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Terms of Service

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 Level 23-1 Premier Suite, One Mont Kiara, No 1, Jalan Kiara Mont Kiara, 50480 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 spoofing
  • Port scanning (Zmap included)
  • Sending unsolicited emails or malware distribution ( Email abuse, spam included )
  • Hosting phishing websites
Contact us if you have any questions/ or queries about the content you wish to host with Evoxt.

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
Please note that if the abuse is severe, the server might be suspended while waiting for a response from the user.
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.

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 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.

Payment verification
Evoxt can request identification documents such as ID, utility bill, and front and back copy of the credit card used for payment when clients are deemed suspicious.

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 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

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.

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 will not be held responsible for backing up and integrity of customers' data.
In cases where data loss occurs, you will be held responsible for your data.

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


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.