EVOCO
Terms of Service
EVOCO operates on a "Website-as-a-Service" (WaaS) model. Clients pay an initial setup cost and a fixed monthly fee, while EVOCO handles all website development, server maintenance, and security updates. Clients retain full ownership of their brand content and customer data, whereas EVOCO retains ownership of the underlying system code and technical architecture. To ensure service quality, a first-year contract period applies. The following detailed terms safeguard the rights of both parties.
1. Acceptance of Terms
By submitting an order, making any payment, or utilizing the services provided by EVOCO, the Client fully understands and agrees to be bound by these Terms of Service (hereinafter referred to as the "Terms"). EVOCO reserves the right to amend these Terms at any time. Amended Terms become effective immediately upon publication on the EVOCO website.
2. Service Definition and WaaS Operational Model
2.1 EVOCO operates on a "Website-as-a-Service" (WaaS) model. The Service includes website development, server hosting, system maintenance, and security updates.
2.2 The Client understands and agrees that this contract is a service subscription agreement, not a software purchase or source code transfer agreement.
2.3 The Service strictly prohibits the Client from migrating the website system to any third-party or private servers (No Self-hosting). All websites must exclusively operate within the server environment designated by EVOCO.
3. Fees, Payment, and Subscription Terms
3.1 Project Setup Fees: Project payments are collected in three stages: (a) Upfront consultation/demo fee; (b) 50% deposit of the total setup fee prior to project commencement (consultation fee is fully deductible); (c) 50% final payment prior to the website's official launch. All paid setup fees are strictly non-refundable.
3.2 Recurring Subscription Fees: Upon the official launch of the website, the Client must bind a valid credit card via an authorized third-party payment gateway (e.g., Stripe) for automated monthly deductions of the system maintenance fee.
3.3 Late Payments: EVOCO will issue a notification if the Client fails to successfully pay the monthly fee by the due date. If the payment is overdue by more than 7 days, EVOCO reserves the right to suspend access to the website. If overdue by more than 30 days, it shall be deemed as a unilateral termination of the contract by the Client.
4. Intellectual Property and Asset Ownership
These Terms strictly define the ownership of assets within the project:
4.1 Client's Property: The Client retains full ownership of all provided brand trademarks, text content, multimedia files, end-user data, and transaction records.
4.2 EVOCO's Property: The intellectual property rights to the website's underlying source code, theme architecture, custom programming scripts, server architecture design, database logic, and premium plugins licensed by EVOCO remain permanently owned by EVOCO. Upon termination of the contract, the Client has no right to request, copy, or transfer the aforementioned assets.
5. Project Modification and Support Limitations
5.1 Development Phase: During the website development period, EVOCO provides a maximum of two (2) rounds of comprehensive design and functional modifications.
5.2 Post-Launch Maintenance: The monthly subscription fee covers basic server operation and security updates. Requests involving layout redesigns, addition of new features, or support beyond the standard scope will be quoted and charged separately based on EVOCO's standard technical support hourly rate.
6. Client Responsibilities and Content Guidelines
The Client must ensure that all content and materials provided to EVOCO are lawful and do not infringe upon the copyrights of any third party. If the content provided by the Client leads to any legal action or claims, the Client shall bear full responsibility and indemnify EVOCO against all resulting losses (including full legal costs).
7. Disclaimer and Limitation of Liability
7.1 EVOCO will use commercially reasonable efforts to maintain service stability. The Client understands and agrees that the server and network infrastructure for this Service are provided by third-party vendors. Therefore, EVOCO cannot guarantee that the Service will be completely uninterrupted, error-free, or entirely immune to cyberattacks, nor does EVOCO provide any specific Uptime Guarantee commitment.
7.2 To the maximum extent permitted by applicable law, EVOCO shall not be liable for any indirect damages, loss of profits, data loss, or business interruption.
7.3 Under no circumstances shall EVOCO's maximum cumulative liability to the Client exceed the total amount of service fees actually paid by the Client to EVOCO in the three months immediately preceding the event giving rise to the claim.
8. Service Term and Contract Termination
8.1 Initial Lock-in Period: The initial contract term for the Service is twelve (12) months. The Client may not terminate the Service prematurely during this first-year period. If the Client requests early termination for any reason, all unexpired monthly maintenance fees for the initial term must be paid in full in a single installment.
8.2 Renewal and Cancellation Mechanism: Upon expiration of the initial twelve-month term, the Service will automatically renew on a month-to-month basis. Thereafter, the Client may cancel the subscription by providing a thirty (30) day prior written notice to EVOCO.
8.3 Asset Handling and Grace Period Upon Termination: Upon official termination of the Service, EVOCO will provide a fourteen (14) day data retention grace period. During this period, the Client may export or request the retrieval of their owned assets (strictly limited to text content, image media, and end-user transaction data). Upon expiration of the fourteen-day grace period, EVOCO will permanently and irreversibly delete the website, underlying source code, server configuration, and all associated data. The Client explicitly understands and agrees that this grace period is solely for retrieving the Client's own data and does not grant any right to claim, backup, or transfer the website's underlying source code and system architecture.
9. Force Majeure and Severability
9.1 Force Majeure: EVOCO shall not be held liable for any service delays or interruptions caused by acts of God, war, strikes, major failures of third-party cloud servers or hosting providers, backbone network outages, or other events beyond EVOCO's reasonable control.
9.2 Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified to the extent permitted by law to reflect the original intent, and the validity of the remaining provisions shall not be affected.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. Both parties agree to submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.