Legal

Please read through these Terms and Conditions - particularly at the bottom IN BOLD regarding your domain name.

Use of EVOHOSTING's Service constitutes acceptance and agreement to EVOHOSTING's TOS (Terms of Service), SLA (Service Level Agreement). From herewith in this TOS and SLA, the usage of “us”, “we”, “our”, “ours” shall constitute reference to EVOHOSTING, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of EVOHOSTING.

Acceptance of Contractual Agreement

1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by EVOHOSTING, that you are agreeing to our TOS and SLA. No Modifications of said contract by customer is allowed.

2. EVOHOSTING will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, TOS and SLA. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

3. In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds allotted amount, specified in Customer's contract, Customer will be suspended until customer's hosting plan. Customer can then downgrade the following month.

4. EVOHOSTING will not under any circumstances accept financial liability for sickness, stress, injury, loss of earnings, loss of data or failure of computer hardware, software, due to using our services, or advice given by staff.

What may not be hosted on our network:

- Copyrighted Software / Media
- Child pornography
- Info, tools or attempts related to hacking, phreaking, phishing, anarchy, virii or spam
- Racist content
- Proxy Servers
- Bots of any kind
- Anything that degrades the performance of our server or degrades performance of ANY other server.

If you find any of the above materials hosted on one of our web servers, please report to abuse@evohosting.co.uk .

Additionally, we reserve the right to ban the use of applications which allow the proliferation of unsolicited email from our network, or which decrease the performance of our servers thus bearing on the quality of service we may provide to other customers.

Network Uptime is the total time in a calendar month that EVOHOSTING network is available through the Internet, provided that Client has established connectivity. EVOHOSTING takes responsibility for Network availability within their network, however, we cannot be held liable for upstream problems outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, that render 100% packet loss, 99.9% of each calendar month

Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled “Network Uptime” above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in EVOHOSTING's Network as confirmed by EVOHOSTING. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

Scheduled Downtime is any EVOHOSTING scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail or MSN Messenger.

SLA Network Violation Credit

· Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability: · Scheduled downtime · Problems outside of EVOHOSTING's network (upstream providers, or client's inbound connection) not effecting 100% loss to our network · Interruptions or failure of individual service caused by client, their employees, client's customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, server hardware failures or other users on server to cause the server to overload which may cause downtime. We will do our best to remove such offenders immediately

Payment:
Establishment of this service is contingent upon receipt of payment from Customer to EVOHOSTING. Subsequent payments are due on the anniversary date of the month for that month's service, unless customer requests all monthly payments to be consolidated to one specific billing date. Any additional services relative to a primary hosting account, will be prorated to the primary hosting account's monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.

Payments and Fees:
Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a £10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a £20.00 reconnect charge. Accounts not paid by due date are subject to a £10.00 late fee. Accounts that are not collectable by EVOHOSTING will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than Fifty (£50.00) nor more than One Hundred, Fifty (£150.00)

Delinquent Accounts:
EVOHOSTING may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

Delinquent Reseller Accounts:
Should your reseller account become delinquent, and payment not made to EVOHOSTING, resulting in a suspension of service you will have 48 hours to make restitution for the delinquent balance. Any account left unpaid after 48 hours of suspension and reseller not contacting the EVOHOSTING billing department to resolve the issue will allow for the reseller's client to be able to purchase the server directly, and assume financial responsibility from that point forward. The balance must be paid entirely by the client prior to lifting the service suspension. Resellers shall not hold EVOHOSTING responsible for failure to appropriately pay their invoices in a timely manor set forth in your original contracts.

Account Cancellation:
All requests for canceling any service / services must be made in writing with at least 15 days notice, this can be done by visiting http://clients.evohosting.co.uk > My Hosting Accounts > Cancel.

Refunds and Disputes:
All payments to EVOHOSTING are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge backs, in EVOHOSTING's discretion which is valid, under the terms and conditions of our SLA and TOS, will result in service interruption, and reconnection fees to restore the desired service.

Free domain name Terms and Conditions:
If you ask for a refund within 30 days then your free domain is no longer free. Why? Because we have to pay for it! If you want to keep your domain but move out within the first 30 days of hosting with us you must pay a domain release fee of £8.08. Lots of people try to scam a free domain from us, this isn't possible. If you leave within 30 days and want to keep your domain then you must pay this release charge, it is as simple as that.

Server Restore:
EVOHOSTING does backup your data, however we are not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. EVOHOSTING shall not be liable for loss of data under any circumstance.

Hardware replacement will occur within 1 - 8 hours of the reported problem, EVOHOSTING will refund 5% of the monthly fee per additional 8 hours of down time (up to 100% of customer's monthly fee). In order to reduce replacement hardware downtime, we keep a small quantity of pre-built systems on hand to swap out Hard disks, so that your server can be back up in the shortest amount of time. For Hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment. In order to request an SLA hardware violation credit, you must email sales, within 10 days of reported violation, at: sales@evohosting.co.uk . SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM GMT. *Hardware SLA violations do not cover network violation*

Special Offers: From time to time, EVOHOSTING may offer a doubled disk space and bandwith offer, This is subject to availability and strictly limited to our Shared hosting plans, excluding but not limited to Reseller plans.EVOHOSTING reserve the right to withdraw this offer at anytime.

You agree to all of these terms when you sign up to Evohosting.