Last updated: April 06, 2020
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before engaging in services with evolution (the "Service") operated by Evolution Security ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all client, their personnel and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Evolution Security.
Evolution Security has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Evolution Security shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Due dates for payment are as specified in the relevant issued invoices. If no payment terms are stated, payment for Products and Services is due and will be made by the Client within thirty days (30) days of date of invoice for the same. Invoices shall be in rendered in accordance with the provisions of the relevant service and or product. Failure to meet the due payment dates of undisputed invoices will entitle Evolution to stop work and/or withhold Products or Services until such time as payment is received
For a period of 1 (one) year after payment has been received for any of the Products or Services that have been provided the client shall not actively solicit or procure the solicitation of any of the key personnel who have been engaged in performing the Services, without the prior written consent of the Evolution. In the event of a client soliciting the services of any such key personnel, and consequently enganing that person without the prior written approval of Evolution, it shall pay to the relevant party a sum equivalent to 6 months gross earnings of that person. Such sum shall be by way of liquidated damages and shall be due and payable upon the termination of such individual's employment or service provision with Evolution. Evolution shall (and shall procure that its employees, sub-contractors and agents shall) comply at all times with the Client’s policies and procedures (including, without limitation, health and safety procedures) from time to time (whether on the Client’s premises or otherwise) and, further, shall (and shall procure that its employees, sub-contractors and agents shall) comply at all times with the Client’s reasonable instructions whilst on the Client’s premises
Intellectual Property Rights in all Products, Services, Specifications and Documentation supplied by Evolution in connection with any service shall be and remain the property of Evolution and its licensors.
The Client shall take all reasonable precautions to ensure the health and safety of Evolution’s personnel while the same are at the Client's premises. In the UK, the Client and Evolution agree to observe the provisions of the Health and Safety at Work Act 1974 and any amendments thereto and, while on Evolution’s premises, the Client will conform with Evolution's safety rules and procedures from time to time in force.
A party's Confidential Information shall not include information which: (a) is or becomes a part of the public domain through no act or omission of another party to this Agreement; or (b) was in the other party's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; or (c) is lawfully disclosed to the other party by an outside party without restriction on disclosure.
These Terms shall be governed and construed in accordance with the laws of United Kingdom, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.