1 Third-party rights: A person who is not us or you shall not have any rights under or in connection with this Agreement.
24.2 Transfer by you: This Agreement is personal to you. You may not assign, transfer, charge or otherwise encumber, create any trust over, or deal in any manner with, this Agreement or any right, benefit, or interest under it, nor transfer, novate, or sub-contract any of your obligations under it, without our prior written consent (such consent not to be unreasonably withheld or delayed).
24.3 Transfer by us: We may transfer our rights and obligations under this Agreement to another organization, and we will always inform you if that happens, but this will not affect your rights or our obligations under this Agreement.
24.4 Waiver: If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
24.5 Severance: Each of the provisions of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.
24.6 No partnership: Nothing in this Agreement shall constitute a partnership or employment or agency relationship between us and you.
24.7 Governing law: This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
24.8 Jurisdiction (if you are a Consumer): If you are a Consumer, you submit to the exclusive jurisdiction of the English courts to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation, except where, by law, such dispute or claim must be brought in the jurisdiction in which you are domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction. Clause 24.8 shall not apply if you are a Business Customer.
24.9 Jurisdiction (if you are a Business Customer): If you are a Business Customer, you submit to the exclusive jurisdiction of the English courts to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation. Clause 24.9 shall not apply if you are a Consumer.
We are an LK Domain Registry Registrar and as such may provide you with a domain name via LK Domain Registry. Please be aware that by registering a .lk domain name, you are bound by LK Domains Registry Terms and Conditions https://www.domains.lk/index.php/policies-conditions/domain-registration-policy
All non-UK domains are provisioned through our domain partners or ‘upstream registrars’. As such we cannot guarantee the availability of a particular domain, however, any charges incurred in the registration of a domain that is subsequently found to be unavailable will be refunded in full.
Both LK and non-LK domains are provisioned through third-party registrars.
Please note that the registrars may reject the registration of a domain if invalid information is provided at the time of order. All TLDs and ccTLDs have differing validation requirements which are also subject to change. As such we are not responsible for the validation of such data and it is your responsibility to check that a domain registration has been completed by the receipt of a ‘domain registration confirmation’ email. In the unlikely event, a domain is rejected by the registrar, you will not receive such an email and we would need to be alerted to investigate this with the registrar directly and process the registration manually.
This Acceptable Use Policy (the “Agreement”) sets forth the terms and conditions of Your Use of hosting and related services (“Services”). In this Agreement “You” and “Your” refer to You, as the user of Our Services, or any agent, employee, servant, or person authorized to act on Your behalf. “We”, “us” and “our” refer to SACIT (PRIVATE) LIMITED, as well as its subsidiaries and sister companies (“LankaHostMaster”). This Agreement explains Our obligations to You and explains Your obligations to Us for various services offered by SACIT. When You Use Your account or permit someone else to Use it to purchase or otherwise acquire access to additional SACIT service(s) or products or to cancel Your SACIT service(s) (even if We were not notified of such authorization), this Agreement covers such service or actions. L Terms of Service agreement (“TOS”) is incorporated herein by reference and is applicable to all Services under this Accepted Use Policy.
represent and warrant to LankaHostMaster that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising, or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your account content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by LankaHostMaster shall not be used in connection with any illegal activity.
You expressly (i) grant to LankaHostMaster a license to cache the entirety of the content that is submitted, stored, distributed, or disseminated by you via the Services and your website, including content supplied by third parties, hosted by LankaHostMaster under this agreement; and (ii) agree that such caching is not an infringement on any of your intellectual property rights or any third party’s intellectual property rights.
LankaHostMaster will use its best efforts to maintain a full-time Internet presence for Your account. You hereby acknowledge that the network may, at various time intervals, be down due to, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall LankaHostMaster be liable to You for any damages resulting from or related to any failure or delay of LankaHostMaster in providing access to the Internet under this Agreement. In no event shall LankaHostMaster be liable to You for any indirect, special, or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of LankaHostMaster under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder within a given month and would be first subject to those terms outlined within our ‘Service Level Agreement’. The terms of this Section will survive the termination of this Agreement.
This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Your principal account. You are responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A LankaHostMaster account may not be transferred without prior written approval from LankaHostMaster.
LankaHostMaster assigns to You an Internet Protocol (“IP”) address in connection with Your use of the LankaHostMaster services. The right to use that IP address will remain with and belong only to LankaHostMaster, and You will have no right to use that IP address except as allowed by LankaHostMaster in its sole and absolute discretion.
You may enable SSH access in Your account, or by contacting our Support team. Upon completion of said terms, you will be granted Jail / Caged access to the system on a provisionary basis any misuse of the system will result in access being revoked. The use of PHP or any other means to circumvent this policy will result in immediate account termination.
Any client or reseller of the LankaHostMaster services may throughout the duration of the agreement, be provided with access to promotions, discounts, or trial periods of new services.
In the agreement of these terms, the client shall not abuse the discount and promotional facilities provided for the benefit of the replacement of existing services. Instead, the discounts shall be provided solely as promotional discounts apply to any secondary services or products.
Any discounts applicable to new or existing services will be under the above terms unless explicitly stated otherwise either here in writing, or via the promotional content surrounding the discount.
Certain clients or client groups may be provided exclusivity to a discount or promotional code. These discounts or promotions, unless stated otherwise herein writing, should and must not be shared.
Anyone found in breach of these terms may be suspended or removed entirely (with termination or account closure), as specified in our general Hosting Terms.
Prohibited Activities
By using any Services, provided by LankaHostMaster You agree:
You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In to mailings from You will be considered unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to LankaHostMaster. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. LankaHostMaster prohibits the following activities listed without limitation hereunder:
If we determine that you have deliberately or recklessly used our hosting services for the sending of SPAM e-mail messages, we reserve the right to assess a £1000 charge upon your account, which shall serve to compensate us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity, we may assess the fee entirely at our discretion. The fee will be charged to your account, in accordance with the payment information submitted by you as part of your acquisition of our services. You further agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity we may share information regarding your activities, including but not limited to your identity, with the various anti-SPAM organizations and/or blacklists.
We take all SPAM issues extremely seriously and will take redress such activity whenever we deem necessary.
The shared hosting services offered by LankaHostMaster Ltd comprise the provision of web space on our servers, enabling you to upload website pages and files for the purpose of website publishing.
The shared hosting services offered by LankaHostMaster may be offered on an ‘unlimited’ basis in terms of server storage, or bandwidth for normal routine ‘non-file-distribution’ web usage. From websites that allow the downloading of video or audio f,iles we reserve the right to impose a limit of ten (10) GB total per account.
In your use of the Shared Hosting Services (other than where you are using your own virtual private server), you may not:
You must not use the Hosting Services as a backup facility or file-share. Therefore, all files uploaded to our servers as part of your usage of the Hosting Services must be visible and accessible to the outside world (web-visible) unless they are needed to operate the website of which they form part; We reserve the right to delete files or directories that fall within any of these terms without giving notice to you.
All pages of the website stored on our servers as part of the Hosting Services will be available to search engines unless you take action to prevent this. If you wish to optimize your web pages for search engines you agree to use coding and techniques which comply fully with the guidelines issued by Google, Bing, Yahoo, and other large search engines.
MySQL Databases may be limited to 1024 megabytes in size at our discretion. Databases in excess of this size may, only via prior consent be run under our supervision.
Your use of the server resources shall not endanger the capacity and operation of the shared server.
Any shared or reseller hosting service/account may use no more than the resources outlined against its package.
Accounts that are deemed to exceed those resource limits (by examination of LVE faults or at the discretion of LankaHostMaster) will be suspended pending further investigation.
Where we deem necessary and within our discretion, we reserve the right to account removal, without guarantee of backup availability to ensure the stability of the service to others on the same shared server/environment.
We may provide a ‘burstable’ allowance ahead of the resources available to the chosen package, which is provided solely at our discretion. We may on occasion burst the resources of a particular account to maintain the stability of the service/server your account is hosted on.
If we see excessive faults/usage against a particular account, we reserve the right to maintain suspension/removal on a permanent basis.
In all cases of over-usage, we will try to provide an alternative solution, which in most cases me incur an alternative charge or service, either by ourselves or a 3rd party recommendation.
As a reseller, you agree that you are bound to the above terms, and any other terms outlined within all sections of our Terms and Conditions.
Alongside these terms, you as a reseller agree not to:
You agree that it is your responsibility as the reseller of good housekeeping of the service offered to you.
You agree that it is your responsibility to monitor, and delete files/accounts that are in breach of any of our outlined terms
It is within our discretion to terminate or remove a reseller account, should there be repeated attempts to breach the outlined terms and conditions without prior warning.
Whilst the quantity of accounts can be considered ‘unlimited’, we retain the right to impose limits in cases whereby the user is deemed ‘excessive’ or is consuming more than 25% of the server’s overall usage. In such cases, LankaHostMaster will try to offer an alternative solution, by means of secondary or replacement products/upgrades.
The content on your website must be linked from an HTML or similarly coded web page with all content freely available to the public. Your website must consist of web pages of a standard design, essentially HTML-based text, and graphics. Your hosting account should consist mostly of HTML and PHP files.
Downloadable files, media, and databases must comply with the following limitations:
Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability.
Under its sole discretion, LankaHostMaster reserves the right to determine any kind of unfair or inappropriate usage of any content which may result in immediate account suspension or upgrade to a package with higher resource availability. The decision to upgrade shall rest solely with LankaHostMaster and shall be made at its reasonable discretion.
LankaHostMaster reserves the right to remove the following extensions (by example, but not exclusive to) without prior warning, and at its sole discretion – mp3, mp4, tar.gz, zip, wpress, .jpa, .exe, wav
Any shared hosting account that uses more than 10GB of disk space or contains more than 200,000 inodes may be removed from our weekly or daily backups. Any user whose hosting account is using more than 10GB of disk space or contains more than 200,000 inodes is solely responsible for maintaining a copy of his/her account.
Softaculous backups will be removed from the server and no copy will exist. The self-storage of any type of backup within the hosting space is strictly prohibited.
Plugins used for backups may not store local backups within the account quota and may only be stored ‘offsite’ with arranged cloud storage providers, such as Google Drive or S3. Any backups left on the system, or excessive backups retained may lead to account suspension or removal.
The above extensions may on occasion also be removed from account storage automatically, to ensure stability / free storage capacity on any shared server /service.
Automatic backups are only available where stated within the marketing collateral for that particular product. Unless otherwise stated, we will not retain backups (for example, VPS servers / dedicated servers). Please review our ‘hosting terms’ for more information regarding backup policies.
Our standard shared / reseller backup schedule is as follows…
These schedules may differ, however, depending on the service, and entirely at our own discretion.
Backups are stored off-site and are managed from within the hosting account.
Whilst we will maintain every effort to ensure backups are complete and available, LankaHostMaster cannot be held responsible where backup data is missing or corrupt.
When an account is terminated/removed either by us or the reseller (either intentionally, or by human error), we may hold backups of the removed account for a maximum of 48 hours. The standard retention policy does not apply post-removal.
Restoration of any accounts following cancellation or closure, including those whereby a service has become overdue will incur additional administrative charges.
You should use email and other related services in full compliance with the terms.
In order to safeguard overall server performance, You may send and/or forward not more than the following number of emails, per hour per domain:
Our Premium products may offer varying/increased sending limits.
For Shared Hosting accounts, email storage shall not exceed the 10GB limit per mailbox (or 30GB in total for an individual ‘account’)
For Shared or Reseller hosting accounts, there must not exceed 30 email addresses provisioned for a single user.
For IMAP/POP3 mailboxes, you may perform up to 100 email checks per hour.
For POP3, you may perform up to 10 concurrent connections to the email system per IP address on Shared and Reseller servers, and up to 20 concurrent connections to the email system per IP address on Business and Email servers.
For IMAP, you may perform up to 30 concurrent connections to the email system per IP address on Shared, Reseller, Business, and Email servers.
LankaHostMaster may, at its sole discretion, limit the volume of email messages You can deliver through our services. LankaHostMaster may limit email volume by queuing Your email messages internally, or by temporarily rejecting requests to send emails through our services. LankaHostMaster may block any message You attempt to submit using our services, for any reason whatsoever, with or without notifying You of such blocking. Under no circumstances will LankaHostMaster be liable to You or any other party for any indirect, special, economic, or consequential damages (including without limitation lost profits) arising out of email blocking or queuing.
Each hosting account can be upgraded to a VPS (Virtual Private Server) or the Elastic Cloud. The upgrade is performed by LankaHostMaster after You have paid the first month’s fee. The fee depends on the VPS type chosen by You and is non-refundable. Prorate amount for unused time of the shared hosting account will not be refunded, it will be added to Your account balance in the event of an upgrade to VPS. Once the account is transferred to the VPS the Virtual hosting account is terminated and the new VPS account use is governed by the following terms.
Certain situations may deem an upgrade to a VPS, in order to move an account, or service away from services or servers shared by others, such as excessive resource consumption.
Due to the exhaustion of the IPv4 address space we actively conserve IP address space by limiting the IP addresses each web hosting account can use.
Shared hosting accounts may each use only 1 IP address.
Reseller hosting accounts may use up to 10 IP addresses. The number of IPs that are included and the account may use up to are indicated in the plan specification.
The IP address limit is a per account, not a per-customer basis. Customers may hold multiple accounts to get access to additional IP addresses. We strongly urge customers to only use IP addresses for essential use and we do require justification for usage.
The provision of additional IP addresses will be chargeable.
Use of Traffic (Bandwidth):
Your account monthly traffic may be limited in accordance with the VPS Type. The additional bandwidth is paid for and applied on a monthly basis. The fee is non-refundable. If the monthly traffic limit is reached before the end of the month Your account will be suspended until the beginning of the next month.
Disk Space Usage:
Your account disk space is limited in accordance with the VPS Type. Up to 4 GB from the disc space is allocated to the VPS system files and this space cannot be used for storing Your content.
Additional Services:
The initial and renewal fees for each VPS include the number of IPs in accordance with the ith VPS type. Additional IPs can be added to a VPS. In such a case LankaHostMaster will charge the appropriate fee for the dedicated IP. The fee is applied and should be paid on a per-month basis. The fee is non-refundable.
You can order Additional RAM as extra features to Your VPS account(s). LankaHostMaster will charge the appropriate fee for the additional RAM, depending on the amount of RAM ordered. The fee is applied and paid on a monthly basis. The fee is non-refundable. A renewal fee is due for the Additional RAM each month after the initial order until the upgrade or the VPS account itself is canceled. You are solely responsible to make the renewal payments in a timely manner. In case no renewal payment is received, LankaHostMaster will remove the additional RAM or will suspend the whole VPS account until receiving additional RAM renewal payment.
VPS Servers are not included in our daily, or weekly backups. We strongly encourage you to utilize a remote backup facility in the case of data loss or corruption which may be irretrievable. LankaHostMaster cannot be held liable for the loss of data within a VPS.
As part of our VPS products, we may include ‘management’, which is available in the following tiers…
Unmanaged
No assistance in software/server management included
Managed
Our management offering is ideal for those who are able to handle the day-to-day operations of your server but would require occasional assistance. Our managed VPS option may be included as standard with your VPS purchase, but support/assistance will be limited to 1 hour monthly. Additional management hours can be purchased or may be billed at the standard rate of £75+VAT per hour. The support team under a basic management plan will not access a server and will provide only documentation or references to assist in terms of diagnosing any potential issues within the server.
Our highest level of management allows us to provide full server administration with up to 3 hours of technical assistance/consultation monthly. We will also monitor your server proactively, via our Nagios / check_mk monitoring suite. Tasks will be carried out on request – urgent upgrades /patches will be carried out automatically.
Monitoring levels will vary according to the scale of a project – LankaHostMaster reserves the right to increase/decrease management costs in order to provide a bespoke support offering.
At all times, you shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions, and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through, or stored on the server. You shall be solely responsible for undertaking measures to (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality, and integrity of Your server content transmitted through or stored on LankaHostMaster servers; and (iv) ensure the confidentiality of Your password. LankaHostMaster services are not intended to be used for data backup or archiving purposes. Using an account as an online storage space for archiving electronic files is prohibited and will result in the termination of hosting services without prior notice. We reserve the right to delete Your archives if they affect Our overall server performance and LankaHostMaster shall have no liability to You or any other person for the loss, damage, or destruction of any of Your content. The services offered by LankaHostMaster are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. LankaHostMaster shall have no liability to You or any other person for Your use of LankaHostMaster products and/or services in violation of these terms.
LankaHostMaster provides some third-party software to You for easier account management including but not limited to cPanel, Softaculous, etc. Such software is provided on an as-is available basis. We do not guarantee that any specific results can be obtained by using such software. LankaHostMaster does not take responsibility for any faults in such software functioning.
You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by LankaHostMaster. Your use of any third-party software is at Your own risk. LankaHostMaster cannot be responsible for any third-party software performance and provides no guarantees that its use will result in any particular outcome or result. LankaHostMaster will have no liability or responsibility for any damage, loss of data, loss of use, or other loss occurring in connection with Your use of third party software or products.
You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup unless otherwise agreed in writing.
LankaHostMaster provides some third-party software to You for easier account management including but not limited to cPanel, Softaculous, etc. Such software is provided on an as-is available basis. We do not guarantee that any specific results can be obtained by using such software. LankaHostMaster does not take responsibility for any faults in such software functioning.
You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by LankaHostMaster. Your use of any third-party software is at Your own risk. LankaHostMaster cannot be responsible for any third-party software performance and provides no guarantees that its use will result in any particular outcome or result. LankaHostMaster will have no liability or responsibility for any damage, loss of data, loss of use, or other loss occurring in connection with Your use of third party software or products.
You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.
LankaHostMaster explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by LankaHostMaster; (ii) establish limits and guidelines concerning the use of LankaHostMaster services and/or products; (iii) terminate Your use of LankaHostMaster services and/or products for use of LankaHostMaster services and/or products to unnecessarily or illegally harass LankaHostMaster or third parties, non-payment of fees for LankaHostMaster services and/or products, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of LankaHostMaster, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that LankaHostMaster determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of LankaHostMaster services and/or products if Your use of LankaHostMaster services and/or products may results in, results in, or is the subject of, legal action or threatened or proposed legal action, against LankaHostMaster or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and (v) terminate Your use of LankaHostMaster services and/or products at any time and for any reason if deemed reasonably necessary by LankaHostMaster. LankaHostMaster has no obligation to monitor Your use of LankaHostMaster services and/or products but reserves the right in its sole discretion to do so.
Right of Refusal. LankaHostMaster has the right to refuse services to anyone at Our discretion.
The services offered by LankaHostMaster are being provided on an “AS IS” and LankaHostMaster expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, and non-infringement, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, LankaHostMaster expressly does not warrant that LankaHostMaster services and/or products will meet Your requirements, function as intended, or that the use of the provided Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error-free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from LankaHostMaster shall create any warranty not expressly made herein. You agree that LankaHostMaster will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of god; (v) data non-delivery, mis delivery, corruption, destruction or other modification; (vi) events beyond the control of LankaHostMaster; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.
Information obtained by you from the internet may be inaccurate, offensive, or in some cases illegal. LankaHostMaster has no control over information contained on the Internet and accepts no responsibility for any information that you may receive or transmit via the Internet. You accept full responsibility to verify the truth and accuracy, legality, and ownership of the information that you disseminate or display in connection with your use of the Services of obtain from the Internet. You agree that LankaHostMaster has no obligation to back up any data related to your website.
You attest that you are of legal age (18 or over) to enter into this Agreement. We reserve the right to terminate an agreement with anyone under the age of 18 years.
If you are a registered customer and have access to our Client Area (https://client.brixly.uk) then the fastest way to get in touch is by logging in and browsing to ‘Open Ticket’ – from here, you will be able to open a ticket to the department most suitable for your inquiry.
If you would like to contact us but do not have access to the client area (either because you are not yet a customer or because you are locked out for any reason), then you can contact us via any of the following methods…
Emails will be responded to within 48 hours.
For any of the above – you may also contact us by phone at (+94) 715 665 665 (Weekdays)
Please note that complaints should be provided in writing to [email protected] – a confirmation of receipt will be provided in 1 working day.
If you are unhappy with the outcome of your complaint, you may ask for this to be reviewed or to receive a second opinion. This will then be reviewed by another senior member of the team.
Please use [email protected] to contact us for any domain name-related queries you may have, including complaints and instances of domain name abuse; you should expect to receive a response within one working day.
The objective of this SLA is to document the availability of the Service that LankaHostMaster.lk is to achieve. This does not constitute any additional liability to LankaHostMaster.lk, but instead a self-assumed obligation towards the Client. Under the conditions below LankaHostMaster.lk offers to pay the Client service credits if the availability defined below is not met.
LankaHostMaster.lk shall guarantee the availability will be 99.9% in any calendar month, subject to exclusions as defined below. If LankaHostMaster.lk fails to meet this guarantee a credit shall be available to the Client as defined below.
The availability calculation shall exclude periods when outages arise from, or are otherwise indirectly caused by:
– Outage periods due to any cause other than faults by LankaHostMaster.lk, including faults or negligence of the Client or problems associated with equipment connected on the Client’s side of LankaHostMaster.lk delivery point,
– In case the Client’s equipment should cause negative effects on the performance, quality, and/or operation of the LankaHostMaster.lk Network, LankaHostMaster.lk will proceed to disconnect the link, for benefit of the rest of the users of the LankaHostMaster.lk Network. This disconnection won’t be cause of penalty under the SLA. LankaHostMaster.lk will notify the Client as soon as possible about this issue in order for the Client to repair the problems.
– Outage periods reported by the Client in which no fault is observed or confirmed by LankaHostMaster.lk,
– Any fault period during which service is suspended under provision in this Agreement,
– The Client requesting LankaHostMaster.lk to upgrade the capacity of the service, if this operation results in an outage.
– During Scheduled Maintenance affecting the Services as defined above.
– Performance degradations and service loss due to Denial of Service attacks or other unlawful attacks generated inside the Client’s network or executed against users inside the Client’s network or the Client network infrastructure, will be excluded from SLA calculation as it is within the Client’s responsibility to put in place the relevant protection mechanisms inside its network to protect itself and its clients.
Neither Party will be obliged to carry out any obligation under this Agreement where the performance of the such obligation is prevented by the occurrence of a Force Majeure Event. No commitment from LankaHostMaster.lk applies in case of Force Majeure.
Should the Client not have access to the Services as defined above, LankaHostMaster.lk shall credit the client as follows:
| <100% and > 99.8% | 5% of monthly cost, applicable as credit |
| 95% to 99.8% | 10% of monthly cost, applicable as credit |
| 90% to 94.9% | 25% of monthly cost, applicable as credit |
| 60% to 89.9% | 40% of monthly cost, applicable as credit |
| < 60% | A maximum of 100% monthly credit |
The credit applies to the contracted service. The Client shall not be entitled to any credits under this SLA if any payment of the price for the Services is overdue under the terms of this Agreement. The credit shall be made for the element of the Services that were not available, it will not be made for the whole service. (E.G. If a dedicated server and backup service are ordered, but the backup service is not available for a period of time, the credit will be calculated based on the price of the backup service, not the combined price of the dedicated server and backup service.) Any credit is subject to the Client notifying LankaHostMaster.lk within 7 days in writing. This Client agrees the service credits due under this SLA are its sole remedy against LankaHostMaster.lk for any non-availability of the Services.
Premium Hosting / Premium Reseller SLA
LankaHostMaster.lk shall guarantee the availability will be 99.95% in any calendar month, subject to exclusions as defined in the general SLA terms above. If LankaHostMaster.lk fails to meet this guarantee a credit shall be available to the Client as defined below.
| <100% and > 99.8% | 10% of monthly cost, applicable as credit |
| 95% to 99.8% | 20% of monthly cost, applicable as credit |
| 90% to 94.9% | 40% of monthly cost, applicable as credit |
| 60% to 89.9% | 70% of monthly cost, applicable as credit |
| < 60% | A maximum of 100% monthly credit |
The credit applies to the contracted service. The Client shall not be entitled to any credits under this SLA if any payment of the price for the Services is overdue under the terms of this Agreement. The credit shall be made for the element of the Services that were not available, it will not be made for the whole service. (E.G. If a dedicated server and backup service are ordered, but the backup service is not available for a period of time, the credit will be calculated based on the price of the backup service, not the combined price of the dedicated server and backup service.) Any credit is subject to the Client notifying LankaHostMaster.lk within 7 days in writing. This Client agrees the service credits due under this SLA are its sole remedy against LankaHostMaster.lk for any non-availability of the Services.
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