Terms & Conditions of Service
These are the Terms and Conditions of Service (TOS) from Evolve IT Australia Pty Ltd. These terms and conditions apply to you (“Client”) as a user of the service. It is intended to ensure that you know your rights and obligations when using the service.
Please read these terms and conditions carefully. It is a condition of your use of the service that you comply with these terms and conditions.
From time to time, we may make amendments to the terms and conditions. Clients may not be notified of changes.
All provisions of this contract are subject to the TOS of Evolve IT Australia Pty Ltd. and the AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Client understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
You must also read and abide by the AUP.
- Agreement Your agreement with Evolve IT Australia Pty Ltd commences from the time that your service is added to the servers and/or network and is specified as the commencement date on your first invoice and continues until either party terminates the agreement. Upon termination or expiry of this agreement, we may delete all of your data from any of our web hosting servers. We will provide you with a username and password which will provide access to your Evolve IT Australia Pty Ltd web site and utilities. Evolve IT Australia Pty Ltd will not give out or change passwords except when requested in writing by the Client. Client will keep secure any and all passwords used to upload and change data. You will be charged for your web site hosting services in accordance to the current price list.
- Maintenance From time to time, we must perform scheduled maintenance to our servers. We will attempt to perform all scheduled maintenance at times which will affect the least amount of customers. If scheduled maintenance requires the service to be offline for more than 30 minutes, 48 hours notice will be given to the contact email address nominated by the client as being the primary point of contact. Unscheduled maintenance may need to be performed. If unscheduled maintenance leaves our service offline for more than 30 minutes, we will publish details of the event to the affected Clients after the maintenance has been completed and services restored.
- Data Backup, Bandwidth and Disk Usage We will backup your data on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will restore from the last known good archive. In the event of corruption of all our archives, or in the event that an old archive is used to restore the data, you should be prepared to upload your most recent data to your web site. This process requires that you maintain a recent copy of your data at your premises at all times. You must not upload more data than the allocated disk space for your chosen hosting plan. Any disk space violation will result in your account being disabled until the issue is resolved. Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the “Agreed Usage”). Evolve IT Australia Pty Ltd will monitor Customer’s bandwidth and disk usage. Evolve IT Australia Pty Ltd shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Evolve IT Australia Pty Ltd.’s sole and absolute discretion. If Evolve IT Australia Pty Ltd takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Evolve IT Australia Pty Ltd may, at its sole discretion suspend the account or delete excess storage. You, as Evolve IT Australia Pty Ltd.’s customer, are solely responsible for the content stored on and served by your Evolve IT Australia Pty Ltd virtual site.
- Charges and Fees You must pay for the service as agreed. In particular, you must pay hosting charges, excess data transfer charges and any charges for additional services incurred. Evolve IT Australia Pty Ltd may from time to time and without notice suspend the Service if the Client fails to comply with any part of the agreement including failure to pay charges due until the breach is remedied. No credit terms are given to credit card accounts. Upon registration of a credit card account, you give us authorisation to debit your credit card for all charges. Please note that payment will appear on your statement to ‘Evolve IT Australia Pty Ltd’.You consent to Evolve IT Australia Pty Ltd obtaining credit information for the purpose of assessing credit worthiness.Credit cards that are declined for any reason are subject to a $5.00 declination fee. Service will be interrupted on accounts that reach 24 hours past past due. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts that are not collectable by Evolve IT Australia Pty Ltd may be turned over to an outside collection agency for collection. If your account is turned over for collection, you will be liable for all costs incurred in the collection and recovery of the overdue funds.
- Service Rates Client acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Client. Client is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
- Failure to Pay The Company may temporarily deny service or terminate this Agreement upon the failure of Client to pay charges when due. Such termination or denial will not relieve Client of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
- Auto Charge You agree for Evolve IT Australia Pty Ltd to automatically charge your nominated credit card upon renewal. Accounts are renewed 2-3 days before expiry to avoid credit card processing problems. Automatically charged fees are:
- Web Hosting Renewals
- SSL Certificates
- Excess Bandwidth Usage
- Support outside of normal Web Hosting scope
- Domain Names
You will receive an email receipt when your Credit Card is charged.
If you decide to cancel, you must email us with a written confirmation to cancel your web hosting account before expiry or to stop auto-charging or do so via our Online Customer Portal.
- Account Cancellation The Client may cancel their account given 30 Days Written Notice or 30 Days Notice via the online Customer Portal. Should the 30 Days fall between billing cycles, the client will be billed for the full remainder of the billing cycle. We do not pro-rata any accounts. It is the clients responsibility to ensure the cancellation of the service falls within their billing cycle. Billing Cycle details can be found on the Customer Portal or by contact Evolve IT Australia Pty Ltd on 1300 858 899. Refunds will not be given on Quarterly or Annual Accounts should the service be cancelled by the client or Evolve IT Australia Pty Ltd terminates the account for breach of the Terms or Service or Acceptable Usage Policy.
- Services We do not warrant that the Services provided under this agreement will be uninterrupted or error free or that the Services will meet your requirements, other than as set out in this agreement. All services and servers are provided “as is”. In cases where additional 3rd party software/scripts are installed on the server at the request of a client, Evolve IT Australia Pty Ltd will not be held liable for the stability and reliability of that installed software component.
- Liability Evolve IT Australia Pty Ltd’s liability for any breach of the term will be limited to the re-supply of the Services. Evolve IT Australia Pty Ltd or parent business is not liable to you or any other person for any cost, loss or liability including loss of profit, marketing expense or other consequential damage arising from our supply or failure or delay in supplying the Service. Client warrants that at the time of entering into this agreement, the Client is not relying on any representation made by us which has not been stated in this agreement, or any other formal quotation document. Client accepts responsibility for all information and material published through the web hosting service. Client will not publish information which is illegal. Evolve IT Australia Pty Ltd does not host “Adult Content”, Illegal Software or Infringed Copyrighted Material sites.Client is responsible for dealing with persons who access the Client data, and must not refer complaints or inquiries in relation to such data to Evolve IT Australia Pty Ltd.Client will not violate copyright or other intellectual property rights. Client will not download, reverse engineer, change, pass on, or sell any software residing on the Evolve IT Australia Pty Ltd servers that is not the property of the Client.Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Client further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.Evolve IT Australia Pty Ltd is not responsible for any damages your business may suffer. Evolve IT Australia Pty Ltd does not make implied or written warranties for any of our services. Evolve IT Australia Pty Ltd denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from hardware failure, power disruption, data supply, suppliers, delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Evolve IT Australia Pty Ltd.
- Support Boundaries Evolve IT Australia Pty Ltd, provides email and telephone technical support to our Clients 8.30am to 5.30pm Monday to Friday, Australian Eastern Standard or Daylight Saving Time. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Evolve IT Australia Pty Ltd provides support related to your virtual site physical functioning. Evolve IT Australia Pty Ltd does not offer tech support for application specific issues such as cgi programming, php, html, mysql or any other such issue. Evolve IT Australia Pty Ltd does not provide technical support for YOUR customers. If you can email, we encourage you to email firstname.lastname@example.org for assistance. If you are able to get online and have other questions, the answers may be on our home page at http://www.evolveit.com.au – we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.
- Illegal or Deceptive Activity Email sent through the Evolve IT Australia Pty Ltd Email Server will not promote illegal activities, or pornography. Spam or any annoying, unsolicited messages are not to be sent through the Evolve IT Australia Pty Ltd Network. Evolve IT Australia Pty Ltd reserves the right to immediately remove any account containing/transferring content deemed to be illegal or deceptive or in breach of any Act or Law of any Australian State or Territory or the Commonwealth of Australia.
- 30-Day Money Back Guarantee 30-day money back guarantee is offered to Client who, if within 30 days of commencing a service with Evolve IT Australia Pty Ltd are able to demonstrate that the services provided by Evolve IT Australia Pty Ltd were not consistent with reasonable performance expectations. Refunds will not be granted for change of mind, or lack of website traffic. Refunds will not be granted for domain name purchases. Refunds will not be granted if Client realises Evolve IT Australia Pty Ltd’s facilities are incompatible with Client scripts, languages and databases. Refunds will not be granted if Client does not make a genuine attempt to configure their website within compatibility of server software and components. Full refunds will be made to Client within 30 days of request to refund and cancel service.
- SPAM and Unsolicited Commercial Email (UCE) Evolve IT Australia Pty Ltd takes a zero tolerance approach to the sending of UCE or SPAM over our network. Very simply this means that customers of Evolve IT Australia Pty Ltd may not use or permit others to use our network to transact in UCE. Customers of Evolve IT Australia Pty Ltd may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service. Violation of Evolve IT Australia Pty Ltd’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Evolve IT Australia Pty Ltd will initiate an immediate investigation (within 48 hours of notification). During the investigation, Evolve IT Australia Pty Ltd may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Evolve IT Australia Pty Ltd may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Evolve IT Australia Pty Ltd reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Evolve IT Australia Pty Ltd will notify law enforcement officials if the violation is believed to be a criminal offence. First violations of this policy will result in an “Administrative Fee” of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $220 per hour that Evolve IT Australia Pty Ltd personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account. As our Customers are ultimately responsible for the actions of their clients over Evolve IT Australia Pty Ltd network, it is advisable that Customers develop a similar, or stricter, policy for their clients. Massive relays, mail bombing, marketing lists and other massive mailing list operations are strictly prohibited through Evolve IT Australia Pty Ltd Servers and its outbound relays.
- System and Network Security Users are prohibited from violating or attempting to violate the security of the Evolve IT Australia Pty Ltd Network. Violations of system or network security may result in civil or criminal liability. Evolve IT Australia Pty Ltd will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
- Accessing data not intended for such User or logging into a server or account, which such User is not authorised to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which such User is not entitled.
- Notification of Violation Evolve IT Australia Pty Ltd is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
- First violation: Any User, which Evolve IT Australia Pty Ltd determines to have violated any element of this AUP, shall receive an email, warning them of the violation. The service may be subject at Evolve IT Australia Pty Ltd’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.
- Second Violation: Users that Evolve IT Australia Pty Ltd determines to have committed a second violation of any element of this AUP shall be subject to immediate suspension or termination of service without further notice.
We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet.
- Suspension of Service or Cancellation Evolve IT Australia Pty Ltd reserves the right to suspend network access to any customer if in the judgment of the Evolve IT Australia Pty Ltd network administrators the customer’s server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Evolve IT Australia Pty Ltd chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.
- Indemnification Evolve IT Australia Pty Ltd wishes to emphasise that in agreeing to the Evolve IT Australia Pty Ltd AUP and Terms of Service (ToS), customer indemnifies Evolve IT Australia Pty Ltd for any violation of the AUP and TOS that results in loss to Evolve IT Australia Pty Ltd or the bringing of any claim against Evolve IT Australia Pty Ltd by any third-party. This means that if Evolve IT Australia Pty Ltd is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against Evolve IT Australia Pty Ltd, plus all costs and attorney’s fees.
- Email Disclaimer This e-mail (including any attachments) is confidential and may contain proprietary, commercially sensitive, privileged and/or personal information and be subject to Commonwealth and/or State privacy laws. If you are not the intended recipient of this e-mail, you must not forward, print, reproduce or disseminate the message or copy or store personal information in any way. If you have received this e-mail in error, please immediately contact the sender by return e-mail and then irretrievably delete it from your system. Any views expressed in this e-mail are those of the individual sender only, unless expressly stated to be those of Evolve IT Australia Pty Ltd. It is the recipient’s responsibility to check, and the sender accepts no responsibility for, viruses or harmful components in this e-mail or for any errors in transmission.