Terms of Service Agreement

HOSTEDSUITE is a browser based application developed and marketed by Evo Technologies directly to end users and through resellers authorized by Evo Technologies. Evo Technologies, LLC. ("Evo Technologies") of Box 937 Pottsboro, Texas 70576 - USA. This Agreement, which governs the terms and conditions of your use of HOSTEDSUITE, is between you ("You," "User," “End User”, "Client" or any term synonyms with a person utilizing HOSTEDSUITE for any purpose), as a user of the product provided by Evo Technologies agrees that HOSTEDSUITE will be used only as defined as follows:

  1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE. The software provided (HOSTEDSUITE) is licensed to you conditioned on your acceptance without modification, of the terms and conditions, contained in this Agreement. Your use of the HOSTEDSUITE software constitutes your agreement to the terms and conditions stated in this Agreement. Each person that uses the HOSTEDSUITE application, or that enters into a contract, in writing or online, on behalf of its employer or other third party, represents that such person is authorized to accept these terms on its employer's or the third party's behalf. Unless explicitly stated otherwise, the Terms of Service will govern the use of any new features that augment or enhance the current HOSTEDSUITE configuration. In the case of any violation of these terms, Evo Technologies reserves the right to seek all remedies available by law and in equity for such violations.
  2. HOSTEDSUITE TERMS AND CONDITIONS. Evo Technologies licenses Users to utilize HOSTEDSUITE per location/per month. (i) a location is defined as any place of business that provides call handling via the HOSTEDSUITE platform. (ii) Evo Technologies will invoice users each month for each location that has calls handled by HOSTEDSUITE in accordance with pricing agreed to by and between Evo Technologies and the Client. Unless otherwise agreed in writing, settlement of all fees and charges contained on any invoices issued by Evo Technologies will be remitted in full within thirty (30) days of receipt of the Client. Client acknowledges by entering into this agreement that Evo Technologies will remotely disable the HOSTEDSUITE software in use by the client if payment is not received within thirty (30) days of receipt of the Client.
  3. MODIFICATIONS TO HOSTEDSUITE. Evo Technologies reserves the right to modify or discontinue all or part of the HOSTEDSUITE application, temporarily or permanently, with or without notice to User, and is not obligated to support or troubleshoot any issues beyond the HOSTEDSUITE application even if other applications or services in use by the client are causing HOSTEDSUITE to malfunction in anyway. User acknowledges/agrees that Evo Technologies shall not be liable to User or any third party in event that Evo Technologies exercises its right to modify/discontinue all/part of HOSTEDSUITE.
  4. MODIFICATION OF USER RATES. Evo Technologies reserves the right, in its sole discretion, to change User pricing at any time and without notice.
  5. CHARGES. By electing to utilize HOSTEDSUITE, You warrant that all information You submit is true, valid and accurate (including without limitation Your credit card number and expiration date) and You agree to pay all subscription and additional usage fees You incur, plus all applicable taxes.
    1. You must promptly notify Evo Technologies of changes to: (a) the account number or expiration date of Your designated card; (b) Your billing address; or (c) cancellation, theft or loss of Your designated card. Any payment in need of reprocessing will be assessed a $50 late payment fee.
    2. If payment for Your account is not received, You agree to pay all amounts due, including late payment fees and collection costs, upon demand. You agree that Evo Technologies may (at its option) accumulate charges incurred and submit them as one or more aggregate charges. Evo Technologies reserves the right at any time (with or without notice) to terminate the Agreement if fees are not paid by the end of the day they are due or the funds due from any retainers have not been cleared. Actual collection fees incurred by Evo Technologies, up to 50% of the account balance, will be added to the unpaid balance. You agree to pay Evo Technologies 1.5% interest per month on all amounts owing and not paid when due. Evo Technologies reserves the right to suspend or terminate HOSTEDSUITE without notice upon rejection of any card charges or failure to make payment.
    3. Your set up and service fees (if applicable) are payable in advance and are non-refundable. You agree that Evo Technologies may submit charges for HOSTEDSUITE, without further authorization from you (Note: Evo Technologies takes no responsibility for contacting You prior to charging Your designated credit card for Your recurring service fee.) If You have any question regarding any charges that have been applied to Your account, You must contact Evo Technologies Accounts Payable Department within 30 days of the charge date via billing@evot.net.
  6. HOSTEDSUITE. The Client warrants that it will not use any of the HOSTEDSUITE application for any obscene, illegal, immoral or defamatory purposes and will not in any way bring Evo Technologies into disrepute. The Client will not in any way use or combine Evo Technologies name, in whole or in part, for the purpose of trading activities. Evo Technologies will not be liable for any loss sustained as a result of any mechanical breakdown, strike, delay or failure of any staff, manager or caretaker to perform their duties. This Agreement is interpreted and enforced in accordance with the laws of the state of Pennsylvania, USA.
  7. LINKS. The Client may link to HOSTEDSUITE from other websites related to the Client’s core business and may provide links to other Websites or resources from HOSTEDSUITE. User agrees that Evo Technologies 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, products on such external sites or resources.
  8. INTELLECTUAL PROPERTY RIGHTS. User acknowledges that content, including but not limited to policy information, text, software, music, sound, photographs, video, graphics, the arrangement of text and images, commercially produced information, and other material contained in HOSTEDSUITE ("Content"), is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and User is only permitted to use the Content as expressly authorized by Evo Technologies. These Terms do not transfer any right, title, or interest in HOSTEDSUITE to User, and User may not copy, reproduce, distribute, or create derivative works from this Content without express authorization by Evo Technologies. User agrees not to use or divulge to others any information designated by Evo Technologies as proprietary or confidential. Any unauthorized use of any Content contained within HOSTEDSUITE may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
  9. TRADEMARKS. "Evo Technologies Trademarks" means all names, marks, brands, logos, designs, trade dress and other designations Evo Technologies uses in connection with HOSTEDSUITE or any other service. User acknowledges Evo Technologies' rights in Evo Technologies Trademarks and agrees that any and all use of Evo Technologies Trademarks by User shall inure to the sole benefit of Evo Technologies.
  10. DISCLAIMER OF WARRANTIES. USER EXPRESSLY AGREES THAT USE OF THE HOSTEDSUITE IS AT USER'S SOLE RISK. HOSTEDSUITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. EVO TECHNOLOGIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. EVO TECHNOLOGIES MAKES NO WARRANTY THAT HOSTEDSUITE WILL MEET USER'S REQUIREMENTS, OR THAT HOSTEDSUITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR VIRUS-FREE NOR DOES EVO TECHNOLOGIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF HOSTEDSUITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OR PRODUCTS OBTAINED THROUGH HOSTEDSUITE OR THAT DEFECTS IN HOSTEDSUITE WILL BE CORRECTED. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF HOSTEDSUITE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA
  11. LIMITATION OF LIABILITY. As a condition of use of HOSTEDSUITE, and in consideration of HOSTEDSUITE being provided by Evo Technologies, User agrees that neither Evo Technologies, nor any officer, affiliate, director, shareholder, agent, contractor or employee of Evo Technologies (the "Evo Technologies Affiliates"), will be liable to User or any third party for any direct, indirect, incidental, special, punitive, or consequential damages, loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with HOSTEDSUITE; including but not limited to any of the following: Reliance, Termination, Infringement, Force Majeure. The limitations set forth in this section apply to acts, omissions, negligence, and gross negligence of Evo Technologies and/or Evo Technologies Affiliates, which, but for this provision, would give rise to course of action in contract, or any other legal doctrine. Evo Technologies shall not be liable for any direct, indirect, incidental, punitive, special, multiple, or consequential damages resulting from the use or inability to use HOSTEDSUITE or for cost of procurement or substitute goods and HOSTEDSUITE or resulting from any products or HOSTEDSUITE purchased or obtained through HOSTEDSUITE including loss of profits, use, data or intangible property, even if Evo Technologies has been advised of the possibility of such damages. The entire liability of Evo Technologies and Your exclusive remedy with respect to the use of HOSTEDSUITE are limited to the lesser of (1) the amount actually paid by You for HOSTEDSUITE during one (1) month preceding the date of Your claim or a flat reimbursement of $299.00. You hereby release Evo Technologies and Evo Technologies Affiliates from any all obligations, liabilities and claims in excess of this limitation.
  12. NO RESALE OF HOSTEDSUITE. User agrees not to reproduce, duplicate, copy, sell resell, exploit or make any commercial use of or access to HOSTEDSUITE, without the express written consent of Evo Technologies.
  13. LAWFUL USE. User agrees that use of HOSTEDSUITE is subject to all applicable national, state, and local laws and regulations, and that User is solely responsible for the contents of its copy of HOSTEDSUITE.
  14. INDEMNIFICATION. User will defend, indemnify and hold harmless Evo Technologies and Evo Technologies Affiliates, and their respective successors and permitted assigns, from and against any claim, suit, demand, loss, damage, expense (including reasonable attorneys' fees and costs) or liability that may result from, arise out of or relate to: (a) acts or omissions by User arising out of or in connection with this Agreement; (b) intentional or negligent violations by User of any applicable laws or governmental regulation, (c) contractual relations between the User and a third party; or (d) infringement of intellectual property rights including, but not limited to, rights relating to patent and copyright. User acknowledges that Evo Technologies has no control over the content of information transmitted by User or User's customers and that Evo Technologies does not examine the use to which User or User's customers put HOSTEDSUITE or the nature of the information User or Users customers send or receive through HOSTEDSUITE. User hereby indemnifies and holds harmless Evo Technologies and Evo Technologies Affiliates from any and all loss, cost, damage, expense, or liability relating to or arising out of the transmission, reception, and/or content of information of whatever nature transmitted or received by User or Users.
  15. ACCESS TO PASSWORD PROTECTED/SECURE AREAS. Access to and use of password protected and/or secure areas of HOSTEDSUITE is restricted to authorized users only. Unauthorized individuals attempting to access these areas of HOSTEDSUITE may be subject to prosecution.
  16. TERMINATION & EFFECT. Evo Technologies may terminate or suspend access to HOSTEDSUITE with or without cause at any time and effective immediately. Reasons for termination or suspension shall include, but are not limited to, the following: inactivity of the User; violation of any terms listed in this policy; or failure to pay for HOSTEDSUITE. Evo Technologies shall not be liable to User or any third party for termination of HOSTEDSUITE. Should User object to any provision of the Terms or any subsequent modifications thereto or become dissatisfied with HOSTEDSUITE in any way, User’s only recourse is to immediately: (a) terminate use of HOSTEDSUITE; and (b) notify Evo Technologies of termination. Upon termination of access to HOSTEDSUITE, User's right to use HOSTEDSUITE shall immediately cease. In the event of User default, User agrees to pay all costs, expenses and reasonable attorneys' fees expended by Evo Technologies in enforcing this Agreement or collecting any sums due hereunder both in and out of bankruptcy and before and after judgment.
  17. SEVERABILITY. In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Evo Technologies failure to act with respect to a breach by User or others does not waive its right to act with respect to subsequent or similar breaches.
  18. CONFIDENTIALITY. Client recognizes that Client may, in the course of obtaining or using the HOSTEDSUITE, come into possession of or learn confidential and proprietary business information of Evo Technologies ("Confidential Information"). Client agrees that during the Term of this Agreement and thereafter:
    1. Client shall provide, at a minimum, the care to avoid disclosure of unauthorized use of Confidential Information as is provided with respect to Client's own similar information, but in no event less than a reasonable standard of care;
    2. Client will use Confidential Information solely for the purposes of this Agreement; and
    3. Client will not disclose Confidential Information to any third party without the express prior written consent of Evo Technologies. Upon termination, Client will promptly return to Evo Technologies any Confidential Information. If Evo Technologies transfers its business or any business segment that provides HOSTEDSUITE to Client, Evo Technologies is authorized to transfer all User information to Evo Technologies's successor.
  19. OWNERSHIP. All code, processes, designs, URLs (Universal Resource locators – i.e. Domain Name), software, technologies, trademarks, trade names, inventions and materials comprising HOSTEDSUITE are wholly owned by Evo Technologies and/or its licensors and service providers except where expressly stated otherwise. User agrees that User is not the owner of any portion of HOSTEDSUITE in whole or in part assigned to User by Evo Technologies. Upon termination of account for any reason, URLs may be re-assigned immediately to another customer. Evo Technologies may from time-to-time need to change the URL assigned to You. Evo Technologies will not be liable for damages (consequential or special) arising out of such re-assignment or URL change. User hereby waives any claims with respect to such change.