Evith Technology. will hereby be referred to as "we", us", "our", "Vios". The customer will be referred to as "customer", "you" or "I".


* Our services are only made available to individuals who can form legally binding contracts. Without limiting the following, our services are not available to suspended or ineligible customers. This includes 3rd parties who make use of a suspended customer's website or the services contained therein.

* Persons under the age of 18 require parent or guardian supervision, or some other agent who is at least 18 years authorised to represent you.

* You warrant that all actions that you make are done so in good faith and that you have no knowledge of your actions infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.

* If you do not qualify, please do not use our services.

Cleared Funds

* You may be requested to provide proof of your identity and payment. If paying by credit card, we may require you to fax a copy of the front and back used to make payment of the card to us before your account is activated. If this information is not provided, we reserve the right to terminate all orders on your account without refund.

Refund Policy

* For any web design, programming and graphics design orders, refund request must be placed within 24 hours after the order is placed. After the 24 hour period, full refund will not be possible as we have already started on your order. Partial refund will still be available after 24 hours and the actual amount refunded is solely the decision of Evith Technology.

* For recurring web hosting and domain payments, there will be no refund after the payment is received. The only exception is when we fail to provide you with the service described. If you wish to cancel your web hosting and/or domains, please contact us within 7 days of the next billing date.


* You agree that the any design related products from Evith are not guaranteed a 100% satifaction. This is due to difference in individual tastes and preferences. We only offer a set amount of design revisions marked on our packages, or 3 revisions if such information is not available.

Domain Names

* Domain names that are bundled with any web design package are property of Evith Technology, $50 adminstration fee applies if you wish to transfer the domain to your own registrar.

* Even if you have received an invoice and/or funds have been removed from your account, this is not confirmation that your domain has been renewed in your name. It remains entirely your responsibility to ensure that legal ownership is vested in your name. This includes taking reasonable steps to make sure that the renewal has been successful.

* Evith will not be liable in any way whatsoever if a domain renewal is not successful and the customer has not not exercised due diligence to rectify this, in line with our limitation of liability set out below in this agreement.

Price Locked

* You will be charged the same price for your web hosting and domain name renewal as when you signed up (excluding when purchased during domain name specials). The pricing is locked in by our billing system.


* The customer agrees to supply full payment for the services received from us, on or before the time period during which such services are provided. Except for two equal half payment, the first half is due before the commencement of order and the other half is due at the completetion of the order.

* If you want to cancel your your order, you must follow our official cancellation procedure.

* All goods and services purchased for which payment has not been received in cleared funds, remains the property, internet property and intellectual property of Evith Technology.

* Your account will not be created or work performed until funds have been received in full as cleared funds. It is your responsibility to ensure we have received funds by the due date to avoid suspension and/or termination of our products and services.

* We reserve the right to change and refuse payment methods to clients at our sole discretion.

Administration Charges

* If you have made an over payment on your account and require a refund, you will receive a refund, minus a AU$5.00 administration charge, to cover our bank fees and company administration.

* If payment is not received 14 days after the invoice due date, we reserve the right to charge a late payment fee of AU$22.00 and suspend your account.

* Dishonoured cheques will attract an administration charge of AU$30.00.

* You agree to be subject to whatever other administration charges are applicable to the circumstances. These are listed in our 'Other Charges' section. These charges are incorporated as part of this agreement.

Payment Options

PayPal Payments

* If you have signed up using PayPal subscription your PayPal account will be rebilled on the due date of future invoices. Our system generates and emails you an electronic invoice when your domain and/or services are due for renewal. It is your responsibility to keep Your PayPal Account current and make sure it has sufficient funds.

Credit Card Payments

* If you have signed up using a credit card your credit card will be rebilled on the due date of future invoices. Our system generates an electronic invoice 21 days prior to your domain and/or service renewal date.

* Please ensure sufficient funds are available on the due date. If rebilling fails due to insufficient funds in your credit card account we reserve the right to add AU$1.00 per failed transaction to your account to cover our transaction fees. We also reserve the right to change your billing method from automatic credit card payments to manual payments where the user is required to login and make payment.

* You understand and agree that you have obtained the credit card owner's permission to use the credit card to purchase our products and services and they are aware, accept and agree that the transaction is taking place on their card.

* If a charge back is requested where services have been provided and/or you have not followed our cancellation procedure, a AU$50.00 administration fee applies per chargeback request.

Accurate Customer Details

* You agree to keep your contact details accurate and up-to-date. If your details change, you must contact us as soon as possible to notify us.

* Evith Technology may suspend or cancel an account if customer information is false or inaccurate.

* You agree to inform us of any changes within five days of any changes occurring, or risk being in breach of this agreement.


* We reserve the right to suspend your account, including all your domain names and web hostings, if you have an outstanding invoice or account or if your account is in dispute, or as part of a dispute resolution procedure.

* If your invoice or account remains unpaid, or until the dispute is resolved, we reserve the right to cancel or suspend your entire account(s) and all products and services under it, including your domain names and web hostings.

* We reserve the right to suspend your account at any time for breaching our terms and conditions, for initiating in activities which may reduce the security of other web sites on our servers, or where Evith Technology has been given misleading or false information regarding the type of web site to be hosted.

* We reserve the right to seek and claim damages and losses from suspended accounts. We may use whatever legal means necessary to recover any outstanding debts.


* We reserves the right to cancel your account and/or related products and services at any time. Without limiting the following, we will cancel your account or transfer any domain name registration at our discretion to:
- Comply with applicable laws, government rules or requests of law enforcement
- Comply with our upstream service providers
- Avoid liability, civil or criminal, on the part of Vios, as well as its affiliates, subsidiaries, officers, directors and employees

* We also has the right to cancel your account if we find that you have been engaging in:
- Deceptive, improper or misleading conduct
- Providing false information
- Extortion
- Harassment, abuse or swearing
- Unlawful activities
- Conduct that breaches this agreement


* If you are experiencing difficulties or issues with any services or products, you are required to notify us of the issue immediately so we may resolve the issue.

* If you do not notify us of the problem, no allowances will be made, as we have not been given a reasonable opportunity to resolve the issue.

* We are an Internet Presence Provider (IPP) and are not responsible for the users Internet Connectivity through their Internet Service Provider (ISP), connection troubleshooting or computer setup. Please contact your ISP for assistance in these matters. You must allow a reasonable time period for your issues to be resolved.

Backups and data loss

* Your use of our products and services is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers at all times.

* We are not liable for any data loss due to server failure, unforeseeable corruption of programs, hacking, or any other failure whatsoever.

Bandwidth Usage/Disk Space

* It is your responsibility to upgrade your account and monitor your account usage.

* You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount you will be required to upgrade to the next level plan of bandwidth usage and/or disk space for increased limits. It is the customer's responsibility to ensure they do not exceed their assigned limits.

* Our system will automatically suspend your account if you exceed all of your allocated resources. We reserve the right to suspend the account until the start of the next allocation or until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the additional resource usage.

* Unused bandwidth in one month cannot be carried over to the next month.

Free Domain Name

* Customers who order an web design package may be eligible for a free domain name.

* The free domains are registered for the minimum registration period. After this period has elapsed you will be charged the renewal cost at the current domain registration rate.

* This offer is valid for new customers.

* You will be required to pay all your invoices for your web design package before you are qualified.

* The free domain name offered and registered is a property of Evith Technology, if you wish to take the ownership by transfering the domain name to your own registrar, $50 transfer fee will apply.

Price Change

* We reserve the right to change prices listed on our website.

* If we change the price of a product or service, then you will continue to be rebilled at the rate you signed up with, and only new customers will be charged at the new rate. However, if you reorder a product or service, or order a new product or service, or downgrade/upgrade your plan, then you will be billed at the new rate.


* The customer agrees it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. The customer furthermore agrees to defend, indemnify and hold us harmless against liabilities arising out of;
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Evith Technology;
(2) any material supplied by the customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party; (3) any breach of any representation or warranty provided herein
(4) any negligence or wilful misconduct by you
(5) any allegation that your account infringes a third person's copyright, trademark, or intellectual property right, or misappropriates a third person's trade secrets
(6) any defective products sold to customers from Evith Technology's server.

* By accessing any web site hosted on our or our partner's network or servers, you understand, agree and are bound by this indemnification.

* This indemnification is in addition to any other indemnification required of you elsewhere in this agreement.

* Should Evith Technology be notified of a pending law suit, or receive notice of the filing of a law suit, Evith Technology may seek a written confirmation from you concerning your obligation to indemnify Evith Technology. Your failure to provide such a confirmation may be considered a breach of this agreement.


* Evith Technology will not be responsible for any damages your business may suffer.

* We provide no warranties, express or limited, for services we provide, nor do we guarantee your web site or applications will work error free. This includes implied warranties of merchantability or fitness for a particular purpose. As such, we are not responsible for loss of data resulting from delays, software incompatibility, server or software issues, outages, no deliveries, wrong delivery and any service interruptions caused by Evith Technology and its employees.

* We do not guarantee uptime or service availability nor do we guarantee that services will be uninterrupted, timely, secure, or error free, or that defects will be corrected.

* Should any part of this disclaimer be made invalid by relevant legislation (such as the Trade Practices Act) then the remaining part shall still be in force.



* Some states or territories may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states or territories, Evith Technology's liability is limited to the full extent permitted by law. You agree that in no event shall Evith Technology's maximum aggregate liability exceed the total amount paid by you for the particular product or service in dispute purchased from Evith Technology.

Force Majeure

* A force majeure is defined as Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster even if caused by global warming, i.e., negative human activities that contribute to the destruction of the biosphere), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, governmental or quasi governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or interruption or failure of utilities or telephone service.

* Where a Party is unable, wholly or in part, by reason of force majeure, to carry out any obligation under this Agreement, and that Party: (a) gives each other Party prompt notice of that force majeure including reasonable particulars, and, in so far as known, the probable extent to which it will be unable to perform or be delayed in performing that obligation; (b) uses all possible diligence to remove that force majeure as quickly as possible, that obligation is suspended so far as it is affected by force majeure during the continuance of that force majeure and that Party shall be allowed a reasonable extension of time to perform its obligations.

* If after a period of six months, the force majeure has not ceased, the Parties shall meet in good faith to discuss the situation and endeavour to achieve a mutually satisfactory resolution to the problem.

* The requirement that any force majeure must be removed with all possible diligence does not require the settlement of general strikes, lockouts or other labour disputes or claims or demands by any government on terms contrary to the wishes of the Party affected.

Online Fraud

* In compliance with the Privacy Act, we are permitted to share your personal details with competent authorities when there is proof of fraudulent or criminal activities.

Changes to the Terms and Conditions

* Evith Technology reserves the right to revise its terms and policies from time to time without notice. Updates will appear on the company website Legal section. By continuing your services you agree to these revisions.

Governing Law

* This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the Australia and the State of Queensland, as if the Agreement was a contract wholly entered into and wholly performed within the State of Queensland. You agree that any action to enforce this Agreement or any matter relating to your use of the services and products shall be brought exclusively in the Australian Court. You consent to the personal and subject matter jurisdiction of any state or Federal court in Brisbane, Queensland in relation to any dispute arising under this Agreement. You agree that service of process on you by either the Primary Service Provider or Backend Service Provider in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your contact information or by electronically transmitting a true copy of the papers to the email address listed by you in your contact information.

Entire Agreement

* You agree that this Agreement including the policies it refers to (i.e., our Refunds Policy, etc) constitute the complete and only Agreement between You and Evith Technology regarding the Services contemplated herein.


* You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

Third Party Beneficiaries

* Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.