Terms and Conditions

Website Development Terms and Conditions
These terms and conditions are applicable to all Web Development projects that are undertaken by Evolve Digital.

Acceptance
By accepting this quotation you are agreeing to Evolve Digital’s terms and conditions. Alternatively, payment of an advance fee or payment online is an acceptance of our terms and conditions. These terms and conditions are always available on our website for review.

Charges
Charges for services to be provided by Evolve Digital are defined in the project quotation that the Client receives via email. Quotations are valid for a period of 60 days unless alternate timescales have been agreed beforehand with the Client. Evolve Digital reserves the right to alter or decline to provide a quotation after expiry of the valid timescale.
Payment schedules for projects are:

Project ValueInvoices
£0 - £500On completion of project
£501 - £5,99950% invoiced at commencement of project 50% invoiced on sign off
£6,000 - £19,99930% invoiced at commencement of project, 40% invoiced on delivery of test version, 30% invoiced on sign off

Payment schedules for projects over £20,000 will be negotiated on a project by project basis.
For development work being hosted by a third party, we will require payment in full before the site is deployed.

Payment for services is due by cheque or bank transfer. Cheques should be made payable to Kingston Creatives Limited and sent to Unit 18 Kingsmill Business Park, Chapel Mill Road, Kingston Upon Thames, KT1 3GZ.

Client Review
Evolve Digital will provide the Client with an opportunity to review the appearance and content of the Web site during the development cycle (beta stage) and once they are completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Evolve Digital otherwise within ten (10) days of the date the materials are made available to the Client.

Project Schedule and Content Control
In the majority of projects, Evolve Digital will install and publicly post or supply the Client’s Web site by the date specified in the project proposal. If no such date is specified, the timescale shall be within four weeks of the date initial payment is received from the Client, unless a delay is specifically requested by the Client and agreed by Evolve Digital Development Limited. An alternate time scale can be agreed during the initial project discussion.
In return, the Client agrees to delegate a single individual as ‘first-point-of-call’ to aid Evolve Digital with completing the project in a satisfactory and expedient manner.
During the project, Evolve Digital will require the Client to provide copy and images. If content is not provided within four (4) weeks of an official request by email then Evolve Digital reserves the right to advise the Client of a revision to the final payment fee based on new or revised pricing schedules that may be introduced from time to time. If content is not provided within eight (8) weeks from the original email request then the Client is considered to be in default of the project, the project will be terminated and the Client sent the final invoice for immediate payment. Evolve Digital will agree, at its discretion, to recommence the project after agreement is reached on a new quotation document and once the original fees have been paid.

Payment
Invoices will be provided by Evolve Digital upon completion of the work for Web Development and any associated services. Invoices are normally sent via email; however, the Client may elect to receive hard copy invoices. Invoices are due within thirty (14) days of receipt after which a reminder will be sent to the Client. If the invoice has not been settled after forty (40) days then Evolve Digital Development Limited will consider the account to be in default.

Default
If the Client in default has any information or files on Evolve Digital’s web space, Evolve Digital can, at its discretion, remove all such material from its web space. Evolve Digital is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Evolve Digital Development Limited reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Evolve Digital Development Limited in enforcing these Terms and Conditions.

Termination
Termination of the Web Development project by the Client must be requested in writing and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

Legal Restrictions
Terms and Conditions relating to hosting accounts are available upon request.

Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Evolve Digital the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Evolve Digital permission and rights for use of the same and agrees to indemnify and hold harmless Evolve Digital from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website development and/or placement shall be regarded as a guarantee by the Client to Evolve Digital that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Intellectual Property
Evolve Digital maintain the ownership of all intellectual property and code until full payment for the project has been made by the Client.

Media Delivery Requirements
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered via e-mail, CD-Rom, DVD, or FTP) and that all photographs and other graphics will be provided electronically in .gif, .jpeg, .png or .tiff format. The specific requirements will be discussed and agreed with the Client prior to commencement of the project.

Access Requirements
If the Client’s Web site is to be installed on a third-party server, Evolve Digital must be granted temporary read/write access to the Client’s storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

Post Project Alterations
Evolve Digital will make good any bugs arising within the project for 90 days from the delivery of the project to the Client. Evolve Digital cannot accept responsibility for any alterations caused by the Client or a third party occurring to the Client’s pages once built. Such alterations include, but are not limited to additions, modifications or deletions. Evolve Digital may require a one-off Web Development charge before resolving any issues that may arise.

Third Party Services
Evolve Digital may require the usage of third party services – for example, credit card processing – to complete the Client’s project requirements and will ensure these services are integrated into the project and working correctly upon completion. Evolve Digital cannot be held responsible for subsequent changes or issues with these third party services that may result in issues on the Client’s website and may require a one-off Web Development charge before resolving any problems that may arise.

Domain Names
Evolve Digital may purchase domain names on behalf of the Client, in which case they will then be renewed on an annual basis and the Client will be invoiced by Evolve Digital Development Limited. For .com, .org and .net domains, reminder emails will be sent out to the client before the domain expires at thirty (30) and five (5) days before expiration with a final email sent ten (10) days after the expiration date. Domains ending in .co.uk are automatically renewed ten (10) days before expiration. In this case, the Client must notify Evolve Digital Development Limited that they do not wish to keep the domain thirty (30) days before the expiration date. The loss, cancellation or otherwise of the domain brought about by none or late payment is not the responsibility of Evolve Digital. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

Browser Compatibility
All sites will be built to work with IE11 and above as well as all up to date releases of Safari, Chrome, Firefox and Opera unless otherwise specified within the project brief.

General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

Governing Law
This Agreement shall be governed by English Law.

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