| ?Definition of our terminology as used within this document:
A 'Project' is any work undertaken or service provided by Evosite Ltd for the client on their request and as described in our confirmation order email to that client.
A 'Client' is a person, persons, business or organisation using any of the services provided by Evosite Ltd.
'The Payment Period' shall be the time allowed by Evosite Ltd for receipt of all monies owed to Evosite Ltd by the client.
'Live Mode' will be from the date the website is available on the clients chosen domain.
'Domain' is the website address as specified by the client.
'Open Source Software' is software made freely available to anyone under the GNU General Public License (GPL).
'Hosting Fees' is a yearly cost to keep a clients website activated online.
'Content' is both text and images that the client requires on the website.
‘Normal Business Hours’ is from 9.00am to 5:30pm Monday to Friday excluding Bank Holidays.
A ' Bug' is where the software or website interface does not perform according to the expectations specified by the clients requirements.
Evosite Ltd’s Terms & Conditions
1. The contract between Evosite Ltd and the Client will be on these conditions to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
2. The works to be carried out shall be as set out in the Evosite Ltd confirmation order email.
3. Evosite Ltd will only commence work on a Project after receipt of 50% deposit of the quoted project fee from the Client. The final 50% payment is to be made on completion of the website. The
website will be switched to Live Mode once the Clients remaining balance is paid in full.
4. The deposit paid to Evosite Ltd covers the cost of design work carried out. It is not possible to refund a deposit once Evosite Ltd have sent the first design to the Client. Evosite Ltd reserve the right to decide whether a refund is applicable if requested by the Client for any reason. A refund is not guaranteed by Evosite Ltd but possible providing Evosite Ltd decide upon this option.
5. Evosite Ltd shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website / idea / business will operate legally within UK law. It is important that the website is not in anyway illegal.
6. Where images used on the website have been purchased by Evosite Ltd on behalf of the Client, these images are strictly for use on the website only. Evosite Ltd are not liable for misuse of these images by the Client or any other person/s copying, altering or distributing the images to individuals or other organisations.
7. Evosite Ltd will host the website if the Client requires us to do so and on receipt of full payment of our Hosting Fees. In doing so we will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the website hosting will be available at all times, especially in the event of a technical failure beyond our control. The hosting provider Evosite Ltd uses to host it’s Clients websites is monitored 24 hours a day by qualified corporate support engineers. If a problem is detected with our Clients websites due to a hosting failure Evosite Ltd will endeavour to respond to any failures and will work with our hosting provider resolve the problem.
8. Evosite Ltd cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that they might claim is a result of a service offered by Evosite Ltd.
9. Where we have been asked to provide search engine optimisation for a Client, we do not guarantee any specific placement or high ranking on search engines.
10. Evosite Ltd will provide the Client with an expected project completion date (live on the internet) if requested. We will endeavour to meet any given deadline but we do not guarantee and are not bound in any way to complete the project by this date.
11. It is the Client’s responsibility to check with Evosite Ltd that open source software is being used or not.
12. We do not charge customers for open source software. If there is a charge for a website using open source software, you are paying for the installation time. Open source software is not owned by Evosite Ltd or our Client.
13. All images displayed on the Client's website will only be used after authorisation by the Client and are the sole responsibility of the client regarding usage and copyright. Should any legal issues or claims arise from the Content or copyright of any images supplied by the Client OR Evosite Ltd , they will be the sole responsibility of the Client.
14. Domain names will be registered by Evosite Ltd and also registered to the Evosite Ltd current address. Although the Domain names are registered to Evosite Ltd , the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Evosite Ltd will do this within reasonable time.
15. It is the responsibility of the Client to renew their Domain names when due. If a Domain name expires, Evosite Ltd cannot be held liable for this. However, Evosite Ltd will make reasonable effort to contact the Client regarding domain renewal.
16. When a Client renews "hosting" with Evosite Ltd, this also includes Domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the hosting package. If the Client does not renew the hosting, their Domain name could be made available to the public for purchase and Evosite Ltd cannot be held liable for this.
17. Renewal of "hosting" is due on a yearly basis. The date of renewal will be annually from the date the website was ordered by the Client. The "hosting" will not be renewed if we cannot contact the
customer or the customer requests for us to not host this site. This will also affect the Domain as per item 16.
18. The hosting renewal charge must be received within 30 days of the hosting expiry date. We reserve the right to deactivate any website where the hosting has expired and the client has not paid the renewal charge. There will be an admin fee set by Evosite Ltd for reactivating the website / hosting.
19. If the Client does not use Evosite Ltd hosting services then the management and hosting of the domain name are the full responsibility of the Client.
20. Evosite Ltd has no control of, or responsibility for, the Content of our Client's web sites. In no way does the textual or image based Content of our Client's web sites constitute Evosite Ltd endorsement, or approval of the web site or the material contained within the web site. Evosite Ltd has not verified any of the materials, images or information contained within our Client's web sites and is not responsible for the Content or performance of these sites or for the client's transactions with them. Evosite Ltd provides links or references to our Client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but we do not guarantee or warrant that such links will point to the intended Client site at all times.
21. The Client is expected to test fully any application or programming relating to a website developed by Evosite Ltd before being made live for use. Where Bugs, errors or other issues are found after the site is live, Evosite Ltd will endeavor to correct these issues to meet the standards of function outlined in the brief free of charge for the first 12 month.
22. Evosite Ltd are not liable for loss, damage or corruption to files or information stored on our servers or individual PC's relating to a client's website. The Client is solely responsible for any information or files relating to their website.
23. If a Domain name is purchased by the Client through a company other than Evosite Ltd, the Client has full responsibility in making sure that the Domain name is renewed when due. Evosite Ltd will not renew the domain name when annual hosting renewal is due if the domain name is purchased through a company other than Evosite Ltd. |
