AGREEMENT

This Agreement covers all aspects with regards to the services performed by MY ONLINE (PRIVATE) LIMITED (hereinafter referred to as ‘the service provider’) to you the Client (hereinafter referred to as ‘the Client’). By clicking the button stating ‘I agree’ and/or by utilizing, downloading or partaking of any of the services performed through this website you explicitly agree to the terms and conditions described to the terms and conditions described hereinbelow.

1.       Definitions 

1.1.    ‘Personal Data’ or Personal Information means any information relating to you the client or is otherwise defined as ‘Personal Data’.

 

1.2.    ‘Intellectual Property Rights’ means all intellectual property or other proprietary rights throughout the world, established in terms of the Intellectual Property Act No 36 of 2003 and shall include Copyright, Trademarks, Industrial Designs and Patents.

 

1.3.    The ‘Application Letter’ means the template of a letter given to the Client, upon fulfillment of the instructions set out in the website and payment being made by the Client. 

2.       The Services 

2.1.    The Services that are provided by this website is to create an ‘application letter’ that has been formulated in terms of Circular 05 of 2020 of the Monetary Board of the Central Bank of Sri Lanka and/or in terms of Circular 04 of 2020 of the Monetary Board of the Central Bank of Sri Lanka that can be submitted to the Clients Bank to obtain the Moratorium facilities that are set out in the aforementioned government circulars. 

2.2.    The Client upon fulfilling the instructions more fully set out in the instructions page of this web site will be provided with a letter that may be submitted to the Clients Bank for consideration of the ‘moratorium’s provided for in the aforementioned Circular’s. 

2.3.    Upon perusal of the letter provided to you by this service and upon agreeing to the contents contained therein the Client may submit the letter to his/her respective Bank, on the explicit understanding that submission of the said letter to the Bank is subject to the terms and conditions of this Agreement. 

3.       Limitation of Liability 

3.1.    THE SERVICE PROVIDER WILL NOT BE HELD LIABLE FOR ANY INACCURACY OF INFORMATION THAT HAS BEEN PROVIDED TO THE SERVICE PROVIDER BY THE CLIENT.

 

3.2.    THE CLIENT AGREES NOT TO HOLD THE SERVICE PROVIDER ACCOUNTABLE OR LIABLE, IN THE EVENT THE LETTER SUBMITTED BY THE CLIENT IS REJECTED BY THE BANK OR ANY SUCH COMPETENT AUTHORITY DECIDING ON THE APPLICATION OF THE CLIENT.

 

3.3.    WITHOUT PREJUDICE TO 3.2 ABOVE THE CLIENT AGREE’S THAT ANY LIABILITY OF THE SERVICE PROVIDER ITS EMPLOYEES AND AGENTS FOR DIRECT LOSS IN CONTRACT, TORT, DELICT OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR ANY OF THE SERVICES PERFORMED THROUGH THIS WEBSITE SHALL BE LIMITED TO THE TOTAL AMOUNT OF PAYMENTS MADE BY THE CLIENT TO THE SERVICE PROVIDER.

 

THE CLIENT FURTHER AGREES NOT TO HOLD THE SERVICE PROVIDER LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT THIS AGREEMENT AND/OR THIS SERIVCE INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OR LOSS OF OPPORTUNITY RESULTING FROM THE REJECTION OF THE CLIENT’S APPLICATION AND/OR ANY FAILURE OF THIS SERVICE. 

4.       Data protection 

The Service Provider shall at all times, at no cost to Client: 

comply with any and all data protection laws and regulations in connection with the processing of personal data

only process personal data in accordance with the terms of this Agreement and Client’s written instructions;

implement and maintain appropriate technical and organizational measures to protect personal data against accidental, unauthorized or unlawful destruction, loss, alteration, disclosure or access

promptly provide such information, co-operation and assistance as may be required in relation to the fulfillment of Client’s obligations to, and requests from, data subjects’, supervisory authorities and/or to ensure compliance with data protection laws and regulations

agree not to permit any processing of personal data by any third party without Client’s prior written consent 

5.       Force Majure 

5.1.    The service provider shall be excused for non-performance of its obligation under this Agreement if and to the extent that such performance is hindered or prevented (directly or indirectly) by reason of any strike, lockout, labor disturbance, government action, riot, armed conflict, accident, non-availability or break down of normal means of transport, Act of terrorism, Act of God or any other matter whatsoever beyond the reasonable control of either party. Provided however that if the performance by a party is precluded or restrained by an act of Force Majeure for more than one hundred and eighty (180) days, either Party may terminate this Agreement upon giving written notice to the other. 

6.       Indemnity

 The Client agrees that in the event any information provided by the Client is found to be infringing the rights of any third Party that the Client shall indemnify the Service Provider in the event the Service Provider is found liable for such infringement.  

7.       Warranties and representations 

The Service Provider warrants that the Services shall be performed in a professional manner in accordance with generally accepted industry standards. 

8. Governing law and dispute resolution 

8.1.    This Agreement shall be governed construed and enforced in accordance with the laws of Sri Lanka. The Courts of Sri Lanka shall have jurisdiction over any dispute arising from this Agreement.  

9.       Termination 

This Agreement may be terminated 

By mutual consent of the Parties.

By either party, if the other defaults in the performance of any material provision of this Agreement and such default is not remedied within a period of thirty (30) days after receipt of the written notice thereof from the first mentioned party. 

 

10.   Post termination obligations 

Each Party shall deliver to the other Party all tangible forms of the other Party’s materials which are deemed proprietary hereunder and all copies thereof when the other Party requests the same or upon the termination of this Agreement, whichever occurs earlier. Each Party agrees during the term of this Agreement and thereafter that it shall take all steps reasonably necessary to hold the other Party’s materials which are deemed proprietary hereunder in trust and confidence and shall not disclose or divulge such material without the prior written consent of the other Party. If the disclosure of any such material is required by law, the disclosing Party agrees that it shall use reasonable efforts to give the other Party reasonable notice prior to disclosure so that the other Party has an opportunity to obtain a protective order. 

 

11.   Notices

 All notices, requests and consents under this Agreement shall be in writing and shall be deemed to have been duly given if (a) personally delivered, (b) sent by a reliable courier services, charges prepaid, or (c) sent by email with the original sent within 24 hours by any of the foregoing methods, to the following address (or such other address as either Party may communicate in writing to the other from time to time), as applicable: 

Attn.

                   The Managing Director

                   MY ONLINE (PRIVATE) LIMITED

                   247D, R.A. De Mel Mawatha, Colombo 3.

                   consultancy@developsrilanka.com

                   Tel: +94-7-1314-0000                  

 Notices delivered personally or by prepaid courier shall be deemed to have been delivered on the date which receipt is acknowledged 

12.   General 

Neither Party shall assign its rights or obligations under this Agreement to a third party without the prior written consent of the other Party 

The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement 

No delay or failure by either Party in exercising any right under this Agreement will operate as a waiver of that or any other right. A waiver or consent given by either Party on one occasion is effective only in that instance and will not be construed as a waiver of any other right or remedy on any subsequent occasion 

This Agreement shall bind, inure to the benefit of, and be enforceable by the successors and permitted assigns of the Parties.