Terms of Service

IMPORTANT — PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE YOU USE THE WEBSITE OR ATTEMPT TO ACCESS ANY SERVICES. BY ACCESSING THE WEBSITE OR BY UTILISING ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

These terms (the “Terms of Service”) apply to your use of www.evobackup.pro (the “Website”) and any purchase or use by you of any software, products or services that may be made available to you through it (collectively, the “Services”).

The Website is a site operated by COLMED PLUS SRL (“EVOBACKUP”). EVOBACKUP is registered in Moldova under company number 1003601006898 and have registered office at Florica Nita 2, Chisinau, MD-2024, Moldova. EVOBACKUP’S VAT number is 4800528.

EVOBACKUP reserves the right to amend or update these Terms of Service at any time, with or without notice. Such changes shall take effect immediately and shall apply to all subsequent use by you of the Website or Services. Every time you wish to use the Website, please check these terms to ensure you understand the terms that apply at that time. Please click here to see when these terms were most recently updated.

Other terms that may apply to you

Privacy Policy

EVOBACKUP processes information in accordance with its Privacy Policy which is incorporated into these Terms of Services. By using EVOBACKUP, you agree that EVOBACKUP can use such data in accordance with its Privacy Policy and you warrant that all data provided by you is true, correct and accurate. EVOBACKUP’ Website also uses cookies or similar technologies which EVOBACKUP tell you more about in the Privacy Policy. You may set your browser and your mobile settings to block cookies and local storage devices, but if you do so, you may not be able to access all of the features that EVOBACKUP offers.

For the purposes of the General Data Protection Regulation (“GDPR”), EVOBACKUP shall use its reasonable endeavours to provide you with the operational tools to enable you to fulfil your requirements under the GDPR and address any requests made by your customers in respect of their individual rights. EVOBACKUP makes no guarantee in this respect and it is your responsibility to inform EVOBACKUP of any tools it may need to comply with its obligations under the GDPR.

EULA

You agree that the EVOBACKUP Software (the “Software”) is supplied by EVOBACKUP, and is licensed, not sold, under the terms of its End User Licence Agreement (“EULA”) and that the EULA will govern all use of the Software by you. You accept that you have no right to use the Software without agreeing to the terms of the EULA in full.

A Software licence offered to you via the Website may be a ‘Leased Software Licence’ or an ‘Owned Software License’. The licence’s type will affect your rights under it. A licence’s type will be clearly labelled at the point of purchase.

License holders are not permitted to “borrow”, “lend”, “sell” or in any other way transfer licenses or use of the Software to any third parties except in the case of an ‘Owned Software License Transfer’ as detailed below. Any breach by you of this term of the Terms of Service shall cause all use by you of the Software to be revoked and terminated immediately and without EVOBACKUP incurring any liability.

The EULA Agreement is included in the EVOBACKUP download package. By installing, copying, or otherwise using EVOBACKUP, you agree to be bound by the terms of the EULA.

EVOBACKUP reserves the right to refuse service to any individual or organisation at its discretion. EVOBACKUP reserves all rights in, and all ownership of the Software.

Accessing the Website

EVOBACKUP does not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. EVOBACKUP may suspend, withdraw, discontinue or change all or any part of the Website for business and operational reasons. EVOBACKUP will try to give you reasonable notice of any suspension or withdrawal. EVOBACKUP will not be liable to you if for any reason the Website is unavailable at any time or for any period.

Accounts and Passwords

If you choose, or you are provided with, any form of user identification code, password or any other piece of information as part of EVOBACKUP’ security procedures, you must treat such information as confidential. You must not disclose it to any third party.

EVOBACKUP reserve the right to disable any user identification code or password, whether chosen by you or allocated by EVOBACKUP, at any time, if in EVOBACKUP’ reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.

If you know or suspect that anyone other than you knows your user identification code or password, you must notify EVOBACKUP immediately at admin@evobackup.pro

Service Provision and End User License Agreement

Renewals & Payments

Payments made in respect of the Software are accepted via PayPal, Credit Card, Wire Transfer and other selected means at EVOBACKUP’ sole discretion. Software licences automatically renew at the conclusion of each month until cancelled. Payment is due on the anniversary of the date of signup each month. If payment is not received within 5 days of the due date, EVOBACKUP will suspend the license until full payment is received and reserves the right to suspend any and all related services for the account in question.

For all other Services, payments shall be due in advance of any work commencing. EVOBACKUP reserves the right to invoice for Services in installments, with payment being split into multiple payments, including without limitation arrangements whereby 50% of the price is paid prior to any work commencing, and the remainder is invoiced upon completion.

Should EVOBACKUP receive a chargeback or dispute relating to a payment you have made, or should your payment be identified as fraudulent or otherwise unlawful, irregular or contrary to this Terms of Service or the EULA, the related licence and services will be suspended and you will be liable to repay the relevant amount plus any fees incurred. EVOBACKUP also reserves the right to revoke any and all Services until such time as any disputed amounts plus any fees and charges incurred (including for the avoidance of doubt, any relevant payment processing fees) have been repaid.

Delivery

All licenses shall be issued instantly upon EVOBACKUP receiving to its satisfaction confirmation of receipt of payment from the chosen gateway processor.

EVOBACKUP’ professional services typically take 1-2 business days to be completed, but this is not a guaranteed completion time, and at peak times such as new releases, they may take longer.

Intellectual property rights

EVOBACKUP is the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from EVOBACKUP’ Website for your personal use and you may draw the attention of others within your organisation to content posted on EVOBACKUP’ Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

EVOBACKUP’ status (and that of any identified contributors) as the authors of content on EVOBACKUP’ Website must always be acknowledged.

You must not use any part of the content on EVOBACKUP’ Website for commercial purposes without obtaining a licence to do so from us or EVOBACKUP’ licensors.

If you print off, copy or download any part of EVOBACKUP’ Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at EVOBACKUP’ option, return or destroy any copies of the materials you have made.

Trademarks

The Website and the Software contain references to many companies that the Software is integrated with for payments and other related services. EVOBACKUP and the EVOBACKUP logo are trademarks of EVOBACKUP. Registered in Great Britain and Northern Ireland. All rights reserved.
All other trademarks are the property of their respective owners.

No reliance on information

The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.

Although EVOBACKUP make reasonable efforts to update the information on the Website, EVOBACKUP makes no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.

Limitation of EVOBACKUP’ liability

Nothing in these terms of use excludes or limits EVOBACKUP’ liability for death or personal injury arising from EVOBACKUP’ negligence, or EVOBACKUP’ fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, EVOBACKUP exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

EVOBACKUP will not be liable to any user of the Website for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, the Website; or
• use of or reliance on any content displayed on the Website.
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

EVOBACKUP is not responsible for websites EVOBACKUP links to

EVOBACKUP assume no responsibility for the content of websites linked to from the Website. Such links should not be interpreted as endorsement by us of those linked websites. EVOBACKUP will not be liable for any loss or damage that may arise from your use of them.

Viruses

EVOBACKUP do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.

EVOBACKUP will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. EVOBACKUP will report any such breach to the relevant law enforcement authorities and EVOBACKUP will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

Linking to the Website

You may link to the home page of the Website, provided you do so in a way that is fair and legal and does not damage EVOBACKUP’ reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on EVOBACKUP’ part where none exists.

You must not establish a link to the Website in any website that is not owned by you.

The Website must not be framed on any other site.

EVOBACKUP reserve the right to withdraw linking permission without notice.

General clauses

No failure or delay by EVOBACKUP in exercising any of its rights under these Terms of Service shall be deemed to be a waiver of that right.

No person who is not a party to these Terms of Service has any right to rely upon or enforce any of the Terms of Service.

Each of the paragraphs of these Terms of Service operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

Notices & Contact Information

If you have questions or concerns about any of the terms in this agreement, or about how your information is handled, please direct your inquiry to EVOBACKUP as set forth below.

Legal Department
COLMED PLUS SRL
FLORICA NITA str, 2
CHISINAU
MD-2024
MOLDOVA
E-Mail: admin@evobackup.pro

Applicable law and jurisdiction

Please note that these Terms of Service, its subject matter and its formation, are governed by English law. You and EVOBACKUP both agree to that the courts of England and Wales will have exclusive jurisdiction.

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