Terms & Conditions

TERMS OF SERVICE & GENERAL CONDITIONS

Please read this policy carefully to understand our policies and practices for collecting, processing, and storing your information. If you do not agree with our policies and practices, your choice is not to use our Website, third-party platform, Services, or equipment offered by Evvo. By accessing or using our Website, third-party platform, Services, or equipment you indicate that you understand, accept, and consent to the practices described in this policy. This policy may change from time to time (see Changes to Our Privacy Policy down below). Your continued use of this Website, third-party platform, Services, or equipment after we make changes indicates that you accept and consent to those changes, so please check the policy periodically for updates. We will notify you in advance of any material changes to this policy and obtain your consent to any new ways that we collect, use, and disclose your personal information.

Privacy Policy

INTRODUCTION

Evvo, and our affiliates and subsidiaries (“Company” or “We”) respect your privacy and are committed to protecting it by complying with this policy. This policy describes:

How we collect, use, disclose, and protect the personal information of our customers and website users (“you“);
Describes the types of information we may collect from you or that you may provide when you visit the website evvonow.com (our “Website“), third-party platforms; Services; or equipment and
Our practices for collecting, using, maintaining, protecting, and disclosing that information.

We will only use your personal information in accordance with this policy unless otherwise required by applicable law. We take steps to ensure that the personal information that we collect about you is adequate, relevant, not excessive, and used for limited purposes.

Privacy laws in Canada generally define “personal information” as any information about an identifiable individual, which includes information that can be used on its own or with other information to identify, contact, or locate a single person. Personal information does not include business contact information, including your name, title, or business contact information.

This policy applies to information we collect, use, or disclose about you:

On this Website;third-party platforms; Services, and equipment;
In email, text, and other electronic messages between you and Evvo;
When you interact with our third-party websites and services.

The Website may include links to third-party websites, portals, plug-ins, services, social networks, or applications. Clicking on those links or enabling those connections may allow the third party to collect or share data about you. If you follow a link to a third-party website or engage a third-party plugin, please note that these third parties have their own privacy policies and we do not accept any responsibility or liability for these policies. We do not control these third-party websites, and we encourage you to read the privacy policy of every website you visit.

This policy does not apply to information that:

We collect offline or through any other means, including on any other Company or third-party website (including our affiliates and subsidiaries); and/or
You provide to or is collected by any third party (including our affiliates and subsidiaries), through any application or content (including advertising) that may link to or be accessible from or on the Website and third-party platforms.

INFORMATION WE COLLECT ABOUT YOU

We collect and use several types of information from and about you, including:

Personal information, that we can reasonably use to directly or indirectly identify you, such as your name, mailing address, e-mail address, telephone number, Internet protocol (IP) address used to connect your computer to the Internet, mobile device identifier (i.e., “IMEI”, corresponding to an international mobile equipment identity), SIM card user name or other similar identifier, billing and account information, employee number, GPS location, and any other identifier we may use to contact you (“personal information“).
Non-personal information, that does not directly or indirectly reveal your identity or directly relate to an identifiable individual, such as demographic information, or statistical or aggregated information. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from personal information. For example, we may aggregate personal information to calculate the percentage of users accessing a specific Website feature.
Technical information, including your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, or information about your internet connection, the equipment you use to access our Website, and usage details.
Non-personal details about your Website interactions, including the full Uniform Resource Locators (URLs), clickstream to, through and from our Website (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, or any phone number used to call our customer service number.

We provide an opportunity for any user to unsubscribe from our or opt-out of contact for marketing purposes on an ongoing basis by e-mailing unsubscribe to info@evvonow.com.user to unsubscribe from our or opt-out of contact for marketing purposes on an ongoing basis by e-mailing unsubscribe to info@evvonow.com.

HOW WE COLLECT INFORMATION ABOUT YOU

We use different methods to collect your information, including through:

Direct interactions with you when you provide it to us, for example, by filling in forms or corresponding with us by phone, email, or otherwise.
Automated technologies or interactions, as you navigate through our Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

Information You Provide to Us

The information we collect directly from you on or through our Website may include:

Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material, and or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
Records and copies of your correspondence (including email addresses) if you contact us.
Your responses to surveys that we might ask you to complete for research purposes.
Details of transactions you carry out through our Website, third-party platform, Services, or equipment and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website, third-party platform, Services, or equipment.
Your search queries on the Website.

You may also provide information to be published or displayed (hereinafter, “posted“) on public areas of the Website or transmitted to other users of the Website or third parties (collectively, “User Contributions“). Your User Contributions are posted on and transmitted to others at your own risk. Although [we limit access to certain pages/you may set certain privacy settings for such information by logging into your account profile], please be aware that no security measures are perfect. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that unauthorized persons will not view your User Contributions.

Information We Collect Through Cookies and Other Automatic Data Collection Technologies

As you navigate through and interact with our Website or third-party platform, we may use cookies or other automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

Details of your visits to our Website or third-party platform including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website or third-party platform.
Information about your computer and internet connection, including your IP address, operating system, and browser type.

The technologies we use for this automatic data collection may include:

Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

We use information that we collect about you or that you provide to us, including any personal information:

To present our Website or third-party platform and its contents to you.
To provide you with information, products, or services that you request from us.
To fulfill the purposes for which you provided the information or that were described when it was collected, or any other purpose for which you provide it.
To provide you with notices about your account/subscription, including expiration and renewal notices.
To carry out our obligations and enforce our rights arising from any contracts with you, including for billing and collection or to comply with legal requirements.
To notify you about changes to our Website or any products or services we offer or provide though it.
To improve our Website, products or services, marketing, or customer relationships and experiences.
To allow you to participate in interactive features, social media, or similar features on our Website.
To measure or understand the effectiveness of the advertising we serve to you and others, and to deliver relevant advertising to you.
In any other way we may describe when you provide the information.
For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you, as permitted by law.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.t with an advertisement, the advertiser may assume that you meet its target criteria.

DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

To our subsidiaries, affiliates, and partners.
In accordance with applicable law, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Evvo’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Evvo about our customers and users is among the assets transferred.
To contractors, service providers, and other third parties we use to support our business (such as but not limited to analytics and search engine providers that assist us with Website improvement and optimization) and who are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this policy.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.

We may also disclose your personal information:

To comply with any court order, law, or legal process, including to respond to any government or regulatory request, in accordance with applicable law.
To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Evvo, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

TRANSFERRING YOUR PERSONAL INFORMATION

We may transfer personal information that we collect or that you provide as described in this policy to contractors, service providers, and other third parties we use to support our business (such as analytics and search engine providers that assist us with Website improvement and optimization) and who are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this policy.

We may process, store, and transfer your personal information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country. Whenever we engage a service provider, we require that its privacy and security standards adhere to this policy and applicable Canadian privacy legislation.

By submitting your personal information or engaging with the Website or third-party platform, you consent to this transfer, storage, or processing.

DATA SECURITY

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website or third-party platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or third-party platform.

DATA RETENTION

Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.

Evvo will (at Customer’s option) return Customer Data in its possession upon termination of the Agreement and/or SOW, PSOW, or delete such Customer Data at Customer’s request within a reasonable time unless Applicable Law requires Evvo to retain it.

ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By law you have the right to request access to and to correct the personal information that we hold about you.

We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

We will provide access to your personal information, subject to exceptions set out in applicable privacy legislation. Examples of such exceptions include:

Information protected by solicitor-client privilege;
Information that is part of a formal dispute resolution process;
Information that is about another individual that would reveal their personal information or confidential commercial information; and
Information that is prohibitively expensive to provide.

WITHDRAWING YOUR CONSENT (OPTING-OUT)

Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at info@evvonow.com. Please note that if you withdraw your consent we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.

CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website home page.

We include the date the privacy policy was last revised at the top of the page. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Should you have any questions or concerns regarding our privacy policy or your data, please contact our Privacy Officer at info@evvonow.com.

Delivery; Shipping Coordination Service

Purchasing Shipping Coordination Services. Pursuant to the terms of a Purchase Order and/or SOW, the Customer can instruct Evvo to coordinate the shipment of the Equipment to an address (or location) selected by the Customer.

Shipping of Equipment: Equipment, including Rental Equipment is shipped to each location according to the carrier shipping terms (i.e., UPS, Fedex, DHL, Canada Post). If Customer or the end-user fails to take delivery of the Equipment (or Rental Equipment), Evvo will make two (2) further attempts to deliver it before canceling the Order. Customer is responsible for Evvo’s failed delivery charges.

Customer order or shipment cancelation: Should the Customer choose to cancel their order with Evvo at any time after Evvo accepts the order, charges may apply. The type of charges include but are not limited to, shipping charges, order processing fees, packaging costs..etc.

Supply of packing materials: For an additional fee, the Customer can retain Evvo’s services to provide specialized packaging supplies to prevent breakage of Devices during shipment. In all cases, Evvo will provide the Customer with a checklist to guide the Customer in the packaging and shipping of the Devices.

SHIPPING TERMS

The terms of shipping shall be governed by the internationally recognized [Incoterm] as agreed upon in the contract of sale, unless otherwise expressly stated in this agreement;
Evvo shall arrange for the transportation of the goods to the agreed-upon destination, as specified in the Purchase Order;
All costs and risks associated with the transportation, including but not limited to freight charges, insurance, duties, and taxes, shall be borne by the Customer, unless otherwise agreed in writing.

DELIVERY SCHEDULE

Evvo shall use reasonable efforts to adhere to the agreed-upon delivery schedule. However, Evvo shall not be liable for delays caused by events beyond its reasonable control, including but not limited to acts of nature, labor disputes, or transportation interruptions;
In the event of a delay, Evvo shall promptly notify the Customer of the circumstances causing the delay and provide an estimated revised delivery schedule.

TITLE AND RISK OF LOSS

Inbound shipments. Title and Risk of loss, theft, or damage to the Equipment shall pass from the Customer to Evvo upon delivery to Evvo’s warehouse. The Customer shall be responsible for obtaining any necessary freight insurance coverage.
Outbound shipments. Title and Risk of loss theft, or damage to the Equipment shall pass from Evvo to the Customer upon loading onto truck at Evvo’s dock as governed by the internationally recognized [Incoterm]. The Customer shall be responsible for obtaining any necessary freight insurance coverage.

Limitation of liability for delivery; loss; theft, and/or breakage. Evvo shall not be responsible for any damage, theft, or loss whatsoever, resulting, for example, from: loss, breakage, theft, degradation or deterioration, or any damage to the Equipment during shipping and transport, regardless of the means of shipment or the agent selected.

Warehousing and Logistics of Equipement

Evvo offers Warehousing and Logistics services to Customer, in which the Customer owned goods shall be stored at Evvo’s facilities.

SECURITY

The facilities of the Evvo Laboratory are secured in accordance with industry standards, and security measures are periodically reassessed. Access to the laboratory is restricted and managed through a single entry point controlled by electronic key-card locks.
In addition, each technician who has access to the secured area is subject to a rigorous selection process during the hiring procedure, which includes a criminal background check.

LOGISTICS OPERATIONAL SITES AND FACILITIES

To ensure the timely supply, as required by Customer, Evvo shall establish warehouses (hereinafter referred to as “Warehouses”) at working site of Evvo upon request by Customer to store materials which are to be used in Customer’s business operation.

SERVICES

Evvo shall respond to Customer’s need to supply in time with the inventories in the Warehouses. Evvo shall process the orders per SLO requirements defined in the SOW
If arranged with Evvo, Customer can check the inventory level in the Warehouses through the Platform of Evvo and issue orders accordingly.
If Customer is not able to issue orders or receive email confirmation via the Platform or ticketing system due to system errors thereof, Customer can retrieve the materials by submitting an email properly detailing the equipment and/or accessories with approval by the authorized signatory.
Customer shall inspect the quantity and appearance of the materials upon receipt of the materials delivered by Evvo. Customer shall accept the materials if the materials satisfy the specified quality standards. Request for exchange of materials shall be raised in time should the materials do not satisfy the quality standards. In the case of exchange of materials, Customer shall confirm in writing the accuracy of the delivery in respect of the amount and appearance after inspection.
Where the materials ordered by Customer are temporarily out of stock, Evvo shall ship the materials to the destinations specified in the order issued by Customer within two business days upon the arrival of the materials

EVVO SHALL ARRANGE SHIPPING OF EQUIPEMENT

Customer is responsible for all shipping costs and insurance of ordered equipment as defined in the SOW. Evvo is entitled to negotiate with Customer on the transportation fees based on the actual circumstances of transportation and materials.
If the Customer chooses to not provide Evvo access to the Customers shipping account then Evvo will charge Customer once a month for shipping costs. Customer shall be responsible for arranging their own freight insurance on all shipments made by Evvo to Customer.
If the Customer chooses to provide us their shipping account then the shipping charges will appear on the Customers own account. Customer is responsible for informing Evvo if insurance is added to all shipments under Customer account.

SETTLEMENT

Both parties agree that the services fee shall be settled according to SOW. Evvo shall invoice Customer for services and shipping incurred during the previous month.

RIGHTS AND OBLIGATIONS OF EVVO

Evvo shall provide logistics services including warehousing and transportation as per the SOW.

OWNERSHIP AND RISKS

Customer maintains the ownership of goods transported or stored by Evvo. Without written consent of Customer, Evvo shall not sell, rent, lend, grant, mortgage, pledge or dispose of the goods in other manners.

RISK OF LOSS

Equipment Purchase; Return; Replacement

PURCHASE

The Customer may purchase from Evvo new, used and/or refurbished mobile devices and/or accessories via a Purchase Order as mutually agreed upon.

SHIPPING TERMS

will be those set forth in the mutually agreed upon Purchase Order and Evvo Delivery; Shipping Coordination Service Schedule.

CANCELLATION

Evvo may cancel orders and refund Customer’s payment because of pricing errors, unavailability of inventory or for any other reason. In the event that Evvo rejects the Customer’s order, Evvo will have no obligation to fulfill the order and the Customer will have no obligation to pay Evvo for the order.

WARRANTY ON EQUIPEMENT

Warranty on new Devices

If permitted to do so, Evvo shall pass through to Customer any warranties given by its third-party vendors in connection with hardware, devices or other accessories purchased thereby, and such to the extent permitted by the terms and conditions of such warranties. For the avoidance of doubt, Evvo shall look to the Original Equipment Manufacturers (OEM) warranty provisions for each specific vendor/subcontractor’s warranty terms and conditions for said hardware, devices, accessories or other products used thereby. Upon Customer’s request, Evvo agrees to assist Customer, at additional cost, to enforce such warranties. The Parties shall co-administer such warranties and immediately notify one another of any defects discovered or suspected that may be covered by such warranties. Customer understands that equipment returned under the manufacturer’s warranty have to be diagnosed by an OEM approved processing center that might or might not be Evvo.

Warranty on Certified Refurbished devices

Evvo warrants the hardware product against defects in materials and workmanship when used normally in accordance with OEM’s guidelines for a period of ONE (1) YEAR from the date of purchase. The warranty does not apply to Devices still under the manufacturer’s warranty which have to be repaired by a processing centre linked to the manufacturer and which are not Evvo or replace by the manufacturer. In such a case, the manufacturer’s warranty applies.

This Warranty does not apply: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship; (c) to damage caused by use with a third party component or product that does not meet the OEM Product’s specifications; (d) to damage caused by accident, abuse, misuse, fire, earthquake or other external cause; (e) to damage caused by operating the Product outside the OEM’s published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone other than Electgrobac: (g) to a Product that has been modified to alter functionality or capability:; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Product, (i) if any serial number has been removed or defaced from the Product, or (j) if Evvo receives information from relevant public authorities that the product has been stolen or if you are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorized access to the Product, and you cannot prove in any way that you are the authorized user of the product (eg. by presenting proof of purchase).

Warranty on Cases, pouches, cables and other accessories. With respect to cases, pouches, cables and other accessories sold by Evvo, they will be guaranteed for a period of ninety (90) days after the date of purchase to cover any manufacturing defect.

GENERAL RETURN REQUIREMENTS

Customer must return the Equipment in suitable packaging and affix the return label and any other required labeling provided by Evvo. Customer must ensure the Equipment is turned off prior to shipment and packed in such a way to prevent the Equipment from turning on during transit;
Customer shall ensure that all Equipment returned to Evvo: (a) does not include any SIMs, storage cards, or accessories; and (b) contains no active security measures or applications, such as barring, password protection, Find my iPhone, Android “Device Manager”, Apple Devices, Samsung and/or any other security measure or application. If any such security applications on the Equipment are still active or turned on when it is returned to Evvo and prevent Evvo from diagnosing, repairing and/or refurbishing the device, the Customer will be notified and requested to remove these within ten (20) Business Days. If the security measures are not removed, Evvo will return the device to the Customer, and the return will be considered void.
Data on returned Devices. The Customer accepts complete responsibility of all risks associated with this (these) Service(s), including but not limited to:
- Understanding that once the Devices has been diagnosed the information contained in the Device may be permanently irretrievable, unreadable, inaccessible, and indecipherable and some existing applications and programs on the Device may not be compatible with any updated systems.
- That the diagnostic of the Device may result in the destruction or erasure of all (or specified) data and files in the Customer’s Device (i.e., storage or mobile device) and that the Customer shall have sole and exclusive responsibility for backing-up its data or third party data under its control.
- That the diagnostic of the Device may require reset to factory settings. This may lock the phone to a carrier network if the Device was unlocked after purchase. Evvo may not be able to unlock the Device.

After reception and examination of the Equipment it is found to be defective, it will be repaired, replaced or reimbursed, at Evvo’s discretion, free of charge and all reasonable shipping costs will be covered by Evvo. It does not apply to malfunctions resulting from action by the Customer, including, but not limited to, improper handling, physical damage, water damage, usage outside the designed uses of the Device, and a repair carried out by a person other than Evvo. The Customer understands that if access to the Device is protected by a password or other form of locking and the Customer does not wish to grant access to Evvo, the measures for validating the functionalities and the processes for appropriate quality control for this Device cannot be followed, in which case the Customer waives its right to the warranty on repairs and parts. If No fault is found, the device will be returned to the Customer at the Customer expense with an administration fee of 40$.

REPLACEMENT EQUIPEMENT

Replacement equipment will be shipped under the same terms and to the same delivery address as the original equipment;
If rented, replacement equipment will be considered Rental Equipment upon delivery to Customer and the Service commencement date and rental period are the same as for the original equipment;
The replacement Equipment may not contain inbox accessories such as battery charger, headset, cable, and manuals, and only the Equipment set forth in a Purchase Order will be sent to the Customer;
The replacement Equipment will be new or refurbished subject to availability, and depending on OEM policies;

Data Erasure Service

Pursuant to the terms of the Agreement and/or SOW, the Customer may retain Evvo to erase the entirety of the data contained on the Customer’s Equipment, in particular laptops, mobile devices, tablets and the like, hereinafter referred to as “Data Erasure Service(s)”. In order to perform these Data Erasure Service(s), the Customer accepts complete responsibility of all risks associated with this (these) Service(s), including but not limited to:

Destruction and disposal laws that may apply, depending on the jurisdiction, and it is the Customer’s responsibility to inform itself of the applicable laws and regulations that may apply;
Understanding that once the Equipment has been sanitized, the information contained in the Equipment may be permanently irretrievable, unreadable, inaccessible, and indecipherable, and that the physical Equipment may not be shredded and/or recycled, unless otherwise instructed to do so by the Customer;
That the use of Data Erasure Service(s) will result in the erasure of all (or specified) data and files in the Customer’s Equipment (i.e., storage or mobile device) and that the Customer shall have sole and exclusive responsibility for backing-up its data or third party data under its control.

In other words, Evvo accepts no liability or responsibility for the performance of Data Erasure Services, and cannot be held liable for any loss of data.

DATA DISPOSAL POLICY

As Evvo’s Cambridge facility is certified to R2V3, it understands the importance of data, as well as using approved methods for sanitizing equipment in a timely and effective manner. Evvo is not only committed to providing a sustainable security protection that will help to prevent or minimize security risk factors through hazard recognition, assessment, control and evaluation processes, but adheres with the R2V3 standard, and more particularly the Appendix B – Data sanitization of R2V3 standard.

DATA DESTRUCTION

Evvo will destroy data on the Customer’s storage media utilizing industry leading electronic erasure tools that use destruction methods which adhere to data destruction standards such as NIST Special Publication 800-88. If the Customer wishes Evvo to use an alternate method of data destruction such as physical destruction only, it must immediately notify Evvo, and arrive to a mutually agreeable written agreement.

SECURITY

The Evvo Lab facility is secured by utilizing 24/7 alarm monitoring and high-resolution cameras in critical areas providing 60+ days of surveillance history and security bars in all windows. Lab access is through a single entrance and is controlled by card-key electronic locks. All employees have background checks along with RCMP checks for certain areas in the lab. Single point of entry to lab is through a walkthrough metal detector.

In addition, each Evvo employee, including each technician, undergoes a rigorous screening procedure during the job application process. Each Evvo employee is required to pass a provincial and federal criminal background check(s). Further, all employees are bound to confidentiality covenants in their employment agreements with Evvo.

THIRD PARTY DATA ERASURE

In cases where Evvo, on behalf of Customer, instructs a third party to perform Data Erasure Services, it will ensure that such third party adheres to Evvo’s and Customer’s data sanitization policies, as may be applicable. In this regard, Evvo utilizes the federally trusted data security partners, such as Blancco, certified and adopted by organisms such as the NATO, the NSA, The National Department of Defense of the United States of America, the UK National Cyber Security Centre (NCSC), the German Information Security Agency (GISA), the Japanese Refurbished and Recycled Information Technology Equipment Association, the Dutch General Intelligence and Security Service Centre, and the Norwegian National Security Authority, among many others. Customer also acknowledges that it may have to adhere and comply with third-party policies, as set forth in the Agreement.

Upon data erasure, Evvo shall provide a Certificate of Erasure issue by the third party to the Customer.

LIMITATION OF LIABILITY

As indicated above, and as a result of the Data Erasure Service(s), Evvo accepts no liability or responsibility for the performance of Data Erasure Services, and cannot be held liable for any loss of data. The Customer further understands that Evvo cannot and does not make any guarantee that the Data which remains on the Device will be deleted if Evvo has not been retained to perform the Data Erasure Service. Evvo shall pass through to Customer any warranties given by its third-party vendors in connection with the foregoing service, and such to the extent permitted by the terms and conditions of such warranties.

Device buy-back services

Evvo works with Customers needing to decommission their used and outdated mobile devices when upgrading to newer models. The buyback process is secure, environmentally friendly, and helps to offset the purchase cost of the new phones, while ensuring any remaining data is erased from the used devices, if opted for and agreed upon pursuant to the Schedule L – Data erasure services.

GENERAL CONDITIONS

In this regard, the Customer may retain Evvo to buy back its Devices (the “Device Buy-back Service”). The buyback price (or “Redemption price”) proposed in the estimate (“Estimate”) is conditional on the evaluation of the Devices as carried out by Evvo and the confirmation of the absence of physical or functional anomalies. If the verified status of the Devices does not comply with the qualifying parameters, Evvo will inform the Customer of the observed non-conformities of the Equipment (i.e., mobile device) and will offer the Customer the possibility of: (i) selling the Equipment to Evvo at a value adjusted according to of their condition (a “Final Evaluation”), or (ii) ask Evvo to return the Equipment to the Customer at the Customer’s expense in addition to an administrative fee of $40 CAD per Equipment (a “Return of Devices”).

The Customer has ten (10) business days after Evvo sending the Final Evaluation to accept or request the Return of the Devices. After this period, the Final Evaluation will be deemed to be accepted. In the event of a Return of the Devices, all the risks of transporting the Devices, the acceptance of the Return of the Devices (verbal, written or otherwise agreed), will be the sole responsibility of the Customer, Evvo therefore being exempt from any liability to the Customer with regard to the Devices.

DEVICE VALUE

The Customer hereby acknowledges that any buyback value determined as part of the Device buy-back Service is at the sole discretion of Evvo and does not necessarily represent the market value of the Devices.

Ownership of Devices: The Customer declares and warrants to Evvo that they hold the property rights over all the Devices that they submit or sell to Evvo under the terms listed herein, or that they have obtained all the rights to submit or sell these Devices by the terms listed herein. The Customer undertakes to indemnify and hold Evvo, its shareholders, directors, employees, agents, subcontractors, and suppliers fully harmless against any claim by anyone against any of them relating to the property rights of the Devices.

Active security measures and locking mechanism: Customer shall ensure that all Equipment returned to Evvo: does not contain active security measures or applications, such as barring, MDM lock, password protection, Find my iPhone, Android “Device Manager”, Apple Devices, Samsung and/or any other security measure or application. If any such security applications on the Equipment are still active or turned on when it is returned to Evvo and prevent Evvo from repairing and/or refurbishing the device, Customer will be notified and requested to remove these within twenty (20) Business Days or retain Evvo’s Unlocking and Support Services to do so. Charges will apply for Evvo to re-process devices that were locked. If the security measures are not removed, Evvo may, at its discretion, dispose of the Equipment and Customer shall pay the beyond economic repair charge, as well as any recycling fees.

Service Credits: If the Customer approves the Final Evaluation and the overall cost of services results in a surplus credit for the Customer, these funds will be retained as service credits. The Customer can apply these credits toward any Evvo products or services. If requested, the surplus amount may be reimbursed to the Customer via direct deposit within 30 days upon receipt of a valid invoice from the Customer.

OWNERSHIP OF DEVICES

The Customer declares and warrants to Evvo that they hold the property rights over all the Devices that they submit or sell to Evvo under the terms listed herein, or that they have obtained all the rights to submit or sell these Devices by the terms listed herein. The Customer undertakes to indemnify and hold Evvo, its shareholders, directors, employees, agents, subcontractors, and suppliers fully harmless against any claim by anyone against any of them relating to the property rights of the Devices.

ACTIVE SECURITY MEASURES AND LOCKING MECHANISM

Customer shall ensure that all Equipment returned to Evvo: does not contain active security measures or applications, such as barring, MDM lock, password protection, Find my iPhone, Android “Device Manager”, Apple Devices, Samsung and/or any other security measure or application. If any such security applications on the Equipment are still active or turned on when it is returned to Evvo and prevent Evvo from repairing and/or refurbishing the device, Customer will be notified and requested to remove these within twenty (20) Business Days or retain Evvo’s Unlocking and Support Services to do so. If the security measures are not removed, Evvo may, at its discretion, dispose of the Equipment and Customer shall pay the beyond economic repair charge.

SERVICE CREDITS

If the Customer approves the Final Evaluation and the overall cost of services results in a surplus credit for the Customer, these funds will be retained as service credits. The Customer can apply these credits toward any Evvo products or services. If requested, the surplus amount may be reimbursed to the Customer via direct deposit within 30 days upon receipt of a valid invoice from the Customer.

Device Repair Service(s)

REPAIR SERVICES

The Customer may retain Evvo to repair its Devices (the “Repair Service”). After having checked the condition of the Devices (or Equipment), Evvo will inform the Customer of the observed defects of the Devices (or Equipment) and will provide the Customer with the possibility to: (i) have the Devices repaired according to the pricing present in the Estimate (the “Final Repair Offer”) or (ii) ask Evvo to return the Devices (or Equipment) to the Customer at the Customer’s expense in addition to an administrative fee of $40 per Device (a “Return of Devices”).

Other than for pre-approved repairs and procedures listed in the SOW, the Customer has ten (10) business days after Evvo sending the Final Repair Offer to accept or request the Return of the Devices. After this period, the Final Repair Offer will be deemed to have been accepted. Customer understands that additional charges may apply if Evvo determines after further inspection that additional services are necessary. Evvo will contact Customer if additional service is required before performing additional service not listed on the Final Repair Offer. Evvo may, upon further inspection, determine that the Device cannot be repaired due to physical or liquid damage or other reasons and Evvo will contact the Customer and will offer to recycle or return the Device to the Customer.

Samsung Independant Service Provider

The Customer understands that Evvo is a Samsung Authorized Service Center and that Evvo participates in the Samsung Independent Service Provider Program and uses Genuine Parts purchased directly from Samsung

Sharing of information about Samsung Devices

Customer understands and agrees that Evvo may collect repair data logs from the Device. Evvo may be requested to share Customer contact information with the Device manufacturer (Samsung) for the following purposes only: i) providing the services; ii) quality assurance; and iii) receiving a customer satisfaction survey from the device manufacturer following completion of the services. If the Customer does not wish to have its contact information shared with the Device manufacturer, it can advise Evvo prior to repairs. Note that this may impact the provision of certain services. The Device manufacturer and Evvo will not sell, rent, or otherwise disclose such information (except as needed to device service vendors) without Customer prior approval. When Device information is shared with the Device manufacturer, it will be treated in accordance with the Device manufacturer’s privacy policy.

Apple Independent Repair Provider (IRP)

The Customer understands that Evvo is a Apple Independent Repair Provider (IRP). Evvo can conduct repairs using Apple Genuine Parts sourced from Apple, at the request of the Customer. Evvo uses Apple diagnostics, tools, and processes to make sure your Apple product repair is done safely and reliably. Evvo will inform the Customer when using parts that are not Apple Genuine Parts to conduct repairs on Customer devices, if applicable. Evvo is an Apple Independent Repair Provider, not an Apple Authorized Service Provider. Unless required by law, damage caused by using parts that are not Service Parts and/or repairs conducted by Evvo may be excluded from Apple’s warranty.

Counterfeit Products

Evvo will not use or offer for sale any Counterfeit Products. “Counterfeit Products” means counterfeit or knockoff Products or parts used in service or repair that violate OEM Intellectual Property and are likely to deceive or confuse customers into believing they are OEM Genuine Parts (for example, a part that includes an unauthorized OEM logo or a part that is falsely advertised as an OEM Genuine Part, when it is not). Other than the foregoing, Third Party Parts are not Counterfeit Products.

Data on repaired devices

The Customer accepts complete responsibility of all risks associated with this (these) Service(s) and Evvo’s privacy policy, including but not limited to:

Understanding that once the Devices has been repaired, the information contained in the Equipment will be permanently irretrievable, unreadable, inaccessible, and indecipherable and some existing applications and programs on the Device may not be compatible with any updated systems.
That the use of Device Repair services will result in the destruction or erasure of all (or specified) data and files in the Customer’s Equipment (i.e., storage or mobile device) and that the Customer shall have sole and exclusive responsibility for backing-up its data or third party data under its control.
That the repair of the Device may require reset to factory settings. This may lock the phone to a carrier network if the Device was unlocked after purchase. Evvo may not be able to unlock the Device.
If the Customer does not want their device erased, Evvo requires written approval from the Customer against each device. The request must state the IMEI, make and model of the device.

12 MONTHS WARRANTY ON REPAIRS AND PARTS FOR MOBILE DEVICES:

The warranty includes a 12 months warranty on parts replaced and repairs made. In the event of a malfunction of the Device, it must be returned to Evvo for evaluation. Evvo will diagnose the repair upon receipt. After examination, if the related Evvo repair is found to be defective, it will be repaired or replaced free of charge and all shipping costs will be covered by Evvo. The warranty does not apply to batteries, which are consumable parts. The warranty does not apply to Devices still under the manufacturer’s warranty which have to be repaired by a processing centre linked to the manufacturer and which is not Evvo or replace by the manufacturer. In such a case, the manufacturer’s warranty applies. The warranty does not apply to malfunctions resulting from action by the Customer, including, but not limited to, improper handling, physical damage, water damage, usage outside the designed uses of the Device, and a repair carried out by a person other than an employee of Evvo. The Customer understands that if access to the Device is protected by a password or other form of locking and the Customer does not wish to grant access to Evvo, the measures for validating the functionalities and the processes for appropriate quality control for this Device cannot be followed, in which case the Customer waives its right to the warranty on repairs and parts. 12 months commences on the date of shipment from Evvo to the Customer.

90 DAYS WARRANTY ON REPAIRS AND PARTS FOR LAPTOP DEVICES:

The warranty includes a 90 days warranty on parts replaced and repairs made. In the event of a malfunction of the Device, it must be returned to Evvo for evaluation. Evvo will diagnose the repair upon receipt. After examination, if the related Evvo repair is found to be defective, it will be repaired or replaced free of charge and all shipping costs will be covered by Evvo. The warranty does not apply to batteries, which are consumable parts. The warranty does not apply to laptop Devices still under the manufacturer’s warranty which have to be repaired or replaced by an OEM authorized processing centre. In such a case, the manufacturer’s warranty applies. The warranty does not apply to malfunctions resulting from action by the Customer, including, but not limited to, improper handling, physical damage, liquid damage, usage outside the designed uses of the laptop, and a repair carried out by a person other Evvo. The Customer understands that if access to the laptop Device is protected by a password or other form of locking and the Customer does not wish to grant access to Evvo, the measures for validating the functionalities and the processes for appropriate quality control for this laptop Device cannot be followed, in which case the Customer waives its right to the warranty on repairs and parts. 90 days commence on the date of shipment from Evvo to the customer.

DEVICE DAMAGED BY EVVO:

If a Device is damaged while undergoing repair and in the possession of Evvo, Evvo will either repair the Device if it is damaged, replace it with an equivalent Device if it is damaged, or provide a refund/credit equal to the fair market value of a comparable Device. Evvo’s liability shall not exceed the fair market value of the Device. Evvo shall not be liable for damage to or replacement of screen protectors or other accessories associated with the Device.

RISK OF LOSS:

The Client shall assume the risk of loss, theft, and/or damage to the Products while they are in the custody of Evvo, except when such loss and/or damage results from Evvo’s gross negligence or willful misconduct. In such cases, Evvo agrees to indemnify the Client for those losses and/or damages up to the lesser of the acquisition cost or the fair market value of the Products. Evvo must maintain security measures at its facilities in compliance with industry standards to protect the Products. The Client shall assume all risks of loss, theft, or damage to the Products, as well as data breaches, during their transport to or from Evvo’s facilities. Evvo shall not be held liable for any risk of loss, damage to the Products, or data breaches before their acceptance at its facilities or after their handover to a carrier from its facilities, in accordance with an Order. The Client shall be responsible for insuring its property stored at Evvo or in transit and for filing any insurance claims. Evvo may assist the Client in filing such claims by providing relevant information in its possession.Parts and components: Evvo may, at its sole discretion, use rebuilt, reconditioned, used, or new parts or components when repairing the Devices. Under no circumstances does Evvo guarantee that it will use new parts.Third Party Use: Customer understands that certain repairs, such as manufacturer warranty repairs and repairs requiring original Apple manufacturer parts and others, must be performed by a third party. In such a case, Evvo will inform the Customer. The Customer can then retain Evvo to coordinate the process of shipping as described in Schedule I: Delivery; Shipping Coordination Service. The Customer understands that Evvo cannot and does not guarantee that the Data that remains on the Device handled and / or repaired by the third party will be deleted. In addition, the Customer understands that it is the third party guarantee that applies in this case.stomer understands that it is the third party guarantee that applies in this case.

Recycling services

For Devices (or Equipment) for which the Repair Service and the Corporate Buyback Service would be impossible, commercially unreasonable, or for which the Customer does not wish to mandate Evvo for this purpose, Evvo offers the Customer the possibility of sending the Devices to a processing center located in Canada and approved R2 for Physical Destruction and Recycling (the “Recycling Service”). Evvo will ensure that such third party adheres to Evvo’s policies and, if greater, the Customer’s requirements, as may be applicable. Evvo audit’s the third party downstream vendor annually to ensure it conforms to all R2 and Evvo requirements. Customer acknowledges and understand that it may have to adhere and comply with third-party policies, as set forth in the Agreement.

In this case, Evvo will communicate to the Customer the total number of Devices that have been sent for recycling and upon request, provide a Certificate of Destruction to the Customer.

The Customer accepts complete responsibility of all risks associated with this (these) Service(s), including but not limited to:

Destruction and disposal laws that may apply, depending on the jurisdiction, and it is the Customer’s responsibility to inform itself of the applicable laws and regulations that may apply;
Understanding that once the Equipment has been destroyed and recycled, the information contained in the Equipment may be permanently irretrievable, unreadable, inaccessible, and indecipherable.
That the use of Recycling Service(s) will result in the destruction of all (or specified) data and files in the Customer’s Equipment (i.e., storage or mobile device) and that the Customer shall have sole and exclusive responsibility for backing-up its data or third party data under its control.

Unlocking and support services

Customer’s Device might be locked by active security measures or applications, such as barring, MDM lock, password protection, Find my iPhone, Android “Device Manager”, Apple Devices, Samsung and/or any other security measure or application that would prevent the Device to be reused.

DIRECT UNLOCKING SERVICE

The Customer may retain Evvo for the Direct Unlocking Service, wherein Evvo will conduct unlocking procedures on Devices whenever it is deemed reasonable and directly feasible by Evvo (e.g., Android lock).

UNLOCKING SUPPORT SERVICE

The Customer may retain Evvo to (i) inventory and serialize Devices requiring unlocking procedures that Evvo cannot directly perform (e.g., Apple’s ‘Find my Phone’), and (ii) relay pertinent information to the Customer to support the unlocking process. It’s important to note that this service does not encompass the physical unlocking of the Devices, and Evvo bears no responsibility for the success of the operation.

Platform Uptime and Maintenance

Evvo does not currently offer any uptime and maintenance warranties and guarantees, as it relies on its third-party supplier to provide the same. Any uptime and maintenance warranties and guarantees shall be passed-through to Customer, if permitted to do so. By way of example, reference can be made to Oracle NetSuite Service Status.