terms and conditions

Terms & Conditions

All services offered by Evans Creative are subject to the following Terms, unless otherwise explicitly stated in writing from Chris Evans. Where services are provided for free the same terms and conditions apply as if you were a paying client. 

Acceptance

Any client entering into services with Evans Creative will be deemed to have accepted these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of my services implies that you have read and accepted my terms and conditions.

Fees 

Fees for services to be provided by Evans Creative are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 10 days. Evans Creative reserves the right to alter or decline to provide a quotation after expiry of the 10 days.

Unless agreed prior to providing any services Evans Creative require a 50% (fifty percent) deposit before any web design services to commence, and full payment to be made after the development stages have been completed – PRIOR to the website being made live. ALL advertising & design services are subject to 100% of the fee being made in full prior to any work being completed. Evans Creative also reserve the right for smaller projects or when a special discount has been arranged to require payment in full prior to any work being completed.  

Monthly fees for hosting and or other services will be invoiced on the 25th of each month and are payable in advance. Any invoices remaining unpaid beyond the 5th of the following month could result in loss of services, and any invoices remaining unpaid beyond 30 days will be subject to a £25.00 charge. Evans Creative accept no responsibility for loss of earnings, data and or any other form of loss if services are turned off due to non payment of invoices. Reminders and notice will be given before any services are turned off. 

Accounts unpaid 30 days (thirty days)  after the date of invoice will be considered in default. If the Client in default maintains any information or files on Evans Creative systems, Evans Creative will, at its discretion, remove all such material from its systems. Evans Creative 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. Clients with accounts in default agree to pay Evans Creative reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Evans Creative in enforcing these Terms and Conditions.

Evans Creative reserves the right to amend fees where applicable, we aim to give at least 30 days notice prior to any fee changes but may need to reduce this in circumstances beyond reasonable control. All Evans Creative fees are subject to quarterly review. All prices quoted on website are an invitation to treat only, and where applicable are “from” prices based on a series of basic assumptions about services needed. 

Web Design Services

Evans Creative will aim to provide visual progress of the website as it is being designed, if this is not possible all clients will have access to a visual design prior to any website going live. Once you have agreed the design, and the website is live the design will be deemed to be signed off, and further changes will be chargeable at a rate agreed in advance, unless you have taken a package out with Evans Creative which includes changes ongoing. 

If the website being purchased is not to be hosted with Evans Creative, I will provide the required files to load this onto your own servers, once these have been provided Evans Creative accept no responsibility for damage, loss of data or loss of design due to any third party involvement. A back up of the file will be held for a maximum of 14 days beyond the file being provided to the client. 

A link to Evans Creative will appear in either small text link.  If a client requests that the design credit be removed, a nominal fee of 15% of the total development charges will be applied. When total development charges are less than £500, a fixed fee of £75 will be applied. The Client also agrees that the website developed for the Client may be presented in Evans Creative portfolio page or materials or used in examples of work such as case studies etc.

Evans Creative makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Evans Creative cannot guarantee correct functionality with all browser software across different operating systems including mobile devices. 

Evans Creative cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Evans Creative reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software, unless a ongoing maintenance package is purchased. 

Client agrees to reimburse Evans Creative for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc that was not outlined in the original design brief. 

Timelines for websites will be outlined in the proposal email, and once confirmation of hire has been agreed. Please remember I am a freelancer and as such will be the only person working on your website unless an outside agency has involvement on a prior agreement. As such I have a time limit of 2 months from the time of hire that if all details needed to finalise your project have not been provided such as and not excluding logo, content and or any other requirements to complete the website the project will be deemed complete and payment will be required, even if you deem the project to be not complete. All content must be provided in a format that I am able to access and use. 

The Law & Copyright 

All clients are responsible for ensuring that their site complies with any laws and regulations to which their site is operational in, Evans Creative can offer advice but this advice is only offered as “advice” and a personal view rather than a professional instruction. 

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Evans Creative 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 Evans Creative permission and rights for use of the same and agrees to indemnify and hold harmless Evans Creative from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Evans Creative that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. All clients are provided with a basic Privacy Policy and Software to help comply with GDPR and PCER regulations, but ALL clients are advised to seek their own advice and professional services in regards to this, any software or documents provided by Evans Creative are only intended to be as an advisement rather than a legally protecting/complying document. This Agreement shall be governed by English Law.

Domain Names

Evans Creative may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Evans Creative. An invoice will be sent 45 days prior to renewal dates and is payable on receipt to guarantee renewal of domains is made in good time. 

Liability

Evans Creative hereby excludes itself and or agents from all and any liability from:

  • Loss or damage caused by any inaccuracy;
  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
  • Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Evans Creative to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

Rights To Termination/Refusal Of Services 

Evans Creative reserves the right to refuse any service offered to any parties without reason or notice. Evans Creative also reserves the right to terminate any services offered with no notice under circumstances falling on any website we host or any business you are involved with in any capacity is involved with any illegal activities or anything deemed by Evans Creative to be immoral or unethical, this is to protect not only the integrity of Evans Creative but any of our partners and clients. 

Indemnity

All Evans Creative services may be used for lawful purposes only. You agree to indemnify and hold Evans Creative harmless from any claims resulting from your use of our service that damages you or any other party.

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.

Further details can be provided by emailing Chris Evans on chris@evanscreative.co.uk