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    Hatchworks (Pvt) Ltd.

    The IT Policy

    Data Connection & Internet Access Terms of Service

    While you are at Hatch, you may connect to our data network to, among other things,access the internet, the “connection.” The connection is provided by Hatch Works (Pvt) Ltdor one of its affiliated companies. By using or accessing the connection, you agree to theseterms of service.

    Please read these terms carefully.

    We may revise these terms at any time. You are deemed to accept the current terms eachtime you use or access the connection, and it is your responsibility to review it for any
    changes. If you do not accept these terms of service, you may not use the connection, and your use of the connection implies your acceptance of these terms of service.

    ACCESS

    Your access to the connection is at our discretion. Your access may be blocked, suspended or terminated at any time and for any reason, including violation of these terms of service, disruption of access to other users or networks or to otherwise protect us, our users, or other third parties.
    The connection is available to your devices only when it is within wireless range of our access points or in your office or a conference room through an ethernet cable to a data network port.
    The connection is generally subject to unavailability, including by reason of emergencies, service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair.
    We are not responsible for any interruptions or performance issues with the connection, or the underlying network(s),transmission equipment and systems. Network speed will vary based on your device configuration, location, compression, network congestion and other factors.
    You are solely responsible for any devices, software, or other materials necessary for use of the connection.

    PRIVACY & SECURITY

    You acknowledge that no data network and internet-based communication is 100% secure,such communications could be intercepted by equipment and software and no such communication should be considered private or protected.
    Subject to applicable law and in accordance with our privacy policy, we also have the right, but not the obligation, to monitor, intercept and review, and disclose, without further notice, any transmissions over or use of our connection to comply with lawful process, orders, warrants or subpoenas, or to protect our rights, property and users.

    PROHIBITED USES

    You agree not to, and are prohibited from, accessing or using (or attempting to access or use) the connection or taking any action online that violates any applicable law or regulation or that could harm us or any third party or interfere with the operation of the data network to others. For example, among other items, you may not:

    • upload or transmit through the connection any (a) computer viruses, worms, spam
      or anything else designed to interfere with or disrupt the normal operating
      procedures of a computer or network; or (b) any material which is defamatory,
      offensive, or of an obscene nature;
    • take any action that imposes an unreasonable or disproportionately large load on
      our network or infrastructure or that violates or threatens our system or network
      security or that of our users or any third parties, including any attempt to circumvent
      any restrictions imposed on your access to or use of the connection or our other websites;
    • use the connection to infringe or violate the intellectual property rights or
      proprietary rights of any third party;
    • share your IP address or ISP Internet connection with anyone;
    • reproduce, retransmit, disseminate, or resell the connection or authorize any other
      individual or entity to use the connection, whether for profit or not, without our
      express written permission.

    Breaching “Prohibited Uses” may result in civil or criminal liability. We may report such breaches to relevant law enforcement authorities and co-operate with those authorities to prosecute users who violate these terms. We have the right, but not the obligation, to suspend or terminate your access and use of the connection and other services we may provide you and to block or remove any communications or materials transmitted through the connection.

    USERNAMES, ASSIGNMENT, AND USAGE QUOTAS

    Each user of the connection will need to authenticate with a username and a password. The username will be made up as follows: First 5 letters of the last name, and last 4 digits of the NIC/Password Number. Please refer examples below:

    1. John Doe, Passport Number: N72673459
    Doe3459
    2. Kumari De Silva NIC: 198815042334
    Desil2334
    3. Mudiyansilage Charith John Arachchi Perera NIC: 864623956V
    Perer956V

    Each user will be allowed to use 2 Devices on the network Simultaneously, and be allowed a total Upload + Download Quota of 1 Gigabyte (GB) per day.
    Each user who is an employee of a Company that is registered at Hatch will be placed in a company group. The company group will get allocated a total usage quota per day based on the number of employees they have purchased seats for. E.g. a company that has purchased 5 seats will get 5 X 1GB per day = 5GB per Day. They users in the company will be free to use this total 5GB quota as needed till it is over. The individual user quota will not be applicable and individual users will be able to use more than 1GB so long as the total usage of the company does not exceed their total allocation.
    Any user who is an individual member will be limited by the per-user quota as listed above.
    If a user or company exceeds their allocated bandwidth then access to the connection will be blocked till the Quota is refreshed on the following day. If a user or company would like to extend their quota (either temporarily or permanently) this can be done by emailing support@hatch.lk.

    Data extensions will be billed monthly as follows:

    • Onetime Extensions (Only applicable for that day)
    • 1GB – Rs. 175 + Tax per user
    • Permanent Extensions (Applicable per user per day till discontinued)
    • 1GB – Rs. 1500 + Tax per user per month

    ADDITIONAL DISCLAIMERS; LIABILITY LIMITATION

    We are providing the connection on an “as is” and “as available” basis. To the extent permitted by law, we disclaim all warranties and terms, express or implied, including warranties, terms or representations as to the availability, operation, security, performance and/or use of our services, or any other materials on or accessed via our services, or the accuracy, speed, availability or uptime of the services, network, or data, including any warranties or terms of merchantability, fitness for a particular purpose, title, noninfringement and any implied warranties, terms or indemnification arising from course of dealing or course of performance.
    You waive any and all claims and rights against us and our affiliates, parents, and successors and each of our employees, assignees, service providers, officers, agents and directors (the “Hatch Parties”) resulting from injury or damage to, or destruction, theft, or loss of, anyproperty, person or pet, to the maximum extent permitted by applicable law. None of the Hatch Parties will be liable to you under any cause of action, for any indirect, special, incidental, consequential, reliance or punitive damages, including loss of profits or business interruption. You will indemnify the Hatch Parties from and against any and all claims, liabilities, and expenses (including reasonable attorneys’ fees), resulting from any breach of this agreement by you. If you are a member, to the extent any dispute arises from the services described herein, they shall be brought in the forum, applying the law, described in the membership agreement (as may be amended by the terms thereof) signed up by you or the company with which you are affiliated. If you are not a member, to the extent any dispute arises from the services described herein, shall be resolved in accordance with the arbitration rules of JAMS then in force, by one or more arbitrators appointed in accordance with said rules. The place of arbitration shall be Colombo, Sri Lanka. and shall apply the laws of Sri Lanka.

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