“The Website” refers to the Evalu8 Online website. This means the website that is publicly available via the internet and contains information relating to the services, products, client lists and general marketing material of Governance Best Practice and Evalu8 Ltd. The website also contains a restricted website portal for authorised and licensed User access to Evalu8 Online™
Evalu8 Online™ Resellers and Agents Contract Agreement (Only)
Use of the website and Evalu8 Online™
You must not:
Republish material from the website (including republication on another website);
Sell, rent or sub-licence material from the website;
Show any material from the website in public;
You must not use the website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
Access to certain areas of the website, including the product Evalu8 Online™, is restricted. Evalu8 Ltd reserves the right to restrict access to other areas of the website, or indeed the whole website, at our discretion.
Evalu8 Ltd may disable your User ID and Password at our sole discretion without notice or explanation if we determine, acting reasonably, that you are in breach of these terms and conditions.
User generated content
An exception to 6.1 will be where all “Appraisals” generated by the User under licence will be the property of Evalu8 Ltd. Appraisals are defined as a series of questions produced by the User under specific headings or categories relevant to your organisations business activity, generic or otherwise, that ultimately form an appraisal/questionnaire/survey.
Your User content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any User content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
To the maximum extent permitted by applicable law Evalu8 Ltd exclude all representations, warranties and conditions relating to the website (other than the representation given in (2) above that Evalu8 Ltd are entitled to licence you to use the Evalu8 online application and the website) and the use of the website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Limitations of liability
to the extent that the website and the information and services on the website are provided free-of-charge, Evalu8 Ltd will not be liable for any loss or damage of any nature;
Evalu8 Ltd will not be liable for any consequential, indirect or special loss or damage;
Evalu8 Ltd will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
Evalu8 Ltd will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
The maximum liability to Evalu8 Ltd in relation to any event or series of related events will be limited to £1,000,000
Exclusion of third party rights
Law and jurisdiction
The full name of our company is Evalu8 Limited trading as Governance Best Practice and Evalu8 Online™
Evalu8 Ltd is registered in England & Wales under registration number 5040918
Downtime does not include (i) problems caused by factors outside of our reasonable control,
(ii) problems resulting from any actions or inactions by you or any third party, (iii) problems
resulting from your equipment and/or third party equipment not within our sole control, or (iv)
network unavailability during scheduled maintenance of our network and/or web servers.
In any calendar year, we guarantee that Downtime will not exceed two periods of Downtime excluding, however, regularly scheduled maintenance. Any regularly scheduled maintenance will be performed during the hours of 12:00 am to 04:00 am Greenwich Mean Time.
If Downtime exceeds these periods in any calendar year, we will, upon your written request, credit your account in an amount equal to the value of the annual contract (ex VAT) divided by 12 up to a maximum of 100% of the contract value.
Evalu8 Ltd shall ensure that Availability of the System in any month is not less than 99.75%.
Availability for a month shall be calculated following the end of that month using the formula:
“Availability” = (OH - D) x 100
OH = Total Operating Hours of the System during the month, where “Operating Hours” are
00.00 am to 23.59 pm
D = Total Downtime during Operating Hours during the month, where “Downtime” means non-
availability of one or more of the primary functions of the System but excludes any agreed
downtime and emergency or scheduled maintenance. This only includes downtime of the
network, hardware, virtualization and base operating system components.
For example: -During one particular month e.g. July there are a total of 744 Operating
Hours; if during that month there is Downtime of 2 hours then Availability shall be calculated
(744 – 2) x 100 = 99.731182%
Therefore Availability = 99.73%.
Service Level Timescales
In event of a server hardware failure that cannot be fixed, Evalu8 Ltd guarantees that the
hardware will be replaced within one hour of the problem being diagnosed. Hardware is
defined as the processor(s), RAM, hard disk(s), motherboard, NIC card and other related
hardware included with the server. This guarantee excludes the time required to rebuild a RAID
array, SANs and the reload of certain operating systems, processors and applications. Evalu8
Ltd will replace any failed component at no cost to the client.
On May 25 th 2018 new regulations come into being regarding the treatment of data. Evalu8 Limited hold
personal data in the form of names and email addresses; this is necessary for the service to function and
the data is provided by the client and stored in the evalu8 online system with their permission. The data
is stored in a secure server environment provided by UKFast in the UK.
The lawful bases for this activity is Contract, Consent and Legitimate Interests.
Contract: The client has requested the supply of evalu8 online for the purposes specified by the client.
Consent: The client has given clear consent for Evalu8 Limited to use individuals’ names and email
addresses as provided by the client for the specific purpose of carrying out board, committee, individual
director and stakeholder surveys using the evalu8 online system.
Legitimate interests: Without names and email addresses it would not be possible to carry out an on-line
appraisal/survey. This data is necessary to carry out the task.
In line with the principles of handling personal data under GDPR, Evalu8 Limited undertakes that data will be:
Processed lawfully, fairly and in a transparent manner
Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes
Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed
Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that
personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay
Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed
Processed in a manner that ensures appropriate security of the personal data, including protection against
unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures
Evalu8 places great importance on data security and data protection. Protecting personal rights is integral
to our corporate culture and built into our services and products. We respect the safety of your personal
data. That is why evalu8 continuously works to improve data security measures to protect you and your
This data protection statement explains what type of information we record when you use the use evalu8
system, and how we use it.
Collection and use of personal data
Our server temporarily records the following information for system security purposes: the domain name
or IP address of the computer requesting access, the access date, the client's file request (file name and
URL), the HTTP response code and the website you are visiting from, and the number of bytes transferred
over the connection. We may save some information in the form of cookies on your PC. A cookie is a
piece of information that a website can send to your browser and save on your system. Cookies do not
give us access to your PC or your personal data. Please note that standard browser settings allow the use
When using evalu8 as an administrator you will be required to add personal information in the form of
users' names and email addresses. You will also be required to populate appraisals and have access
to potentially confidential data completed by your users. Administrators should follow their own
organisation's guidelines regarding their handling of potentially sensitive information. In particular,
administrators should take care to log out of the evalu8 system when they are away from their desk.
Evalu8 are not responsible for any breach of confidentiality within the organisation.
Personal data collected when visiting evalu8 is only used in accordance with Data Protection Act 1998.
Use and transfer of this personal data
We use your personal data only for the purpose of technical website administration and to meet your
wishes and requirements, and solely for the specified purpose.
Only with your express prior consent in writing do we use the data for product-related surveys or
marketing purposes, and even then only to the extent necessary for the specific instance. This is not
limited to material you may have submitted to the website but includes information held which is directly
or indirectly associated with response to questionnaires. We only disclose data to official agencies if
required by law. Our employees or suppliers are required to maintain strict confidentiality.
Freedom of information
Please send a request in writing to Evalu8 Limited, 180 Piccadilly, London, W1J 9HF if you would like to
know what personal data (e.g. name, address, etc.) we have stored about you.
To protect your personal data saved by us against unauthorised access and misuse, we have
implemented extensive, state-of-the-art technical and organisational measures.