Hosting and Server Terms & Conditions
Company Name: ITX Digital Services (PVT) LTD
- Purpose and Scope
These Hosting and Server Terms & Conditions (“Terms”) define the responsibilities, limitations, and obligations of ITX Digital Services (PVT) LTD (“the Company”) and its clients (“the Client”) with respect to website hosting, server usage, data backups, security, and related services. These Terms apply to all hosting and server-related services provided directly or indirectly by the Company.
- Company-Provided Hosting and Servers
2.1. The Company shall provide hosting and server services only as explicitly agreed upon in writing.
2.2. Websites hosted on infrastructure owned, leased, or fully managed by the Company may be eligible for backup, monitoring, and basic security services, subject to the applicable service package and limitations.
2.3. The Company does not guarantee uninterrupted service, absolute data integrity, or complete protection against all forms of technical failure or cyber threats.
- Website Backups
3.1. Website backups are created, stored, and maintained only for websites hosted on hosting and server infrastructure provided and managed by the Company.
3.2. Backup frequency, retention period, and restoration availability shall be determined by the selected hosting or maintenance plan.
3.3. The Company shall not be responsible for restoring data that was not included in backups or for data lost prior to the most recent successful backup.
3.4. No backup services, re-backups, or restoration support shall be provided for websites hosted on third-party hosting or server platforms.
- Third-Party Hosting and Servers
4.1. Where the Client chooses to use hosting or server services supplied by a third-party provider, such services shall be deemed entirely outside the control and responsibility of the Company.
4.2. The Company shall not be liable for downtime, service interruptions, data loss, corruption, or performance issues arising from third-party hosting or servers.
4.3. Any backup creation, recovery, disaster management, or technical resolution related to third-party hosting shall be the sole responsibility of the Client and/or the respective third-party provider.
- Security Responsibilities
5.1. The Company shall provide limited security measures only for hosting and servers directly managed by the Company, subject to agreed service terms.
5.2. The Company does not provide security monitoring, firewall configuration, malware protection, penetration testing, or intrusion prevention for third-party hosting or server environments.
5.3. The Client acknowledges that they are solely responsible for implementing and maintaining adequate security controls, compliance measures, and data protection practices on third-party hosting and servers.
- Limitation of Liability
6.1. To the fullest extent permitted by applicable law, the Company shall not be liable for any direct or indirect loss, damage, or claim arising from:
a) Data loss, corruption, or unauthorized access
b) Cyberattacks, malware infections, or security breaches
c) Website downtime or server unavailability
d) Backup failures or restoration limitations
e) Use of third-party hosting or server services
6.2. In no event shall the Company be liable for incidental, consequential, special, or financial losses, including loss of revenue or business opportunities.
- Client Acknowledgment and Acceptance
By engaging the Company’s services or using hosting and server solutions not provided by the Company, the Client expressly acknowledges and agrees to these Terms, including all limitations of liability and responsibility outlined herein.
- Amendments and Governing Law
8.1. The Company reserves the right to amend these Terms at any time without prior notice.
8.2. These Terms shall be governed by and construed in accordance with the laws of Sri Lanka.