Information about Us
1. W3in1Web.com is a Sri Lanka based Cloud, IT Infrastructure and System
security solutions provider that provide a variety of personal, business and
corporate solutions to entities of all sizes. Founded in 2012, W3IN1WEB
connects thousands of Sri Lankan 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 & ASIA. W3IN1WEB provides a reliable local
alternative to your online business needs.
2.1 We provide the following services:
each one being a (“Service”) and
more than one being the (“Services”)
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
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
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
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
8.5 If the pricing error is obvious and unmistakeable
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 W3IN1WEB.COM 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
9.2 All customers are entitled to benefit from Our 30 day money back
guarantee in respect of the following services:
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
Server License, Virtuozzo, SpamExperts,
SSL Certificates or Site Builder unless a refund is given to Us by the external
vendors from which these items are purchased. We will have no obligation to
pursue a refund from such external vendors.
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.
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
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. W3IN1WEB.COM 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
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.
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.
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.
14.1 Confidential Information shall not be deemed to include information
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.
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
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  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
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
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 W3IN1WEB.COM.
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
17.2 Except as expressly and specifically provided in these Terms and
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
17.3.1 for death or personal injury caused by Our
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
17.7 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.
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.
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.
20.1 All notices given by You to Us must be given
to W3IN1WEB.COM No 10, Flower Avenue, Colombo 7, 00700. 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 W3IN1WEB
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
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.
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.
23. 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. W3IN1WEB.COM 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.
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.
25.1 These Terms and Conditions, Your Order, Our Acceptable Use Policy, Our
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.
28.1 Offer valid for new orders only and not for subsequent renewals (unless
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.
Registered in Western Province of Sri Lanka under Companies registration
number WA/100710. Our registered office address is W3IN1WEB.COM No 10, Flower
Avenue, Colombo 7, 00700. 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 (+94) 115 235 923. Alternatively, please e-mail us on email@example.com.