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Terms & Conditions

 

The following terms and conditions apply to all web site design, graphic design (including logo design) services offered by us.

By ordering services from Evolution 2 Enterprises you are agreeing to the following terms and conditions.

"We", "Us" and "Our" refers to Evolution 2 Enterprises.

"Clients",  "You" and “Customer” refers to Evolution 2 Enterprise’s clients for website, design or any other related services.

 

  1. Offensive Material. We reserve the right to refuse to construct a web site which we may judge as unfit due to content or otherwise offensive. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons or entities belonging to any ethnic group, religion or sexual orientation or otherwise discrimatory material and/or sites which infringe copyright or are contrary to Australian laws.

  2. Upfront Payments. No payment is required upfront for our web design work. We create multiple mock up "test designs" of a proposed web page. If you are not happy with these designs you can walk away without paying anything. If this is the case you will not be permitted to use any of the images, logos or design elements created by us during this stage.

  3. Schedule. Evolution 2 Enterprises cannot always guarantee to start work on web design projects immediately. If this is the case it will be discussed with the client before any work is started. All reasonable efforts will be made to work to client time scales. However certain business developments and decisions as well as unforeseen additional development requirements might result in a delay of the delivery of the web design.

  4. Copyright. All material, both text and images, supplied by the client and used in the construction of the client's web site by Evolution 2 Enterprises will remain the client's property. The customer grants Evolution 2 Enterprises the rights to publish and use such material in the scope of the agreed project. The customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The customer is further responsible for granting us permission and rights for use of the same and agrees to indemnify and hold harmless Evolution 2 Enterprises from any and all claims resulting from the customer's negligence or inability to obtain proper copyright permissions. A contract for web site design and/or placement shall be regarded as a guarantee by the customer to Evolution 2 Enterprises that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. Where a graphic logo or image is created by Evolution 2 Enterprises that the customer accepts and uses in promotional activity, a one-off design fee is applicable. Upon receipt of payment, the ownership and copyright of such graphic logo is transferred to the client. Evolution 2 Enterprises reserves the right to use logo designs in our promotional activity.

  5. Copyright. The copyright for all material provided by Evolution 2 Enterprises, such as HTML code, graphics, photographs and text, will remain the property of Evolution 2 Enterprises until such time as payment has been made in full whereupon they will become the property of the client.

  6. Browser Compatibility Evolution 2 Enterprises will make every effort to design pages which display acceptably in the most popular current browsers, but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been designed. Also certain devices (i.e. mobile phones, pda’s, pocket computers) and operating systems might not display the site correctly. If this is the case we will gladly modify pages to work on newer browsers for an additional fee. At Evolution 2 Enterprises we design our website with W3C web standards in mind.

  7. Search Engines. We submit your website to several major search engines as part of the web design commission. Evolution 2 Enterprises cannot guarantee a certain placement in a search engine listings but we will do all we can to aid the search engine ranking of our web site by optimizing the web pages to the full extent. Evolution 2 Enterprises can accept no responsibility or liability if any search engine, online directory or search site, submitted to as part of a web site promotion commission, chooses not to list a client's web site.

  8. Publishing. Evolution 2 Enterprises will initially place the client's website on one of our servers during in order that the client may view and comment upon the website's progress. When both Evolution 2 Enterprises and the client agree that the website meets the criteria agreed during the commissioning process, Evolution 2 Enterprises will invoice the client for the full amount due for the commission. On receipt of payment, Evolution 2 Enterprises will publish the website on the agreed server.

  9. Customer Material. During the project, Evolution 2 Enterprises may require the customer to provide images, text and other material deemed necessary to complete the web design. If content is not provided within four (4) weeks of an official request by email then Evolution 2 Enterprises reserves the right to advise the customer 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 customer is considered to be in default of the commission, the project will be terminated and the customer sent the final invoice for immediate payment. Evolution 2 Enterprises will agree, at our discretion, to recommence the commission after agreement is reached on a new quotation document and once the original fees have been paid.

  10. Project termination. Termination of services before the completion of the project by the customer must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored until and unless confirmed in writing. The customer will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

  11. Payments. Payment for services is due by check, cash or bank transfer. Check’s should be made payable to Evolution 2 Enterprises and sent to 23 Jonelle Street, Kingaroy, Queensland 4610, Australia. Bank transfers should be initiated to Evolution 2 Enterprises, Australia and New Zealand Banking Group Limited - Kingaroy Branch - BSB: 014630 - Account-Nr.: 490957648

  12. Defaults. Accounts unpaid thirty (30) days after the date of invoice will be considered in default. Evolution 2 Enterprises is not responsible for any loss of data incurred due to actions triggered by such default. Checks returned for insufficient funds will be assessed a return charge of $25 and the customer's account will immediately be considered to be in default until full payment is received. customers with accounts in default agree to pay Evolution 2 Enterprises reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Evolution 2 Enterprises in enforcing these Terms and Conditions.

  13. Updates. All of our web design commissions come complete with our "free minor update" offer. This "free minor update" offer covers updates to existing text, images and other small changes to be pre-approved. Any other larger updates will be competitively quoted for before hand and carried out as per our terms for standard web design. We cannot guarantee when updates that are done for free will be carried out although we will make every effort that these are done as quickly as possible and usually within 24 - 48 hours.

  14. Pricing Changes. Evolution 2 Enterprises reserves the right to alter prices at any time without notice. If a client has commissioned any services from Evolution 2 Enterprises prior to a change in prices, that commission will NOT be subject to any increase.

  15. Design Credit. A link to Evolution 2 Enterprises will appear in either small type or by a small graphic at the bottom of the customer's web site. If a graphic is used, it will be designed to fit in with the overall site design. This may not be applicable where updating an existing website is the only work undertaken.

  16. Post-Placement Alterations. Evolution 2 Enterprises cannot accept responsibility for any alterations caused by a third party occurring to the customer's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

  17. Domain Names & Hosting Space. Evolution 2 Enterprises may purchase domain names, hosting space and bandwidth on behalf of the customer. Renewal payment of those domain names and hosting expenses are the responsibility of the customer, unless otherwise agreed in a written maintenance contract. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Evolution 2 Enterprises. The customer should keep a record of the due dates for payment to ensure that payment is received in good time.
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