Terms & Conditions

For the purposes of these Terms, the following definitions apply:

• "Services" — Cloud Consulting, Cloud Migration, DevOps, Well-Architected Framework Reviews, and Managed Services provided by Evangelist Technology.
• "Managed Services" — Ongoing, subscription-based monitoring, management, and support of Client cloud environments including Microsoft Azure and other cloud platforms.
• "Statement of Work (SOW)" — A mutually signed document defining the scope, deliverables, timeline, and pricing for a specific engagement.
• "Client Data" — Any data, content, or information owned by or belonging to the Client that is processed, accessed, or stored in connection with the Services.
• "Platform" — The website at evangelisttechnology.com and any associated client portals, dashboards, or tools.
• "Deliverable" — Any work product, report, code, configuration, or document produced as part of the Services.
• "Incident" — An unplanned interruption to or reduction in the quality of a managed cloud service.
• "Force Majeure" — Events beyond reasonable control including natural disasters, government actions, pandemics, or internet infrastructure failures.

These Terms apply to all interactions with Evangelist Technology including website visits, service engagements, and managed services subscriptions, whether conducted online, by email, telephone, or under a written agreement.

By accessing our website, requesting a proposal, signing a Statement of Work, or using any of our Services, you represent and warrant that:

• You are at least 18 years of age and have the legal capacity to enter into binding agreements
• If acting on behalf of a company or organisation, you have the authority to bind that entity to these Terms
• You have read, understood, and agree to comply with these Terms in full
• All information you provide to us is accurate, complete, and up to date

Evangelist Technology is an Advanced Cloud Consulting Partner offering the following core service lines:

Cloud Consulting

• Cloud strategy, readiness assessments, and architecture design
• Microsoft Azure Well-Architected Framework reviews and optimisation
• Cost optimisation and cloud governance advisory
• Multi-cloud and hybrid cloud planning

Cloud Migration

• Lift-and-shift, re-platforming, and refactoring migrations
• Application and database migration to Microsoft Azure
• Migration assessment, planning, and execution
• Post-migration validation and hypercare support

DevOps Services

• CI/CD pipeline design, implementation, and automation
• Infrastructure as Code (IaC) using Terraform, Bicep, and ARM templates
• Containerisation with Docker and Kubernetes (AKS)
• DevSecOps integration and security automation

Managed Services

• 24/7 cloud infrastructure monitoring and alerting
• Proactive incident management and resolution
• Performance tuning, patching, and capacity management
• Security monitoring, compliance reporting, and backup management

The specific scope, deliverables, and timelines for each engagement are defined in a mutually agreed Statement of Work (SOW) or Managed Services Agreement (MSA).

The following terms apply specifically to Managed Services engagements where Evangelist Technology assumes ongoing operational responsibility for Client cloud environments:

Scope of Management

Managed Services cover only those cloud resources, subscriptions, and environments explicitly listed in the Managed Services Agreement (MSA). Resources added outside of the agreed scope require a written amendment before management coverage is extended.

Access & Authorisation

• Client must grant Evangelist Technology appropriate access (RBAC roles or equivalent) to manage agreed resources
• Access will be limited to the minimum permissions required (least-privilege principle)
• Client retains full ownership and administrative rights over all cloud accounts and subscriptions
• Evangelist Technology will not take actions outside the agreed management scope without prior written approval

Monitoring & Alerting

• 24/7 automated monitoring of agreed infrastructure components, performance metrics, and security events
• Alert thresholds and escalation contacts are defined during onboarding and may be updated upon request
• Monitoring coverage does not guarantee zero downtime but ensures prompt detection and response

Change Management

All significant changes to managed environments will follow an agreed change management process, including change requests, approvals, and maintenance windows. Emergency changes required to prevent or resolve critical incidents may be implemented with immediate verbal/email notification to the Client.

Exclusions

For Managed Services clients, Evangelist Technology commits to the following response and resolution targets based on incident priority. All times reflect business operations during standard IST hours unless a 24/7 plan is contracted.

Uptime commitments, maintenance window schedules, and SLA credit calculations are specified in the individual Managed Services Agreement. SLA obligations are suspended during Force Majeure events or outages caused by third-party cloud platforms.

The successful delivery of our Services depends on timely collaboration and co-operation from the Client. The Client agrees to:

• Provide timely access to systems, environments, documentation, and stakeholders as required
• Designate a named point of contact with authority to approve decisions and sign off on deliverables
• Promptly review and provide feedback on deliverables within agreed review periods
• Notify Evangelist Technology of any planned changes to managed environments at least 48 hours in advance
• Maintain valid cloud platform subscriptions and licences required for service delivery
• Ensure all third-party access and permissions required for our work are obtained
• Pay all invoices by the due date as specified in the SOW or MSA
• Ensure that any data provided to us complies with applicable data protection laws

Delays or failures by the Client to meet these responsibilities may impact delivery timelines. Evangelist Technology will not be held liable for delays attributable to Client non-co-operation, and project timelines may be adjusted accordingly.

Pricing

All fees are specified in the relevant SOW, MSA, or purchase order. Prices are quoted in Indian Rupees (INR) or as otherwise agreed, and are exclusive of applicable taxes including GST unless stated otherwise.

Invoicing & Payment

• Professional services are invoiced as per the milestone or payment schedule defined in the SOW
• Managed Services fees are invoiced monthly in advance on the first business day of each month
• Payment is due within 30 days of the invoice date unless otherwise agreed in writing
• Accepted payment methods include bank transfer (NEFT/RTGS/IMPS), UPI, and other methods agreed upon in writing

Late Payment

Invoices not settled by the due date will attract interest at the rate of 1.5% per month on the outstanding balance. Evangelist Technology reserves the right to suspend Services (including managed monitoring) for accounts more than 45 days overdue, with 7 days written notice.

Expenses

Pre-approved out-of-pocket expenses (travel, accommodation, third-party software) will be reimbursed at cost with supporting receipts. Cloud consumption costs incurred on the Client's subscriptions are the Client's responsibility.

Price Revisions

For ongoing managed services, pricing may be revised annually with a minimum of 60 days written notice. Price changes do not apply to fixed-price SOWs already in execution.

Client Data & Assets

All data, systems, configurations, code, and materials provided by or belonging to the Client remain the sole property of the Client. Evangelist Technology acquires no ownership rights over any Client assets. Upon termination, all Client data and access credentials will be returned or securely deleted within 30 days.

Deliverables

Unless otherwise agreed in writing, upon full payment of all outstanding fees, Evangelist Technology assigns to the Client all rights in custom deliverables created specifically for the Client under the relevant SOW. This includes architecture documents, migration plans, custom scripts, and automation code developed exclusively for the engagement.

Evangelist Technology IP

• Pre-existing tools, frameworks, methodologies, templates, accelerators, and know-how remain the exclusive property of Evangelist Technology
• Where pre-existing IP is incorporated into a deliverable, the Client receives a non-exclusive, non-transferable licence to use it solely in connection with the deliverable
• The Evangelist Technology name, logo, and brand materials are protected trademarks and may not be used without prior written consent

Both parties acknowledge that in the course of the engagement they may have access to confidential information of the other party ("Confidential Information"), including but not limited to business strategies, technical architectures, pricing, customer data, financial information, and proprietary processes.

Each party agrees to:

• Keep all Confidential Information strictly confidential and use it solely for the purposes of the engagement
• Disclose Confidential Information only to employees, contractors, and sub-processors who need to know it and are bound by equivalent confidentiality obligations
• Promptly notify the other party of any unauthorised disclosure or suspected breach
• Not reverse-engineer, copy, or reproduce Confidential Information beyond what is necessary for the Services

Confidentiality obligations survive termination of the engagement for a period of 5 years. Exceptions apply to information that is publicly available, independently developed, or required to be disclosed by law or court order.

Both parties agree to comply with all applicable data protection laws, including India's Digital Personal Data Protection Act, 2023 (DPDPA), and where applicable, the EU General Data Protection Regulation (GDPR).

• Evangelist Technology processes Client Data only as a data processor acting on Client instructions
• Client remains the data controller responsible for lawful collection and processing of personal data
• A Data Processing Agreement (DPA) will be executed where required by applicable law
• Evangelist Technology maintains appropriate technical and organisational measures to protect Client Data
• Data breaches affecting Client Data will be notified to the Client within 72 hours of discovery
• Sub-processors engaged by Evangelist Technology will be bound by equivalent data protection obligations

For full details of our data practices, please refer to our Privacy Policy.

To the maximum extent permitted by applicable law, Evangelist Technology's total aggregate liability to the Client arising out of or in connection with any engagement shall not exceed the total fees paid by the Client in the 3 months immediately preceding the event giving rise to the claim.

In no event shall either party be liable for:

• Loss of revenue, profit, business, contracts, or anticipated savings
• Loss of data or corruption of data beyond what is covered under the agreed backup policy
• Indirect, special, incidental, consequential, or punitive damages
• Damages arising from third-party cloud platform outages or service degradation
• Losses resulting from Client's failure to follow recommendations or best practices advised by Evangelist Technology

Each party ("Indemnifying Party") agrees to defend, indemnify, and hold harmless the other party and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from:

Client Indemnifies Evangelist Technology for:

• Client's breach of these Terms or any applicable law
• Client's infringement of any third-party intellectual property rights
• Unlawful processing of personal data by the Client
• Client-directed changes that result in system failures or data loss

Evangelist Technology Indemnifies Client for:

• Evangelist Technology's breach of these Terms or applicable law
• Infringement of third-party intellectual property rights in our deliverables (excluding Client-provided components)
• Gross negligence or wilful misconduct by Evangelist Technology personnel

Project Engagements

Project-based engagements commence on the date specified in the SOW and continue until completion of deliverables or mutual agreement to close, whichever occurs first.

Managed Services

Managed Services agreements have an initial term as specified in the MSA (typically 12 months). After the initial term, the agreement auto-renews on a month-to-month basis unless either party provides 60 days written notice of non-renewal.

Termination for Convenience

Either party may terminate an engagement for convenience by providing 30 days written notice (or as specified in the SOW/MSA). The Client remains liable for all fees incurred up to the effective termination date.

Termination for Cause

• Either party may terminate immediately if the other party materially breaches these Terms and fails to cure the breach within 14 days of written notice
• Evangelist Technology may terminate immediately for non-payment exceeding 45 days
• Either party may terminate immediately upon the other's insolvency, liquidation, or assignment for the benefit of creditors

Effect of Termination

Upon termination, all access credentials and permissions granted to Evangelist Technology will be revoked. Evangelist Technology will provide a transition assistance period of up to 30 days at standard rates upon Client request to facilitate handover. All confidentiality, IP, payment, and liability provisions survive termination.

Evangelist Technology warrants that:

• Services will be performed by qualified professionals with relevant expertise in a workmanlike manner
• Deliverables will materially conform to the specifications agreed in the relevant SOW for a period of 30 days post-delivery
• We hold all necessary licences and certifications required to perform the Services
• Our Services and deliverables will not knowingly infringe any third-party intellectual property rights

Disclaimer

Recommendations made during cloud consulting or Well-Architected Framework reviews are advisory in nature. Implementation decisions remain the responsibility of the Client.

Our services may involve the use of third-party platforms, tools, and services including Microsoft Azure, Microsoft 365, and other cloud products. The following terms apply:

• Third-party services are subject to their own terms of service, and the Client agrees to comply with those terms
• Evangelist Technology is not responsible for the availability, performance, or data practices of third-party platforms
• Cloud platform outages, pricing changes, or feature deprecations by providers such as Microsoft may affect service delivery and will not constitute a breach by Evangelist Technology
• Where Evangelist Technology procures third-party licences on behalf of the Client, the Client accepts the end-user licence agreements of those third-party providers
• Any third-party software costs (e.g. monitoring tools, security products) will be transparently disclosed and approved by the Client before procurement

These Terms and all engagements under them are governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of law provisions.

Escalation Process

• Level 1: Parties will first attempt to resolve disputes informally through designated account managers within 14 days of a written notice of dispute
• Level 2: If unresolved, senior management of both parties will meet (virtually or in person) within 21 days to reach a resolution
• Level 3: If still unresolved after 30 days total, either party may refer the dispute to binding arbitration

Arbitration

Disputes not resolved through escalation will be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (India). The seat and venue of arbitration shall be Noida, Uttar Pradesh. The language of arbitration shall be English. The award shall be final and binding on both parties.

Nothing in this clause prevents either party from seeking urgent injunctive relief from a competent court where necessary to protect its rights.

Evangelist Technology reserves the right to update or modify these Terms at any time. When material changes are made:

• The updated Terms will be posted on our website with a revised "Last Updated" date
• Active clients will be notified via email at least 30 days before changes take effect
• Continued use of our Services after the effective date constitutes acceptance of the revised Terms

These Terms, together with any applicable SOW, MSA, DPA, and our Privacy Policy, constitute the entire agreement between the parties regarding the subject matter herein and supersede all prior agreements, representations, and understandings, whether written or oral. No waiver of any provision shall be effective unless in writing signed by both parties.

All formal notices, requests, and legal communications under these Terms must be made in writing and delivered to:

• Email: legal@evangelisttechnology.com
• Phone: +91-1204098107
• Address: Evangelist Technology Pvt. Ltd., 005, Tower-A, Corporate Park, Plot No 7A/Sector 142, Noida, UP-201305, India

Notices sent by email are deemed received on the next business day following transmission. Notices sent by registered post are deemed received 5 business days after posting.

For general service queries and support, please contact info@evangelisttechnology.com or reach our 24/7 support team through the client portal.