By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions
Terms & Conditions

About smarteworks.com.

Smart e Works is a global IT solutions company and an offshore IT services provider. Our services vary from Application Development, Website Design/ Redesign, Graphic Design, Web Development, E-commerce Solutions, Online Marketing, SEO Services, other IT Solutions. We are designing, developing, integrating and maintaining entire company IT infrastructure that help companies solve complicated and crucial business problems. We have a talented team of professional Designers, Programmers and IT Engineeres who are thorough in all aspects of IT solutions.

TERMS AND CONDITIONS


1. TERMS

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 e Works’ 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 e Works’ 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 e Works 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.

3. DISCLAIMER

The materials on Smart e Works’ web site are provided "as is". Smart e Works 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 e Works 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.

4. LIMITATIONS

In no event shall Smart e Works 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 e Works’ Internet site, even if Smart e Works or a Smart e Works 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 e Works’ web site could include technical, typographical, or photographic errors. Smart eWorks does not warrant that any of the materials on its web site are accurate, complete, or current. Smart e Works may make changes to the materials contained on its web site at any time without notice. Smart e Works does not, however, make any commitment to update the materials.

6. LINKS

Smart e Works 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 e Works of the site. Use of any such linked web site is at the user's own risk.

7. SITE TERMS OF USE MODIFICATIONS

Smart e Works may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. GOVERNING LAW

Any claim relating to Smart e Works’ web site shall be governed by the laws of the government of Sri Lanka without regard to its conflict of law provisions.

 

HOSTING TERMS
 

MATERIAL PRODUCTS

    1. Customer will provide Smart e Works 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 e Works Web Hosting. Smart e Works Web Hosting shall make no effort to validate this information for content, correctness or usability.
    2. Use of Smart e Works 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:
        o Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, image mapping, etc.
        o 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 e Works Web Hosting to provide this knowledge or Customer Support outside of the defined service of Smart e Works Web Hosting.
    5. Smart e Works 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 e Works Web Hosting servers primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose. Smart e Works Web Hosting servers are not intended as a data backup or archiving service. Smart e Works 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.
    8. 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 eWorks Web Hosting server. If your processes are adversely affecting server performance disproportionately Smart eWorks Web Hosting reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the offending processes.
    9. 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.
    10. The Customer agrees to hold only one (1) active web hosting service plan at any given time with Smart e Works Web Hosting. Signing up for multiple plans unless otherwise agreed is grounds for termination of all plans, including the first one, without warning.
    11. Smart e Works Web Hosting makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Smart e Works 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 e Works Web Hosting is at the Customer's own risk, and Smart e Works 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 eWorks 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.
    12. Smart e Works 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 e Works 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 e Works Web Hosting's Server. Smart e Works 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 e Works Web Hosting. If the Customer fails to modify the material, as directed by Smart e Works Web Hosting, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
    13. All domain names registered through Smart e Works Limited, that are 'parked' or are otherwise not immediately associated with a Smart e Works 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 e Works without prior notice to you and may include such things as, without limitation, links to additional products and services offered by Smart e Works .

LIMITED LIABILITY

    1. Customer expressly agrees that use of Smart e Works Web Hosting's Server is at Customer's sole risk. Neither Smart e Works Web Hosting, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Smart e Works 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 e Works Web Hosting Server service, unless otherwise expressly stated in this contract.
    2. Under no circumstances, including negligence, shall Smart eWorks Web Hosting, its offices, agents or anyone else involved in creating, producing or distributing Smart eWorks 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 e Works 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 e Works Web Hosting's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Smart e Works 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.