CLAUSE 1: These Terms

1. What these terms cover. These are the terms and conditions on which we supply services to you. All terms are effective from the date of your electronic submission of order.
2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
3. Amendment of Terms. Hyper Matrix may at any time, at its sole and absolute discretion, change or modify this Agreement and any policies or agreements that are incorporated herein. We will notify you by email 30 days in advance of any changes to our services that might affect you negatively. Any changes or modifications will take immediate effect. Your continued use of the website or our services will constitute your acceptance of the amended Agreement. The obligation is upon you to ensure that the email you have provided to us is up to date. We accept no liability or responsibility for your failure to receive any email communications from us if such failure results from an inaccurate email address.

CLAUSE 2: Our Contract With You

1. Who we are. We are Cyber Code IT Solutions, trading as Hyper Matrix, with our registered office at No. 496, 1st Floor, Puttalam Road, Kurunegala, Sri Lanka.
2. How to contact us. You can contact us via the contact methods shown on our website at hypermatrix.lk/contact, by submitting a support ticket, or via email at support@hypermatrix.lk.
3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us at the time of placing your order. Please note we will never ask for your password. By providing your phone number to us, you consent to accept and receive calls from Hyper Matrix to the phone number you provide to us. Your phone number may be used for customer communications, fraud prevention, and to secure your account. If there are wider service issues or scheduled maintenance we need to make you aware of, we may alternatively update our status pages.

CLAUSE 3: Order Acceptance

1. How we will accept your order. Placing an order on our website does not guarantee acceptance of your order. Our acceptance of your order will take place after your order is placed at the point you receive confirmation that your order has been fulfilled. Orders may be declined for any reason or no reason, and acceptance is in our sole discretion. Upon acceptance, a contract will come into existence between you and us. Payment must be received before any services will be provided.
2. If we cannot accept or fulfil your order. If we do not or cannot accept or fulfil your order, we will inform you of this and refund any money you have paid to us. Examples of when we cannot fulfil your order include when your desired domain name is no longer available to register, or where the registry has decided to charge a non-standard price.
3. Account Details. In order to access our services you will be asked to create an account. You may be allocated a username and password when your order is placed. We reserve the right to change any username or password allocated to you, and will notify you in writing. You warrant to Hyper Matrix that all information submitted in relation to your Account is true, accurate and complete. You are solely responsible for activities on your Account, whether authorised by you or not. You must keep your login details secure and notify us immediately of any unauthorised use of your account or security breach.

CLAUSE 4: Our Products & Services

4.1: Domain Names

1. Domain Registration. We make no representations as to the availability of a particular domain name requested for registration by you. A domain will always be registered in your name, not Hyper Matrix's. You should manage your domain's WHOIS data through your client area. It is your responsibility to ensure that all data is accurate.
2. For all applicable domain extensions you agree that we will act as a Designated Agent for you whenever a request is made to update the registrant contact details associated with a domain.
3. Checking the registration/renewal. Our service is limited to the forwarding of your order to the registry. It is your sole responsibility to ensure that the domain has been registered, renewed and/or transferred as appropriate.
4. Third-party terms. Domain registration is subject to third-party terms and conditions, including those from the relevant registry. By submitting your order you confirm you will at all times comply with ICANN's and any relevant registry's terms and conditions for domain registration and use.
5. Domain Renewals. We will endeavour to automatically renew a domain on your behalf when it is due, unless you have cancelled or set it to manual renewal. We will not renew a domain where no valid payment method has been provided or where you fail to make payment as required.
6. Expired Domains. In the event that a domain name is not renewed by its expiry date it shall cease to operate and shall be deemed to be expired. Following expiry, a domain may enter a grace and/or redemption period. We are under no duty to attempt to recover such a domain without receiving payment of applicable fees.

4.2: Web Hosting

1. Purpose of Services. Unless explicitly stated to the contrary, our services are intended to be used solely for the purposes of hosting websites and email. Batch processing, video encoding/transcoding, web crawling/spidering, archiving and online backup systems are not permitted on shared or reseller hosting servers without our written agreement.
2. Suitability of Hosting Environment. Some packages feature an ‘unlimited’ service, meaning we do not actively limit your account on disk space or bandwidth. However, to ensure system stability, accounts are limited by resource usage to ensure no one client can affect the service of others on shared servers.
3. ‘Unlimited’ Allowances. Any ‘unlimited’ allowances are subject to fair use. Any customer using an amount of bandwidth or disk space deemed excessive may be advised to improve website efficiency, configure a CDN, or upgrade to a bespoke solution.
4. Migration Service. We may offer a migration service to help move your website from your previous provider to us. This is a best-effort service. You are responsible for providing suitable access and checking that the site has been migrated successfully.
5. Service uptime. We endeavour to provide a 99.9% service uptime, excluding planned or emergency server maintenance or conditions beyond our reasonable control. All customers will be notified of planned maintenance as far as possible in advance.
6. Backups. We take backups of your websites periodically as a best-effort service. While we use commercially reasonable efforts to back up your data, we do not warrant that they are complete or regular or that your data can be recovered. It is your sole responsibility to keep backups of your own data, including your website.
7. Disruption to Services. We are not responsible for disruption to the services outside our control. We will take steps to minimise the effect of any disruption and will communicate updates via our status pages or by email.

4.3: Web Development & IT Solutions

1. Project Scope. All web development and IT solution engagements will be governed by a separate project agreement or statement of work signed between you and Hyper Matrix. These Terms apply alongside any such agreement.
2. Intellectual Property. Unless explicitly stated otherwise in a project agreement, all intellectual property rights in deliverables will transfer to you upon full payment. We retain the right to use any work produced for portfolio and promotional purposes unless you request otherwise in writing.
3. Revisions & Acceptance. Project deliverables are subject to an acceptance and revision process as defined in the relevant project agreement. Unreasonable delays in feedback or testing may affect delivery timelines.

CLAUSE 5: Providing the Services

1. Service costs. The costs of the services will be as displayed to you on our website.
2. When we will provide the services. We will supply the services to you until the subscription expires, or you end the contract as described in Clause 8, or we end the contract by written notice to you as described in Clause 10.
3. What will happen if you do not give required information to us. We will need certain information from you so that we can supply the services. If you do not give us this information within a reasonable time of us asking, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work required.
4. Reasons we may suspend the supply of services. We may suspend some or all services, in our sole discretion, to: (i) deal with technical problems or make minor technical changes; (ii) update the service to reflect changes in relevant laws and regulatory requirements; (iii) make changes to the service as requested by you or notified by us; (iv) where required by law; (v) where we believe you are in breach of any material term of this Agreement; (vi) to resolve any third-party claims or actions; or (vii) to avoid financial loss or legal liability.
5. We may also suspend supply if you do not pay. If you do not pay us for the services when you are supposed to, we may suspend the supply of the services until you have paid us the outstanding amounts. Once payment has been made, we will use reasonable endeavours to restore service within 24 hours.

CLAUSE 6: Your Obligations Under the Contract

1. You are responsible for the content on your account. Customers are responsible for all content, scripts, data and other objects on their accounts. Any account found to be the source of abusive scripts will be immediately suspended and investigated.
2. You must not use the service for illegal or offensive material. You agree to refrain from uploading, sending or receiving any materials which may be deemed to be offensive, abusive, indecent, defamatory, obscene, menacing or otherwise prohibited by applicable laws. In particular you:
   • must not gain or attempt to gain unauthorised access to any computer systems;
   • must not send data using forged addresses or data designed to adversely affect remote machines (including denial of service attacks, worms and viruses);
   • must not participate in the sending of unsolicited bulk email (spam, UBE, UCE);
   • are prohibited from running ‘port scanning’ or other software intended to probe, scan, test the vulnerability of or access remote systems without express permission;
   • must take all reasonable steps to ensure that your password and login credentials remain confidential.
3. You agree to refrain from sending or receiving any material which may be in breach of any third-party intellectual property rights, confidentiality, privacy or other rights.
4. Open proxy servers are not permitted under any circumstances and will result in immediate suspension or termination of service.
5. Sites must not contain hateful material or content which seeks to incite hate.
6. Sites must not contain images, videos, depictions or descriptions of pornography which is unlawful or which is deemed to be distasteful at our sole discretion.
7. Sites must not contain ‘warez’, copyrighted music/videos or links to such content.
8. Sites must conform to recognised international copyright law.
9. Registration of domain names. You are responsible for ensuring that the registration of a domain name and the manner in which it is to be used will not infringe any third-party rights, including intellectual property rights.
10. We undertake to take any action required under the provisions of applicable law and will fully cooperate with the appropriate government authorities.

CLAUSE 7: Acceptable Usage

Acceptable email and web usage is governed by our Acceptable Usage Policy, which forms part of this Agreement.

CLAUSE 8: Your Rights to End the Contract

1. Ending your contract as a standard service user. You may terminate your contract with us by cancelling the service in advance of the renewal date through the client area. You may also raise a support ticket with us up to 24 hours before renewal.
2. Refunds of prepaid periods. We offer a low-cost service, with significant discounts available for prepayments. If you cancel before your service end date you will not ordinarily be entitled to a refund of monies paid, except as provided under our money-back guarantee.
3. Money-back guarantee. If you have just changed your mind about our services, you may notify us within 30 days of first purchase (for hosting and related services, excluding domains and custom development projects) to request a refund. Domain name registrations, renewals, transfers, and bespoke development projects are excluded from this guarantee.
4. Termination by Us. If your account is found to breach our agreement or contain illegal activity, illegal files or pirated software, your account will be suspended immediately. Failure to remove the offending content will result in your account being terminated and no refunds will apply.
5. Processing of refunds. Any refund will be processed within 7 working days of receipt of the request.

CLAUSE 9: How to End the Contract

1. Tell us you want to end the contract. To end the contract with us, please log into your client area, view the product, and submit a cancellation request. Please include the reason for the cancellation. If you qualify for a refund, please request this in the cancellation notes.
2. Contact. You may also contact us at support@hypermatrix.lk or via our contact page.

CLAUSE 10: Our Rights to End the Contract

1. We may suspend or end the contract if you break it. We may end the contract at any time without notice if: (i) you do not make any payment to us when it is due; (ii) you do not, within a reasonable time, provide us with information that is necessary for us to provide the services; or (iii) you breach any other term of this Agreement, including Clause 6.
2. You must compensate us if you break the contract. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, service providers, and all of our and their respective officers, agents, partners, and employees, for any loss made by any third party due to or arising out of: (i) your use of the services; (ii) your breach of this agreement; or (iii) your violation of the rights of a third party, including but not limited to intellectual property rights.
3. We may withdraw the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least 30 days in advance of our stopping supply of the services and will refund any sums you have paid in advance for services which will not be provided.

CLAUSE 11: Price and Payment

1. Where to find the price for the service. The price of the service will be the price indicated on the order pages when you placed your order.
2. Changes in the price. We reserve the right to alter the prices advertised on our website at any time. We will provide written notice of any changes via email to the email address provided by you when registering your account. If your contract is for a fixed term, the price alteration will take effect at the end of the current term and at renewal.
3. When you must pay and how you must pay. We accept payment by major credit and debit cards, bank transfer, and other payment methods as displayed at checkout. Payment must be received before services are provided. You warrant that you are lawfully authorised to make a payment using the payment method used.
4. Payment due at time of order. You agree to pay all amounts due for services at the time you order them. All amounts are non-refundable unless otherwise stated in Clause 8.
5. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest at the rate specified in applicable Sri Lankan law or 4% per annum above the Central Bank of Sri Lanka's base rate, accruing on a daily basis on the overdue amount until actual payment.
6. What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly. You will not have to pay any interest until the dispute is resolved.

CLAUSE 12: Our Responsibility for Loss or Damage

1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
2. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOST BUSINESS, OR LOSS OF OPPORTUNITY, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.
3. IN NO EVENT WILL HYPER MATRIX'S AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE AGREEMENT OR THE SERVICES FOR ANY CAUSE WHATSOEVER EXCEED THE GREATER OF THE TOTAL AMOUNT PAID BY YOU TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

CLAUSE 13: How We May Use Your Personal Information

We will only use your personal information as set out in our Privacy Policy.

CLAUSE 14: Other Important Terms

1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 10 days of us telling you about it.
2. You need our consent to transfer your rights. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date.
6. Choice of Law. These Terms of Service and your use of the services are governed by and construed in accordance with the laws of Sri Lanka, without regard to its conflict of law principles. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Sri Lanka.