Monthly Service Hosting
As part of our commitment to you is to include your Evolvepreneur APP as a total cloud solution. We are only able to offer hosting solutions on our own servers.
We also include all maintenance upgrades and support in one simple monthly payment.
You also share in the continuous improvement of our platform and receive the benefit of our community updates. This means that all the improvements and changes we make are also updated on your platform.
App Content:
1. Clients are required to ensure that the content of their App meets all the current country legislation regarding publications. The client shall further indemnify Evolvepreneur Pty Ltd in respect of any claims, costs and expenses that may arise from any material included in their site by Evolvepreneur Pty Ltd at the client’s request.
2. Evolvepreneur Pty Ltd reserves the right not to include any material supplied by the client if Evolvepreneur Pty Ltd deems it inappropriate or offensive.
Permissions & Copyrights:
1. The client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphics, registered company logos, names and trademarks or any other material supplied by the client.
2. Supply of abovementioned material by the client shall be regarded as a guarantee by the client to Evolvepreneur Pty Ltd that all such permissions and authorities have been obtained.
3. No responsibility will be accepted by Evolvepreneur Pty Ltd for damages to or losses incurred by the client from the use of material for which the required permission or authority has not been obtained.
4. All original graphics designed and supplied by Evolvepreneur Pty Ltd, remain the property of Evolvepreneur Pty Ltd until the client's account has been paid in full, at which time ownership and copyright of said graphics will reside with the client.
Errors & Liabilities:
1. Evolvepreneur Pty Ltd will use all due care to ensure Apps worked on by Evolvepreneur Pty Ltd are free of errors.
2. Evolvepreneur Pty Ltd will correct any errors made by staff of Evolve in the course of working on a client’s site.
3. Evolvepreneur Pty Ltd does not accept any responsibility for losses or damage arising from errors within any site.
App Maintenance & Modifications:
1. Evolvepreneur Pty Ltd will perform regular content maintenance at no extra charge as part of the hosting solution.
2. Any additions to the site eg text, pages, photos, graphics, tables, etc, will be charged at an hourly rate with a minimum of one (1) point. (Please check current prices with Evolvepreneur Pty Ltd.)
Alterations:
1. Evolvepreneur Pty Ltd will not accept any responsibility for any alterations performed by either the client or a third party which causes errors in the site. Such alterations include, but are not limited to, additions, modifications or deletions.
2. If Evolvepreneur Pty Ltd is required to correct any errors resulting from such alterations, the client will be charged the current points rate.
3. Evolvepreneur Pty Ltd will provide as many mockup designs as necessary until the client is happy with the result. Once mockup has been agreed to, any additional changes are at additional points.
Application Content Hosting:
Evolvepreneur Pty Ltd provides hosting of Application content and functionality as part of the monthly hosting and maintenance fee. Terms and conditions are covered in our Service Level Agreement.
SERVICE LEVEL AGREEMENT
This Service Level Agreement applies to Evolvepreneur APP provided by Evolvepreneur Pty Ltd. For the purposes of this document Evolvepreneur Pty Ltd and Evolve Systems Group Pty Ltd (Parent Company) shall be referred to as "Evolvepreneur".
Objectives
This agreement sets out the minimum level of service that Evolvepreneur Pty Ltd is required to meet and the corresponding penalties for not meeting such levels. Our objective is to provide a continuously operating service that is well beyond the minimum levels specified.
Uptime
The target up-time for primary services is 99.8% each month.
Support
All support requests will be handled as soon as possible, target time to action all support requests is within 2 hours. Telephone and email support is provided Monday to Friday 9am - 5pm. Emergency telephone support is available 24 hours, 7 days.
Performance
All services are continuously monitored to ensure rapid response to any faults which may occur. Monitoring is carried out on all primary services. Monitoring feedback is provided to technical support staff via email and paging services 24hours, 7 days.
Service Level Guarantee
The service level guarantee will be measured by Evolvepreneur Pty Ltd and is based on the up-time.
If Evolvepreneur Pty Ltd determines that primary services were unavailable for period exceeding the maximum allowable under the prescribed up-time target, and extending for a continuous duration of 1 hour or more per instance, upon the customer’s request, Evolvepreneur Pty Ltd will credit the customer’s monthly invoice the prorated charges of one (1) day of the Evolvepreneur Pty Ltd services fee for each consecutive hour, up to a maximum of 28 days per month.
To receive credit if this guarantee has not been met, the customer must contact Evolvepreneur Pty Ltd within 30 days of the end of the month for which credit is requested.
STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions which apply to Dedicated Server Hosting Services provided by Evolvepreneur Pty Ltd.
This agreement governs the terms of use by the Client of all Services provided by Evolvepreneur Pty Ltd.
1. Parties. For the purposes of this agreement Evolvepreneur Pty Ltd will be referred to as 'Evolvepreneur'.
2. Client. The Client shall be defined as: The company or individual so named in the summary of this agreement. The Client includes persons to whom the client has authorised access for the purposes of configuration, testing or development or those persons authorised / request to act on behalf of the client.
3. Primary services. Network availability, Operating system, Web server and CMS Access.
4. Uptime. The total percentage of hours each month not affected by Downtime. The target Uptime each month is 99.8%.
5. Downtime. The total duration each month for which the Primary Services are not operating at a reasonable level. Downtime does not include periods for which the Primary Services are not operating as a result of Scheduled Outages, acts of God, acts of War/Terrorism or outages which can reasonably be determined as resulting from the customers actions.
6. Customer. Persons to whom the Client has authorised access to the Evolvepreneur CMS for the purposes of configuration, testing or development or those persons authorised/requested to act on behalf of the Client.
7. Scheduled outages. From time to time upgrades to hardware and or software may be required, such upgrades will be performed outside of business hours. The Client will be notified as far as practicable in advance of such upgrades. Scheduled outages under normal conditions should not exceed 5 hours per year. Under normal conditions the client will be advised via email and/or telephone no less than 24 hours in advance of any scheduled outage. Under normal conditions the clients input will be sought to identify the most suitable time for a scheduled outage to take place.
8. Evolvepreneur Pty Ltd warrants that. It has authority to enter and to perform its obligations under these Terms and Conditions. It shall install and maintain security measures of not less than industry standard, and take all other reasonable steps to ensure that any servers used in connection with the provision of the Services to ensure they are protected from automated or targeted attacks with malicious intent. The Client agrees to use the Services according to the following terms and conditions:
9. Services. As described in Proposal/Contract for the services provided.
10. Billing. Accounts are to be paid on a monthly basis in advance unless stated otherwise in writing. Evolvepreneur Pty Ltd will seek approval from the client prior to providing services which attract additional fees and charges beyond those explicitly stated in this agreement.
11. Term of Agreement (Term). this agreement will continue for an initial period of 6 (six)-months unless otherwise stated. Evolvepreneur Pty Ltd does not intend to increase monthly hosting charges above 10%-15% per annum unless substantial costs associated with the provision of services warrant a higher increase.
12. Termination of agreement. Unless otherwise stated this agreement may be terminated at any time by the Client on the giving of 30 days written notice. There will be no early termination payment due if termination of this agreement is subject to breach of the Terms and Conditions by Evolvepreneur.
13. Compliance with Law. In using the services provided the Client must abide by all applicable Local, State (New South Wales),
Federal and International laws, treaties and regulations and any violation of this provision can result in termination immediately or with 30 days notice depending on the severity of the violation at the absolute discretion of Evolvepreneur Pty Ltd.
14. Limitation of Liability. Evolvepreneur Pty Ltd does not warrant to the Client that the Client will receive continual and uninterrupted services during the Term of this agreement. Evolvepreneur shall not be liable to the Client for damages resulting from or in relation to any failure or delay of Evolvepreneur to provide services under this Agreement if:
a) such delays or failures are due to circumstances beyond our control
b) Evolvepreneur Pty Ltd has taken reasonable measures to prevent data loss except if such delay or failure to provide services is found to be a direct result of Evolvepreneur Pty Ltd's actions, or negligence.
Such a failure or delay shall not constitute a default under this agreement. Evolvepreneur Pty Ltd's directors, agents or employees will not be liable in any way for any form of loss or damage of any nature whatsoever suffered, whether arising directly or indirectly, by the
Client or any person related to or dealing with the Client out of, in connection with or reasonably incidental to the provision of the services by Evolvepreneur Pty Ltd to the Client.
15. Disclaimer of Warranties. While Evolvepreneur Pty Ltd uses all reasonable care in providing the Service, Evolvepreneur Pty Ltd shall not have any liability whatsoever in respect of any loss or damage resulting from the provision of the Service, errors or omission in the information provided in relation to the service. Evolvepreneur Pty Ltd’s liability in the event of failure to provide adequate service shall not extend beyond the cost of providing a comparable service.
16. Indemnity. Client agrees to defend, indemnify and hold Evolvepreneur Pty Ltd harmless from and against any and all claims, losses, liabilities and expenses (including reasonable solicitors' fees) related to or arising out of the Services provided by Evolvepreneur Pty Ltd to Client under this Agreement, including without limitation claims made by third parties (including customers of the Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content published by Client using the Services.
17. Refusal of Service. Evolvepreneur Pty Ltd retains the right to refuse services to the Client. Refusal of service may result if:
(a) the Client fails to pay accounts within 14 days of the due date;
(b) if the agreement is terminated; or
(c) if the Client misuses the services or fails to comply with the customers obligations under the agreement.
18. Severability. Should any part of this Agreement be or become invalid, that part shall be severed from this Agreement and such invalidity shall not affect the validity of the remaining provisions of the Agreement.
19. Unpaid Accounts. Accounts may be suspended if they are not paid within 14 days of the invoice date and prior arrangements are not made. Suspension may involve restriction of access to the server for the purposes of making changes and/or disconnection of the server from the Network.
20. Duty to preserve confidentiality: Each party must not disclose any of the other party's Confidential Information except in any of the following circumstances:
(a) the disclosure is necessary to comply with the disclosing party's obligations under this
Agreement or under another agreement between the parties;
(b) the disclosure is to an officer, employee, agent or consultant of the disclosing party, to the extent that he or she needs to know the Confidential Information in order to perform a function. The disclosing party must take reasonable steps to ensure that its officer, employees, agents or consultants do not make a disclosure which, if the disclosing party disclosed it, would be a breach of this clause;
(c) the disclosure is required by law;
(d) the disclosure is reasonably made to a professional legal adviser or professional auditor;
(e) the party to whom the Confidential Information belongs consents in writing to the disclosure.
21. Entire Agreement.
The Client acknowledges and agrees that this Agreement (which includes the separate sections) is the entire Agreement between the parties and excludes all oral or implied representations and terms unless such terms are agreed between the parties in writing.