By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
|1. Permission is granted to temporarily download one copy of the materials (information or software) on Smart eDesigners’
web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
|i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on Smart eDesigners’ web site;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or “mirror” the materials on any other server.
|2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Smart eDesigners at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.|
The materials on Smart eDesigners’ web site are provided “as is”. Smart eDesigners makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non – infringement of intellectual property or other violation of rights. Further, Smart eDesigners does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Smart eDesigners or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Smart eDesigners’ Internet site, even if Smart eDesigners or a Smart eDesigners authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Smart eDesigners’ web site could include technical, typographical, or photographic errors. Smart eDesigners does not warrant that any of the materials on its web site are accurate, complete, or current. Smart eDesigners may make changes to the materials contained on its web site at any time without notice. Smart eDesigners does not, however, make any commitment to update the materials.
Smart eDesigners has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Smart eDesigners of the site. Use of any such linked web site is at the user’s own risk.
version of these Terms and Conditions of Use.
8. Notice Of Termination
If the Client does not supply the required materials (text and graphics content) within 45 days of the effective date of start the website development project, then Smart eDesigners ask the Client to terminate the Project.
In the event the Client defaults to project termination, the Client will not be entitled to a refund of any kind. However, the Client will be entitled to all website files, regardless to their state of completeness after settle the total project cost within 7 working days starting from the Date of Notice of Termination (NOT).
Smart eDesigners will remove all copies of the Content from servers within its control and use reasonable efforts to remove any references to Customer or the Content from any site which caches, indexes or links to the Website.
9. Intellectual Property & Copyright
All created artwork, files, code and documents remain the property of Smart eDesigners until the complete payment for the project has been received. You are not to use or recreate any artwork, concepts, code and documents given to you by Smart eDesigners during the project until the full payment as agreed to on the quote has been paid.
10. Governing Law
Any claim relating to Smart eDesigners’ web site shall be governed by the laws of the government of Sri Lanka without regard to its conflict of law provisions.
|1. Customer will provide Smart eDesigners Web Hosting with material and data in a condition that is “server-ready”, which is in a form
requiring no additional manipulation on the part of Smart eDesigners Web Hosting. Smart eDesigners Web Hosting shall make no effort
to validate this information for content, correctness or usability.
|2. Use of Smart eDesigners Web Hosting’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software.
This level of knowledge varies depending on the anticipated use and desired content of Customer’s Webspace by the Customer.
|3. The following examples are offered:|
requires knowledge of HTML, properly locating and linking documents, FTPing Webspace contents,
Graphics, text, Sound, image mapping, etc.CGI-Scripts:
requires knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
|4. The Customer agrees that he or she has the necessary knowledge to create Customer’s Webspace. Customer agrees that it is not the responsibility of Smart eDesigners Web Hosting to provide this knowledge or Customer Support outside of the defined service of Smart eDesigners Web Hosting.|
|5. Smart eDesigners Web Hosting will exercise no control whatsoever over the content of the information passing through the network.|
|6. The customer agrees that no content related to porn, nudity, personal harassment, drugs excluding medicine, weapons and religious and racial
discrimination will not be published on our servers. Doing so will result in account termination without refund.
|7. The customer agrees to make use of Smart eDesigners Web Hosting servers primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose. Smart eDesigners Web Hosting servers are not intended as a data backup or archiving service. Smart eDesigners Web Hosting reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the backups/archives at their discretion. If you exceed your allocated transfer bandwidth for a month, you will be billed at the rate of LKR 10.00 per additional 1MB.|
i. Smart eDesigners reserves the right to suspend or cancel an account without notice or refund if it deems, in its sole discretion that the customer has failed to comply with the Terms of Service or the Acceptable Use Policy.
ii. Non-payment of service will result in a notification on non-payment being sent to the administrative email address for the account.
iii. If payment has not been received within 15 days of it being due the customer’s account will be suspended until payment is received.
iv. If payment has not been received within 45 days of it being due the customer’s account will be cancelled.
v. Once an account is cancelled, Smart eDesigners is not responsible for the integrity of data associated with that account.
|9. Servers are shared with other customers, and as such IRC-related activities or severely CPU intensive CGI scripts (e.g. chat scripts, scripts which have bugs causing them to not close properly after being run, etc.) are not encouraged. Any application that listens for inbound network connections (even if the application would otherwise be allowed) are not permitted. BitTorrent clients, proxy servers/scripts, IRC bots and bouncers (BNC) specifically may not be run on any Smart eDesigners Web Hosting server. If your processes are adversely affecting server performance disproportionately Smart eDesigners Web Hosting reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the offending processes.|
|10. Customer agrees to not engage in activities pertaining to Black Hat SEO, Spamdexing, and so-called “Scraper sites.” These can all have a severely detrimental effect on server performance and are not permitted.|
|11. The Customer agrees to hold only one (1) active web hosting service plan at any given time with Smart eDesigners Web Hosting. Signing up for multiple plans unless otherwise agreed is grounds for termination of all plans, including the first one, without warning.|
|12. Smart eDesigners Web Hosting makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Smart eDesigners Web Hosting also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Smart eDesigners Web Hosting is at the Customer’s own risk, and Smart eDesigners Web Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Smart eDesigners Web Hosting expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.|
|13. Smart eDesigners Web Hosting specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, Smart eDesigners Web Hosting may, at its option and at any time, reject this material, including but not limited to after it has been put on Smart eDesigners Web Hosting’s Server. Smart eDesigners Web Hosting agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Smart eDesigners Web Hosting. If the Customer fails to modify the material, as directed by Smart eDesigners Web Hosting, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.|
|14. All domain names registered through Smart eDesigners (Pvt.) Limited, that are ‘parked’ or are otherwise not immediately associated with a Smart eDesigners hosting plan will be automatically pointed to a “Coming Soon” web page which informs visitors that the registrant has recently registered their domain name via smarteworks.com. The Coming Soon web page may be modified at any time by Smart eDesigners without prior notice to you and may include such things as, without limitation, links to additional products and services offered by Smart eDesigners (Pvt.) Limited.|
|1. Customer expressly agrees that use of Smart eDesigners Web Hosting’s Server is at Customer’s sole risk. Neither Smart eDesigners Web Hosting, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Smart eDesigners Web Hosting’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Smart eDesigners Web Hosting Server service, unless otherwise expressly stated in this contract.|
|2. Under no circumstances, including negligence, shall Smart eDesigners Web Hosting, its offices, agents or anyone else involved in creating, producing or distributing Smart eDesigners Web Hosting’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Smart eDesigners Web Hosting Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Smart eDesigners Web Hosting’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Smart eDesigners Web Hosting’s Server service.|
|3. Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.|