The following Terms of Service (“TOS” or “Agreement”) apply to your use of our website and all Services and/or content provided by Host Asia (PVT) LTD., a company registered in Sri Lanka (company number: W/103361), with a registered address: 10/1 Ekwatta Road Mirihana Nugegoda Sri Lanka (“Host Asia”, “we”, “us”, “our”). Host Asia is the trade name of Host Asia (PVT) LTD. The terms “you”, “your” or “customer” shall refer to any individual or entity who accepts these TOS, has access to the Customer Account, or uses the Services and/or our website. These TOS are effective as of the date of:
(i) your use of our website, or
(ii) your acceptance of these TOS (“Effective Date”).
By using our website and/or using/purchasing one or more Services from Host Asia, you declare that you have read, understood, and agree to be bound by these TOS. The latest version of our TOS is always available on the Host Asia website. It is essential that you read these TOS prior to purchasing any Service(s) from Host Asia.
1.1. These TOS apply to all Services provided by Host Asia to you throughout the entire Term unless otherwise described on the respective Service Page or in Service-specific terms. These TOS consist of the following documents: Terms of Service, Acceptable Use Policy (“AUP”), Domain Name Agreement, Privacy Policy, Cookies Policy, and Data Processing Agreement. Collectively, these documents are referred to herein as the “TOS”.
1.2. These TOS, together with your Order, represent the entire Agreement relating to the ordered Services and supersede any other agreement previously established between you and Host Asia in relation to the Services.
1.3. Services agreements, additional terms, and/or policies may apply to certain Service(s) or content provided by us and are in addition to these TOS, except as otherwise described therein. In the event of a conflict between the provisions of such services agreement or terms or policy and the provisions of these TOS, the provisions of the applicable services agreement, terms, and/or policy shall prevail.
1.4. In these TOS we mention certain legal rights you have if you are a consumer. These TOS do not affect or change these legal rights. For the avoidance of doubt, if you use the Services for business purposes, you expressly acknowledge and agree that you will be considered a non-consumer under this Agreement. Consequently, statutory consumer protection laws and regulations shall not apply to the terms and conditions outlined herein.
2.1. In these TOS, the purchase (including renewal) of Service(s) is referred to as an “Order”. First-time customers may purchase/order the Service(s) through our website. Existing Customers may purchase Services through the Client Area.
You must be at least 18 years of age at the time you place your Order. By submission of an Order, you declare that you
(i) are at least 18 years old,
(ii) have the legal capacity to enter into an agreement with Host Asia,
(iii) are not barred from purchasing and/or using Service(s) under the laws and sanctions lists of the applicable jurisdiction(s), and
(iv) meet the conditions for purchase and/or use of the Service(s), as specified on the respective Service Page or Service-specific terms.
If you are a Sri Lankan consumer, you have the right under the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 to cancel an agreement within 14 days from the date the agreement is formed. For the avoidance of doubt, the Agreement is formed upon our acceptance of your Order. Refunds are processed as described in Section 9 (Money Back Policy). Upon submission of an Order, you declare that you expressly request from us to commence the Service(s) ordered once and if the Order is approved by us and acknowledge that you will lose the right to cancel the Agreement under the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 once the ordered Service has been fully performed.
If you place an Order on behalf of a legal entity, you represent and warrant that you have the legal authority to bind such a legal entity to these TOS. In the event that Host Asia establishes that you do not have the legal authority to bind such a legal entity, you will be personally liable for the obligations under these TOS.
By placing an Order to purchase the Services, you represent and warrant that:
(i) you are not restricted from entering into an agreement with Host Asia;
(ii) you comply with applicable trade, economic, and financial sanctions laws, regulations, embargoes, and/or restrictive measures;
(iii) neither you nor the entity you represent are residents in or incorporated under the laws of a sanctioned country or designated on any sanctions list; and
(iv) you are not subject to any other restrictions imposed by an authority under the laws of the applicable jurisdiction.
Your Order will be deemed to be an offer by you to purchase a Service(s) subject to these TOS. No Order shall be deemed to be accepted by Host Asia until we send you an email notification of our acceptance of the Order. You understand and agree that all Orders may be subject to automated compliance checks to determine if they meet our financial, security, and other reasonable criteria (“Fraud Screen”). If your Order is flagged for review by any of these checks, we may request additional information from you in order to confirm whether we approve or decline it. We will use commercially reasonable efforts to review such Orders in a timely manner, but we are not liable for any delays.
Orders that fail our Fraud Screen will not be approved, and Service(s) will not be activated. If your Order fails to pass the Fraud Screen, you will receive a notification that your Order has been cancelled. No further details regarding the Fraud Screen check will be provided. In case your Order is cancelled and Service(s) are not activated, Host Asia will reimburse you for any pre-paid fees within 7 business days from the date of Host Asia’s notification to you that your Order was cancelled, or by the end of the calendar month in which Host Asia’s notification was issued, whichever period is longer. We have no liability for payment of any indemnification, compensation for damage, or claims related to such cancelled Orders. No interest or other charges will accrue on any pre-paid fees.
Orders that pass our Fraud Screen will be approved, and you will be duly informed of the Order approval via email. The term for each Service you purchase is hereinafter referred to as a “billing cycle.” The billing cycle shall be set out on the Order and will commence as of the date of the Order approval (“Initial Term”). Upon expiry of the Initial Term, the Service(s) can be renewed as described in our Renewal Policy (Section 8 of these TOS) for a certain period of time (“Renewal Term”) or may be terminated, as described in these TOS. For avoidance of doubt, “Term” shall include the Initial Term and any Renewal Term.
To purchase and use the Service(s), you have to provide certain personal data to Host Asia. Please refer to our Privacy Policy, Plugins Privacy Notice, and Data Processing Agreement for complete information on what personal data we collect, how we process it, and with whom we share it.
4.1. For the purposes of these TOS, “Service” or “Services” means any and all services provided by or purchased via Host Asia under these TOS including, without limitation, any of our subscription plans for hosting services, email marketing services, CDN services, additional features, website migration services, website security services, domain name registration services, support services, third-party products and/or services, and any other services which may be provided from time to time as set out on the portion of our website describing the Services (“Service Page(s)”).
4.2. We may modify, update, or upgrade the Services and/or add, remove, or modify any software, functionality, or configuration installed on or used by the Services at any time with or without prior notice. If such modification, update, or upgrade results in a major change(s) of the functionality of the Service(s) purchased by you, we will notify you of the major change(s). You may object to such major change(s) by terminating the Agreement immediately upon written notice to Host Asia within 10 calendar days of being informed of the major change(s). You will bear ultimate responsibility to ensure that the Services are configured to meet your operational, privacy, and security needs. Your hardware, software, as well as any other items you deem necessary to use the Services, shall be compatible with the Services. We will not be obliged to modify the Services to accommodate your use. Host Asia may transfer your hosting account and/or Customer Account from one data center to another or from one server functionality to another, including to such in another geographic location, or modify certain software configurations when deemed necessary by Host Asia in order to ensure the quality, continuity, and security of the Services and/or the infrastructure. In cases where such transfer is done by Host Asia due to technical issues and/or in order to ensure the continuity and security of the Services, Host Asia may not be able to inform you prior to such transfer. In any other case of transfer to another data center, Host Asia will inform you at least 10 calendar days before moving your hosting account to a new data center. If the change of the data center results in storing the customer data located in your hosting account in a different jurisdiction, you may object to such a change by terminating the Agreement immediately upon written notice to Host Asia within 10 calendar days of being informed of the change of the data center.
4.3. The proprietary and third-party software made available for use as part of the Service(s) will be provided as-is, and the Service(s) will be subject to availability and all warranty disclaimers and limitations of liability set out herein. Links to the terms and conditions concerning third-party Services we offer are incorporated by reference in an appendix to these TOS. Upon acceptance of these TOS, you represent and warrant that you have read, understood, and agree to be bound by the terms and conditions governing the third-party Services you order through Host Asia.
4.4. We may assign an Internet Protocol (“IP”) address for your use. You shall have no right to use that IP address except as permitted by Host Asia in our sole discretion in connection with the use of the Service(s). You do not have any ownership right over any IP address assigned to you by Host Asia. We reserve the right to change or remove any and all such IP addresses in our sole discretion. You acknowledge and agree that shared IP addresses assigned to you by Host Asia may be used by other customers as well.
4.5. We provide certain Services designed to filter unwanted email. You acknowledge and agree that email filtering may result in the capture of some legitimate email and the failure to capture some unwanted emails that may contain spam, phishing scams, and viruses, and that we assume no liability or responsibility for your failure to receive an email or for receipt of some unwanted emails. We recommend that you implement additional levels of protection. Email that is captured by our filtering system is not subject to our Hosting Service Uptime Guarantee, as described in Section 5 below.
4.6. We may use artificial intelligence (AI) models and tools and integrate them into the Services for various purposes. We will disclose any such use on the respective web page or in another appropriate manner.
4.6.1 You hereby declare that you are solely responsible for the content you submit or upload to the AI models and tools integrated into the Services (the “Input”), and that such Input does not violate any applicable laws and regulations, third-party rights, and/or these TOS.
You acknowledge and agree that due to the nature of the machine learning technology behind the AI models and tools, some results generated from your Input (the “Output”) may not be accurate, appropriate, complete, and/or unique. Host Asia makes no representation or warranty as to the reliability, quality, accuracy, or appropriateness of the Output generated, including whether such Output may infringe any third-party rights. We shall not be held liable or responsible for your use of the Output or for any omissions or errors contained in the Output. We encourage you to independently evaluate the Output before relying on it.
We may engage third-party service providers to provide the AI models and tools. You acknowledge and agree that such third-party providers may store and use your Inputs and Outputs for the purposes of provisioning the AI models and tools, including for development, training, and improvement of such AI models and tools. Host Asia does not make any representations and warranties as to the accuracy, completeness, and error-free performance of the AI models and tools provided by third parties. We strongly advise you not to include any proprietary, confidential, or personal information in your Input.
Host Asia’s Hosting Service Uptime Guarantee sets out the level of availability of the hosting Services you can expect from us. To the maximum extent applicable under national law and without affecting your rights as a consumer, this Hosting Service Uptime Guarantee is your sole and exclusive remedy for downtime—a period of time during which your website is unavailable due to a network, software, infrastructure, or equipment failure.
We guarantee a hosting Service uptime of 99.9% on a monthly basis. If we fall below the guaranteed hosting Service uptime, you may request via the Client Area a compensation amounting to 5% of your hosting Service fees paid for the respective month. Any such compensation may be used solely for the extension of the term of the respective hosting Service.
The following events do not count towards our calculation of hosting Service uptime:
Our calculation of the hosting Service uptime is based on our internal records. We will not accept third-party reports as evidence that you are entitled to compensation under our Hosting Service Uptime Guarantee.
Host Asia may offer from time to time new features to existing Services or new Services in a pre-release version (“Beta Service(s)”). If you choose to use any Beta Services, you acknowledge and agree to the following:
To the maximum extent allowed by applicable law and without affecting your rights as a consumer, you acknowledge and agree that Beta Services are provided “as-is,” may not operate properly, and you assume all risks and liabilities arising from and/or relating to your use of and reliance upon those Beta Services, and that Host Asia makes no representation or warranty with respect thereto.
Host Asia may modify, change, or discontinue the Beta Service(s) or any of its features at any time at its sole discretion, with or without notification, with immediate effect. In the event that you no longer have any active Service with Host Asia, your use of Beta Services may be terminated without notification.
After a Beta Service is discontinued, Host Asia may, at its sole discretion, provide to all customers who had an active Beta Service at the date of discontinuation, the release version of the Service, which was in the Beta period, at no additional cost for a certain period of time (“Release Version Trial Period”). You understand and agree that such a release version of the Service may never be provided, or that its features may substantially differ from the Beta Service. You understand and agree that once any such Release Version Trial Period is over, the release Service will be automatically activated for a period of time against a fee specified in the Client Area and/or the Beta Service initial activation page or as otherwise specified on our website. You can modify the purchase settings for the release version of the Service in your Client Area at any time after the activation of the Release Version Trial Period.
Host Asia may collect various data, including analytics, about how you use and interact with the Beta Services. You acknowledge and agree that you shall not disclose any information regarding your use of the Beta Services to a third party or use such information for any purpose other than providing feedback to Host Asia, and that Host Asia may use such information for any purpose, including product development purposes, and may make your feedback available to the public, including but not limited to publishing it on our website, social media accounts, or incorporating it in our marketing materials.
You are responsible for paying the fee(s) set out on the Order in full, in the currency specified on the Order. You acknowledge and agree that all fees must be paid in advance for the entire Initial Term or Renewal Term; otherwise, the Service(s) will not be activated or renewed.
The current fee(s) and payment method(s) are listed on our website. Host Asia reserves the right to change the fees at any time. Changes in fees shall be effective immediately and will apply to you as of your next purchase. In case such a change affects the renewal price of your Service(s), Host Asia shall inform you in advance prior to your Service(s) renewal date. You may object to such a change by canceling the affected Service(s) immediately or switching off the auto-renewal setting for the affected Service(s).
All fees listed on our website are net of applicable taxes unless explicitly stated otherwise. You are responsible for all taxes levied on the Services.
In certain cases, the issuer of your payment method may charge you a foreign transaction fee or other fees, which may be added to the final amount that appears on your bank statement or posted as a separate charge. Host Asia has no control over and is not liable for such fees.
In the course of the order process, in case of payment by card, you will be asked to provide your card information, which will be verified by a third party—a payment processor that processes your card information. By submitting an Order, you acknowledge and agree to the processing of your payment by such a payment processor and you authorize Host Asia and its payment processor(s) to verify your card and charge it for the total amount of your Order. If the issuer of your payment method refuses to authorize the transaction to Host Asia, we will not be liable for non-provisioning the Service(s). You agree that we and/or our payment processors reserve the right to decline a transaction for any reason and neither we nor the respective payment processor will be liable to you or any third party regarding the same.
In case of payment via PayPal or a similar online payment processor, immediately after submitting your Order, you will be directed to the web page of the payment processor, where you will authorize the payment. Once the transaction is completed, you will be redirected to our website.
You acknowledge and agree that the processing of payments will be subject to the terms, conditions, and privacy policies of the respective payment processor(s) in addition to this Agreement. Your payment details shall be stored by the payment processors to process payments for any Service(s) you purchase.
Our obligation to provide the Service(s) depends on your payment of the fee(s). It is your responsibility to ensure that we receive timely payment of the fee(s).
You are responsible for keeping at least one active payment method on file in your Client Area. We reserve the right to use an alternative payment method (if available in your Client Area) for the payment if we determine that the primary one is not active for any reason. You can manage your payment method(s) in your Client Area.
You confirm that any payment method you use and/or add in your Client Area is yours or that you have been specifically authorized by its owner to use it for the purchase.
In case of delay in payment of any fees(s) due, for whatever reason, we may continue to attempt to collect payment from the payment method on file, suspend, and/or terminate the Services and pursue the collection costs incurred by Host Asia, including without limitation, any court and legal fees and Host Asia's reasonable attorneys' fees. We are not responsible for any deleted or lost Customer Content that results from any suspension or termination of the Service(s).
You acknowledge and agree
If we are unable to process an automatic renewal on the scheduled date, we may attempt to charge your payment methods on file multiple times until the service either expires, is renewed, or is canceled. You acknowledge and agree that we are not liable if the service is suspended due to payment failure, regardless of the reason.
9.1. If you no longer need a service you have purchased or are unsatisfied with its performance, you may cancel it at any time. It is recommended that you submit any cancellation request through your Client Area.
9.2. Our Money Back Policy applies to initial and renewal orders for shared and cloud hosting services and most other services we offer, except those listed in Section 9.6 (referred to as “Refundable Services”). In case of any discrepancy between these TOS and the money-back terms described on the respective Service Page or in the Service-specific terms, the latter will prevail.
9.3. We will issue a full refund for the initial purchase of:
(a) Cloud hosting services if cancellation is requested within 14 days from initial activation.
(b) Shared hosting services and other Refundable Services if cancellation is requested within 30 days from initial activation.
9.4. We will issue a full refund for renewals of Refundable Services if cancellation is requested within 30 days from the date we receive the renewal payment, provided the Renewal Term has not started.
9.5. We will issue a partial refund for renewals of Refundable Services if cancellation is requested within 30 days from the date we receive the renewal payment and the Renewal Term has started. In this case, we will refund the renewal fees minus the fees due for the first month of the Renewal Term.
9.6. Our Money Back Policy does not cover third-party services we offer or services that are tailor-made to your needs. These include paid support services, domain name registrations, paid SSL certificates, Sitebuilder plans, and other third-party services. Domain name fees are non-refundable and may be due upon cancellation, even if waived initially as part of a promotion.
9.7. Refunds are processed within 14 business days after a service is canceled.
9.8. To the maximum extent permitted by law, the Money Back Policy is your sole and exclusive remedy should you decide to withdraw from this Agreement.
10.1. You can upgrade or downgrade the services at any time, subject to availability and as listed in your Client Area.
10.2. All available upgrade options are subject to the fees set out on the respective Service Pages (“Upgrade Fee”). When upgrading a service, the Upgrade Fee covers the difference between the two plans. When upgrading from a shared hosting service to a cloud hosting service, you must select a new term, and any pre-paid amounts from your previous service will be prorated and applied as an extension to your new term.
10.3. You can upgrade the usage of your cloud hosting services by purchasing additional resources or activating the auto-scaling feature. You must create an auto-scale event from your Client Area. When an event occurs, the additional resources will be automatically applied to your cloud hosting services, and you will be charged the respective service fees for one month. Resources not renewed will be scaled down upon expiration of their term. Scaling down the RAM of cloud hosting services requires rebooting the cloud instance, resulting in downtime.
10.4. You can downgrade a service only if:
10.5. We may refuse your downgrade request if your account does not meet the conditions for a downgrade or if the new plan is unsuitable for your website. Additional or free services not included in or compatible with the new plan will be terminated. Upon downgrade, we will prorate the difference in fees between the two plans for any full months remaining from your term, applying that as extra time to your new plan, subject to website limitations. If no full month remains, the service will retain its current term.
11.1. For new customers, we will create a customer account (“Customer Account”) upon purchase of the services. Your Customer Account contains your personal details and grants access to your Client Area for managing services, payments, and information updates.
11.2. You are solely responsible for the security of your login credentials for accessing the Client Area and your Customer Account. Keep all passwords confidential and take measures to prevent unauthorized access. We highly recommend using different credentials for different accounts and providers, avoiding functionality that saves login credentials, and regularly updating your password.
11.3. As an additional security measure, you can set up two-factor authentication (“2FA”) for your Client Area. Follow the instructions in your Client Area to enable/disable 2FA. Using a 2FA application on a device with a tampered operating system is at your own risk.
11.4. You are solely responsible for the activity on your Customer Account, regardless of whether the activities are undertaken by you, your employees, or a third party. Host Asia is not responsible for any loss incurred due to unauthorized use of your Customer Account or failure to secure your login credentials. Notify Host Asia immediately of any security breach or unauthorized use at compliance@hostasia.lk
11.5. You are responsible for providing and maintaining true, current, complete, and accurate information. We are not liable for errors or damages caused by your failure to do so, including granting access to another person. If we believe the details listed in the ‘Owner Profile Details’ of the Client Area are false or inaccurate, we may suspend access to or terminate your Customer Account and/or services at our discretion.
11.6. The individual or entity listed in the ‘Owner Profile Details’ Section of the Client Area is considered the account owner (“Account Owner”) and owns the data therein (excluding domain names, which are governed by ICANN rules). If your Customer Account contains domain names registered with Host Asia in a third party’s name, we may comply with the domain name registrant’s instructions and provide access to the management panel of those domain names. If you purchase a domain name on behalf of a third party, and a dispute arises, you agree to pay all registration fees during the dispute.
11.7. Ensure correct ownership indication of your Customer Account. If there is a dispute, the account may be locked until resolved. Host Asia is not liable for any damages resulting from an ownership dispute or account locking.
11.8. Only accept the transfer of a website or domain name to your Customer Account if you have a legal basis to do so.
12.1. You agree to use the services and any customer content in compliance with these TOS and all applicable laws. Implement restrictions to prevent unauthorized access to customer content where required by law.
12.2. Ensure that each person who visits, accesses, uses, and/or interacts with your customer content (“End User”) complies with these TOS and any policies and agreements referenced.
12.3. Do not upload, store, publish, or display on or through the services any personal data, private or personally identifiable information, images, or videos of minors or third parties without lawful ground, such as consent.
12.4. Do not use the services for hosting websites for high-risk activities where service interruption or malfunction could lead to serious consequences, such as personal injury, death, or environmental damage. Host Asia is not liable for any liabilities from such use. Examples include nuclear facilities, air traffic control, and life and health support. Refer to our AUP for detailed usage rules and guidelines.
12.5. Declare that you have the technical knowledge to use the services properly and manage your Customer Account, including administering, designing, and operating the functions facilitated by the services.
12.6. If you resell the services or manage their use on behalf of others, ensure that each client and/or End User complies with these TOS. You are responsible for all content uploaded, stored, or transmitted through the services and any acts or omissions by your clients or End Users that violate these TOS or the law.
12.7. Ensure that neither you nor your End Users use the services to Host Asia’s detriment or that of other Host Asia customers.
12.8. Indemnify, defend, and hold harmless Host Asia and its officers, directors, shareholders, employees, agents, and representatives against any damages, claims, liabilities, losses, and other expenses, including reasonable attorneys’ fees and costs, arising from your and/or your End Users’ acts or omissions.
12.9. Obtain all equipment necessary to access and use the services. Ensure your equipment, software, or applications are compatible with the services. Do not use faulty or malfunctioning equipment/software that may cause security issues, damage network integrity, or create service vulnerabilities.
12.10. Obtain all intellectual property rights in others’ intellectual property, including necessary clearances, consents, and authorizations for using names, marks, or any content/materials on or transmitted through the services.
12.11. If you use third-party software on the services, warrant to Host Asia that you are licensed to use the software, and the license grants sufficient rights to Host Asia to provide the services. Provide licenses upon request. Failure to do so may result in service suspension and/or immediate termination
12.12. You shall provide to Host Asia, at your cost, any information, resources, or facilities reasonably requested by Host Asia for the delivery of the Service(s). Ensure your employees, contractors, and other suppliers cooperate fully and promptly with Host Asia to achieve this aim.
12.13. Any instructions you supply to Host Asia must be complete, accurate, and clearly legible. Host Asia shall not be liable for errors caused by your failure to provide complete and accurate information. It is your obligation to follow our instructions and cooperate with us for the proper provision of the Services.
12.14. You acknowledge and agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, related technologies, or Services made available through our Site, except where explicitly authorized by us.
12.15. You acknowledge and agree that any information, articles, tutorials, guidelines, or technical support advice may be provided by us only for your convenience and do not constitute official statements.
13.1. You may upload, store, publish, display, and disclose information, text, files, emails, images, designs, graphics, photos, videos, sounds, software, and other content on or through the Services (“Customer Content”). Customer Content includes any content posted by you or by users of any of your websites hosted through the Services (“Customer Websites”). You are solely responsible for any and all Customer Content and any transactions or other activities conducted on or through Customer Websites. By posting or disclosing Customer Content on or through the Services, you represent and warrant to Host Asia that
(i) you have all necessary rights to display and disclose such content, and
(ii) your posting or disclosure of Customer Content does not violate the rights of Host Asia or any third party.
13.2. Host Asia shall not exercise control over and accepts no responsibility for Customer Content or any other information passing through the Services. Host Asia may monitor Customer Content but is under no obligation to do so. In particular, Host Asia may monitor Customer Content on a random basis or pursuant to third-party reports, requests, complaints, or notices for the purpose of tackling the dissemination of any illegal content or content in violation of our TOS. In any of these cases, we will conduct a human/technology review of the Customer Content in question and analyze it in view of our TOS and applicable law. If any material part of your Customer Content is in violation of these TOS, Host Asia reserves the right to review your Customer Content and immediately take any corrective action, i.e., impose restrictions, including without limitation removal of part or all of the Customer Content or Customer Websites, locking of your Client Area, suspension or termination of any and all Services with no refund. Host Asia will act diligently, objectively, and proportionately in applying and enforcing the corrective actions, with due regard to the rights and legitimate interests of all parties involved, including your fundamental rights such as freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms as enshrined in the EU Charter of Fundamental Rights and other applicable laws. You hereby agree that Host Asia shall have no liability due to or arising out of any corrective action that Host Asia may undertake when such action is required under the applicable legislation or to prevent access to illegal content or other content infringing Host Asia’s AUP.
14.1. Unless explicitly stated otherwise, we provide technical support for issues related to the functionality of any Service(s) purchased from and provided by us. Our technical support is available for all customers and is provided on an as-is, as-available basis.
14.2. You may request technical support through any of the support channels available in your Client Area.
14.3. If you request technical support, you will be required to provide as much information as possible to help us investigate the reported issue and you agree to grant us full access to your Customer Account and/or Customer Content. It is your obligation to perform and store a backup of your data and files prior to requesting technical support. You are solely responsible for any instructions you provide to us as part of your technical support request. You understand and agree that any modifications we perform to address your technical support issue may affect the functionality of your website(s) and/or Service(s). It is your responsibility to ensure that your website is operational and the Services are configured to your needs once we complete work on your request.
14.4. We retain the right not to process your technical support request(s), if:
(i) you violate these TOS;
(ii) you are abusive towards our employees, subcontractors, or third-party service providers;
(iii) the volume of your request(s) exceeds that of similarly situated customers or is outside the scope of our free technical support, as defined in Section 14.5 below;
(iv) the need for technical support Services is due to any modification or attempted modification of the Services made by you or any third party outside of Host Asia’s control, or your failure or refusal to implement changes recommended by Host Asia.
We may refuse to perform any request that requires changes not compatible with the Services or not related to them or that might create a security risk or deteriorate their performance.
14.5. Unless otherwise described on our website, we provide free technical support for the following issues related to our Services:
provider or registrar, our support is limited to ensuring the domain is transferable per the requirements for the respective domain extension.
14.6. If you request technical support for issues outside the scope of our free technical support Services described in Section 14.5, we may provide you with assistance at our discretion, subject to availability and additional fees. Such issues include but are not limited to:
14.7. Some technical support Services may be provided against paid support credits. If such Service(s) are available for your Customer Account, a description of the Services as well as paid support credit pricing will be provided in the Client Area. If the time needed to handle your technical issue exceeds the average time it takes to handle such technical issue for similarly situated customers, we may require additional credit purchase(s), subject to your prior confirmation.
14.8. We will inform you and receive your consent prior to charging you for technical support. Fees for technical support, respectively - for support credits, must be paid in advance.
15.1. You acknowledge and agree that it is your responsibility to regularly backup all your Customer Content to prevent potential data loss. We will use good faith efforts to backup data stored on your hosting account(s). We will not backup files holding temporary or transient data which cannot be restored in a useful state.
15.2. You agree that you will keep independent backup copies of your hosting account(s) in addition to those we maintain. If you purchase paid backup Services from us, you acknowledge and agree that due to technical reasons, a backup copy may not be available for restore upon your request. Examples of technical reasons include but are not limited to an excessive number of files in the backup, backup software failure, storage failure, or corrupted backup files.
15.3. You can order paid backup Service(s) or paid backup restore Service(s) from your Client Area. We keep a limited number of backup copies of your hosting account(s) as set out on the respective Service Page. If you upgrade/downgrade the Services, we may delete old backup copies created on your previous hosting plan and start new daily backups of your data.
15.4. You shall notify us through your Client Area in case of backup Service malfunctions and allow us reasonable time to resolve the issue. If we provide data to you from a backup, it will be provided as raw data, and you may be required to reformat that data so that it reflects a prior configuration or use. If you purchase paid backup Services from us, we will restore your data from a backup copy.
15.5. To the maximum extent applicable under national law and without affecting your rights as a consumer, our backup Services are provided “as-is” and are subject to all limitations of liability set out in these TOS.
16.1. Host Asia retains all rights, title, and interest in and to the Services it provides, including the ownership of any intellectual property rights related to the provision of such Services. These TOS do not grant you any right to reproduce, modify, distribute, publicly display, or perform the software included in the Services or any other right to the Services not explicitly set forth herein. All trademarks, graphics, images, videos, templates, software (including updates, improvements, modifications, and enhancements), script, source code, and other content that are part of the Services (“Host Asia’s Content”) are owned by or licensed to Host Asia.
16.2. Host Asia may discontinue provisioning certain Service(s) or terminate this Agreement if a third party ceases
(i) providing the respective Service;
(ii) making components of the Service available to us, or
(iii) terminates the agreement concluded with us for the respective Service.
16.3. It is important to understand that certain Services are bundled together. As a result, the termination of one of the bundled Services may result in the immediate termination of the rest of the bundled Services.
16.4. Upon termination of the Agreement, any information, data, content, and files stored by you in your Customer Account shall be deleted. We may, but are not obliged to, keep backup data for terminated Services for up to 60 days after termination and provide you with access to that data upon request and subject to availability. IP addresses and server functionality resources are recycled. It is your obligation to ensure that you arrange to migrate your website(s) or Customer Content off the server functionality we use and relinquish use of the IP address assigned to you in connection with the use of the Service(s) prior to termination. We have no obligation to provide any Service(s) to you, including forwarding any emails or providing any backups following termination of the Agreement.
If you wish to withdraw from this Agreement, please fill in the form below and send it back to us:
To:
we hereby withdraw from the agreement concluded by us for the provision of the following services:
Activated on:
Name(s) of the consumer(s):
Address of the consumer(s):
Signatures of the consumer(s) (only in case of notification on paper):
Date:
17.1. If you wish to file a complaint regarding the Services, use of our website, or our compliance with the applicable laws, you may send your complaint to us via:
(1) email at compliance@hostasia.lk.Sri Lanka, or
(2) support ticket or chat through your Client Area (for Customers only), or
(3) registered mail to the following address: Host Asia (PVT) LTD., 10/1 Ekwatta Road, Mirihana, Nugegoda, Sri Lanka.
17.2. If you wish to submit a notice of illegal content, including copyright infringement and/or violations of our AUP, please observe our Policy for submission of complaints/notices.
17.3. All complaints and notices must be in writing and clearly indicate the name and contact details of the complainant/notifier. If you have relevant documentary evidence to support your complaint or notice, it should be enclosed. Evidence submitted should be as concise and relevant as possible.
17.4. We will take care to review, investigate, and respond to any complaint(s) and notice(s) fairly and thoroughly. Host Asia will provide a written answer within 10 business days from receipt of the respective complaint or notice. That period may be extended where necessary, taking into account the complexity of the matter and/or the volume of provided information.
18.1. In the event of any dispute, controversy, or claim arising out of or related to this Agreement, you and Host Asia shall use reasonable efforts to settle such disputes or differences. To this effect, we shall consult and negotiate with each other with the aim to reach a solution satisfactory to each party.
18.2. Without affecting the competent jurisdiction rules applicable to consumer disputes, you agree that the Courts of London, Sri Lanka shall have the sole jurisdiction over all disputes and other matters relating to the execution, interpretation, enforcement, and termination of this Agreement or any other document entered into by the parties related thereto.
19.1. We will send notifications to you using the contact information in your Client Area. We may send you notifications by email, ticket, or a notification posted in your Client Area. We have no responsibility for notifications not delivered due to outdated or inaccurate contact information.
19.2. Any notices to us related to issues governed by our Privacy Policy shall be addressed to our Privacy Team and Data Protection Officer who can be reached at sales@hostasia.lk.
19.3. You may send us requests, claims, consents, waivers, demands, or any other communication related to this Agreement by
(i) opening a ticket through your Client Area;
(ii) email;
(iii) first-class mail; or
(iv) internationally recognized courier.
Please address your notices to:
19.4. A communication within the meaning of Section 24.3 above shall be considered duly given and effective:
(i) if sent by ticket, on the date the ticket is recorded in your Client Area;
(ii) if sent by email, on the day when received in the designated email account;
(iii) if sent by first-class mail, on the date of delivery by the appropriate postal service;
(iv) if sent by internationally recognized courier, on the date of delivery by such courier.
20.1. Translation. This Agreement, along with any documents incorporated herein by reference, is executed in the English language. Any provided translations are for convenience only, and in the event of a conflict between the English and translated versions, the English version will govern and take precedence to the extent permitted by law.
20.2. Applicable law. This Agreement will be governed by and interpreted in accordance with the laws of Sri Lanka and Wales. If you are a consumer, the choice of law in the preceding sentence does not deprive you of the protection afforded to you by provisions of the law of your country of habitual residence that cannot be derogated from contractually.
20.3. Waiver. If at any time during the term of this Agreement we fail to insist upon strict performance of any of your obligations under this Agreement, or if we fail to exercise any of the rights or remedies to which we are entitled under this Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any term of this Agreement shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
20.4. Assignment. Successors. You may not assign or transfer this Agreement or any of its rights or obligations hereunder without prior written notification to us. Any assignments in violation of the foregoing shall be null and void and of no force or effect. You acknowledge and agree that Host Asia may assign its rights and obligations under this Agreement and may engage subcontractors in performing its duties and exercising its rights hereunder without your further explicit consent. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assignees.
20.5. Independent Contractors. This Agreement is not intended to and does not create or constitute an agency, partnership, joint or collaborative venture, or franchise relationship between the parties. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
20.6. Severability. If any one or more of the provisions contained herein or of the applicable policies of Host Asia shall, for any reason, be held invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, such provision(s) will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law. You further agree and understand that the validity or enforceability of any other provision (or of such provision, to the extent its application is not invalid or unenforceable) of this Agreement and the policies announced on our website shall not be affected.
20.7. Force Majeure. With the exception of the customer’s payment obligations, neither party will be responsible for any interruption, delay, or other failure to fulfill any obligation under this Agreement resulting from acts of God, storms, floods, riots, fire, acts of civil or military authority, war, terrorism, epidemics, pandemics, shortages of power, telecommunications or internet service interruptions, or other acts or causes reasonably beyond the control of that party.
In the event of an occurrence of a Force Majeure, the party whose performance is affected thereby shall give the other party notice of suspension as soon as reasonably practicable, stating the date and extent of such suspension and the cause thereof, and such party shall resume the performance of such obligations as soon as reasonably practicable upon the cessation of such Force Majeure and its effects.
During a Force Majeure event, you shall be entitled to seek an alternative provider at your own cost with respect to the affected Services. If a Force Majeure event continues to exist for more than 20 consecutive days, each party shall be entitled to terminate the Agreement for the affected Services.
21.1. Host Asia may change these TOS at any time with notification (by email and/or in your Client Area) at least 15 days prior to the effective date of the changes.
21.2. If you do not agree to the changes in these TOS, you may cease using our website and the Services and terminate this Agreement within 10 days as of the date of our notification.
21.3. To the extent permitted by applicable law, continued use of the Services after you have received a notification for changes to these TOS will be considered as acceptance of such changes, unless you have sent us a termination notice within the 10-day period specified above.