Terms and Conditions

Terms and Conditions

Regarding the delivery of products and services, Evoned applies the following terms and conditions. These general conditions are applied when buying and using services of Evoned. By buying any Evoned product or service, you explicitely agree to accept and be bound by the conditions as described herein. Evoned reserves the right to update these terms and conditions at any time without notice.

1 Definitions

1.1 Account: the unique login-name that provides the customer access to the system of Evoned.
1.2 Account information: the information gathered and retained by Evoned to send invoices to the customer, including data on usage and data traffic.
1.3 Fair use: reasonable user- or customer-generated data traffic, usage of disk space and / or the load on the system, to be determined at any time by Evoned, and applying to all services if not specified differently in agreements regarding these products or services.
1.4 Customer: the individual or the party (all possible entities) that enters into an agreement with Evoned for the delivery of Evoned products and / or services.
1.5 Agreement: the agreement between Evoned and the customer upon service and product delivery.
1.6 Disk space / storage: storage that Evoned provides to a customer for the purpose of hosting a website, databases and email addresses.
1.7 System: any computer or hardware components within the Evoned infrastructure, which provides the actual hosting and administrative services.
1.8 Data traffic: the information generated by customer systems and accounts using Evoned services.
1.9 Evoned: Internet Service Provider, registered in The Hague, Netherlands (Chamber of Commerce registration number 27353197).
1.10 Products and services: (orders for) services and products, planned and conducted by Evoned on behalf of customers.

2 General

2.1 These conditions apply to any offer, order and agreement between Evoned and a customer to the extent that the parties have not explicitly overridden these conditions in writing and in agreement.
2.2 Evoned is authorized to modify these terms at any time. The amendments come into force one month after it was announced to the way as provided for in art. 12.2.

3 Evoned Services

3.1 Evoned offers customers a non-exclusive and non-transferable right to access the system for usage of the system for the duration of the agreement. The customer does not copy any documents for personal use nor for backup. When the customer makes a photocopy for any reason, it should leave intact and unchanged all the symbols that have a decisive nature.
3.2 For some services, additional and specific conditions apply to the use of the service. These additional conditions are published separately. These include, but not exclusively, a fair use policy, access rights and property rights.
3.3 Evoned makes every effort as a provider of good services to maintain a good connection with the customer’s system and the security of stored data. Yet Evoned can not guarantee unobstructed access to the system and the Internet, nor the ongoing use of services due to security breaches.
3.4 Evoned staff members do not look into the personal data of the customer and do not put this data at the disposal of third parties for any other reason than to carry out it’s service, unless Evoned is obliged to do so by law or by court order, or where the customer acts, or is suspected of acting in conflict with the obligations of the general conditions mentioned in section 5.
3.5 Evoned is authorized to make the system inoperable (temporarily) or to limit the use if necessary for maintenance or adjustments or improvements to the system without the customer being entitled to remuneration through any claim towards Evoned.
3.6 Evoned is authorized to make changes in the systems’ configuration and accounts, without the customer being entitled to remuneration. In such cases where it directly affects a specific customer or service, Evoned makes the customer aware of any changes as soon as possible.
3.7 The monitoring and management of the system 24 hours a day 7 days a week can not be guaranteed. Evoned strives towards maintaining 99.9% uptime.

4 Third Party Services

4.1 Evoned depends on the services or networks of others for the delivery of its services, such as – but not limited to – cable or DSL, the facilities for colocation and ‘backbones’. Evoned is not responsible for damages of any kind or on behalf of someone, caused by services or third party networks or service providers, including – but not limited to – defects in the networks or infrastructure of third parties.
4.2 Evoned takes care of the customers domain registration. The choice of the domain name is the sole responsibility and risk of the customer. Evoned accepts no responsibility for the selection and use of the domain name.

5 The services of Evoned

5.1 The customer adopts an attitude and behavior consistent with what one might expect from a responsible and scrupulous user. The customer must inform in writing Evoned of any changes in personal data as soon as possible.
5.2 The customer shall refrain from disturbing other customers or users of the Internet, and from inflicting damage to the system. It is forbidden to set up processes or programs the customer knows or of which can be reasonably suspected can hinder or cause damage to Evoned systems or hardware or other customers or users of the Internet . This explicitely includes indirect damages due to improper configuration by the customer.
5.3 The customer is not authorized to use the system and disk space for actions and / or behaviors that are unlawfull, conflicting with reasonable behavior or the guidelines of the Code of Advertising Committee, the agreement or these terms and conditions. These include, but are not limited to, actions and behaviors such as:
- Spam: sending large quantities of unsollicited email and / or large amounts of a group messages with the same content. It also includes all the spam sent by any other provider by referring to a website, email address or any other service provided by or related to Evoned.
- Infringement of copyright publications or other intellectual property rights of others.
- Publish or disseminate child pornography
- Sexual bullying of others
- Piracy: the breaking into other computers or computer systems on the Internet.
5.4 The illegal material is not allowed on servers of Evoned, whether this is images, shots, links or other material of that kind. It is prohibited to store, distribute or display erotics, pornography or other offensive material on servers of Evoned. It is the sole decision of Evoned whether the material is part of the above categories and Evoned reserves the right to delete such material without notice. In the event that such material be removed, the customer can not file a complaint against the decision.
5.5 It is not allowed without prior permission of Evoned to install large amounts of data on the server that can be requested or can be downloaded for free. The purpose of the server is a place of sale and presentation and does not work as hard disk to store or distribute data such as zip, mp3 or jpg.
5.6 Evoned is authorized to deny or restrict access to the system, if a customer exceeds the fair amount of data traffic or fair use disk space and system load. These agreements provide that the customer must pay the agreed costs to the extent exceeding what is relatively expected. Evoned can execute a denial or restriction of service five days after the customer is informed by Evoned. Evoned is not liable for damages as a result of denial or limitation of service. The administration of Evoned provides compelling evidence for the parties with respect to the excess over the amount of data traffic, unless proved otherwise by the customer.
5.7 The Customer may not transfer his account nor any other rights from the agreement to third parties unless Evoned only gave permission in writing.
5.8 The customer is responsible for the soft- and hardware, and configuration, devices and connections to enable himself access to the system.
5.9 The customer is limited to the amount of disk space as described in the agreement. The customer assumes the responsibility that this amount is not exceeded. When the amount is exceeded, Evoned is authorized under a proper functioning of services, to delete the information.
5.10 The customer gives Evoned permission to record personal data at Evoned, which is necessary for its administration and management tasks. The registration of personal data includes both the account details and traffic and is only accessible by Evoned, and this data is not provided to third parties unless Evoned is obliged to do so by law or a legal conviction.
5.11 The customer may request to inspect or remove his data from his own account. He or she may do so by the customer portal or by sending a mail or fax, along with a (copy) ID (valid) or a certificate of the Chamber of Commerce to Evoned. Evoned responds to these requests by mail, for free, within three working days.
5.12 The Customer warrants that he or she Evoned is authorized to conclude an agreement.
5.13 The customer is responsible for back-ups of all files that are placed on the system.

6 Offers, agreements, payment and price

6.1 The customer has the right, when ordering online, to cancel the purchase within 14 days from date of order. Yet domains are unique and accounts are individually tailored and based on the domain. Evoned begins to establish and adapt the account and domain upon receipt of the order. When ordering online and upon agreement of these terms, the customer agrees to waive his right to cancel the ordered products and services. After accepting the offer by the customer, revocation by Evoned remains possible. In case of this revocation there will be no agreement and Evoned is required to reimburse the customer the amount it has received. Evoned reserves the right to refuse a customer for her own reasons.
6.2 All agreements are concluded for a period of one year, unless otherwise agreed in writing.
6.3 The payments to Evoned must be paid in advance, unless otherwise agreed in writing. The customer must pay the amount due within 14 days after the invoice date.
6.4 If the customer does not pay within the period as indicated in art. 6.3, he or she is legally in default and he or she is due to pay legal interest on the amount. In addition, all reasonable expenses incurred to acquire satisfaction outside the court must be paid by the customer. These costs amount to 15% of the original amount due with a minimum of €10,-, unless Evoned can prove that costs are higher.
6.5 All online payments made by the customer are processed by the dedicated payment provider and the bank of the customer. On all of these payments, the general conditions of the payment provider and bank apply.
6.6 All payments made by customer by credit card are processed by the payment service provider MultiSafePay. in collaboration with the company’s credit card facilitator. On all credit card payments , the terms and conditions of MultiSafePay and the respective credit card companies are applied.
6.7 All payments made by customer through Paypal are processed by PayPal (Europe) sarl & Co., S.C.A., Luxembourg. On all payments, Paypal applies the general conditions of PayPal.
6.8 These terms and conditions fully apply to all customer payments.
6.9 The customer is dependent of the services delivered by Evoned and thus held to making a payment as mentioned on the website of Evoned (www.evoned.com). All prices exclude VAT, administration costs and fees, unless otherwise indicated.
6.10 Evoned always reserves the right to change the height of payments and other expenses. The changes will be published no later than one month before coming into force on the site Evoned. A customer who does not agree with these changes is allowed, unlike what is stated in the art. 10.1, to terminate the contract from the date of modification until the entry into force of this amendment. Because all customers have access to the customer control panel and as this is a closed and controlled environment for communication between Evoned and it’s customers, communication about pricing and/or terms and conditions will be done through that platform.

7. Duration and conclusion of the agreement

7.1 Termination of Agreement is subject to a notice of one (1) month before the end of the agreed period. Termination is possible both in writing and by fax, provided that this period does not begin until the day Evoned has received the termination. A cancellation form will be put at the customers’ disposal at his request.
7.2 If the customer does not respect the agreements concluded with Evoned, or obligations under these conditions adequately, or if there are doubts whether the customer is able to comply with its contractual obligations with Evoned, Evoned is allowed without proof of default or judicial intervention, either to postpone the service provided by Evoned or to terminate (fully or partially) the Agreement, without the customer being entitled to compensation, with all other rights remaining into force.
7.3 Evoned is authorized, without serving any notice or judicial intervention to terminate the contract immediately and to discontinue service when the customer:
- provided false or incorrect personal information;
- Has neglected to correct details and changes in personal information;
- Has concluded the agreement under false pretenses;
- Acts in contradiction with Art. 5 of these Terms;
- Has been declared bankrupt or has filed for bankruptcy;
- has requested deferred payment;
- Was placed under curatorship

8. Disclaimer

8.1 Evoned is not responsible for any damages, unless the damage was caused by a gross error or by intent by Evoned. In particular, Evoned is not responsible for damages that are connected to or resulting from interruptions or impediments to access to the system or the Internet, on the part of Evoned or others, gaps in the security of information stored by the customer on the systems of Evoned, actions from other customers or users of the Internet, or changes of the account.
8.2 The customer who acts contrary to his obligations in the contract or these conditions is responsible for any damage that may result herefrom.
8.3 The Customer waives Evoned of all third party claims for damages or otherwise, to any extent caused by the customer’s account, the system or internet, or in the case of not respecting the agreement or the terms and conditions.
8.4 Evoned is authorized to immediately disable access to the system without further notice, when and as long as the customer acts contrary to statements in sections 4.1 to 4.4. In addition Evoned is allowed in this case, if the gravity of the offense justifies it, to terminate the contract immediately, and the customer is not entitled to damages arising therefrom.

9 Force Majeure

9.1 Cases of force majeure include all external events which, in fairness, can not be foreseen, for which Evoned is unable to fulfill its obligations to its customers. It includes among others – but not limited to – connections with the Internet, malfunctions in telecommunications infrastructure and failures in networks and systems.
9.2 Evoned has the right to appeal upon force majeure, when circumstances preventing the delivery of services and / or products (additional) occur after agreement upon these terms and conditions.
9.3 In the case of force majeure, the delivery and other obligations are adjourned. If the period in which Evoned by force majeure is not able to fulfill its obligations lasts more than two weeks, each party is entitled to terminate the agreement without judicial intervention, without a party is entitled to compensation.

10 Complaints

10.1 Evoned only deals with complaints relating to products and services delivered by Evoned and / or behaviors or actions of customers of Evoned.
10.2 Evoned will do everything possible to deal with complaints related to Evoned properly, and to achieve service improvements whenever possible. The customer may file a detailed complaint within 3 working days, preferably by email to support@evoned.com. The complaint will be handled by Evoned within 3 working days after the complaint is reported. The customer will be informed at least 3 working days after the complaint is filed.
10.3 Evoned will do everything possible to deal with complaints concerning acts or conduct by customers correctly. The customer may file complaints about abuse, spam or illegal operations of customers within 3 working days by sending an email to support@evoned.coms, containing a detailed log of the events in question, including time / date or headers and a description of the reason for the complaint.
10.4 filing a complaint does not exempt the customer of fulfilling all other obligations as stated in these terms and conditions.

11. Disputes and applicable law

11.1 The Netherlands law governs all agreements between Evoned and its customers. The court in The Hague is only authorized to take cognizance of disputes arising out of or related to agreements between the customer and Evoned.
11.2 If the customer, not acting in the capacity of a profession or business, does not agree with Art. 11.1, he or she is entitled to judgement of any court certified by law, to rule on a settlement of the difference, only within one (1) month after Evoned has appealed to the art. 11.1.
11.3 If any article of this Agreement is invalid or reversed, the remaining articles remain valid and in place. If one or more regulations are invalid, the parties are bound by rules of similar effect that are not exposed to disability.

Version 20110218