Terms and Conditions of WiFi Service

1. Interpretation

1.1 These Terms and Conditions apply to the WiFi service you intend to connect to and use. It is important you understand how we intend to collect your data and the way in which it will be used.
1.2 In conjunction with these Terms and Conditions, you will also need to refer to our Privacy Policy and Acceptable Use Policy
1.3 To use our free WiFi service, you must comply with our Registration Process, ensuring that all your details are correct.

2. Changes to Terms and Conditions

2.1 These Terms and Conditions are subject to change without prior warning. Examples of when this may occur (and is not limited to), are last minute changes in Legislation and Regulatory conditions, over which we have no control.
2.2 Whilst we endeavour to keep these Terms and Conditions up to date, by using this free WiFi service at any time, you are accepting that we will only be able to try and provide notice of any changes within reasonable timescales.
2.3 If you intend to continue your use of this free WiFi service during subsequent visits to the service, you are agreeing to regularly review this documentation.
2.4 If you have any questions or concerns, do not proceed to connect to our free WiFi service and contact us in writing at info@evolveodm.co.uk, stating your reasons clearly. As a minimum, please leave your name, email address, location and if possible contact landline/mobile number.

3. Fraud, Crime and Terrorist Attacks – Detection and Prevention

To combat fraud, crime and terrorist attacks, we are legally required to provide your information to government agencies when specifically requested to do so; and to suspend the service whenever we are instructed by regulatory bodies and government agents and in circumstances where we feel applicable, for the safety and protection of others at any time.

4. Loss, Damage and Data/Security

4.1 We accept no liability for loss, damage or theft to your wireless device(s) or information during the use of this free WiFi service at any time.
4.2 We do not accept responsibility for claims of any nature whatsoever, made by any third party individual or organisation.

5. Illegal Use and content filtering

5.1 By using this service, you are accepting that you will not visit any websites deemed to be unlawful in written content and/or the display of illegal, upsetting or violent images and which may cause harm, injury or distress to others as a result.
5.2 You must not download copyright or illegal material for your personal use or for onward transmission to others; or for any other criminal, unlawful, fraudulent or illegal activity.
5.3 You must not send unsolicited emails, SMS text messages, harass, cause upset, breach copyright, trademark material, infringe intellectual property rights, misuse confidential information or abuse the privacy rights of any other person or organisation.
5.4 You may not use this service to sell goods, conduct independent surveys, run contests, send or receive material that is abusive or defamatory, where lawful restrictions would apply and as defined in a Court of Law.

6. General Restrictions and Disconnection of Service

6.1 You must not disconnect our free WiFi service, cause disruption, annoyance or inconvenience to any person or organisation or ourselves.
6.2 You must not imitate our organisation or contact anyone pertaining to this for any reason whatsoever at any time.
6.3 We reserve the right to block and/or apply restrictions to third party websites and material we deem unsuitable.
6.4 We may also terminate the free WiFi service at any time and/or if requested by government agents.

7. Age restricted material

By using this service, you are accepting that you must use the service responsibly and where age restrictions apply to third party websites and material, it is your duty to comply by their code of conduct.

8. Force Majeure

If this free WiFi service is disconnected for reasons such as force majeure, and/or unexpected power cuts or other factors due to circumstances beyond our control, we cannot be held liable for any loss, damage, loss of time or upset you may suffer as a result to your wireless devices or for loss of information.

9. Confidentiality

By connecting to this service, it is your responsibility to protect your own data and to put in place your own security measures and back-up systems.

10. Fair Usage Policy

By connecting to this service, you agree to abide by the rules of our fair usage policy. There is a 5GB monthly usage allowance. Should you exceed these levels, we reserve the right to disconnect the service for the rest of that month or to terminate the service completely.

11. Special Offers/Events and Third Party Notifications

11.1 If you do not wish to receive our money off coupons, marketing material or SMS campaigns, and/or if you do not want your data to be passed on to third party organisations for marketing purposes, it is important that you write to us at info@evolveodm.co.uk before connecting to the service, stating your reason(s). You must provide your name, email address, location and / or contact landline / mobile number.
11.2 We reserve the right to check your data from time to time and as we feel applicable; for internal purposes and to ensure both you and we are complying with legislation and regulatory requirements.
11.3 Opt Out: By opting out of the above, service defined in 11.1, you accept that this free WiFi service may be severely limited or unavailable for use completely.

12. Complaints and cancellation

12.1 If you have a complaint, contact us in writing, stating your reasons clearly to info@evolveodm.co.uk.
12.2 As a minimum, when making a complaint, you must provide your email address, location and if possible a contact landline telephone number and/or mobile.
12.3 To cancel your use of the service at any time, contact us in writing at info@evolveodm.co.uk with the words ‘Cancellation of free WiFi Service’ in the subject bar. You must leave your contact email address, location and when possible a landline and/or mobile telephone number.

13. Compliments and positive feedback

We have thousands of delighted customers connecting to our free WiFi service on a daily basis. If you have any helpful suggestions, or wish to praise a member of our Team for exceptional service, we'd be delighted to hear from you. Please contact us at info@evolveodm.co.uk. Your name, email address, location and contact landline / mobile number will be helpful.

ACCEPTABLE USE POLICY (AUP)

Introduction

We have created this Acceptable Use Policy (AUP) to protect our resources and the resources of our customers and peering networks in order to provide a high speed network, high availability services and to ensure that as an ISP, we comply with all relevant UKlaws.  This AUP must be read in conjunction with our Terms & Conditions

 

Evolve Business Group specialises in the provision of Value Added Internet Services through the brands of EvolveODM & Evolve360.  It is the responsibility of all users of the Evolve Business Group’s network and services to ensure that they comply with the latest edition of the AUP at any given time

 

This AUP may be revised without notice, at any time, at the sole discretion of Evolve Business Group.  Completion of the relevant application form, or connection to the service for the first time, is deemed to be an agreement to our Terms & Conditions and this AUP

 

In the event of a breach of this Policy, Evolve Business Group reserve the right to terminate all or part of any service with immediate effect, without recompense and delete any files held on our servers

 

If you have any questions about any of our policies, please contact the Customer Service Manager at admin@evolve360.co.uk

 

Compliance with UKLaw

It is an offence under UK Law to transmit, receive or store certain types of files

 

You may not use our services to engage in activities, or store, transfer to receive material of an indecent, offensive or otherwise illegal nature.  Any such activities may result in prosecution by the UK authorities under the relevant Criminal Acts including but not limited to the Computer Misuse Act 1990, the Telecommunications Act 1984, the Protection of Children  Act 1978, the Criminal Justice Act 1988 and the Prevention of Harassment Act 1997

 

It is also a criminal offence under UK Law to knowingly infringe intellectual property rights, such as copyright, patents, database rights and registered trade marks.  You are reminded that sharing copyright material through the use of peer to peer software may consequently constitute a criminal offence if done without permission of the right owner in question.  Evolve Business Group will cooperate with any agency or rights holder wishing to assert their rights in these matters and Evolve Business Group reserve the right to withdraw service under such circumstances

 

The Data Protection Act 1998 imposes numerous duties on users who process personal data relating to third parties.  Failure to comply with many of these duties constitutes a criminal offence.  Users who are not merely processing personal data for domestic (including recreational) reasons are reminded of their likely duty to register with the Information Commissioner

 

Under the Electronic Commerce (EC Directive) Regulations 2002, we are an ISP, are in general not liable to any criminal or pecuniary penalty for any unlawful acts carried out using our service unless we have actual knowledge of those unlawful acts.  Accordingly, if we become aware of credible evidence that you have carried out any unlawful acts we will take preventative measures to bring those acts to an end.

 

Compliance with foreign law

The internet is global in reach.  Consequently, it is possible for you to break the laws of foreign countries, notwithstanding that you are based in the UK.  You must take all reasonable steps to avoid breaching relevant foreign laws

 

Warranties and Disclaimers

Our service warranties and the extent of our liability are explained fully in our Terms & Conditions.

By connecting to the Evolve Business Group Network, you agree to hold Evolve Business Group harmless in the event of any legal claim regarding our services

 

Irresponsible usage

Customer acknowledges that they have a responsibility to ensure that their connection is not used in an irresponsible manner.  Evolve Business Group deem irresponsible use of the connection as including but not limited to, sending unsolicited e-mails, “spamming”, attempting to breach the security of a third party machine, and flooding usenet by placing a single post in a large number of newsgroups

 

In the event that a customer’s connection is used for any purposes that Evolve Business Group deem irresponsible then we reserve the right to suspend service while the usage is investigated in consultation with the customer.  Should investigation determine that the connection has been used irresponsibly, Evolve Business Group reserve the right to terminate the customers account with immediate effect.  Wherever possible, the customer will be notified in advance of any termination

 

Security and privacy

Login names and passwords must be kept secret and not be communicated to any third party.  Evolve Business Group must be notified immediately if they are compromised.  Please keep a note of your password.  If you forget or lose your password you will need to contact support to have it changed

 

Evolve Business Group will not guarantee the security or confidentiality of any data transmitted over our network.  Where security or confidentiality is required, the customer must provide their own end-to-end security mechanism

 

Anti Virus

We strongly advise customer connecting to our wifi services to ensure that they have full update to date antivirus software installed on their end user device.  We provide an Internet access only. Neither Evolve Business Group or any of our clients where our wifi system  is installed can accept liability for damage done as a result of a virus or spyware. The terms of use of this service insist that you (the end user) are confident that you have the necessary protection against such threats.

Internet access (dial-up/ADSL/leased-line)

Standard dial-up account are for a single user only.  Users may only have one dial up connection per account at any one time.  You may not transfer or give out your connection details for others to use

 

You are responsible for all traffic that is sent from your connection.  It is therefore your responsibility  to ensure that all software on your side of the connection is virus free and up-to-date with all relevant security patches.  In particular, server software running on public-facing ports, such as mail servers and proxy servers, must not be remotely exploitable

 

If we find malicious traffic emanating from your connection, we have an obligation to our customers and peering networks to take urgent measures to block that traffic.  In many cases, this can be achieved by selective port blocking, but in other cases, this will involve disconnecting and suspending the account until the issue has been resolved.  We understand that in many cases, you may not be responsible for or are aware of the problem, we will work with you to resolve the issue as efficiently as possible to restore normal service

 

Messaging Services

Messaging Services covers any transaction involving software that transmits messages from one user to another, such as e-mail , IRC, instant messaging or Usenet. Users may not abuse or make physical threats against another person via any type of messaging service or any other electronic media/service we provide

 

Users must abide by the policies or any messaging or IRC networks they use.  We will cooperate with the administrators of such networks to identify abusive calls and restrict their access.  Users are reminded that harassment , threatening or slanderous behaviour is prosecutable under UKlaw

 

Users may not forge the sender address of any messages to appear to be from someone they are not

 

e-mail

Users may not use our services to send unsolicited commercial e-mail (UCE, also known as spam).  Evolve Business Group will block the mail services of any customer found to be sending such mail

 

Users may not have ‘open mail relays’.  Evolve Business Group will close the relay or connection of any customer found with an open mail relay

 

Opt-in mailing lists are allowed, where it can be proved that subscribers did opt-in and that a suitable opt-out mechanism is available

 

Evolve Business Group reserves the right to remove any mail older than 60 days from the server.  It is the customer’s responsibility to ensure that mail is reagularly collected and removed from Evolve Business Group's POP3 server.  Evolve Business Group strongly advise against the use of POP3 option to keep mail on the server.  If a POP3 mailbox contains an excessive amount of mail, Evolve Business Group reserve the right to remove older mails from the mailbox to reduce its size

 

Usenet news

Users may not  “spam” or flood the Usenet with a single post to a large number of newsgroups which are not related to the topic of your article

 

When using newsgroups, subscribers must comply with the globally accepted Usenet Acceptable use policy.  A good place to refer to is usenet.org

 

Evolve Business Group reserve the right to cancel any message posted to a news group if it is deemed to be of an unsuitable nature

 

Web Space (Homepage)

By uploading the homepages host, the customer will be deemed to have accepted and agreed to the Terms & Conditions of use of the Web space service

 

You will be responsible for the content of your Homepages site including obtaining the legal permission for any works they include and ensuring that the contents of  these pages do not violate UKlaw.  Evolve Business Group reserve the right, without notice or explanation, to remove material which does not comply with the AUP or our Terms and Conditions , such as material of an adult nature or pirated software

 

Evolve Business Group reserve the right to suspend any or all of the Homepages service at any time, without prior notice, explanation or recompense

 

Subscribers will be held solely responsible for any defamatory, confidential, secret or proprietary material made available via your Homepages site.  Evolve Business Group reserve the right to suspend any sites containing such material.  You must be careful when using peer to peer networking software to ensure that you do not download or transfer material which you do not have the right to download or transfer

 

The web space included with your ADSL or dial up account cannot be linked to a fully qualified domain name and does not provide for CGI scripts or access logos.  Commercial Web Space without these restrictions, is available on application for an additional charge

 

Login names and passwords must be kept secret and not communicated to any third party, except for agencies, such as Webpage designers, working on your behalf.  Evolve Business Group must be notified immediately if they are compromised.  If someone were to gain access on your account password, they could tamper with the files held on your site.

 

Technical support will only be provided for uploading, downloading and viewing pages.  No support will be provided for HTML authoring or page design

 

The customer has sole responsibility for ensuring that any data is suitably backed-up.  Evolve Business Group will accept no responsibility whatsoever for loss of data or information resulting from the use of this service

 

If  the account is suspended for any reason, such as non-payment, access to the customer’s homepage, both for viewing and uploading, may also be suspended

 

On closing an account, the relevant data on this Web space will be deleted

 

 

Web Space (Commerical)

By uploading to a Evolve Business Group commercial Web server, the customer will be deemed to have accepted and agreed to the Terms & Conditions of use of the Web space service

 

You will be responsible for the content of your site, including obtaining legal permission for any works they include and ensuring that the contents  of these pages do not violate UKlaw.  Evolve Business Group reserve the right, without notice or explanation, to remove material which does not comply with this AUP or our Terms & Conditions, such as material of an adult nature or pirated software

 

Evolve Business Group reserve the right to suspend any or all of a site, if it is deemed to be causing excessive load or traffic, is adversely affecting the performance of other sites on the server, or is being abused by an external entity.  It is the customer’s responsibility to ensure that their scripts are not vulnerable to these problems

 

The Customer agrees not to advertise their Website via unsolicited commercial e-mails.  Evolve Business Group reserve the right to suspend a site which has been “spamvertised” at any time

 

Evolve Business Group do not set hard quotas (a quota is the amount of Web space you have allocated) on commercial Web space.  If you go over quota, your Website will continue to work but you will be notified.  It is your responsibility to ensure your quota exceeds your usage at all times.  You may upgrade your quota at any time by contacting your account manager.  If a site is excessively over quota, Evolve Business Group reserve the right to suspend the site.

 

Subscribers will be held solely responsible for any defamatory, confidential, secret or other proprietary material made available via your Homepages site.  Evolve Business Group reserve the right to suspend any sites containing such material.  You must be careful when using peer to peer networking software to ensure that you do not download or transfer material which you do not have the right to download or transfer.

 

Login names and passwords must be kept secret and not communicated to any third party, except for agencies, such as Webpage designers, working on your behalf.  If someone were to gain access on your account password, they could tamper with the files held on your site

 

Technical support will only be provided for uploading, downloading and viewing pages.  No support will be provided for HTML authoring or page design.

 

The customer is ultimately responsible for ensuring that their site is suitably backed-up.  Evolve Business Group takes backups of the commercial serves for disaster recovery purposes only.

 

If the account is suspended for any reason, such as non-payment, access to the site, both for viewing and uploading may also be suspended

 

On closing an account, the relevant data on this Web space will be deleted

 

Attempted Security Breaches

Any attempt to breach the security of any machine is forbidden.  Attempting to do so will result in immediate account termination and possible further legal action.  Users may not run an program that monitors network packet data or any program that compromises privacy of network traffic

 

It should be noted that attempting to breach security may lead to prosecution under the Computer Misuse Act 1990 or any other relevant criminal legislation

 

Attempts to circumvent copy protection technology and encryption are also likely to be illegal under the Copyright Designs and Patents Act 2988 (as amended)

 

Non-specific

Users may not mount an attack, by whatever means, against our system, or any other systems.  Users may not run unauthorised mailing lists from, or through any of our machines, or mail servers

 

Any IP addresses assigned to customers are owned by Evolve Business Group

 

When using quota-based service, it is your responsibility to remain within your usage quota.  Evolve Business Group reserves the right to delete files for over-quota users if disk space is affecting the normal running of the server

 

Technical support

Technical support exists for the benefit of Evolve Business Group’s customers providing support for questions relating directly to our services.  Technical support is here to provide the best service possible to our customers, but can, at times, be stretched by having to answer unnecessary calls.  When contacting Technical Support, please ensure that you have all relevant details to hand, including details of any specific error messages encountered.  Please help us to help you

 

 

Evolve Business Group

Evolve360 ™ : TERMS AND CONDITIONS

 

Evolve360 ™  specialises in the provision of Value Added Internet Services through the brands of Evolve Business Group.  In using/purchasing services from any, either or all of these brands, the client is contracting with Evolve360.  The Terms & Conditions described herein are applicable to all services supplied through Evolve Business Group and its subsidiaries.

 

Evolve Business Group has adopted a philosophy that assumes the honesty and good intention of Customers.  Services are provided in as unrestricted a manner as possible, to allow Customers to have the richest internet experience possible

 

These Terms & Conditions must be read in conjunction with our Acceptable Use Policy (AUP).  Both these Terms & Conditions and the AUP may be subject to change from time to time.  Evolve Business Group reserves the right to add to and/or amend these Terms & Conditions or the AUP at any time.  Such additions and/or amendments shall be published on the Evolve360 website at www.evolve360.co.uk.  Additions and/or amendments will be deemed to be acceptable by the Customer if the Customer decides to use the services.

 

 

1. About Evolve Business Group

1.1 Evolve Business Group is a Value Added Internet Service Provider.  It provides the Customer with access to the Internet and hosting services.  IP services, messaging and security services as specified in the Customer’s Order and on the terms set out below

1.2 Evolve360 & EvolveODM are trading names of WiFi Solutions (UK) Ltd which is a Company registered under the laws of England& Wales.  Its Company Registration Number is 56591694

1.3 Evolve360 & EvolveODM are wholly owned subsidiaries of Evolve Business Group

1.4 Except for enquiries relating to technical support, all communications with Evolve Business Group, including any complaints should be made by e-mail at the address given in the contact area of our website at www.evolve360.co.uk

1.5 Enquiries relating to technical support should be made via the contact area of our website at www.evolve360.co.uk

 

2. Services Specification

2.1 Evolve Business Group shall provide the Service in accordance with the service description within the Customer’s Order, subject to the limitations set out in this Agreement and in Evolve Business Group AUP and Privacy Policy

2.2 Service Credits and Service Level guarantees are only provided where a separate “Service Level Agreement” has been entered into and the Terms & Conditions of those services will be documented there

2.3 Evolve Business Group reserves the right to modify the services description in order to improve the quality of effectiveness of the Service without the prior agreement of the Customer.  Evolve Business Group will notify the Customer of any changes made at least 30 days in advance

2.4 Customer acknowledges that the ADSL services provided by Evolve Business Group are contended.  In order to ensure the best possible experience for all our customers, Evolve Business Group reserves the right to manage any traffic routed across the Evolve Business Group network.  Customer acknowledges that Evolve Business Group may manage the traffic of specific users without prior notice

2.5 Evolve Business Group may modify its AUP and Privacy Policy without the further agreement of the Customer so as to ensure that they comply with all relevant legislation or regulatory guidance and/or to bring them into line with common industry practice

2.6 Customer acknowledges that, due to the nature of the bonded broadband service, Evolve Business Group cannot guarantee that this service will continue to perform in line with the service description

 

3. Service Charges and Payment

3.1 Customer agrees to pay Evolve Business Group charges as specified within the service description within the Customer’s Order

3.2 Evolve Business Group reserves the right to modify its charges (including its charges for maintenance and support services and for training and instructional materials) for the Service upon 30 days written notice, or the termination period of the relevant Service Agreement whichever is the greater

3.3 For our Pay as You Go services, our usage statistics, as expressed on the control panel are the full and final statement for billing purposes

3.4 Chargeable calls incurred through Evolve Business Group's services are billed to the nearest penny, rounded up or down as applicable, in addition, Evolve Business Group's HomeTalk and OfficeTalk services are subject to rounding up to the next whole minute per chargeable call and to a call set up fee per chargeable call

3.5 Service charges will be invoiced in advance monthly, quarterly or annually as specified in the service description within the Customer’s Order,  If on account terms, payment must be received by Evolve Business Group within 30 days after the date of the invoice.  Evolve Business Group may chare daily interest on outstanding amounts until payment in full is received at a rate equal to 4% per annum above the Barclays Bank plc base lending rate as current from time to time.  If on pay in advance terms, payment must be received by Evolve Business Group by the due date agreed and subsequently by the due date of any service renewal

3.6 All sums due to Evolve Business Group under any order are exclusive of Value Added Tax (“VAT”) and any other use or sales taxes, duties or levies imposed by any authority, government or government agency which may apply or be introduced from time to time which shall be charges thereon in accordance with the relevant regulations in force at the time of providing the Service and shall be paid by the Customer

3.7 Evolve Business Group reserves the right to dictate the payment method associated with each service

 

4. Duties and Responsibilities

4.1 Customer agrees to pay in accordance with Evolve Business Group’s then current rates for maintenance and other service activities relating to the Service.

4.2 Customer agrees to pay for loss or damage to equipment and software used in providing the Service which is caused by Customer’s negligent use.

4.3 The Service will be furnished to Customer subject to the condition that it will not, nor will it permit others to use the Service other than in accordance with Evolve Business Group’s AUP and/or to use the Service for unlawful purposes or any purpose for which the Service was not designed including unauthorised use, obtaining or attempting to obtain service by rearranging, tampering with or making connection with any facilities of Evolve Business Group or by any deception, scheme, false representation or false credit device, or through any other fraudulent means or devices whatsoever

4.4 Customer will indemnify and save Evolve Business Group harmless from and against all loss, liability, damage and expense including reasonable legal fees, caused by the negligent acts or omissions of the Customer or other user of Customer’s service which result in claims for damage to property and/or injury or death to persons, claims for libel, slander, invasion of privacy or infringement of copyright, or any actions bought pursuant to the provisions of the Data Protection Act, including any amendment, replacement, or re-enactment thereof for the time being in force and invasion and/or alteration of private records or data arising from any information, data or message transmitted by Customer or its users, and claims for infringement of patents arising from he use of apparatus and systems of the Customer in connection with WIFI (Solutions) UK Ltd

4.5 Customer will be responsible for the content of any transmission over the Service and the connection of any Non Evolve Business Group equipment to the Service.

4.6 Customer shall use its best endeavours to protect and keep confidential all Evolve Business Group software, used by it and shall make no attempts to examine, copy, after, “reverse engineer”, decompile, discover the source code to, tamper with, or otherwise misuse such software

4.7 Customer’s right to use the Service is personal to Customer and its authorised users, non-exclusive and non-transferable. Customer is not permitted to sell, assign, sublicense or grant a security interest in or otherwise transfer any right in Evolve Business Group’s software.  This Agreement does not grant Customer any right to any Evolve Business Group’s software except the limited right to use set out in this sub-clause

4.8 Customer shall comply at all times with all relevant statutory and licensing obligations in connection with accessing and using the Service

4.9 Customer agrees to provide if required at their premises a suitable environment for any equipment necessary to provide the service.  Customer agrees to permit reasonable access to Evolve Business Group’s employees, agents or contractors onto its premises whenever necessary for purposes of installation or repair or Evolve Business Group’s supplied equipment necessary to provide the service.

4.10 Save as indicated below in 4.11 Evolve Business Group shall not be responsible for the installation of equipment necessary to provide the service or for any cabling

4.11 Evolve Business Group shall be responsible only for the installation of the equipment purchased from them under a managed service agreement and will not be responsible for other residential or business Customer Premise Equipment

4.12 Evolve Business Group will maintain the service and provide Customer and its authorised users of the Service such training, instructional material and other support service as deemed appropriate at Evolve Business Group's then current prices for such support services

4.13 Customer acknowledges that Evolve Business Group will use e-mail as the primary method of contact with the customer.  Evolve Business Group will not be held liable for failure to contact the Customer through alternative means

4.14 For ADSL services the customer shall be responsible for the provision and maintenance of the PSTN circuit.  Evolve Business Group shall not be held liable for any failure of the ADSL service due to any actions of the customer or a third party which leads to a disconnection or suspension of the PSTN circuit

 

5. Evolve Business Group’s right to suspend the service

5.1 Evolve Business Group reserves the right to suspend all or part of the Service provided to the Customer if it becomes aware of any actual or potential breach of its AUP by Customer or other user of the Customer’s Service.  If the customer fails to remedy any breach within 10 days after written notice, then Evolve Business Group reserve the right to terminate this agreement in accordance with the provisions in clause 8.4

5.2 Evolve Business Group reserve the right to suspend all or part of the Service if the provision of the Service might expose Evolve Business Group to criminal or civil liability of any kind

5.3 Evolve Business Group shall only restore the Service to full operation if, on the information provided to it in relation to the reason for the suspension of the Service , it in good faith reasonably judges that there is no risk of the restoration of the Service exposing it to criminal or civil liability of any kind and/or its AUP is fully complied with

5.4 Evolve Business Group reserve the right to suspend all or part of the service if payment is not received in accordance with the terms and conditions and such service will only be resumed and then entirely at Evolve Business Group’s discretion, if all monies outstanding have been received by Evolve Business Group.  Further this Clause shall be without prejudice to Evolve Business Group’s right to terminate in any event the agreement in accordance with Clause 8.4

5.5 During any period of suspension the Customer agrees to continue to pay and to remain liable for all charges pursuant to these terms and conditions and the Customer’s Order

 

6. Warranties

6.1 Evolve Business Group’s sole liability for any damage due to any defect or non-performance of the Service is limited to those actually proven as directly attributable to Evolve Business Group, limited to the monthly charges paid for the Service from the date said damages were incurred, but in no event more than three months of charges, subject to a ceiling of 10,000 pounds in the aggregate under this Agreement

6.2 Evolve Business Group will not be responsible for any delay in or failure of the Service due to any occurrence beyond Evolve Business Group’s control

6.3 Evolve Business Group gives no warranties and accepts no responsibility in relation to the information of third parties accessed by Customer by means of the Service

6.4 Nothing in this Agreement shall be construed as to limit or exclude either party’s liabilities in respect of death or personal injuries or any inalienable statutory consumer rights of the Customer

6.5 To the extent that the exclusions and limitations in this Agreement are in any jurisdiction contrary to any statute or rule of law, such exclusions and limitations are to that extent disapplied

6.6Evolve Business Group WILL NOT BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.

6.7 Evolve Business Group MAKES NO WARRANTY, EXPRESS OR IMPLIED, RELATNG TO THE FITNESS, PURPOSE OR QUALITY OF THE SERVICE

 

7 Privacy Policy

 

7.1 Evolve Business Group shall deal with all personal data relating to Customer which it acquires when entering into and performing this Agreement in accordance with its Privacy Policy

7.2 Evolve Business Group complies with the Provisions of the Data Protection Act 1998 and is registered with the information Commissioner under Regulation Numbers

 

 

8. General

8.1 All Notices (save where otherwise provided in this Agreement or in applicable legislation) from either party to the other shall be sent by first class post prepaid post or by e-mail.  Evolve Business Group shall send all notices to Customer’s billing address or to the e-mail account notified by its Customer. Customer shall send all notices to Evolve Business Group’s address or e-mail address, as set out in Clause 1 of this Agreement.

8.2 This Agreement may not be assigned, delegated, transferred or otherwise dealt with, without the prior written consent of Evolve Business Group.  Customer authorises Evolve Business Group to assign of transfer this Agreement, including any and all billing and service provisioning activities, to any third party for Service to be provided outside the UKas necessary to enable Evolve Business Group to provide the Service

8.3 No action, regardless of form, arising out of this Agreement may be brought by either Party more than two years after the cause of action has arisen, unless otherwise provided by legislation

8.4 Save as otherwise provided for in this Agreement, this Agreement may not be waived, altered or modified except by documentation in writing by authorised representatives of Evolve Business Group and Customer. No agent, employee or representative of Evolve Business Group or Customer has any authority to bind Evolve Business Group or Customer to any affirmation, representation or warranty unless such is specifically included in this written Agreement

8.5 The Section headings in this Agreement are inserted for convenience only and are not intended to affect the meaning or interpretation of this Agreement

8.6 This Agreement shall be governed by and construed and interpreted in accordance with English law and the parties submit to the jurisdiction of the English courts

8.7 If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be in any way affected or impaired thereby

 

THE PARTIES FURTHER AGREE THAT THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THEM AND SUPERSEDES ALL PROPOSALS, ORAL OR WRITTEN AND ALL OTHER COMMUNICATIONS BETWEEN THEM RELATING TO THE SUBJECT HEREOF, THIS ORDER SHALL CUMULATIVELY CONTAIN THE ENTIRE CONTRACT BETWEEN THE PARTIES

 

8.8 We are continually reviewing our Terms & Conditions in line with the services we provide to our customers.  Should you have any comments to make concerning the contents, please contact us at admin@evolve360.co.uk


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