General Terms and Conditions

Last Updated: 2^nd of October 2024

1. Overview

Definitions of Key Terms
In this agreement, the following terms shall have the meanings specified below:

“LakCloud”, "We", or "Us" refers to LakCloud (Pvt) Ltd, a company duly registered in Sri Lanka, and located at 66/1/b, Uswewa, Tangalle, 82278 SP, Sri Lanka.

“Services” refers to all the services provided by LakCloud, including but not limited to web hosting, domain registration, email services, and any other services described in this agreement and listed in the LakCloud website.

“Client” , “You” , or “User” refers to the individual or entity who uses our Services or has an agreement with LakCloud for the provision of services.

“Website” refers to the LakCloud website www.lakcloud.lk, through which services are offered and client interactions occur.

Parties Involved
This agreement is between LakCloud (Pvt) Ltd , hereafter referred to as "LakCloud", and any individual, organization, or entity, hereafter referred to as "User" or "Client", who registers for or utilizes any services provided by LakCloud.

Introduction
LakCloud (Pvt) Ltd offers a range of digital services primarily focused on web hosting, domain name registration, website security, and email hosting. We cater to both individual and corporate users globally, with a commitment to delivering secure, scalable, and high-performance hosting solutions. This agreement outlines the terms under which our services are provided, the rights and responsibilities of both parties, and the conditions for utilizing our services.

2. Acceptance of Terms

Agreement upon Using the Website and Services
By accessing and using the website www.lakcloud.lk, registering an account, or purchasing any of our services (paid or offered free of charge), you (the "User" or "Client") agree to be bound by the terms and conditions outlined in this agreement, as well as any additional terms that may be applicable to specific services or features. If you do not agree with these Terms and Conditions, you must refrain from using our website and services.

Incorporation of Privacy Policy and Refund Policy into the Terms
Your use of our services is also governed by our Privacy Policy and Refund Policy, which are incorporated by reference into these Terms. By agreeing to these Terms, you also agree to the conditions set forth in the Privacy Policy and Refund Policy. We encourage you to review these policies carefully to understand how your personal information is handled and the terms under which refunds may be issued.

Conditions for Updates or Changes to the Terms & Conditions
LakCloud reserves the right to modify, update, or amend these Terms and Conditions at any time, without prior notice to the User. Any changes will be posted on our website, and it is the responsibility of the User to regularly review the Terms for any modifications. Continued use of the services after such changes have been posted constitutes your consent to the revised Terms and Conditions. The last updated date will be displayed on the top of this page and each time the terms will be revised, clients may be notified via email, via the news page, or via notifications in the client area.

3. Services Offered

Domain Name Registration
LakCloud provides domain name registration services, allowing Clients to register domain names for their websites. Please note the following:

No Guarantee of Availability or Successful Registration: LakCloud does not guarantee the availability or successful registration of any domain name requested by the User. The availability of domain names is subject to change, and registration is only confirmed upon completion of payment and processing by the relevant registry.

Disputes with Third Parties Over Domain Ownership: LakCloud shall not be liable for any disputes arising between Users and third parties regarding domain ownership or any related issues. Clients are responsible for ensuring that their chosen domain names do not infringe on the rights of others.

Web Hosting
LakCloud offers a variety of web hosting solutions tailored to meet the needs of different users:

Types of Hosting:

#Shared Hosting: Cost-effective hosting option where multiple users share server resources.
#Linux Hosting: Reliable hosting environment based on the Linux operating system, ideal for a variety of applications.
#WordPress Hosting: Optimized hosting specifically for WordPress sites, providing enhanced performance and security.
#Reseller Hosting: For clients looking to resell hosting services under their brand, with complete management tools.
#eCommerce Hosting: Specialized hosting for online stores built on the WooCommerce platform.
#VPS Hosting (Virtual Private Server)
Dedicated Hosting (Server)

Managed Hosting Services and Support Options:

LakCloud provides managed hosting solutions, where our team handles updates and security, allowing Users to focus on their primary business.

Optional Services
In addition to hosting, we offer various optional services to enhance the User's experience, including but not limited to:

Email Account Provisions: Users can create and manage professional email accounts associated with their domain names, enhancing credibility and communication.

Website Security Monitoring and SSL Certificates: LakCloud provides website security monitoring services to detect vulnerabilities and potential threats. We also offer SSL certificates to encrypt data transmitted between the User’s website and its visitors, ensuring secure transactions and communications.

SEO tools: Various tools offered to improve website visibility

Backup and migration services: to ensure data integrity and continuity

Website Builder Services: For Clients looking to create their websites easily, LakCloud provides user-friendly website builder services, enabling Users to design and publish their websites without requiring extensive technical knowledge.

4. Data Localization

Data Hosting Locations
LakCloud hosts its servers in the United States of America and the Federal Republic of Germany. By utilizing our services, you acknowledge and agree that your data may be stored, processed, and accessed in these locations.

Compliance with Local Data Laws
Clients are responsible for understanding and complying with any local, state, national, or international data protection and privacy laws that may apply to their use of our services. LakCloud does not guarantee compliance with specific legal requirements and shall not be liable for any breaches or violations arising from a User's failure to comply.

Client’s Responsibility for Ensuring Data Localization Compliance
It is the sole responsibility of the Client to ensure that their data localization requirements are met according to their applicable jurisdiction. Users must take appropriate measures to ensure compliance with data localization laws governing their data, including obtaining necessary permissions for data storage and processing outside their home country.

Data Transfer Abroad and Associated Risks
Transferring data across borders can involve various risks, including, but not limited to, potential legal and regulatory challenges, data security risks, and limitations in the protection of personal data. By using LakCloud’s services, you acknowledge that you understand these risks and agree to hold LakCloud harmless from any liabilities or claims arising from data transfers conducted outside your jurisdiction.

5. Billing and Payments

Currency Fluctuations
Prices for services offered by LakCloud are displayed in Sri Lankan Rupees (LKR) but are based on the current exchange rate with the United States Dollar (USD). Clients should be aware that:

Price Adjustments in LKR Based on USD Rate: If the USD rate increases or decreases, the corresponding LKR prices will be adjusted accordingly. If you are using USD as your primary currency, your prices will typically remain stable.

Payment Terms
Clients are required to adhere to the following payment terms:

Prepaid Billing Cycle: All services must be paid for in advance. Your billing cycle will begin upon receipt of payment.

Due Dates: Payment is due on the specified due date for your selected service package. Clients will receive a reminder email prior to the due date.

Late Payments and Account Suspension/Termination Policy
In the event of non-payment:

30-Day Grace Period for Non-Payments: Clients have a grace period of 30 days from the due date to make their payment. During this time, access to services may be limited, but your account will remain active.
# After the initial due date has passed and the grace period of 30 days has expired without receiving payment, a late fee of 10% of the original invoice amount will be applied. A new invoice, including the late fee, will be issued to the Client. This process will continue for an additional 30 days.
# If payment is not received by the 31st day (or 61st day from the original due date), services will be Permanently suspended.
# The Client has the option to reactivate its services within 30 days of the suspension by submitting a new ticket after paying all pending charges and late charges. The organization is not responsible for data loss due to downtime. (To avoid data loss, we recommend that you pay the fees before the date of collection.)

Approved Payment Methods

Card Payments: Stripe (Visa, MasterCard)

Crypto Payments: Cryptomus

Bank Transfer: Sampath Bank

Add Funds
Clients can add funds as a balance (credits) to their account with the following limits:

Minimum Deposit: $15.00 USD

Maximum Deposit: $100.00 USD

Maximum Balance: $500.00 USD

Coupon Procedure To learn how to use coupon codes, please refer to our Knowledgebase.
Refunds and Chargebacks
Refunds and chargebacks are covered under our Refund Policy. Clients are encouraged to review this policy for detailed information on eligibility and procedures related to refunds.

6. Communication Protocol

Contact Methods
Clients can reach out to LakCloud for support or inquiries through the following methods:

Chat Support: Live chat is available on our website from Monday to Saturday 6:00 am to 11:00 pm for immediate assistance.

Open a Ticket: To open a support ticket, log in to the client area, click the Open Ticket button, select the appropriate department, and provide a brief description of your issue. For additional guidance, please refer to our Knowledgebase.

See SLA Terms below for more info

Importance of Maintaining Up-to-Date Contact Details
Clients are responsible for ensuring that their contact details, including email addresses and phone numbers, are kept up to date. This information is vital for receiving important notifications, billing updates, and service-related communications.

LakCloud's Right to Contact You
LakCloud reserves the right to contact Clients via the email address provided during registration for important notifications, including but not limited to account updates, service changes, and promotional offers. Clients are encouraged to regularly check their inboxes, including spam or junk folders, to ensure they do not miss any important communications.

7. User Obligations

Accurate Information
Users are required to provide true, accurate, and up-to-date information when registering for services with LakCloud. This includes, but is not limited to, name, email address, and payment details. Failure to provide accurate information may result in service interruptions or account termination.

Security Responsibilities
Clients are responsible for maintaining the security of their accounts, including:

Strong Passwords: Users should create strong and unique passwords for their accounts.

Multi-Factor Authentication (MFA) : We recommend enabling MFA for an additional layer of security. Clients are responsible for any activities that occur under their accounts, and LakCloud is not liable for unauthorized access or data breaches resulting from weak passwords or failure to secure accounts.

Legal Use
Clients must use LakCloud’s services in compliance with all applicable local, national, and international laws and regulations. Any illegal activity or violation of these laws while using our services is strictly prohibited.

Resource Usage Limits
LakCloud enforces limits on resource usage to ensure fair access to services for all Clients. Resource usage limits include, but are not limited to:

CPU Usage: Limited processing power allocated to shared hosting accounts.

Storage Limits: Maximum storage capacity for data files.

Bandwidth Usage: Monthly data transfer limits.

Consequences: Any abuse of resources that exceeds these limits may result in throttling of service, account suspension, or termination without prior notice.

Prohibited Activities
Clients are expressly prohibited from engaging in any of the following activities while using LakCloud's services:

Hacking: Attempting to gain unauthorized access to any system, network, or data.

Spamming: Sending unsolicited or bulk messages to individuals or groups.

Phishing: Attempting to acquire sensitive information by masquerading as a trustworthy entity.

Distributing Malware: Uploading, storing, or transmitting malicious software or viruses.

Child Pornography, Drug/Human/Weapons Trafficking: Any involvement in these illegal activities is strictly prohibited. Clients found participating in or facilitating such activities will have their services immediately terminated, and we reserve the right to take legal action.

Nulled Themes & Cracked Software: The use of nulled themes or cracked software versions is strictly prohibited. LakCloud is committed to protecting the data and security of all our clients. Clients found using such software will face immediate account suspension. LakCloud will not be responsible for any data losses resulting from the use of illegal or unauthorized software.

8. Privacy Policy

Your privacy is important to us. LakCloud is committed to protecting your personal information and your right to privacy. Our practices regarding the collection, use, and disclosure of your information are outlined in our Privacy Policy.

9. Affiliate Program

LakCloud offers an Affiliates Program that allows participants to earn commissions by promoting our services. By joining the program, you agree to abide by the following rules:

Rules for Affiliate Links

No Masking: Affiliates are prohibited from masking, hiding, or modifying their affiliate links in any manner. All affiliate links must direct users to the official LakCloud website.

No Spamming: Affiliates may not engage in spamming or advertising in areas or sections of websites that violate the terms of the displaying site. This includes, but is not limited to, unsolicited emails, comments, or messages.

Follow the link for Affiliate Terms

Consequences of Breaching Affiliate Rules
Failure to adhere to the rules outlined in this section may result in immediate termination from the Affiliate Program. Breaches may also lead to the withholding of commissions earned and potential legal action.

10. Data Breach and Security Responsibility

LakCloud's Commitment to Reasonable Security Measures
LakCloud is committed to implementing reasonable security measures to protect your data from unauthorized access and breaches. These measures include, but are not limited to:

Encryption: We utilize encryption protocols to safeguard sensitive data during transmission and storage.

Firewalls: Our systems are protected by firewalls designed to prevent unauthorized access.

However, while we strive to maintain a high level of security, we cannot guarantee absolute protection against all potential threats.

User's Responsibility for Securing Their Account
Users bear the responsibility for securing their accounts and any associated data. This includes:

Using Strong Passwords: Clients should create strong, unique passwords and change them regularly.

Enabling Multi-Factor Authentication (MFA): We recommend using MFA for additional security.

Monitoring Account Activity: Users should regularly review their account activity for any unauthorized actions.

Limitation of LakCloud’s Liability in Case of Third-Party Breaches
While LakCloud takes reasonable steps to protect your data, we cannot be held liable for any breaches resulting from third-party actions or vulnerabilities. In the event of a data breach caused by a third party, LakCloud will notify affected users as required by applicable laws but will not be liable for any damages, losses, or consequences arising from such breaches.

11. Backups and Disaster Recovery

LakCloud Provides Regular Backups
LakCloud offers weekly backups (free of charge) of user data as part of our hosting services. These backups are designed to help recover your data in the event of accidental deletion or technical issues. However, we cannot guarantee the restoration of all data to its original state or the availability of backups at any specific time.

Client Responsibility: Encouraged to Maintain Independent Backups
While LakCloud takes reasonable measures to perform regular backups, we strongly encourage Clients to maintain independent backups of their critical data. This additional precaution ensures that you have access to your data in case of unforeseen circumstances, including technical failures, data corruption, or other incidents.
Important Notice: If a Client is making changes to their website, we strongly recommend performing a manual backup before proceeding with any modifications. This will protect your data from any potential errors or issues during updates.

Limitations on Liability for Data Loss
LakCloud shall not be held liable for any data loss or corruption, regardless of the cause, including:

Failure of Backups: While we strive to provide reliable backups, we do not guarantee their completeness or availability.

User Negligence: Losses resulting from the Client's failure to maintain independent backups or to follow recommended security practices.

12. Migration Services

Free Migration Services (FOC)
LakCloud offers free migration services (FOC) for certain hosting packages. This service is designed to assist Clients in transferring their existing websites or data from other hosting providers to LakCloud's servers. Our team will work to ensure a smooth transition, minimizing downtime and disruption.

Limitations on Migration Scope
While we strive to provide comprehensive migration assistance, there are limitations on the scope of our migration services:

Supported Platforms: LakCloud only offers migration services from cPanel environments. If your current hosting provider does not use cPanel, migration services may not be available. Clients are encouraged to confirm compatibility with our support team before proceeding with the migration request.

Data Volume: The volume of data being migrated may affect the migration process. Excessively large websites or databases may require additional time or resources, and Clients will be notified accordingly.

Post-Migration Support: While we assist with the migration process, Clients are responsible for ensuring that their websites function properly after migration. We recommend performing thorough testing to confirm that all data has been transferred correctly and that all features are operational.

By utilizing our migration services, Clients acknowledge and accept these limitations.

13. Limitation of Liability

Limitation on Direct and Indirect Damages
To the fullest extent permitted by law, LakCloud shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to the use of our services or these Terms and Conditions. This includes, but is not limited to, damages for loss of profits, business interruption, or data loss, even if we have been advised of the possibility of such damages.

Liability Cap
LakCloud’s total liability for any claims, losses, or damages arising out of or in connection with these Terms and Conditions shall be limited to the total fees paid by the User for the services rendered in the six (6) months preceding the claim

Exclusions
This limitation of liability applies to all claims, regardless of the legal theory upon which the claim is based, including tort, contract, negligence, and strict liability.

By using our services, Clients acknowledge and agree to these limitations of liability.

14. Term & Termination

Term
The services provided by LakCloud will continue until the User decides to cancel or until the agreement is terminated as specified herein.

Grounds for Termination
LakCloud reserves the right to suspend or terminate services immediately if the Client violates any of the terms outlined in these Terms and Conditions, engages in misuse of resources, or participates in any illegal activities. Specific grounds for termination include, but are not limited to:

Failure to comply with User Obligations

Resource abuse or excessive consumption of bandwidth or storage

Activities that threaten the security or integrity of LakCloud’s services

LakCloud’s Right to Suspend or Terminate
In extreme cases, LakCloud may suspend or terminate services without prior notice if we determine that the actions of the Client pose a significant risk to our systems, network, or other users.

Client's Right to Terminate Services
Clients have the right to terminate their services at any time by following the cancellation procedures outlined in their account settings or by contacting LakCloud's support team. Termination requests will be processed promptly.
Clients understand that upon termination of services, all data and content associated with their account may be permanently deleted.

15. Successors and Assigns

This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, transferees, and assigns. Neither party may assign or transfer their rights or obligations under these Terms and Conditions without the prior written consent of the other party, except that LakCloud may assign its rights and obligations to any entity that acquires all or substantially all of its assets or to any affiliate without requiring consent.
Clients acknowledge that this agreement will remain in effect and be enforceable even in the event of mergers, acquisitions, or any other form of corporate reorganization involving either party.

16. Governing Law and Dispute Resolution

Governing Law
These Terms and Conditions are governed by and interpreted in accordance with the laws of the Democratic Socialist Republic of Sri Lanka, including the Personal Data Protection Act, No. 9 of 2022.
Dispute Resolution Process
In the event of any dispute arising out of or relating to these Terms and Conditions or the services provided by LakCloud, the following dispute resolution process shall be followed:

Step1: Internal Discussion The parties must first attempt to resolve the dispute through informal conversation. Both parties shall engage in good faith discussions to reach a resolution.

Step 2: Mediation If the dispute remains unresolved after internal discussions, the parties shall refer the matter to a neutral mediator. The mediation shall take place in accordance with the rules established by a recognized mediation organization.

Step 3: Arbitration Should mediation fail, the dispute will be settled by arbitration in accordance with the arbitration laws of Sri Lanka. The arbitration shall be conducted by a single arbitrator agreed upon by the parties or appointed by the relevant authority.

Step 4: Litigation If arbitration fails to resolve the dispute, either party may initiate litigation in a suitable court of law in the Democratic Socialist Republic of Sri Lanka.

Both parties agree to participate in the dispute resolution process in good faith and to keep all discussions confidential.

17. Force Majeure (Expanded)

LakCloud shall not be held liable for any failure to perform its obligations under these Terms and Conditions if such failure results from events beyond its reasonable control, including but not limited to:

Government Actions: Any actions taken by government authorities that impact the provision of services, including but not limited to new regulations, laws, or restrictions.

Natural Disasters: Events such as earthquakes, floods, hurricanes, or other acts of God that disrupt service availability.

Pandemics: Public health emergencies that result in widespread disruption, affecting operations and service delivery.

Internet Outages: Any disruptions in internet service, whether caused by third-party providers or broader network issues that impact connectivity.

Cyber-Attacks: Attacks that compromise the integrity or availability of LakCloud's services, including but not limited to denial-of-service attacks, hacking, or other malicious activities.

Power Outages: Any interruptions in electrical supply or failures in infrastructure that prevent LakCloud from providing its services.

Other Unforeseen Events: Any other events that are beyond LakCloud’s reasonable control and prevent it from fulfilling its obligations under these Terms and Conditions.

During force majeure events, LakCloud will make reasonable efforts to restore services as soon as possible. However, Clients acknowledge that such events may impact the availability and performance of services, and LakCloud will not be held responsible for any consequences resulting from these interruptions.

18. Contact Information

For any questions, concerns, or support requests related to these Terms and Conditions or the services provided by LakCloud, please contact us using the following information:

Official Email Address: [email protected] (Please allow up to 24 hours for a response.)

Fallow Us: Contact Page,+94767749005,WhatsApp or Live Chat

(Our support team is available to assist you during business hours.)

We encourage you to reach out to us for any inquiries or assistance you may require. Your satisfaction is important to us!