Terms of Use

Welcome to Evolution

Our products and services are designed to enhance and improve your business. Before you get started there are few rules and terms outlined below that you must agree to if your using our services.

1. Subscription to Evolution Products and Services.

1.1 You and EvolutionYou or your, means both you and any entity or firm you’re authorized to represent. Evolutionweour or us, refers to the Evolution entity you contract with and pay fees to.

1.2 Our services: Our services consist of all the online and mobile products and other / related services we provide now or in the future.

1.3 Subscribers: When you accept a subscription to use our services you accept these terms. You then are the subscriber. If you’re the subscriber, you’re the one responsible for paying for your subscription.

1.4.Other Users / Invited Users: An invited user is a person, employee or user other than the subscriber who uses our services through a subscription. Invited users must also accept and abide by these terms to use our services.

1.5. The right to use: Subscribers and Invited users are granted the right to use our services in accordance with the subscription type and associated approved access for as long as the subscriber continues to pay for the subscription, until the subscription is terminated, or until your access is revoked. (Invited user)

1.6. User roles and access: As a subscriber inviting others into a subscription, you understand the permissions you’re granting to invited users and are familiar with the consequences of the same. Subscribers are ultimately responsible for invited users.

1.7. Subscriber role: As a subscriber, you take responsibility for fully controlling how your subscription is managed and who can access it:

  • You can transfer a subscription
  • You control access to a subscription. You decide who’s invited to use our services you’ve subscribed to and what kind of access the invited user has. You can change or stop that access at any time
  • You’re responsible for resolving any disputes with any invited users over access to your subscription
  • You’re responsible for all your invited users’ activity

1.8. Rules: When you use Evolution you agree to follow the rules and codes of conduct outline in these terms. Please read them and make sure you understand what you should and should not do.

1.9. Your responsibilities:

  • You promise that you’ll keep your information (including a current email address) up to date.
  • You’re responsible for providing true, accurate and complete information and for verifying the accuracy of any information that you use from our services for your legal, tax and compliance obligations.
  • You’re also responsible for protecting your username and password from getting stolen or misused.
  • You will ensure that passwords are very strong and not easily guessable.

1.10. New or revised services: For new or updated services, there might from time to time be additional terms. You agree to review term updates when they are made or you receive and update of terms notice.

1.11. Our Property: We own everything we’ve put into our services unless otherwise stated and excluding content owned by others. The intellectual property rights of all features, plugins, addons and modification we may undertake at a customers request. All software developed for our system on behalf of a customer or internally. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.

2. Data Usage and Privacy

2.1. Use of data: When you enter or upload your data into our services, we don’t own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; and send you information we think may be of interest to you based on your marketing preferences.

2.2. Use of personal data you enter about others: Depending on where your contacts are based, our terms may also apply to the personal data of others (EG customers, suppliers and employees) that have been entered into Evolution.

2.3. Statistical data: When you use our services, we may create anonymous statistical data from your data and usage of our services, including through aggregation. We may use this for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you.

2.4. Data breach notifications: Where we think there has been unauthorised access to personal data inside your subscription, we’ll let you know and give you information about what has happened. Depending on the nature of the unauthorised access, and the location of your affected contacts, you may be required to assess whether the unauthorised access must be reported to the contact and/or a relevant authority. We think you’re best placed to make this decision, because you’ll have the most knowledge about the personal data stored in your subscription.

3. Confidential information

3.1. Confidentiality: While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.

4. Security

4.1. Security safeguards: While we’ve taken steps to help protect your data, no method of electronic storage is completely secure and we cannot guarantee absolute security. We will notify you if there appears to be unauthorised access to your account and we may also restrict access to certain parts of our services until you verify that access was by an authorised user.

4.2. Account security features: We may introduce security features to make your account more secure, such as two-step authentication. Depending on where you are in the world or what services you’re using, we may require you to adopt some of these features. Where we make the use of security features optional, you’re responsible (meaning we’re not liable) for any consequences of not using those features. We strongly encourage you to use all optional security features.

4.3. Playing your part to secure your data: You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you realise there’s been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately. You also agree not to use free-form fields in any of Evolution’s systems or services to store personal data, (unless it’s a field explicitly asking for personal data – like a first name or last name) credit card details, tax identifiers or bank account details.

5. Apps and third-party products

5.1. Other services: Some of our services, such as multi-currency functionality, map integration, ASIC data are available through other companies’ services, such as ASIC API or XE.com. These companies may have additional terms that apply to you.

5.2. Third-party products: Along with the use of our services, you may use data, services and apps from other companies (third-party products). Any third party providing a third-party product is a provider and is independent of us, so be aware that a provider may also charge you fees in addition to what you pay us. 

5.3. Third-party terms and descriptions: Third-party products are subject to terms and conditions and privacy notices set by their providers. These include how the provider will use your data that you make available to them. Be sure to read and make sure you agree to their terms and conditions and understand their approach on personal and non-personal data before you connect to them. The descriptions of third-party products that we publish, and any associated links, have been provided to us by the providers. While we make reasonable efforts to check the accuracy of the descriptions, the providers are solely responsible for any representations contained in those descriptions. We don’t endorse or assume any responsibility for third-party products.

6. Maintenance, downtime, and data loss

6.1. Availability: We strive to maintain the availability of our services, and provide online support and a ticketing system. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimize any such downtime. Where planned maintenance is being undertaken, we’ll attempt to notify you in advance but cannot guarantee this.

6.2. Access issues: You acknowledge that online services are prone to interruption by there nature. Also that occasionally you might not be able to access our services and your data. This might happen for any number of reasons, at any time. 

6.3. Data loss: Data loss is an unavoidable risk when using any technology. You’re responsible for maintaining copies of your data entered into our services.

6.4. No compensation: Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our services.

6.5. Problems and support: If you have a problem, we have excellent support articles available through our support pages as well as a ticketing system that enable you to contact our support teams.

6.6. Modifications: We frequently release new updates, modifications and enhancements to our services, and in some cases discontinue features. Where this occurs, we’ll endeavor to notify you where practical.

7. Rules and Conduct

7.1. Feedback: We value your feedback and may use it without restriction.

7.2. Help using our services: We provide training and instruction in regards to correct use of our services. You agree to use our services only for lawful business purposes and in line with the instructions and guidance we provide.

7.3. Discussions on Evolution Services: In the Evolution Support environment you can participate in discussions about our services. Only share private information if you’re happy for others to know it, and don’t post anything you don’t have the right to share. Support tickets may get posted to public support forums and sites for the benefit of all Subscribers and Users.

7.4. Limitations: Some of our services may be subject to limits such as a cap on the number of monthly transactions.

7.5. No-charge or beta services: Occasionally we may offer a service at no charge – for example a beta service, or a time-limited trial account. Because of the nature of these services, you use them at your own risk.

7.6. While not a comprehensive list here some examples of conduct that would be in breach of our terms of use.

  • Undermine the security or integrity of our computing systems or networks.
  • Use our services in any way that might impair functionality or interfere with other people’s use.
  • Access any system without permission.
  • Introduce or upload anything to our services that includes viruses or other malicious code.
  • Share anything that may be offensive, violates any law, or infringes on the rights of others.
  • Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our services.
  • Resell, lease or provide our services in any way not expressly permitted through our services.
  • Repackage, resell, or sublicense any leads or data accessed through our services.
  • Commit fraud or other illegal acts through our services.
  • Act in a manner that is abusive or disrespectful to a Evolution employee, partner, or other Evolution customer. We will not tolerate any abuse or bullying of our Evolution employees in any situation and that includes interaction with our support teams.

8. Pricing

8.1. Evolution pricing plans: Your use of our services generally requires you to pay a monthly subscription fee based on your subscription type (the subscription fee). The pricing plan consists of the subscription and subscription fees we offered you, including invoicing, payment, auto-renewal and cancellation terms. The pricing plan may vary by region and includes information set out in the offer details and pricing page. We may update or amend the pricing plan from time to time. The terms of the pricing plan form part of these terms. As with any other changes to our terms, changes to the pricing plan won’t apply retrospectively and, if we make changes and you’re a subscriber, we’ll make every effort to let you know. Depending on your region, subscription fees may be inclusive or exclusive of transactional taxes where relevant (like VAT and GST), as reflected in your pricing plan.

8.2. Taxes for your use of our services: You’re responsible for paying all other external fees and taxes associated with your use of our services wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes. This means location information you give us must be accurate for tax residency purposes.

8.3. Additional services: Depending on where you’re based and how you use our services, you may be able to take advantage of additional services that Evolution offers like business support services and customized development. These services incur an additional fee that we’ll let you know about when you sign up for those services.

8.4. Payment on time: In order to continue accessing our services, you need to make timely payments based on the pricing plan you selected. To avoid delayed or missed payments, please make sure we have accurate payment information. If we don’t receive timely payments, we may suspend access to your subscription until the payment is made.

9. Termination

9.1. Subscription: Your subscription continues for the period covered by the subscription fee paid or payable. At the end of each billing period, these terms automatically continue for a further period of the same duration as the previous one, provided you continue to pay the subscription fee in accordance with the pricing plan. You may choose to terminate your subscription at any time by providing one month’s written notice in advance. You’ll still need to pay all relevant subscription fees up to and including the day of termination.

9.2. Termination by Evolution: Evolution may choose to terminate your subscription at any time by providing you with one month’s written notice in advance. Evolution may also terminate or suspend your subscription or access to all or any data immediately if: 

  • you breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach,
  • you breach any of these terms and the breach cannot be remedied, 
  • you fail to pay subscription fees, or 
  • you or your business become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.

9.3. No refunds: No refund is due to you if you terminate your subscription or Evolution terminates it in accordance with these terms.

9.4. Retention of your data: Once a subscription is terminated by you or us, it is archived and the data submitted or created by you is no longer available to you. We retain it for a period of time consistent with our data retention policy, during which, as a subscriber, you can reactivate your subscription and once again access your data by paying the subscription fees.

10. Liability and indemnity

10.1. You indemnify us: You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we’re at fault).

10.2. Disclaimer of warranties: Our services and all third-party products are made available to you on an “as is” basis. We disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.

10.3. Limitation of liability: Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:

  • We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
  • For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.
  • Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for your subscription in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.

11. Additional Terms

11.1. No professional advice: Just to be clear, Evolution isn’t a professional services firm of any sort, and isn’t in the business of giving any kind of professional advice. We may provide you with information we think might be useful in running a business based on our experience with similar businesses of your size and type, this should not be seen as a substitute for professional advice and we aren’t liable for your use of the information in that way.  

11.2. Events outside our control: We do our best to control the controllables. We aren’t liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.

11.3. Notices: Any notice you send to Evolution must be sent to legal@evolutionerp.com.au. Any notices we send to you will be sent to the email address you’ve provided us through your subscription.

11.4. Exclusion: In some places, there may be non-excludable warranties, guarantees or other rights provided by law (non-excludable guarantees). They still apply – these terms do not exclude, restrict or modify them. Except for non-excludable guarantees and other rights you have that we cannot exclude, we’re bound only by the express promises made in these terms. Our liability for breach of a non-excludable guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service (unless the non-excludable guarantee says otherwise). 

11.5. Relationship and assignment: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other subscriber or invited user. You’re solely responsible for resolving disputes between you and any other subscriber or invited user. Evolution may assign these terms – or any of our rights or obligations in these terms – to another Evolution entity as it deems appropriate. Evolution entities are the companies controlled by or under common control with Evolution Software Systems PTY LTD

11.6. Changes: We sometimes will decide to change these terms of use. If a change isn’t material, we may not notify you. If you find a modified term unacceptable, you may terminate your subscription by giving the standard advance notice to Evolution.

11.7. Enforcement: If there’s any part of these terms that either one of us is unable to enforce, we’ll ignore that part but everything else will remain enforceable.

11.8. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.

12. Disputes

12.1. Dispute resolution: Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting our support team. If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Bold words have the same meaning throughout these terms