Welcome to the shared hosting services provided by Win Innovative Solutions (Private) Limited. under our brand name Win Authority (collectively “Services” or "the Services"). These terms govern your access and use of the Services provided by Win Innovative Solutions (Private) Limited. under our brand name Win Authority (collectively “we”, “us”, or “our”). Please read these Terms carefully before accessing or using the Services.
By signing up, or accessing the Services, you acknowledge that you have read and understood, and agree to be bound by these terms. You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these terms on your behalf). If you do not agree to these terms, you are not permitted to use the Services. These terms have the same force and effect as an agreement in writing.
If you wish to contact us, have a complaint, or are required to give us notice you can send this to us here or via email, firstname.lastname@example.org. If we have to contact you or give you notice in writing, we will do so by email or post to any (email) address you provide to us.
The initial service term of this agreement shall begin on the date that we generate an e-mail message announcing the activation of the account (the “Service Commencement Date”) and shall continue either monthly, semi-annually, or annually depending on the term picked by the customer.
2. TERMINATION AND REFUNDS
We reserve the right to cancel any service provided at any time. In this event, customers will be entitled to a refund based upon the remaining period of service.
The customer agrees to submit all cancellations at least 24 hours prior to the next billing date of the service. The only acceptable methods of cancellation are
A cancellation request submitted via the service in the client area
A ticket submitted via the client area.
3. CONTENT RESTRICTIONS
We do not allow the use of its services for illegal activities. This includes hosting of copyrighted material, nulled scripts, or anything that is listed on our Acceptable Use Policy (AUP). The customer is required to make sure all the content that is available on the customer's hosting comply with our AUP. If a customer fails to comply with our AUP a suspension leading up to termination will be imposed on the Service.
Furthermore, the customer is solely responsible for all files on their site including any uploaded from compromised or hacked scripts. It is the responsibility of the customer to make sure the permissions on their files are set correctly and all scripts in use are up to date with the latest patches.
Fees are payable within the first five (5) days of the billing cycle. The customer’s billing cycle shall be monthly, semi-annually, or annually as indicated in their order, beginning on the service commencement date.
If the order provides for credit/debit card billing, the customer authorizes us to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the term of this agreement; otherwise, we will invoice the customer via electronic mail to the primary customer contact listed in the order.
Invoiced fees may be issued on or before the first day of each billing cycle, and the fees shall be due no later than seven (7) days after the due date, but in no event earlier than the first day of each billing cycle. We may suspend the service without notice if payment for the service is overdue. The customer agrees to pay Win Authority's reasonable reinstatement fee following a suspension of service for non-payment.
The customer agrees to bear a 3.9% and LKR 39.00 addition if the customer makes the payment through our available online payment method.
4.1 FEE INCREASES
We may increase our fees for the services effective from the first day of a renewal term by giving notice to the customer of the new fees at least forty-five (45) days prior to the beginning of the renewal term, and if the customer does not give notice of non-renewal as provided in Section 2 above, the customer shall be deemed to have accepted the new fee for that renewal term and any subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term).
4.2 EARLY TERMINATION
The customer acknowledges that the amount of the fee for the service is based on the customer’s agreement to pay the fee for the entire initial term or renewal term, as applicable. In the event that we terminate the agreement for customer’s breach of the agreement in accordance with Section 9, or the Customer terminates the service other than in accordance with Section 9, the unpaid fees for each billing cycle remaining in the initial term or then-current renewal term, as applicable, are due on the business day following termination of the Agreement.
4.2 LATE PAYMENTS
In the event that the due invoice is not paid five (05) days after the due date and before the service is terminated, the customer agrees to pay a 10% late fee of the total due amount of the invoice.
4.3 TERMINATION OF SERVICE
In the event that the due invoice is not paid within fourteen (14) days of the due date, Win Authority reserves the right to terminate the customer's account, including the services and the data hosted in it. Win Authority will not be able to recover the files that have been terminated nor are liable for any inconvenience.
5. LAW / AUP
Customer agrees to use the service in compliance with applicable the law and our Acceptable Use Policy posted at https://www.winauthority.host/acceptable-use-policy/ (the “AUP”), which is hereby incorporated by reference in this agreement. Customer agrees that we may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on customer’s use of the services. Any amendments done to the AUP will be notified via electronic mail.
The customer agrees to cooperate with our reasonable investigation of any suspected violation of the AUP. In the event of a dispute between us and the customer regarding the interpretation of the AUP, our commercially reasonable interpretation of the AUP shall govern.
Customer agrees to indemnify and hold harmless Win Authority and each of our respective officers, directors, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of customer’s services in violation of applicable law or the AUP by the customer or any person using customer’s login information, regardless of whether such person has been authorized to use the services by the customer.
7. DISCLAIMER OF WARRANTIES
Win Authority DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW Win Authority DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS. Win Authority DOES NOT GUARANTEE THE SECURITY OR BACK-UP(S) OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.
8. LIMITATION OF DAMAGES
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF Win Authority AND ANY OF ITS EMPLOYEES UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR FIVE MONTHS OF SERVICE.
9. SUSPENSION / TERMINATION
9.1. SUSPENSION OF SERVICE
The customer agrees that we may suspend the Service to the customer without notice and without liability if:
(i) Win Authority reasonably believes that the services are being used in violation of the AUP.
(ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP.
(iii) Win Authority reasonably believes that the suspension of service is necessary to protect its network or its other customers, or as requested by law enforcement or regulatory agency.
9.2. TERMINATION OF SERVICE
The Agreement may be terminated by Customer prior to the expiration of the initial term or any renewal term without further notice and without liability if we fail in a material way to provide the service in accordance with the terms of the Agreement and does not resolve the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The agreement may be terminated by us prior to the expiration of the initial term or any renewal term without further notice and without liability as follows:
(i) Customer materially violates any other provision of the agreement, including the AUP, and fails to resolve the violation within seven (7) days of a written notice from us describing the violation in reasonable detail;
(ii) Upon one (1) day notice if Customer’s service is used in violation of a material term of the AUP more than once,
10. REQUEST FOR CUSTOMER INFORMATION
The customer agrees that we may, without notice to the Customer,
(i) Report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end-users that Win Authority believes violates applicable law.
(ii) Provide any information that we have about the Customer or any of its customers or end-users in response to a formal or informal request from law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
11. BACKUP POLICY
The customer agrees to maintain a current copy of all content hosted at Win Authority notwithstanding any agreement by us to provide backup services.
12. ABUSIVE BEHAVIOR
At Win Authority we do not tolerate abusive behavior toward our company or staff. If a customer continues to act in an abusive way towards our staff or company after a warning all active services will be suspended and communication with the customer terminated without refund.
13. SPAM / MASS EMAIL POLICY
Under no circumstance may any of our services be used to send unsolicited emails. Mass Emailing is strictly forbidden for any purpose without prior approval by a senior administrator. Any user found to violate this policy will have their service suspended or terminated without notice.
14. CHANGES TO WIN AUTHORITY'S NETWORK
Upgrades and other changes in Win Authority's network, including, but not limited to changes in our software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. We reserve the right to change our network at its commercially reasonable discretion, and we shall not be liable for any resulting harm to the Customer.
15. FORCE MAJEURE
Win Authority shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Win Authority’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trademark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. The terms on the Customer’s purchase order or other business forms are not binding on Win Authority unless they are expressly incorporated into a formal written agreement signed by both parties. The customer may not transfer the Agreement without Win Authority's prior written consent.
This Agreement together with the Order, our General Terms and Conditions and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replaces any prior understanding or communication, written or oral.