Evanto Ltd (EvantoDesk) Terms of Service
Last revised and effective as of the 3rd October 2018.
These Terms of Service are a contract between you and Evanto Ltd. Evanto Ltd is referred to in these Terms of Service as "EvantoDesk", "us", "we" or "our".
You are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not use the EvantoDesk Service. In these Terms of Service, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms of Service, we reserve the right to cancel your account or block access to your account without notice.
EvantoDesk reserves the right to update and change the Terms of Service at anytime without notice. Any changes or features that are made to the Service are subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at www.evantodesk.com/termsofservice.
While EvantoDesk prohibits the posting of any form of illegal content, you understand and agree that EvantoDesk cannot be responsible for the any content posted on the Service but that you nonetheless may be exposed to any form of content.
You therefore agree to use the Service at your own risk.
Your EvantoDesk Account
The services offered by EvantoDesk are provided by Evanto Ltd and its suppliers.
In order to be able to use any part of the Evanto Ltd services, you are required to submit the signup form on the EvantoDesk website www.evantodesk.com, which is legally binding in conjunction with these terms and conditions.
You agree to keep your EvantoDesk account password secret at all times and to inform us and change it if you believe that another person has become aware of it.
You are solely responsible for all use or misuse of your username and password, and any losses or damages arising from such use or misuse.
You confirm that all information supplied by you to us is current, complete and accurate in all respects and you agree to notify us immediately of any changes to this information. If you have (or we believe that you have) provided false information or have (or we believe that you have) failed to notify us of any changes then we shall have the right to terminate your EvantoDesk Account (see Termination below).
Cancellation and Termination
You may terminate this agreement via the admin screens on your EvantoDesk website at any point but will be charged for all services used up to the end of the month during which you terminate your account.
You agree that we may terminate your EvantoDesk contract by giving you not less than 30 days notice, by email (including, without limitation, your username, password and any EvantoDesk services you use) for any reason including, without limitation, if we believe that you have violated or acted inconsistently with these terms and conditions. Your monthly subscription is non refundable. Notwithstanding the above, we reserve the right at our sole discretion to suspend or terminate your account with or without notice should your account fall into arrears for more than 2 days.
All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled. We therefore recommend that you take a download of all of your data before closing your account on the Admin > Export Data page.
Charges and Billing
The current charges of EvantoDesk are described in the Pricing section of www.evantodesk.com and are subject to change following not less than 30 days notice unless otherwise agreed.
You will provide us with a continuous authority to charge your credit or debit card. All payments are processed through stripe.com.
At the beginning of each calendar month we will raise an invoice for the services for the month ahead and for any extra or reduced services you used during the previous month (for example an extra agent added or removed mid-month). You can access your invoices via the admin section of your EvantoDesk website.
After issue of this invoice, the amount of the invoice will be charged to the credit/debit card you have registered with us. Should any such payments fail or be rejected you will have a limited period of time to pay the outstanding amount. Any amounts left unpaid for 7 days or more from the date the invoice was raised will result in your account being inactivated until all amounts are paid. Should such a represented payment request fail then we will charge additional reasonable fees to cover administration costs, plus interest on the sum due, from the date when such payment was due until the date of actual payment at a rate per annum of 4% above the base rate from the Bank of England. Such interest shall accrue from day to day and shall be compounded annually.
Furthermore, in certain circumstances, we may disclose such failure to pay to a debt collection agency or a credit reference agency. The registered member(s) and its Company are both jointly and severally liable for Evanto Ltd charges accrued and also any charge backs from the registered credit/debit card.
Evanto Ltd reserves the right to increase or decrease its charges by giving 30 days notice in writing (by paper letter, email, other electronic notification). There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to ensure all customers are treated equally, no exceptions will be made.
User Content and Restrictions
You acknowledge that you are responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials ("User Content ") that you or anyone else uploads, posts, email or otherwise transmit or receive via EvantoDesk, or that we produce for you as part of the service.
We shall have the right, in our sole discretion, to remove, block or refuse to produce any User Content that is: unlawful, abusive, defamatory, obscene or otherwise objectionable. In particular you agree not to upload, post, email or otherwise transmit via EvantoDesk any material that: is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or - infringes any patent, trademark, trade secret, copyright or other proprietary rights; or - contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy functionality of any computer software or hardware or telecommunications equipment.
We reserve the right to temporarily or permanently discontinue or to restrict your access to parts or all of Evanto Ltd websites at any time without notice or liability, including, without limitation, for website and/or server maintenance.
Evanto Ltd websites might contain hyperlinks to web sites operated by other parties. Such hyperlinks are provided for your reference only. We make no representations or warranties about those sites or their content nor that the links work.
You agree not to: - interfere with or disrupt the Evanto Ltd services in any way; - impersonate any person or entity, including, but not limited to, an Evanto Ltd official, or falsely state or otherwise misrepresent your affiliation with a person or entity; - send "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation; - forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service; - other than in the ordinary course of use of Evanto Ltd, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the EvantoDesk service, use of the EvantoDesk service, or access to the EvantoDesk service; - use the EvantoDesk service for any unlawful activity.
The general contents of Evanto Ltd and the company websites and the way that they are presented are protected by copyright and may not be reproduced, in whole or part, in any form or used in any other way except in accordance with these terms and conditions.
You may download and/or print off the visible text and graphics for your personal non-commercial use from the parts of the Evanto Ltd websites which are generally accessible to all users. You may also download and/or print off User Content. However, you may not reproduce any of the other contents from Evanto Ltd including, but not limited to, the structure, overall style and program code, and company logo.
Limitation of Liability
We shall use reasonable skill and care in providing the EvantoDesk services to you. Except as expressly provided in these terms and conditions, we expressly disclaim, to the extent permitted by law, any further representations (except misrepresentations made fraudulently), warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.
We shall not be liable to you for any loss of service or data, including files, images and tickets, caused by, including, without limitation, denial of service attacks, and service failures from our service providers (including, without limitation, Server Hosting companies, email sending companies, Telecommunications, Electricity Supply companies). In particular, we shall not be financially liable to you for any mistakes made in connection with any of our services, including, without limitation, undelivered emails or data loss, that may result in special loss or damage or any economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings).
Notwithstanding any provision of these terms and conditions:
(i) your statutory rights as a consumer are not affected;
(ii) we will be liable to you without limit for any death or personal injury caused by our negligence and to the extent that liability arises be liable to you without limit for any death or personal injury caused by our negligence and to the extent that liability arises under Part 1 or section 41 of the Consumer Protection Act 1987 and for liability arising from statements made fraudulently by us.
It is very important to us to keep information about you and User Content confidential and secure and we will use reasonable endeavours to keep your information and User Content confidential and secure. However we cannot ensure or warrant the confidentiality or security of any information or User Content. You also agree that we have no responsibility or liability for the deletion or failure to store any of your data or other User Content maintained, entered, or transmitted by Evanto Ltd.
Keeping information about you secure is very important to us. However, whilst we strive to protect your personal information, we cannot ensure or warrant the security of any information which you send to us, or which we store.
If you use EvantoDesk for illegal purpose or for any purpose other than that expressly permitted by these terms and conditions or in breach of these terms and conditions you will be liable to indemnify us in full for any loss, liability or cost which we incur that arises from or in connection with any such use or alleged use.
We are dedicated to providing you with a quality service. However in the unlikely event that you should have a complaint with regard to our services, please send us an email. We will use reasonable endeavours to investigate your complaint and attempt to respond to you within 4 days of receipt of your email.
These terms and conditions are governed by English law and any dispute connected with this site is subject to the exclusive jurisdiction of the English courts. To the extent that any provision of these terms and conditions is determined to be invalid, unlawful or unenforceable then that provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these terms and conditions shall continue in effect. You acknowledge that you have entered into these terms and conditions in reliance only on the representations, warranties and promises specifically contained or incorporated in these terms and conditions and, save as expressly set out in these terms and conditions, we shall have no liability in respect of any other representation, warranty or promise made prior to these terms and conditions unless it was made fraudulently. Any rights not expressly granted in these terms and conditions are reserved.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
You understand that EvantoDesk uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any EvantoDesk customer or employee will result in immediate account termination.
If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage of other EvantoDesk customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption. EvantoDesk cannot and will not guarantee that the data, figures or calculations presented in any of the service reports or data analyses is correct.
Technical support is only available via email. We cannot guarantee that all 3rd party integrations will be accurate and we do not guarantee any uptime. Further we cannot guarantee that all messages or similar will be imported from 3rd party applications including, but not exclusively, Facebook and Twitter.
We will only collect personal information about you, given by you, when you register with us, update your details in your website(s) secure area, or contact us for information. You may request a copy of the personal information we have about you, and may correct it if you wish, by emailing us.
We collect information about you so that we can inform you of products and services which may be of interest to you, to send you news items and also to help us improve and personalise our websites.
We will only pass on information about you as an individual (as opposed to aggregate information) to third parties to enable us to perform services requested by you or with your prior consent. If you give your consent, third parties may then occasionally send communications to you to provide information, offers and service that may be of interest to you. You may withdraw your consent at any time by emailing us.
We may disclose information obtained from you to actual and potential commercial partners of Evanto Ltd (such as advertisers) but only as part of aggregate statistics, for example, the number of Evanto Ltd registered users, and the typical nature and location of their organisations etc.
Payment is made to you monthly (even if your referral pays annually). The % commission is currently 30%. We reserve the right to change this commission % at any time without notice.
Payment is only made on receipt of funds from your referral and is made within 30 days of the funds being received into our bank account. If you referral fails to pay, we are not liable for any payment to you.