Terms of Service

These Terms of Service govern access to and use of dedicated servers, network access, support and any related product or service supplied by Evoluso. The customer is the person or organisation that places the order or uses the service.

An order, service description, service-level commitment or other written term agreed for a specific service forms part of the agreement. If a specific written term conflicts with these general terms, the specific term applies to that service.

You must provide accurate, current and complete account, billing and contact information and keep it updated. You are responsible for activity performed through your account and for protecting passwords, access keys and other credentials.

You must be legally able to enter into this agreement. If you order for an organisation, you confirm that you are authorised to bind it.

An order is a request for service and is subject to availability, payment and any reasonable verification needed to prevent fraud or abuse. A service is accepted when Evoluso confirms the order or activates the service.

Provisioning estimates are not guarantees unless expressly stated in writing. Hardware, network location, IP allocation and other specifications are those shown in the accepted order or service description.

Unless the order expressly describes a managed service, services are provided on an unmanaged basis. You are responsible for system administration, software, configuration, updates, security, monitoring and backups.

Support covers the Evoluso infrastructure and the service scope shown in your order. Work outside that scope may be declined or quoted separately.

You must use the services lawfully and must not use them, or allow them to be used, in a way that harms other people, systems, networks or the reputation or operation of Evoluso. Prohibited activity includes:

Traffic allowances, port speeds, IP resources and network policies are those stated with the service. Network resources are shared fairly unless a dedicated commitment is expressly included in the order.

Evoluso may take proportionate action to contain attacks, route leaks, abusive traffic or other events that threaten service security or stability.

You retain your rights in content stored or transmitted through the service and remain responsible for that content and for having all permissions required to use it.

Unless a backup service is expressly included in your order, you must maintain independent, tested backups. Evoluso is not a substitute for your own backup and disaster-recovery plan.

Fees, billing cycle and currency are shown at checkout, on the order or on the invoice. You must pay each amount by its due date using an accepted payment method. Applicable taxes and clearly disclosed payment or network fees may be added where required.

Evoluso may change recurring prices for a future renewal by giving at least 15 days' notice. If you do not accept the new price, you may cancel before that renewal.

A recurring service renews for the billing period shown in the order unless it is cancelled. To prevent renewal, submit the cancellation through the client area at least five days before the renewal or expiry date, unless the order states a different notice period.

Cancellation normally takes effect at the end of the paid billing period. A late request may not prevent an already processed renewal or invoice.

A payment for a service that Evoluso cannot provision will be refunded. Once a server or other service has been provisioned or activated, fees are generally non-refundable because capacity and resources have been committed.

This does not limit a refund expressly promised in a service-specific guarantee, a remedy for a service supplied incorrectly, or any non-excludable right under applicable law. Disclosed payment, conversion or network fees are refundable only where required by law or agreed in writing.

Software supplied with a service remains subject to its owner's licence terms. You must not copy, resell, reverse engineer or misuse software, website content, trademarks or other protected material except where the applicable licence or law permits it.

These terms do not transfer ownership of Evoluso technology, branding or website content to you.

Evoluso may suspend or restrict a service when reasonably necessary to address non-payment, a security threat, abuse, a legal requirement or a material breach of these terms. Where practical and safe, you will receive notice and an opportunity to resolve the issue.

Evoluso may terminate a service for a serious or repeated breach, for unlawful use, or if a suspension is not resolved within a reasonable period. Data may be deleted after termination, so you must retrieve any required data before the service ends.

Evoluso uses reasonable care to operate its infrastructure, but no internet or hosting service can be guaranteed to be uninterrupted or error-free. Planned maintenance, emergency work, upstream failures, attacks and events beyond reasonable control may affect availability.

Any specific availability commitment and the remedy for missing it will be stated in the applicable service description or service-level agreement.

Services are supplied with the level of skill and care required by applicable law. Except for rights or warranties that cannot lawfully be excluded, no additional warranty is given beyond the service description and any written commitment made for the order.

To the extent permitted by law, neither party is liable for indirect or consequential loss, loss of profit, loss of business or loss of data. Nothing in these terms excludes or limits liability where doing so is prohibited by law, including liability arising from fraud or deliberate misconduct.

Evoluso processes personal information as described in the Privacy Policy. You are responsible for ensuring that your own use of the services and processing of personal information complies with applicable data-protection law.

Evoluso may update these terms to reflect service, security, operational or legal changes. Material changes that adversely affect an active service will be notified at least 15 days before they take effect where reasonably possible.

If you do not accept a material change, you may cancel the affected service before the change takes effect. Continued use after that date means the updated terms apply.

These terms are governed by the law applicable to Evoluso as the service provider. Mandatory consumer protections and mandatory jurisdiction rules are not affected.

Please contact Evoluso through the Contact page first if you have a question, complaint or dispute. Both parties should try to resolve the matter in good faith before starting formal proceedings.