Copyright 2002-2007. © Evolution Design Ltd All rights reserved.
Introduction
This is the official website of Evolution Design Limited, 29 Dundas
St, Edinburgh, EH3 6QQ By using this site(s) you are accepting these
terms and conditions, if you do not wish to accept these terms and conditions
we suggest that you do not use this site. Evolution Design reserves
the right at any time and without notice to amend or alter all content
on this site as it wishes.
Purpose
This free access website(s) is intended to provide free information
about Evolution Design Ltd, its services, latest news and its work for
a number of its clients, and provide contact information for Evolution
Design.
Copyright and Trademarks
All copyright to all graphics, images, logo's, data and html code contained
in this website belongs to Evolution Design Ltd or its clients.
Reproduction, adaptation or modification of all or any part of these
websites are strictly prohibited without the prior written permission
of Evolution Design Ltd or in accordance with the Copyright Designs
and Patents Act 1988. Clients shall be wholly responsible for their
own IP and Trademarks including all trademark searches and registrations
for work created by Evolution for that Client.
Privacy
These websites are designed to be a business to business website and
is not intended for the use of individual consumers or children. Evolution
Design may collect and store personal identifiable information about
the persons or companies who visit this website. This information may
include, but is nor limited to, details such as your name, address,
telephone number, CV, URL, domain name, I.P. address, company name,
job title or email address. Evolution Design may use this information
to contact you or your company about its products and services from
time to time. Evolution Design may also collect and store information
about users who visit this website to improve the website and improve
user interaction based on the information collected. Evolution Design
does not trade, sell, rent or pass on any information about the users
of this website to any third parties for marketing purposes.
You may ask Evolution Design to delete any information about you or
your company and cease any further contact with you at anytime by contacting
Evolution Design by phone, letter or email.
Unauthorised use of this website
(a) Entry to the html code, cgi scripts, images or any other part of
this website is strictly prohibited.
(b) Do not transmit or post any material to this website that is libellous,
obscene, threatening, abusive or hateful.
(c) No unsolicited email (SPAM) may be directed to or through this site.
(d) You are prohibited from attempting to interfere with the site service,
including, overloading, flooding, mailing , bombing, crashing, or hacking
all or part of the site content or deleting or changing any site content.
Warranty disclaimer
This site is offered as published, as is and without warranties of any
kind.
All information and images contained on this website are believed to
be truthful and accurate but nothing on this website shall be considered
a representation by Evolution Design and no reliance should be placed
upon any information contained on the website unless it has been confirmed
in writing by Evolution Design to be correct. Evolution Design is not
responsible for unavailability, interruptions in availability, viruses
or other defects in the site or its contents. In no event shall Evolution
Design be responsible for any damages to users or their computer systems
or otherwise.
Links to external websites Where this website contains a link to another
site this is provided only for the convenience of the user of this website,
Evolution Design do not endorse or confirm any contents of any such
website and accept no responsibility for the contents or the use of
any such website.
Liability
Evolution Design accept no liability for any errors or omissions on
this website and it's liability howsoever arising in relation to the
website shall exclude liability for indirect and consequential loss
including loss of profits, loss of opportunity, loss of systems, loss
of reputation, business interruption, loss of programmes or other data.
Terms & Conditions
Evolution Design Limited. These terms and conditions shall apply to
the agreement between "Evolution Design Limited" and the" Client" applying
for the provision of goods and services by Evolution Design Ltd.
These terms and conditions together with any documents expressly referred
to in them, contain the entire Agreement between us relating to the
subject matter covered and supersede any previous Agreements, arrangements,
undertakings or proposals, written or oral: between us in relation to
such matters. No oral explanation or oral information given by any party
shall alter the interpretation of these terms and conditions.
In agreeing to these terms and conditions, you have not relied on any
representation other than those expressly stated in these terms and
conditions and you agree that you shall have no remedy in respect of
any misrepresentation which has not been made expressly in this Agreement.
Definitions
In this Agreement, the following expressions shall mean:- "Evolution
Design Ltd" - Evolution Design Ltd it's employees, consultants, suppliers
or agents.
"Client" - individual, business, partnership, company or charity obtaining
or proposing to obtain goods or services from Evolution Design Ltd.
"Secrecy agreements where existing shall be legally binding as written
for all staff and parties concerned".
"Intellectual Property Rights" - copyrights, patents, registered and
unregistered design rights, trademarks and service marks and applications
for any of the foregoing, together with all trade secrets, know-how,
rights to confidence and other intellectual and industrial property
rights in all parts of the world.
"Inappropriate Material" - material that under the laws of any jurisdiction
where the material can be accessed is or may be any of the following:-
abusive, defamatory, harmful, libellous, malicious, obscene, pornographic,
profane, threatening, unlawful, infringes any Intellectual Property
Rights, constitutes or encourages a criminal offence or contains a virus,
worm, trojan horse or other harmful code "Relevant Legislation" - such
laws of England and the Client's country as relate to data protection
and any laws of England and the Client's country governing Inappropriate
Material.
"Services" - the services identified to be provided by Evolution Design
Ltd to the Client on any letter of confirmation, quotation or other
correspondence from Evolution Design Ltd to the Client.
Domain name registrations and transfer
out
The registration and use of the client's domain name is subject to the
terms and conditions of use applied by the relevant naming authority.
Evolution Design Ltd will not be liable to any claim in respect of refusal
to register a domain name.
We accept no liability in respect of the use by you of any domain name;
any dispute between you and any other person must be resolved between
the parties concerned in such dispute. If any such dispute arises, we
shall be entitled, at our discretion to suspend or cancel the hosting
of website with the disputed domain name. We shall also be entitled
to make representations to the relevant naming authority but will not
be obliged to take any part in any such dispute.
Should the client request transfer out of any domain name from Evolution
Design Ltd's control, and then an administration fee or charge may be
levied by our suppliers. No guarantee, warranty or liability can be
given or accepted in respect of timescale or accuracy as this is reliant
on third party involvement.
Payment and Services
Evolution Design Ltd will carry out work for clients in accordance to
their instructions, as agreed between Evolution Design Ltd and the client.
A deposit of 25% of the agreed initial project cost is normally required
with a letter or email communicating an authority to proceed from the
client. Evolution Design Ltd will invoice the client on completion of
the agreed work, or in stages of completion for projects lasting more
than 28 days. The client then has a period of up to 7 working days to
advise us of any nonconformity in any work.
Evolution Design Ltd will carry out, free of charge, minor modifications
as suggested by clients, subject to the condition that the changes suggested
by the client are not unreasonable and do not involve substantial deviation
from the original contract between Evolution Design Ltd and the client
and that the work has not already been proofed or printed. Any changes
past that point may incur third party costs as well as further artwork
charges.
While we endeavour to meet every deadline and do so in most case, non-delivery
or non-performance of services by any third party shall not give the
Client any right to delay any payment to Evolution Design Ltd or to
make any claim whatsoever against Evolution Design Ltd.
Any additional services requested, at any time, will be charged at the
current standard rates.
The Client agrees to make payment for the Services by payment of invoice
within 28 days of the invoice date, unless agreed in writing. All payments
shall be made by cheque or BACS. Payment is not accepted by credit or
debit card. If payment is not made on the due date Evolution Design
Ltd shall be entitled without limiting any other rights it may have,
to charge interest on the outstanding amount (both before and after
any judgment) at the rate of 5% above the Bank of England base rate
from the due date until the outstanding amount is paid.
Indemnity
The Client hereby agrees fully to indemnify and keep indemnified and
hold harmless Evolution Design Ltd, its employees and agents from and
against any and all claims, costs, damages, losses or liability (whether
civil or criminal) and expenses (including, but not limited to, legal
fees) sustained or incurred by Evolution Design Ltd or any of its employees
and agents directly or indirectly and any claim brought against us by
a third party resulting from the provision of Services by us to you
and or your use of the Services and the Server and in any jurisdiction
as a result of:-
i) the provision by Evolution Design Ltd to the Client of any Service,
or
ii) any breach by the Client of any of its warranties contained in this
Agreement; o
iii) any content material or required mode of operation supplied or
specified by the Client for any Service; or
iv) any breach by the Client of any of its obligations in this Agreement.
The Client undertakes that it will not transmit Inappropriate Material,
infringe the Intellectual Property Rights of any third party.
The Client acknowledges that it is responsible for complying with any
Relevant Legislation.
Where products or services supplied by Evolution Design Ltd to a client
are supplied to Evolution Design Ltd by third parties, the client agrees
to be bound by any terms and conditions of that supplier and any licence
agreements and fully indemnifies Evolution Design Ltd in every respect.
Force Majeure
Evolution Design Ltd shall bear no liability for loss, damage or delay
howsoever arising caused by circumstances outside its control.
Warranty
Evolution Design Ltd relies on third party suppliers to provide uninterrupted
Services and to the extent Services are reliant on third parties products
and services, therefore Evolution Design Ltd makes no warranties or
representations that any Service will be uninterrupted or error-free,
due to the nature of the services being provided by means of computer
and telecommunication systems.
If a problem occurs subsequent to launch due to the malfunction of any
web page, form, script, or other component, or due to the failure or
cessation of the web server or service on which the pages are stored,
Evolution Design Ltd will make every reasonable endeavour to correct
the problem. If the failure cannot be corrected within 2 hours of labour,
the client will be liable to pay for any extra time/labour or other
resource needed to correct the site. If the failure is due to our hosting
companies failure then with the clients agreement we will try to arrange
re-hosting of the web to an alternative web server but the client will
need to bear the full cost of this at our prevailing hourly rate and
the full cost of problems with the domain name and full cost of the
new web hosting business to host the site for the client.
As the original domain name purchase and web hosting facility was arranged
through a third party without any recourse to Evolution Design Ltd on
behalf of the client then Evolution Design Ltd its employees consultants
and agents in no event will be liable to the Client for any direct or
indirect or consequential loss or damage whatever (for example but not
limited to loss of business, loss of opportunity, loss of profits).
No refund by Evolution Design Ltd will therefore be due to the Client
for any unused portion at the time the third parties services gave problems
or ceased.
In no event will Evolution Design Ltd be liable to the Client for any
indirect or consequential loss or damage whatever (for example but not
limited to loss of business, loss of opportunity, loss of profits)
Website Design and Web Hosting
The Client acknowledges and accepts that it bears sole responsibility,
legal and otherwise for the content of all material appearing on the
Clients website designed or hosted by Evolution Design Ltd, or third
parties.
We make no representation and give no warranty as to the accuracy or
quality of information received by any person via the Server and we
shall have no liability for any loss or damage to any data stored on
the Server; Clients shall effect and maintain adequate insurance cover
in respect of any loss or damage to data stored on the Server;
Clients represent, undertake and warrant to us that you will use the
Web Site allocated to you only for lawful purposes. In particular, you
represent, warrant and undertake to us that;
Clients will not use the Server in any manner which infringes any law
or regulation or which infringes the rights of any third party, nor
will you authorise or permit any other person to do so;
You will not post, link to or transmit
(a) any material which is inappropriate or unlawful, threatening, abusive,
malicious, defamatory, obscene, pornographic, blasphemous, profane or
otherwise objectionable in any way;
(b) any material containing a virus or other hostile computer program;
(c) any material which constitutes, or encourages the commission of,
a criminal offence or which infringes any patent, trade mark, design
right, copyright or any other intellectual property right or similar
rights of any person which may subsist under the laws of any jurisdiction;
Clients shall keep secure any identification, password and other confidential
information relating to your account and shall notify us immediately
of any known or suspected unauthorised use of your account or breach
of security, including loss, theft or unauthorised disclosure of your
password or other security information;
Clients shall procure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and a secure manner;
Limitation of Liability
In no event shall we be liable to the client for any loss of business,
contracts, profits or anticipated savings or any other indirect or consequential
or economic loss whatsoever.
Cancellation or Termination
Termination of this agreement can be effected as follows:-
a) Either party may terminate this agreement by giving one month's notice
subject to condition (b).
b) Evolution Design Ltd may terminate this agreement at anytime by giving
7 days written notice to the Customer if the Customer commits any breach
of this agreement including but not limited to non-payment of any amount
on the due date.
Following the termination of this agreement the copyright and ownership
of the Services will remain that of the Evolution Design Ltd until the
Customer has fulfilled the contractual agreement.
No refund of any payments made by the Customer will be made by Evolution
Design Ltd where termination takes place.
If this agreement is terminated by either party within the period stated
in condition (b) then the full amount outstanding will become payable
by the Customer to the Evolution Design Ltd forthwith.
General
Evolution Design Ltd reserve the right at anytime without notice to
remove any Client from its services, web hosts, for breach of Inappropriate
Material, or for linking to Inappropriate Material
The Client is deemed to have accepted and agreed to these Terms and
Conditions by notifying Evolution Design Ltd of their intention to commence/continue
with the services provided by Evolution Design Ltd, or by paying or
continuing to pay any order, invoice or regular payment.
Notices
Any notice to be given by either party to the other may be sent by either
e-mail or by post to the address of the other party or such other address
as such party may from time to time have communicated to the other in
writing.
If the notice is sent by email, it will be assumed to be received on
the day, or if sent by fax shall be deemed to be served on receipt of
an error free transmission report. If post mailing was used, it shall
be deemed to be served three days following the date of posting
Law
Scottish Law shall govern this Agreement and the parties submit to the
exclusive jurisdiction of the Scottish courts.
Headings
Headings are included in this Agreement for convenience only and shall
not affect the construction or interpretation of this Agreement.
End.
t 0131 556 8562
