You should print a copy of these terms and conditions for future reference.
References to “You” and “Your” shall be to you as the customer. References to “We”, “Our” and “Us” shall be to W3DATA TECHNOLOGIES LLC
Information About Us
W3DATA is a Cloud, IT Infrastructure and System security solutions provider that provides a variety of personal, business and corporate solutions to entities of all sizes. Founded in 2012, W3DATA connects thousands of businesses to the internet, with our services ranging from Cloud Servers to IAAS, PAAS and SAAS Solutions, with all our servers and network extent across four Continents NORTH-AMERICA, EUROPE, Australia, and ASIA. W3DATA provides a reliable local alternative to your online business needs.2.1 We provide the following services:
Domain Name
Dedicated Servers
Cloud Hosting
cPanel Hosting
Windows Hosting
Reseller Hosting
Linux VPS
Windows VPS
Dedicated Servers
SmaterTool Licenses
Veeam Licenses
Backup Plans
SSL Certificate
each one being a (“Service”) and more than one being the (“Services”)
Your status
3.1 By placing an order through Our website (“Order”) and opening an account with Us (“Account”), You warrant that:
3.1.1 You are legally capable of entering into binding contracts; and
3.1.2 If you are an individual, you are at least 18 years old.
How the contract is form between You and Us
4.1 After placing an order, You will receive an e-mail from Us acknowledging that We have received Your order. Please note that this does not mean that Your order has been accepted. Your order constitutes an offer to Us to buy a Service. All orders are subject to acceptance by Us, and We will confirm such acceptance to You by sending You an e-mail that confirms that the Service(s) will be provided (Service Confirmation). The contract between Us (Contract) will only be formed when We send You the Service Confirmation.4.2 The Contract will relate only to those Services whose supply We have confirmed in the Service Confirmation. We will not be obliged to supply any other Services which may have been part of Your order until the provision of such Services has been confirmed in a separate Service Confirmation.
Availability and delivery
5.1 Access to the Services will be provided by the go-live date set out in the Service Confirmation or, if no go-live date is specified, then within a reasonable time of the date of the Service Confirmation, unless there are exceptional circumstances.Backup, archiving and recovery services
6.1 Any back up services shall be undertaken using R1Soft’s,Veeam and VPS Automated backup Continuous Data Protection (CDP).
6.2 If You require bespoke back up services, We shall develop a back-up schedule with You.
6.3 Where You do not order our Offsite backup (Back Up Services), We will use reasonable efforts to protect and backup data on a regular basis, however We do not guarantee the existence, accuracy or regularity of the backups we maintain and You are solely responsible for making Your own data backup arrangements through our offsite backup service or through your own backup solution. You further acknowledge that data to be backed up will not include media files such as mp3, mpeg, wmv or other video/audio files. Where You do order our (Offsite Back Up Service) We shall provide the level of backup described in relation to the particular level which You chose.
Quality of services
7.1 We warrant that:7.1.1 We will perform the Services with reasonable care and skill and in accordance with generally recognised commercial practices and standards;
7.1.2 the Services will conform with all descriptions and specifications detailed on Our website;
7.1.3 the Services will be provided in accordance with all applicable legislation from time to time in force; and
7.1.4 the Services shall conform with the relevant (Service Level Agreements).
7.2 Your rights under this agreement are in addition to the statutory terms implied in favour of the Customer by the Consumer Protection Act No.01 of 1979 and any other statute.
Price and payment
8.1 The price of the Services will be as quoted on Our website from time to time, except in cases of obvious error.8.2 Service prices include VAT. However, if the rate of VAT changes between the date of Your order and the date You are charged for the Services, We reserve the right to adjust the VAT You pay to the then applicable rate of VAT, unless You have already paid for the Services in full before the change in VAT takes effect.
8.3 Service prices are liable to change at any time, but changes will not affect orders in respect of which We have already sent You a Service Confirmation.
8.4 Our website contains a large number of Services and it may be possible that, despite Our best efforts, some of the Services listed on Our website may be incorrectly priced due to price revisions we undertake. We will normally verify prices as part of Our Service Confirmation procedures so that, where a Service’s correct price is less than Our stated price, We will charge the lower amount when providing the Service to You. If the Service’s correct price is higher than the price stated on Our website, We will normally, at Our discretion, either contact You for instructions before providing the Service, or reject YOur order and notify You that We are rejecting it.
8.5 If the pricing error is obvious and unmistakable and could have reasonably recognised by You as an error, We do not have to provide the Services to You at the incorrect (lower) price.
8.6 Payment for all Services must be by Bank account transfer, credit or debit card. We accept most credit cards and debit cards like MasterCard, Visa, American Express, Discover, and Visa Electron. We will not charge Your credit or debit card until We dispatch Your order.
8.7 License costs of all third party applications and software offered with our plans are subject to change without written intimation.
8.8 W3DATA reserves the right to pass on any additional charges/price increases as a result in price changes from third party software and license vendors irrespective of the hosting cycle.
Our refunds and cancellation policy
9.1 You may within 7 calendar days of placing an Order amend or cancel an Order by providing Us with written notice. If You amend or cancel an Order, Your liability to Us shall be limited to payment to Us of all costs We reasonably incur in fulfilling the Order until We receive Your amendment or cancellation. However, where the amendment or cancellation is due to Our failure to comply with these Terms and Conditions You shall have no liability to Us for it.9.2 All customers are entitled to benefit from Our 30 day money back guarantee in respect of the following services:
9.2.1 Shared Hosting
9.2.2 Reseller Hosting
9.2.3 Cloud Hosting
9.2.4 Semi-dedicated Hosting
9.2.5 VPS Solutions
except for customers who have already benefitted from Our money back guarantee who subsequently re-order the same service and provided that in all cases, in respect of any usage made of the Service(s) during the 30 day period, a pro rata amount shall be deducted from the refund. The 30 day period commences on the date You first use the relevant Service or the date We state that the relevant Service will be available in the Service Confirmation, whichever is earlier.
9.3 There will be no refunds for new domain registrations, ID Protect, WHM/CPanel, Plesk VPS & Dedicated Bare-Metal Servers, Virtuozzo, SpamExperts, SSL Certificates
9.4 We cannot guarantee any domain You pre-order will be successfully registered as and when it becomes available for registration. If We are unable to register any pre-ordered domain name, We will provide a full refund in the form of account credit after the domain extension becomes available to the public.
9.5 If a refund which is requested by the Customer is to an international bank account outside of the Sri Lanka, the Customer agrees to bear any and all charges incurred to us for the payment transfer. The amount which the Customer owes us shall be deducted from the total refund amount.
9.6 In case of shared hosting account cancellation, the charges for free domain will be deducted from the amount to be refunded (if any). Domain will be free only for the initial first year in case of gTLDs and 2 years in case of LK.CTLDs. Renewal charges will have to be paid as applicable at the time of renewal. Applicable TLDs covered under free domain registration/transfer offer are .com, .net, .org, .biz, .info, .eu, .co.uk, .org.uk, .me.uk.
Domain Names
10.1 This Clause 10 applies to any domain names purchased by You from Us (“Domains”).10.2 All Domains shall be registered through only by our company domain registration portal. Notwithstanding this Clause 10.2 You irrevocably agree that We may release Your name and contact details to any relevant register or legal or governmental body requesting the same. For the avoidance of doubt, such release shall be at Our discretion and no suspicion of illegal use by You of the Domain is necessary.
10.3 You undertake to comply with the content standards set out in our Acceptable Use Policy in respect of any material posted on or associated with any Domain.
10.4 Where ICANN and/or Whois, or any replacement body of the same (or where the Domain is registered with a registrar in a different jurisdiction, any equivalent body or registrar), makes any complaint in respect of the use of the Domain name including but not limited to ‘cybersquatting’, We reserve the right to immediately cancel this service and no refunds shall be made.
10.5 You will at all times comply with the terms and conditions (from time to time subsisting) applying to the registration of domain names published by the relevant naming authority (including the domain dispute resolution policy of that authority) and any other authority having similar force.
10.6 We reserve the right to change the registrar that a Domain is held with at our discretion and without notice to you.
10.7 You agree and acknowledge that we may make the details provided by you to us in relation to any Domain available to ICANN, NIC.LK or any other appropriate registration authority, the registry administrators, and other third parties as applicable laws may require or permit including the police or other enforcement authority.
10.8 “Due to a legal agreement between TWOCOWS INC, our tire one domain registrar, and Legit Script, customers should be aware that the domains purchased with the intent of selling prescription drugs, via a company not properly licensed in the destination country, could be frozen pending a legal appeal. W3DATA has no control over this process and disputes will need to be handled through the proper legal channels in the disputed country.”
10.9 All domains ending .LK are registered through NIC.LK and in addition are subject to NIC.LK terms and conditions located at https://www.nic.lk/index.php/policies-procedures/domain-registration-policy
Hosting Services
11.1 If you have ordered any Hosting Services from Us, You shall comply with Our Hosting Services Terms and Conditions, which shall apply in addition to these Terms and Conditions.11.2 Where a conflict, discrepancy or confusion arises between these Terms and Conditions and the Hosting Services Terms and Conditions, the Hosting Services Terms and Conditions shall prevail in respect of any Hosting Services.
11.3 You agree and understand that the maximum size of a single MS SQL database will not exceed 400 MB irrespective of the web space allocated to the hosting account and that the size of each mailbox will be limited to 500 MB on all our Windows Shared and Reseller hosting services.
Bandwidth
12.1 Where part of the Services purchased includes internet connectivity, such connectivity shall be provided through an internet service provider at the hosting facility. The connectivity shall include multiple, diversely routed high-speed connections, a firewall for security and a load balancer for traffic management and speed optimization.12.2 We shall supply burstable bandwidth connectivity services. The connectivity shall include multiple connections and a network operations center that monitors servers, the network platform and internet access.
12.3 If your account exceeds the bandwidth limit, we will inform you. If you do not wish to purchase extra bandwidth or upgrade your account and continue to exceed the limit, Your account shall be suspended until You demonstrate to Us that You have taken measures to ensure that the limit won’t be exceeded again or upgrade Your account, whichever is earlier. Any re-activation will be made in the following month.
Proprietary Rights
13.1 You acknowledge and agree that We and/or Our licensors own all intellectual property rights in the Services and any related Software provided in respect of the same. Except as expressly stated herein, these terms and conditions do not grant You any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Software, Services or any related documentation.13.2 We confirm that We have all the rights in relation to the Software that are necessary to grant all the rights We purport to grant under, and in accordance with, the terms of this agreement.
Confidentiality
14.1 Confidential Information shall not be deemed to include information that:14.1.1 Is or becomes publicly known other than through any act or omission of the receiving party; or
14.1.2 Was in the other party’s lawful possession before the disclosure; or
14.1.3 Is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or
14.1.4 Is independently developed by the receiving party, which independent development can be shown by written evidence; or
14.1.5 Is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
14.2 Each party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party, or use the other’s Confidential Information for any purpose other than the implementation of this agreement.
14.3 Each of us shall take all reasonable steps to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this agreement.
14.4 Each of us shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.
Termination
15.1 Without limiting our other rights or remedies, We may terminate Your Account with Us immediately if:15.2.1 You commit a material breach of these Terms and Conditions or any of the other terms and conditions or policies referred within these Terms and Conditions;
15.2.2 You (being a company) commence negotiations with all or any class of Your creditors with a view to rescheduling any of Your debts, or You make a proposal for or enter into any compromise or arrangement with Your creditors other than except for the sole purpose of a scheme for a solvent amalgamation with one or more other companies or the solvent reconstruction;
15.2.3 a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with Your winding up other than for the sole purpose of a scheme for a solvent amalgamation with one or more other companies or solvent reconstruction (You being a company);
15.2.4 a creditor or encumbrance attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, You or the whole or any part of Your assets and such attachment or process is not discharged within [14] days;
15.2.5 (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over You.
15.2.6 (being a company) a floating charge holder over Your assets has become entitled to appoint or has appointed an administrative receiver;
15.2.7 A person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets;
15.2.8 any event occurs or proceeding is taken in any jurisdiction that has an effect equivalent or similar to any of the events mentioned in 15.2.1 to 15.2.7 (inclusive);
15.2.9 You suspend or cease, or threaten to suspend or cease, to carry on all or a substantial part of Your business; or
15.2.10 You (being an individual) die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing Your own affairs or You become a patient under any mental health legislation.
15.3 Without limiting Our other rights or remedies, We may terminate Your Account with immediate effect by giving written notice to You if the You fail to pay any amount due from You to Us.
15.4 Without limiting Our other rights or remedies, We shall have the right to terminate the Contract by giving the other party [NUMBER] months’ written notice.
15.5 We reserve the right to terminate any account where the account holder advises that they have or are about to initiate legal proceedings against W3DATA. Notice will be given advising the scheduled termination date, allowing clients to move to a new provider and take any backups. The previous months refund will also be refunded upon termination.
Consequences of termination
On termination of the Contract for any reason:16.1 You shall immediately pay to Us all outstanding unpaid invoices and interest and, in respect of Services supplied. Where no invoice has been submitted, We shall submit an invoice, which shall be payable by You immediately on receipt;
16.2 You shall return any hardware or other equipment provided to You by Us which have not been fully paid for. If You fail to do so, then We may enter Your premises and take possession of them. Until they have been returned, You shall be solely responsible for their safe keeping and will not use them for any purpose not connected with the Services;
16.3 the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of these Terms and Conditions which existed at or before the date of termination or expiry; and
16.4 clauses which expressly or by implication have effect after termination shall continue in full force and effect.
Limitation of liability
17.1 This clause 17 sets out Our entire financial liability (including any liability for the acts or omissions of Our employees, agents and sub-contractors) to You in respect of:17.1.1 any breach of these Terms and Conditions;
17.1.2 any use made by You of the Services or any part of them; and
17.1.3 any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
17.2 Except as expressly and specifically provided in these Terms and Conditions:
17.2.1 You assume sole responsibility for results obtained from the use of the Services and/or any related software by You, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to You in connection with the Services, or any actions taken by Us at Your direction; and
17.2.2 all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement.
17.3 Nothing in these Terms and Conditions excludes Our liability for:
17.3.1 for death or personal injury caused by Our negligence; or
17.3.2 for fraud or fraudulent misrepresentation.
17.4 The applicable Service Level Agreement to Your Services states Your full and exclusive right and remedy, and Our only obligation and liability in respect of, the performance and/or availability of the Service, or their non-performance and non-availability.
17.5 Subject to clause 17.3, if We fail to comply with these terms and conditions, We shall only be liable to You for the purchase price of the Services.
17.6 Subject to clause 17.3, We will not be liable for losses that result from Our failure to comply with these terms and conditions that fall into the following categories even if such losses result from Our deliberate breach:
17.6.1 loss of income or revenue;
17.6.2 loss of business;
17.6.3 loss of profits;
17.6.4 loss of anticipated savings;
17.6.5 loss of data; or
17.6.6 waste of management or office time.
However, this clause 17.6 will not prevent claims for loss of or damage to Your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories 17.6.1 to 17.6.6 inclusive of this clause 17.6.
17.7 Subject to clause 17.3 We shall not be liable for any loss arising as a consequence of:
17.7.1 loss of material uploaded (unless such loss is as a result of the failure of Backup Services purchased from us;
17.7.2 incompatibility of the Services with any of Your equipment, software or telecommunications links;
17.7.3 technical problems including errors or interruptions of the Services;
17.7.4 unsuitability, unreliability or inaccuracy of the Services;
17.7.5 computer viruses of any kind obtained from You in the course of using the Services;
17.7.6 any security breaches whatsoever affecting the Customer’s Account.
17.8 Subject to Clause 17.3, Our liability to You in contract, tort, negligence or otherwise arising out of or in connection with the Services shall for any one incident or series of related incidents shall be limited to the annual fees paid by You to us in the year in which the liability first arose. No liability whatsoever will be accepted by us unless and until You have provided documentary evidence to Our satisfaction proving that loss has occurred.
17.9 We exclude all liability of any kind in respect of any material on the internet posted by means of the Services and We are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Services or on the internet, the accuracy, completeness or suitability for any purpose of any website content and the acts or omissions of other providers of telecommunications or internet services (including domain name registration authorities) or for faults in or failures of their equipment.
Import duty
18.1 If You order Services from Our website which are to be used or accessed outside of the Sri Lanka, they may be subject to import duties and taxes which are levied when the Services are provided to You. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact Your local customs office for further information before placing Your Order.18.2 Please also note that You must comply with all applicable laws and regulations of the country for which the Services are used or made available. We will not be liable for any breach by You of any such laws.
Written Communications
19.1 Applicable laws require that some of the information or communications We send to You should be in writing. When using Our website, You accept that communication with Us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on Our website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.Notices
20.1 All notices given by You to Us must be given to W3 DATA TECHNOLOGIES LLC. We may give notice to You at either the e-mail or postal address You provide to Us when placing an order, or in any of the ways specified in clause 19 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.SMS notifications service
20.2 If you subscribe to receive SMS notifications from us, you may receive promotional messages from us from time to time. Any such marketing messages are strictly in relation to our own products and services, and are not sent by or on behalf of any third party. You will not receive more than one (1) marketing SMS per week. We will never disclose your phone number onto any third party. You can unsubscribe from receiving SMS notifications at any time via the W3DATA.CLOUD Client Area.Events outside of our control
21.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms and Conditions that is caused by events outside Our reasonable control (Force Majeure Event).21.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:
21.2.1 strikes, lock-outs or other industrial action;
21.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
21.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
21.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
21.2.5 impossibility of the use of public or private telecommunications networks;
21.2.6 the acts, decrees, legislation, regulations or restrictions of any government; and
21.2.7 pandemic or epidemic.
21.3 Our provision of the Services is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period.
Waiver
22.1 If We fail, at any time during the term that We provide the Services, to insist upon strict performance of any of Your obligations under these Terms and Conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under these Terms and Conditions, this will not constitute a waiver of such rights or remedies and will not relieve You from compliance with such obligations.22.2 A waiver by Us of any default will not constitute a waiver of any subsequent default.
22.3 No waiver by Us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with clause 20 above.
Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)
23.1 You agree and understand that spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your Account for immediate deactivation with no refund. W3DATA would be the sole arbiter as to what constitutes a violation of this Clause.23.2 You agree and understand that we have set a limit of 300 outgoing emails per hour on shared and reseller hosting, 500 outgoing emails per hour on VPS Hosting, 1000 outgoing emails per hour on Cloud Hosting and 3600 outgoing emails per hour on Dedicated Hosting to avoid any sort of email spamming from our servers. Customers cannot send more than the specified number of emails in an hour irrespective of the size of their mailing lists.
Severability
24.1 If any court or competent authority decides that any of the provisions of these Terms and Conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.Entire agreement
25.1 These Terms and Conditions, Your Order, Our Acceptable Use Policy, Our Privacy Policy and any document expressly referred to in any of the aforementioned constitute the whole agreement between Us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between Us relating to the Services.Our right to vary these terms and conditions
each one being a (“Service”) and more than one being the (“Services”)Law and jurisdiction
27.1 These Terms and Conditions and the documentation referred to herein, the purchase of Services through Our website and any dispute or claim arising out of or in connection with the same or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with these Terms and Conditions or the formation of the contract between Us (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
W3DATA offers
28.1 Offer valid for new orders only and not for subsequent renewals (unless stated so).
28.2 The Offer is limited for a duration of 1 month unless stated otherwise.
28.3 The offer of Free Domain would be valid for the following extensions only : .com, .net, .org, .biz, .info, .eu, .co.uk, .org.uk or .me.uk; renewals need to be paid at the full rate.
28.4 A Domain once registered cannot be cancelled or transferred to any other registrar, the domain will be locked.
28.5 If a domain name is purchased via a promotional campaign, during that campaign, a limit of 20 domains is available to be purchased per person. We reserve the rights to refuse orders should we deem necessary.
Company information
W3 DATA TECHNOLOGIES LLC, a company Registered in State of Arizona . Our registered office address is W3 DATA TECHNOLOGIES LLC, 1846 East Innovation Park Drive, 1023 ,Oro Valley, Arizona,85755,USA. Please be advised all visitors are required to book in advance of visiting our office.If you would like to get in touch with us, please write to us at the address above or by calling +1 480 210 1241 . Alternatively, please e-mail us on support@w3data.cloud.
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