Agreement Between you and Evocart ecommerce solutions

These Terms & Conditions constitute a legal agreement between you and Evocart Ecommerce Solutions. You must accept without modification all of the terms, conditions, and notices contained in these Terms & Conditions in order to access and use any of the services provided by Evocart Ecommerce Solutions. If you do not accept these Terms & Conditions in their entirety, you may not access or use the services provided by Evocart Ecommerce Solutions.

Evocart Ecommerce Solutions provides ecommerce and hosting services, Evocart Ecommerce Solutions reserves the right to suspend or cancel any customer's access to any or all services provided by Evocart Ecommerce Solutions when Evocart decides that the account has been inappropriately used or otherwise.

These are the terms and conditions for use of the ecommerce and hosting services provided by Evocart Ecommerce Solutions. By purchasing services from Evocart, you (subscribers) agree to abide by these terms and conditions. We reserve the right to change this agreement at any time without notice.

Modification of these terms of use

Evocart Ecommerce Solutions may wish to update or change the terms, conditions and notices for the service provided from time to time to reflect changes in the service, changes in the laws affecting the Services, or for other good reasons. You understand that Evocart Ecommerce Solutions reserves the right to make these changes and that you are responsible for regularly reviewing these terms, conditions and notices. Continued access to or use of the Services provided by Evocart Ecommerce Solutions after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Evocart Ecommerce Solutions & Services shall be subject to the Terms & Conditions, as modified from time to time.

Evocart's right to use feedback or suggestions you submit

Evocart Ecommerce Solutions wants your voluntary feedback and suggestions on the Services we provide so that we can continually improve the services for you and other customers. When you submit feedback and suggestions, please understand that Evocart Ecommerce Solutions needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you should understand that by submitting any feedback or suggestions to Evocart Ecommerce Solutions concerning the services we provide, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Evocart Ecommerce Solutions and its affiliated companies permission to: Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions; and Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions.

These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to Evocart's use of the materials contained within such feedback or suggestions.Evocart Ecommerce Solutions is under no obligation to post or use any materials you may provide and may remove such materials at any time at Evocart's sole discretion.

Lawful Use

Evocart Ecommerce Solutions accounts are to be used by the primary owner only, account holders are not permitted to resell, store or give away the services of their account to other parties even if it was for free or non-profitable.

You are responsible for conforming to all federal, state, and local laws regarding the Internet and electronic communication. You must respect the intellectual property and copyrights of resources provided by others on the net. You may not participate in any illegal activities while using your account. You must obey the laws of the United Kingdom, England and Wales and other countries that you communicate with over the net. We cannot and do not monitor or control traffic content to/from our service. You are responsible for keeping your activities legal, and for censoring yourself and colleagues. Subscribers are not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against Evocart Ecommerce Solutions. Should the posted material fall into this category, we reserve the right to immediately refuse or terminate service.

Evocart does not allow any of the following contents to be stored on any of its servers - Illegal Material - This includes copyrighted works, commercial audio, video, or music files and any material in violation of any Federal, State or Local regulation.

- Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Evocart Ecommerce Solutions. We allow adult stores, our only restriction is that there must be no pornographic images or anything too offensive. We have several "Ann Summers" type stores using the Evocart Ecommerce Cart.

- Includes pirated software, ROMS, emulators, freaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

Evocart shall terminate any account that contains any of the above mentioned contents without any warning and without refunding any payments.

Data Protection

1.Unless indicated otherwise on the relevant Order form, the Client hereby agrees to allow Evocart to collect and process data and information regarding the Client’s use of the Service and to provide this to sub-contractors and/or companies affiliated with Evocart Ecommerce Solutions for the purposes of marketing Evocart Packages (or Evocart's affiliated companies) services, or other related services, or for any other purpose connected with the Agreement. Evocart will provide the Client on request with details of all such information held by Evocart Ecommerce Solutions, and will modify any information that the Client advises is incorrect.

2. Subject to and in accordance with relevant data protection legislation, the Client hereby consents to allow Evocart to collect data regarding Evocart's use of the Services and to provide such data to any governmental or regulatory body for the purpose of Evocart's compliance with any applicable laws and regulations.

3. Each party shall for the duration of any Agreement governed by these Terms and Conditions comply with the provisions of the Data Protection Act 1998, (including the data protection principles set out in that Act) and any similar or analogous laws, regulatory requirements or codes of practice governing the use, storage or transmission of personal data and shall not permit anything to be done which might cause or otherwise result in a breach by either party of the same.

4. Evocart possesses the right to communicate with the Client regularly via, but not limited to, electronic means.

5. Evocart may, from time to time, send Client information relating to the services of other companies that Evocart feels may be of interest to the Client. If the Client does not want to receive such information, it is to inform Evocart Ecommerce Solutions in writing.

6. Evocart Ecommerce Solutions has the right to deny Customer Support to the Client if the Client fails to demonstrate to the Evocart representative upon receipt of a phone call or e-mail by Evocart that they are indeed the Client and therefore authorised to request that changes be made on the account. The Client acknowledges that it may not always be possible for Evocart to guarantee that breaches will not occur and therefore agrees to cooperate with Evocart Ecommerce Solutions staff in its requests for Client authentication.

High resource user policy

Resources are defined as bandwidth, disk space and/or processor utilization. Evocart Ecommerce Solutions may implement the following policy to its sole discretion: When an account is found to be monopolising the resources available Evocart Ecommerce Solutions reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.

Data and backup

While we do backup all data within our own internal systems we are not liable for any loss of data which may adversely affect your business. This means that if you have uploaded your product data and/or built up a database of clients and/or orders, you must keep a backup on your own machine. Subscribers agree that Evocart has the right to delete all data, files, or other information that is stored on Evocart servers upon termination of services, or cancellation of account due to non-payment or breaking of any of these terms by subscriber.

Security

While Evocart makes all efforts to ensure the services we provide are both secure and robust, we make no claims about this security. If someone gains unauthorised access to your account they may/may not have access to customer details such as payment information, this is your responsibility. Hacking is a serious crime and effects most businesses. Should Evocart and/or any system provided by Evocart Ecommerce Solutions suffer a breach of security we cannot be held responsible. It is the client’s responsibility to delete credit card information after processing it.

Payment policy

Evocart reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of one year from the purchase of your account, excluding government charges such as VAT which can change and is out of Evocart's control.

In addition, Evocart reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a cancellation request; the Customer can request cancellation of their account and will be billed up to the first day of the following month.

All Charges are exclusive of VAT and any other applicable purchase tax, import, and all other duties. Any failure by the Client to pay any fees due under these Terms and Conditions on the date specified shall be deemed to be a "material breach" of these Terms and Conditions.

Hidden fees

There are no hidden fees of any kind that we request from our clients, other than ones displayed on this website. However, in some cases that require large amounts of work, like customisation, installation of different add-ons or upgrades, a £25/hour fee can be asked for. If the work to be done needs less than an hour then this fee will not be applied.

Money back Guarantee

Evocart offers a 30 day money back guarantee during which time clients can request the cancellation and refund of their accounts and Evocart will refund the payment made for the account. If the 30 days time has passed the cancellation and refunds come under the following section.

Cancellation and refunds

Customers can request cancellation of their account at any time without being charged a cancellation fee. You can send your request to support@evocart.co.uk. Your hosting account will close the day your next payment would be due unless you request it sooner. If you wish to keep your domain name then you will need to let us know as soon as possible. We will release it for free as long as there is no money outstanding on your account, to allow a transfer to another provider. If you do not request to keep your domain name then it shall be left to expire. Due to the services we offer and the prices we charge, Evocart Ecommerce Solutions will not refund setup fees, hosting fees, domain name fees, SSL certificate fees or any other fees that you have agreed to when signing up. Evocart Ecommerce Solutions reserves the right to cancel the service at any time.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Evocart Ecommerce Solutions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Evocart Ecommerce Solutions, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Evocart Ecommerce Solutions against liabilities arising out of:

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Evocart Ecommerce Solutions server.

(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.

(3) copyright infringement.

(4) any defective products sold to customer from Evocart Ecommerce Solutions server.

Force Majeure

Neither party shall be deemed in default of this Agreement or the Client Order to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, or any other cause beyond the reasonable control of such party; provided, that the party whose performance is affected by any such event gives the other party written notice thereof within ten (10) business days of such event or occurrence.

Disclaimer

Evocart Ecommerce Solutions will not be responsible for any damages your business may suffer, Evocart Ecommerce Solutions makes no warranties of any kind, expressed or implied for services we provide. Evocart Ecommerce Solutions disclaims any warrantor merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Evocart Ecommerce Solutions and its employees.