Terms of Service
These terms and conditions outline the rules and regulations for the use of Evoxt's Website, located at https://evoxt.com.By accessing this website, we assume you accept these terms and conditions. Do not continue to use Evoxt if you do not agree to take all of the terms and conditions stated on this page.
The Services are provided by Evoxt Enterprise (“Evoxt”), located at Unit No. 07-10, Mercu Aspire, 3, Jalan Bangsar, KL Eco City, 59200 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur, Malaysia.
The following terminology applies to these Terms and Service, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and service. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company, "Evoxt Enterprise". "Party", "Parties", or "Us" refers to both the Client and ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services, in accordance with and subject to, prevailing law of Malaysia. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they are taken as interchangeable and therefore referring to the same.
Applicable Law and Regulations
Any dispute, controversy, or claim arising out of or relating to this contract, or the breach, termination, or invalidity thereof, shall be decided by arbitration in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration. The appointing authority shall be the KLRCA. The number of arbitrators shall be one. The place of arbitration shall be Malaysia. The language to be used in the arbitration proceedings shall be English. The law applicable to this contract shall be Malaysian law.
You agree to submit any dispute, controversy, or claim arising out of or in connection with the Services, including these Terms of Service, to the exclusive jurisdiction of the Malaysia courts.
Where required, you shall obtain the approval or consent or permission of the relevant regulatory authorities prior to using the Services.
For cross-border transactions, you shall be responsible for ensuring that you shall not violate the laws existing in the countries involved in the transaction.
Usage
Our servers cannot be used for anything that is deemed illegal by the law.
This includes:
- Carrying DDOS/ brute force attacks
- Running/ hosting any botnet related commands and control servers
- IP address spoofing/ hijacking
- Port scanning (Zmap included)
- Sending unsolicited emails or malware distribution ( Email abuse, spam included )
- Hosting phishing websites
The above lists are not strictly limited to the listed items and are subject to change anytime in the future and without notice at the sole discretion of Evoxt.
If any of your services are found to be breaking the above terms, they will be terminated.
By using our services, you agree to these terms of service.
Email Policy
Evoxt reserve the right to deny mail delivery from any servers hosted on our network. We will constantly locate abusive servers. If we receive any abuse reports from an external network, we will identify the server and notify the user. If no response is received within 24 hours, we will filter or disable ports to avoid further damage. If no response is received after 7 days, we will suspend/terminate the server, and no refunds will be provided.
If an IP address/ IP range has been blacklisted due to excessive reports, Evoxt reserves the right to issue a fine of $300 and immediately terminate the service.
Abuse
If an abuse report is received, this will be the timeline for the abuse report to be handled.
- A ticket will be sent to inform you regarding the abuse report, and we expect you to respond to the ticket and fix the cause of the abuse within 24 hours.
- Once a response is received and confirmation of the fix is received, the ticket will be closed
If no response is received within 24 hours, we will suspend your server until a response is received.
- On the first suspension, the server can be unsuspended as long as the user actively cooperates with Evoxt to fix the abuse.
- Further investigation will be performed on the second suspension, and further justification is required.
- On the third suspension, your server will be terminated/ forcefully reinstalled. In the case of service termination, no refunds will be provided due to the damage being done on our network, and the user is not cooperating to get this fixed after 3 attempts.
In the case of a lot of abuse reports within a short timeframe, your server will be temporarily suspended to prevent any further damage done to our network.
Please note that upon receiving an abuse report on a service, all money back guarantee policy will be waived.
DMCA complaints
Evoxt handles DMCA complaints very seriously and will thoroughly investigate each complaint received.
When a complaint is received:
- Your server will be suspended
- A ticket will be opened; you have to respond and resolve within 24 hours
- If no resolution is reached after 72 hours, your server will be terminated, no refunds will be provided.
Billing
Invoice will be issued 7 days before the due date of recurring service. If the payment method used is Credit Card/ PayPal Subscription, your payment method will be automatically charged, no further action is required.
You are responsible for filing a cancellation request before invoice generation if you do not wish to renew your server. In cases where you are "accidentally" charged because you did not cancel your server in time, we reserve the right not to refund your payment.
Services that are overdue for more than 24 hours will be deleted/ terminated.
Chargeback
Evoxt handles chargeback very seriously. In cases where chargeback occurs, the related account and services will be terminated immediately without notice.
To file for account restoration, please send an email to [email protected] with the subject "Chargeback account restoration" a penalty may be imposed depending on the situation.
We also reserve the right to access your data if required by the payment processing partner. Your data will be used to provide evidence and to do further investigation to ensure that the dispute is resolved fairly and quickly.
Account Credits
By making a deposit or adding credits to your account, you acknowledge and agree that such deposits or credits are non-refundable. Once a deposit or credit has been added to your account, it cannot be withdrawn or refunded, whether in part or in full, unless otherwise explicitly stated in our policies or as required by applicable law. Deposits or credits added to your account are solely for the purpose of accessing and utilizing our services and do not represent or confer any ownership rights, equity, or interest in the company or its assets. We reserve the right to modify, suspend, or terminate the deposit and account credit features at our sole discretion, without prior notice or liability. In such cases, any remaining deposits or credits in your account may be forfeited and will not be refunded.
Payment verification
Evoxt may request additional identification documents from clients deemed suspicious to prevent fraudulent activities and ensure the security of our payment system. These documents may include a government-issued ID, a utility bill, and a copy of the credit card used for payment.
Clients must provide valid and legible documents. Failure to comply may result in order cancellation or account suspension until the documents are provided.
Liability
In no event will Evoxt be liable to the customer or any third party for any direct, indirect, punitive, special, consequential, or other damages for actions taken or not taken pursuant to this policy, including, without limitation, any lost profits, business interruption, loss of programs or data, or otherwise, even if Evoxt was advised of the possibility of such damages. This limitation of liability in favor of Evoxt is in addition to any limitations outlined in any agreement between Evoxt and any applicable user and will apply whether the action in which recovery is sought is based on contract or tort (including, without limitation, negligence or strict liability), or any applicable laws.
Refund Policy
Evoxt will not process any refund unless it is covered by a money-back guarantee policy.
Evoxt has a money-back guarantee policy if our services are found to be at fault, this could be because of the following reasons:
- Service outage for more than 24 hours
- Network/ Power outage for more than 24 hours
- Virtual Machines that are not deployed for more than 24 hours
7-day money-back guarantee policy:
All newly registered Evoxt customers are entitled to a 7-day money-back guarantee policy, this will start from the date the first service is deployed. Once the customer is outside of the money-back guarantee period, no refund request will be processed.
The 7-day money-back guarantee policy will be voided, if
- The service is not in "Active" status.
- There is an abuse report received on the specific virtual machine.
- The specific virtual machine has over 20% usage on monthly bandwidth.
- The IP address of the virtual machine is listed on any abuse databases.
- The IP address of the virtual machine is blacklisted/ firewalled by the government.
In no event will Evoxt process a refund more than what is received. In cases where the payment gateway charges a transaction fee, the refund will be what we received, not including the payment gateway fees.
Data loss and Protection
Evoxt takes data protection seriously and implements industry-standard security measures to protect our customers' data. However, we cannot guarantee the integrity or backup of customer data. As such, it is the responsibility of the customer to ensure that their data is backed up and secure.
In the event of data loss or any other data-related issues, Evoxt will not be held liable for any damages or losses, including but not limited to, loss of profits, revenue, or business opportunities. The customer shall bear the sole responsibility for their data and any associated risks.
We strongly recommend that customers regularly backup their data and implement additional security measures such as two-factor authentication and strong passwords. By using Evoxt's services, you acknowledge and accept these data protection and liability terms.
Geographic Restrictions
Evoxt's services are not available to customers located in Turkmenistan due to the complex regulatory environment. By using our services, you confirm that you are not located in Turkmenistan. If found in violation, your service will be terminated without a refund.
Affiliate/ Referrer's Terms of Service
Users who refer others to Evoxt are "Referrers"; those who are referred are "Referred Customers."Conditions for Receiving Commissions
Credit will be awarded for Qualified Referrals who meet the following conditions:
- The Referred Customer must use a Referrer Link or Coupon from a Referrer in good standing with Evoxt.
- If a Referred Customer receives more than one Referrer Link from two different Referrer, Evoxt will provide the commission to the Referrer whose the Referrer Link is clicked last.
- The Referred Customer must not be previously registered with the Evoxt under any email address or alias.
- The Referred Customer must not be the same person as the Referrer. Self-Referring to obtain a “Discount” is strictly not allowed.
Commissions
- The Commissions earned for the Referrer will be held for 48 hours before maturing to be able to withdraw.
- Commissions payout will be through PayPal or Client Account’s Credit Balance
- Commissions are not transferable, sellable, or auctionable.
- Withdrawal of Commissions can take up to 7 days to process.
- If the Referred Customer requested a Refund or performed a Dispute, the Referrer's commission will be deducted or negated.
- If a Referrer's account is cancelled/ Terminated for any reason, unredeemed commissions are forfeited immediately.
Referrer’s Code of Conduct
Referrer agrees that they will not violate any of these Terms, or otherwise engage in activity that could be considered harassment toward other users. Users agree not to use the Program to:
- Violate the intellectual property rights of Evoxt
- Spam or otherwise create bulk distributions of the Referrer Link that is inappropriate
- Collect or attempt to collect personal data about users or potential Referred Customers
- Engage in any actions that are designed to disrupt or undermine the Program
- Engage in illegal or unsportsmanlike activities
- Engage in behaviour designed to annoy or harass others
- Engage in actions that disparage or malign or call into question the reputation of Evoxt, in Evoxt’s sole discretion
Termination of Affiliate Earnings and Account
Your affiliate earnings or account may be suspended or terminated for any of the following reasons, including any earnings obtained through fraudulent or deceptive practices, which will be forfeited, and the affiliate's account may be terminated.
- Inappropriate advertising practices, such as false claims, misleading hyperlinks, or other deceptive practices
- sharing their coupon code on coupon code websites or other platforms where the coupon code may be used by individuals who were not referred by the affiliate.
- Spamming, including mass email or newsgroup posting
- Advertising on sites that promote or contain illegal activities
- Failure to disclose your affiliate relationship in any promotions that qualify as endorsements, as required by existing Federal Trade Commission guidelines, applicable state laws, or regulations
- Violation of intellectual property rights, including the unauthorized use of Evoxt's trademarks or other proprietary materials
- Offering rebates, coupons, or other kick-backs from your affiliate commission as an incentive is prohibited, but bundling other products or adding bonuses is allowed
- Engaging in self-referral or fraudulent transactions, or suspected affiliate fraud, will result in termination of your affiliate account and credits without prior notice.
Reservations of Rights
We reserve the right to modify or amend at any time these Terms and the methods through which commissions are earned. We reserve the right to disqualify any Referrer at any time from participation in the Program if he/she does not comply with any of these Terms. Evoxt's failure to enforce any term of these Terms shall not constitute a waiver of that provision.
Baremetal Server/ Dedicated Server Terms of Service
Acceptance of Terms
By purchasing a dedicated server (also referred to as a Bare Metal Server) ("Server") from Evoxt Sdn Bhd ("Provider"), you agree to the following terms and conditions. Please read these terms carefully before proceeding with your purchase. If you do not agree with any part of these terms, do not proceed with your purchase.
Legal Use Only
You agree to use the Server (Dedicated Server or Bare Metal Server) for lawful purposes only. Any illegal activities, including but not limited to hacking, copyright infringement, distribution of malware, or any other activities that violate local, state, federal, or international laws are strictly prohibited.
Payment Terms
- Payment for the Server (Dedicated Server or Bare Metal Server) is due in advance and shall be made on a monthly basis. The first month's payment and the last month's payment are due upon the initiation of the contract.
- The Server (Dedicated Server or Bare Metal Server) contract is renewable at your discretion, but if you decide to terminate the contract within a year of its initiation, you will forfeit the last month's payment as a termination fee.
Bandwidth Overage Fees
If you exceed your allocated monthly bandwidth limit on the Server (Dedicated Server or Bare Metal Server), overage fees will apply. Overage fees will be charged according to our current pricing, which is subject to change.
Refund Policy
All payments made for the Server (Dedicated Server or Bare Metal Server) are non-refundable. There will be no refunds for any reason, including but not limited to early contract termination, cancellation, or suspension of services.
Technical Support
Provider will provide technical support for hardware-related issues with the Server (Dedicated Server or Bare Metal Server). We do not provide support for software-related problems, including but not limited to software installation, configuration, or troubleshooting.
Service Availability
While Provider will make every effort to ensure the availability of the Server (Dedicated Server or Bare Metal Server), we cannot guarantee uninterrupted service. Periodic maintenance and unforeseen technical issues may result in temporary service disruptions. Provider will make reasonable efforts to minimize any such disruptions and will provide advance notice whenever possible.
Data Loss
Provider is not responsible for any data loss or data corruption that may occur on the Server (Dedicated Server or Bare Metal Server). It is your responsibility to regularly back up your data to prevent any potential loss.
Changes to Terms
Provider reserves the right to update or modify these terms and conditions at any time. Any changes will be effective immediately upon posting on our website. It is your responsibility to review these terms periodically to stay informed of any updates.
Termination of Service
Provider reserves the right to terminate your Server (Dedicated Server or Bare Metal Server) service at our discretion if you violate these terms and conditions. In such cases, no refunds will be provided.
Governing Law
These terms and conditions for the Server (Dedicated Server or Bare Metal Server) shall be governed by and construed in accordance with the laws of Malaysia. Any disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the courts in Malaysia.
By proceeding with the purchase of a Dedicated Server (Bare Metal Server) from Evoxt Sdn Bhd, you acknowledge that you have read, understood, and agreed to these terms and conditions.