Terms Of Service
We wish to provide the best service possible to our clients
One way is to make clear our understandings with each other.
By signing up for and/or otherwise accessing any of the services or products offered by Evolutronic Web Services Limited, you agree to be bound by the terms of this agreement.
THESE TERMS & CONDITIONS SUPERSEDE ALL EARLIER VERSIONS.
The terms "we", "us" or "our" shall refer to Evolutronic Web Services Limited. The terms "you", "customer", "client" and "your" shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits, except where specifically granted herein.
Please read these terms and conditions carefully, as they describe your legal rights and obligations. This agreement shall become effective as of the date of A, B, C or D, whichever happens first.
- your electronic signature on or acceptance of this agreement
- the activation of your account
- at the point that you pay your deposit or make any payments
- your receipt of an email from us confirming your order
Any of these listed method (A-D above) firmly mean that you have agreed to this "Terms Of Service" and it signifies that you have also read, understand, acknowledge and agree to be bound by our Terms and Conditions, which is incorporated herein by reference.
THIS AGREEMENT, UNLESS OTHERWISE PROVIDED, IS EFFECTIVE AT THE POINT OF YOUR DEPOSIT AND IS AUTOMATICALLY RENEWABLE FOR SUCCESSIVE TERMS. EITHER YOU OR EVOLUTRONIC WEB SERVICES LIMITED MAY TERMINATE THIS AGREEMENT (AND YOUR ACCESS TO YOUR ACCOUNT) AT ANY TIME WITH 30 DAYS NOTICE, OR EVOLUTRONIC WEB SERVICES LIMITED MAY TERMINATE THIS AGREEMENT OR SUSPEND YOUR ACCOUNT WITH NO NOTICE FOR A BREACH OF THIS AGREEMENT. ANY AND ALL OUTSTANDING FEES (INCLUDING WITHOUT LIMITATION THOSE THAT MAY BE OWED UNDER AN EXTENDED TERM PACKAGE) SHALL BE DUE AND PAYABLE UPON TERMINATION. (See Refund Policy)
These are the terms of our agreement together:
The client is engaging Evolutronic Web Services Limited as an independent contractor for the specific project of developing and/or improving a website to be installed on the client's web space in our web hosting servers or another of the client's choosing. The client hereby authorizes Evolutronic Web Services Limited to access this account, and authorizes the web hosting service to provide Evolutronic Web Services Limited with "write permission" for the client's web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes Evolutronic Web Services Limited to publicize their completed website to search engines, as well as other on-line directories and indexes. Evolutronic Web Services Limited includes the following elements in their Standard CMS HOSTED-VERSION Website Packages:
- Professional Email Accounts to build your business identity (example: firstname.lastname@example.org)
- Words of text supplied by the client (approximately 200 words per page, if not supplied via email or storage media.)
- Links to external pages, according to package purchased.
- Photos and other misc. graphic images supplied by client (up to an average of 3 included per page in standard websites) Evolutronic Web Services Limited has graphic images on file that the client may include on their web site at no additional cost. If we uses any of our stock photos in the website design process, the ownership of the images does not transfer to the client. The client will only own images they send to us and will ensure that they do not violate any copyright laws.
- Minor updates and changes will be done according to the invoice paid by client to Evolutronic Web Services Limited. If a feature is not stated in the invoice emailed to the client, then it is NOT included in the work order or final design of website. All Website packages include an administration panel for the customer to be able to maintain their own website changes and updates. Once the client approves the site and it is launched at their domain name, no additional updates will be allowed for free.
- Keyword Optimization & Meta Tag Generation will be set up on all web pages on a one-time basis, if the client submits the key words and description via email or storage media.
- Search Engine Submission of all client website URL to Google, Yahoo/MSN(with Bing) and Yandex at no extra cost.
2a. All Design Services
The content (text and graphics) of the project will be supplied by the client and executed as specified by the client in the "Design Worksheet or Official QUOTE or INVOICE" sent to client by Evolutronic Web Services Limited. The client has chosen and agreed to pay for the plan chosen as noted on the official invoice or quotation sent. A deposit is required before any work begins. Where more design work (beyond the scope of the "official invoice or quotation") is requested, it will be billed at the hourly rate or the client may upgrade to another plan and pay the additional cost associated with the upgrade.
Within the Ecommerce Website Packages, each item is counted by the amount of different prices to be entered within the database. The cost WILL NOT vary as long as the client stays within the perimeters of the original chosen plan. Please note that normal page length, for design purposes, will not exceed 8½ x 11 without additional cost. However, you can add additional design and text to a web page, AFTER we have completed our work. All hosted versions of our Content Management System (CMS) websites are properties of Evolutronic Web Services Limited. Upon ending the terms of the hosted period, clients may reinstate their hosting plan to continue with the hosting services of Evolutronic Web Services Limited.
Please note that we brand all websites with (Website Design by Evolutronic Web Services Ltd.) The branding of the site will remain unless an additional fee of USD$320 is paid. Unauthorized removal or changes made to the colours of our branding so that it is not visible to the public, will result in automatic suspension of your hosting plan, and you will have to pay the fee of USD$320 before the service is restored. In addition, you will not receive any files, email service or use of your domain during the suspension period. Please note that the Website Design Cost (shown on evotechzone.com) will reflect our website design services, in the setting up of the website, and NOT the ownership price nor the transfer of ownership rights of the website, in any part, including source codes or administration panel. (See Website Ownership)
Reasonable Expectations - We strive toward providing services that meet your expectations. However, we do not guarantee expectations will be met if requests are unreasonable or unable to be completed within the scope of the service.
Your Delay - Our completion of the services depends upon your timely feedback and approval in the emails sent to you by Evolutronic Web Services Limited. We are not responsible for additional fees, time, or expenses incurred because of delays caused by your lack of or untimely response, feedback or approval, including your failure to initiate the design process.
Limits On Content - We reserve the right to refuse any direction to create a Design that exploits children, contains pornography or other tasteless images, contains copyrighted or trademarked materials of others or infringes on the intellectual property rights of another, harasses, defames or slanders another, or for any other reason that we, in our sole discretion, decide.
No Obligation To Back-Up - We have the right, but not the obligation, to back up or archive your Design before delivery or in the event of cancellation.
Limitations On Design Services - The following services are not included in any of the initial design plans, but may be purchased separately as Updates:
Integration With Hosting Platform - Custom Websites, Premium Websites and Ecommerce Websites that are designed by us are built on and integrated with our hosting platform, and any attempt to migrate or otherwise transfer any such website to another hosting provider without the permission of Evolutronic Web Services Limited is a violation of this Agreement.
No Endorsement - We do not endorse any of the designs built using the services, and expressly disclaim any and all liability or responsibility regarding the same.
Security Of Hosting Account - You are responsible for keep your account information and passwords secure. You are also solely responsible for the activity that occurs on your account, whether authorized by you or not. We expressly disclaim any responsibility or liability for any unauthorized use of or access to your account.
3. Maintenance and Hourly Rate
This agreement includes minor web-page update for customers, of selected packages (static websites with no admin panel), that are hosting with us. It does not include removing nearly all the text from a page and replacing it with new text. Once the client's website has been published to their domain name, any additional design work will incur a cost. However customers may use their FREE maintenance hour(s) towards updating web-pages at no additional cost. The updates will be completed within 24 - 48 hours unless otherwise indicated to the client. All update requests MUST be submitted by email in the exact wording to be added to the website. Images to be replaced MUST be submitted in its final format as a (.png, .gif or .jpg) file. Any changes to text or images on a client website with an administration panel, will incurring additional charges. Customers not hosting with us will not receive any free updates or maintenance. Our Website Maintenance Services will be billed at JMD$2,000/hour for Minor Updates and at JMD$5,000/hour for Major Updates. Given that all customers will have an administration panel to be able to manage their own website, at no additional cost.
4. Changes to Submitted Text
Please send us your final text. You are fully responsible for submitting all the text information for your website. We will not reword any of your text submitted. If you require our service of rewording or originating the text for your website, please notify us.
5a. Completion Date
Evolutronic Web Services Limited and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website within the time frame noted, in your invoice-agreement, from the point of receiving ALL information (complete text and graphic content) and payments for this website project. This project completion date is affected by the date the initial deposit is received, as well as Evolutronic Web Services Limited receipt of complete text and graphic content from the client. The completion date counting will begin after we have received ALL information (complete text and graphic content) and payments for this website project. If the client does not supply us the complete text and graphics content all web pages contracted for within four weeks of the date this contract was signed, the entire amount of the contract becomes due and payable. If the client has not submitted complete text and graphics content within six weeks after signing of this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is published. If the client has not supplied needed information within 6 months after the initial deposit, for the completion of the website, Evolutronic Web Services Limited reserves the right to cancel the account and permanently delete all website files from the server. The client will not receive a refund of any deposit paid, and would have to enter into a new agreement to build a new website.
We are not responsible for any delays in the website design process, hosting services or email services due to reasons beyond their control such as power outages and internet service interruption issues. Since Evolutronic Web Services Limited uses local utility companies for its electricity, internet and phone service, there may be occasions that we may experience service interruptions, from the utility companies, for any given reason. We will not be responsible for delay that occurs due interruption in their services provided by various utility companies and will not issue any refunds due to these delays. The customer will not be entitled to a refund nor speedy service for delays that occur due to reasons beyond the control of Evolutronic Web Services Limited, such as power, telephone or internet interruption issues. In addition, the time period that the client takes to respond to requests by Evolutronic Web Services Limited will not be considered to be a part of the period estimated to complete the website design process, since this is reasons beyond the control of Evolutronic Web Services Limited. The completion date given are estimates and NOT exact dates. However, we will work in a timely manner to try to achieve the estimated completion dates given for not only milestones such as framework, but also for design completion dates. Evolutronic Web Services Limited will not be responsible nor issue any refund if the completion day lengths due to reasons beyond our control.
5b. Your Obligations
Reasonable Requests. You agree that all requests will be reasonable in nature and within the scope of the Services purchased.
Obligation to Maintain Subscription. All Services, including any free products or services included in your plan, must be associated with a specific website (Custom, Premium or Ecommerce) at the time of purchase and are not transferable to other accounts or websites thereafter. Provision of all Services, including any free products or services included in your plan, is dependent upon your active subscription to the Services. Failure to maintain your account in good standing will result in termination of any outstanding or pending Services, including any free products or services included in your plan, without refund or credit. Recurring billing for your service plan will begin on the first day of the month.
Provision and Timing of Design Services. After your initial purchase of a website (Custom, Premium or Ecommerce) design plan, you will be required to: (i) complete an interview form, and (ii) submit your content via storage media or email. Upon completion of the interview form, we will create an optional "Coming Soon" page for your website, which is available on all plans. Upon receipt of all of your content, we will begin building your website (Custom, Premium or Ecommerce).
Submission of Content. You are responsible for submitting all text, images, and other content for your design. All provided content should be copies and not the originals. You agree to respond to any request for content, feedback or approval within ten (10) days. All content MUST be submitted electronically and we will not return any materials you provide. Arrangements may be made for the delivery of files that are too large to be transmitted electronically, but additional fees may apply and the quoted completion date may be extended. We may in our sole discretion, require you to re-submit images if we determine that the images are not of high enough quality. We will not begin work on your Design until all requested materials and assurances of rights have been received from you. It is your responsibility to maintain independent back-up copies of any materials you submit. We expressly disclaim any liability or responsibility for any loss, damage or destruction of any content or materials you submit.
Automatic Publication. Within ten (10) days of receiving notice that your website (Custom, Premium or Ecommerce) is ready for review, you must either (i) provide us with your revisions, or (ii) notify us that you have no revisions. If you fail to take either such action within ten (10) days, your website (Custom, Premium or Ecommerce) will be published on your behalf without further review and you will be billed for the final balance due. Any time after publication, you may elect to unpublish your site by changing to the "Coming Soon" page option.
Completion of Service. Publication of your design is acknowledgement of your satisfaction with the Services provided to date and releases us from any obligation for further revisions or alterations. Update Management services are available at an additional cost, upon request. You also acknowledge and agree that once your design is published, you will not be entitled to any credits or refunds for any reason including, but not limited to, dissatisfaction with your design.
Cancellation Policy. Failure to complete the interview form or submit content for your initial design within six (6) months of purchasing your plan may result in the cancellation of your Service. Failure to provide any other requested content, feedback or approval within thirty (30) days of our request also may result in cancellation of your Service. If we have commenced work on your Design (which means any commencement of the creative process), you may be eligible for a refund of the fees associated with the remaining time on your plan, but you will be charged for the work completed to date, plus a cancellation fee. (See Refund Policy)
6a. Terms Of Payment
Fees can be paid either (i) at our office address, (ii) to our bank account #304956119 at NCB Jamaica Ltd or (iii) on our website evotechzone.com. We accept cash, cheques, debit/credit cards via POS Machine at our office and all major credit cards including eChecks via PayPal. ALL CHEQUE PAYMENTS MUST BE MADE OUT TO Evolutronic Web Services Limited.
All Web & Graphic Design Fees are due and payable on the following schedule: 50% upon signing this contract and 50% when the project has been constructed and proofed according to the client's original written specifications unless other arrangements have been agreed upon. In some cases, 70% is required as a down payment with the balance due upon completion. The website will be published on the World Wide Web once all outstanding fees are paid. Once a deposit on website design services has been received by us, either online or manually through authorized payment locations, this is confirmation that the client agrees with the Terms Of Services on evotechzone.com.
All recurring fees (Web Marketing, Hosting, and Domain Renewal) MUST be prepaid (minimum one month in advance) based on the client's chosen plan. Customers that exceed or exhaust their hosting plan resource in either disk space or bandwidth, will be charged an additional fees of JMD$2,000 per 100GB overage or will have to upgrade their hosting plan. Fees MUST be paid before the next renewal period in order to prevent late charges and/or suspension of Services. Once a payment for hosting fees or domain renewal fees have been received by us, either online or manually through authorized payment locations, this is confirmation that the client agrees with the Terms Of Services on evotechzone.com.
The Web Marketing, Hosting and Domain Renewal Fees are due in advance of the provision of services. Once we have started work on your ads (which means any commencement of the creative process), all web marketing fee is non-refundable . The pre-paid hosting charges are non-refundable since that area of our server has been reserved for the client for that period. After approval of framework or final site design, all payment made are non-refundable. All domain registration fee is non-refundable. Web Marketing, hosting and domain registration prices are subject to change at the end of your pre-paid period with notice.
Renewed web marketing period, renewed hosting period, renewed domain registration period and additional design request made by the client to Evolutronic Web Services Limited, will be subject to this agreement.
6b. Late Fees & Penalties
In order for Evolutronic Web Services Limited to remain in business, payments must be made promptly. We reserve the right to remove web pages from viewing on the Internet until final payment (including late charges) is made.
A restoration fee of JMD$3,000 is required to be paid for websites that have been suspended from public viewing, due to non-payment in order to restore the account to an active status. The full amount due including late charges and restoration fees MUST BE PAID IN FULL before your account is removed from suspension.
Any statement from the client that suggest payment will not be made in the future, then Evolutronic Web Services Limited reserves the right to suspend the website at any given time past the actual due date.
If an account remains delinquent 30 days after its suspension date, an additional fee of JMD$3,000 will be added to the balance and a penalty (15% of the balance) will be added for each month of delinquency and the website will remain suspended from public viewing until all fees have been paid.
6c. Failure To Pay
Evolutronic Web Services Limited may temporarily deny service or terminate this Agreement upon the client's failure to pay charges when due. Such termination or denial will not relieve the client of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
If the customer's website is suspended for over 6 months, then we have the right to utilize the website for showcase purposes and all data, text, images will become the property of Evolutronic Web Services Limited unless arrangements are made for the customer to re-enter a new hosting agreement with us. In addition, if a client does not renew their domain prior to its expiration, and we decides to renew the domain at their cost, then the domain will become property of Evolutronic Web Services Limited. This ownership of the domain can be reverted back to the client, if the client pays all outstanding balance and re-enters into another hosting plan with us.
In the event, we determine that the services of a collection agency is necessary or appropriate to collect amounts due under this paragraph, which determination shall be made in our sole and unfettered discretion. Any and all collection agency fees and other costs of collection shall be added to the amounts due under this provision.
You shall pay all costs of collection, including reasonable attorney's fees and costs, in the event any invoice requires collection efforts. All accounts referred to a collection agency shall be subject to an additional fee of JMD$3,000, which must be paid in full before your account is reactivated.
6d. Refund Policy
If the client halts work and applies by email for a refund within 30 days from either (i) the point that you paid your deposit/payment to Evolutronic Web Services Limited or (i) your receipt of an e-mail from evotechzone.com confirming your order, whichever happens first. Any work completed shall be billed at the hourly rate of $3,500 JMD and deducted from the refundable portion of the payment. The balance of which shall be returned to the client, if any, after appropriate charges are assessed, including a cancellation fee.
The cancellation fees for Website Design Plans are listed below at the following rates:
If, at the time of the request for refund, work has been completed (which means any commencement of the creative process) beyond the amount covered by the initial deposit/payment, the client shall be liable to pay for all work completed at the hourly rate of $3,500 JMD. No portion of the initial 50% deposit will be refunded unless Evolutronic Web Services Limited has not begun working on the design (which includes any commencement of the creative process). No portion of any payments for design services will be refunded unless a written request is made within 30 days of making a deposit/payment to us.
This possibility of a refund, after written request, ONLY applies if we have not begun any work on the project ordered. Written request made after the first 30 days will NOT result in any refunds. A written request will NOT be considered to be received, until we sends an email notification that states your cancellation request was received. There will be NO EXCEPTION to this rule. NO REFUND will be allowed after the final design has been published, approved or paid in full.
All approved refunds are REQUIRED to be processed as follows:
- PayPal Refunds will be processed back to the same account that was used when the initial order was placed. Please allow 7-14 business days for the refund to your account to be completed, this time will be dependent upon PayPal. We will, however, submit the approved refund request within 48 hours.
- Credit/Debit Card Refunds will be processed back to the same card that was used when the initial order was placed. Please allow 7-14 business days for the refund to your card to be completed, this time will be dependent upon the credit/debit card company. We will, however, submit the approved refund request within 48 hours.
- For all other types of approved refunds, where the customer made the payment via (cash, cheque, manual or online bank deposits) the customer MUST submit their bank account information via email. The approved refund will be deposited by us in to the customer's bank account within 48 business hours. The bank account must bear the customer's name BEFORE the refund can be processed. Once we deposits the approved refund in the customer's bank account, a scanned copy of the receipt will be emailed to the customer to confirm the refund.
- Option for approved refund by cash is allowed if the customer made the initial payment via (cash, cheque, manual or online bank deposits). There is a fee for this option of $1,500 JMD. This fee is for the cost of utilizing a Courier Service for delivery. If the customer desires this option they MUST submit their mailing address via email. The fee of $1,500 JMD will be deducted from the approved refund. This option will require 3-5 business days to be fully processed. The customer is required to sign the delivery receipt for this service, and present a valid ID to verify delivery.
No refund on hosting fees collected. No refund on Domain Registration Fee. No refund on Design Updates or Website Maintenance Services. This includes all design and coding services done AFTER the initial website design has been completed. No refund on Internet Marketing and Graphic Design Services.
No refund on any Service delayed by acts of God, such as hurricane, flood or bad weather, or any other delays known or unknown to Evolutronic Web Services Limited including delays due to reasons beyond our control. If the acts of God causes interruption in internet or power service, no refund will be given due to such delays, for any ordered service for which a deposit or payment has been received by Evolutronic Web Services Limited either online or within approved authorized payment centers or local banks.
7. DISCLAIMER OF WARRANTIES
WE HAD TO MAKE THIS CONSPICUOUS BECAUSE OUR LAWYERS SAID SO. THE SERVICES OFFERED BY EVOLUTRONIC WEB SERVICES LIMITED ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF OUR SERVICES IS AT YOUR SOLE RISK. EVOLUTRONIC WEB SERVICES LIMITED DOES NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF OUR SERVICES.
NO WARRANTY IS MADE BY EVOLUTRONIC WEB SERVICES LIMITED REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT, AND WE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, QUALITY, QUANTITY, OR CONTENT OF SERVICES OR GOODS PROVIDED TO YOU HEREUNDER, INCLUDING BUT NOT LIMITED TO YOUR SERVICES AND YOUR WEBSITE; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EVOLUTRONIC WEB SERVICES LIMITED DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH OUR SERVICES WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR OTHER HARMFUL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT NO REPRESENTATIONS OF ANY KIND HAVE BEEN MADE TO YOU REGARDING THE POTENTIAL VOLUME OF PATRONAGE OF YOUR WEBSITE OR ANY OTHER PERSON'S OR ENTITY'S WEBSITE OR WEB PAGE.
8. LIMITED LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT. IN NO CASE SHALL EVOLUTRONIC WEB SERVICES LIMITED, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR OTHERWISE RELATING TO THE OUR SERVICES. SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
IN SUCH COUNTRIES, STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED OR OTHERWISE ACCESSED USING OUR SERVICES, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES.
YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS. THE TOTAL LIABILITY OF EVOLUTRONIC WEB SERVICES LIMITED FOR BREACH OF WARRANTY ARISING OUT OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT, OR ANY OTHER CLAIM RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL SERVICE FEES PAID BY YOU TO US IN THE SIX MONTHS PRECEDING SUCH ALLEGED BREACH, BUT IN NO EVENT TO EXCEED $5,000 JAMAICAN DOLLARS.
Evolutronic Web Services Limited does not warrant that the functions contained in the Internet website will meet the client's requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will Evolutronic Web Services Limited be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Evolutronic Web Services Limited has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You may add any content that you desire to your website as long as you do not violate any spamming laws or place any illegal or copyrighted information on your website. Adult Content or links to Adult Content, of any nature, are not permitted on our servers. Violation of these as well as the detail list below will result in automatic suspension of services.
- Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising)
- Infringe Evolutronic Web Services Limited or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy
- Sell counterfeit goods
- Act in a manner that is defamatory, trade libelous, threatening or harassing
- Provide false, inaccurate or misleading information
- You represent and warrant that your domain name does not infringe the copyright, trademark, or any other intellectual property rights of any person or company and that your domain name is otherwise in compliance with the terms of this agreement.
Nothing in this Agreement is intended by the Parties to create or constitute an agency, joint or collaborative venture, or partnership of any kind between Evolutronic Web Services Limited and you, nor shall anything in this Agreement be construed as constituting or creating any such agency, joint or collaborative venture, or partnership between Evolutronic Web Services Limited and you. We shall have no control or ownership interests of any kind in your business. We shall have no direct financial interest pertaining to your use of our Services and/or Equipment. Our relationship to you shall be restricted to matters pertaining to the provision of the our Services as set forth in this agreement.
You confirm that you have unilaterally decided to enter the online and/or website service business and that these are high risk businesses. You further confirm, understand, acknowledge and expressly agree that neither Evolutronic Web Services Limited, any agent or representative of Evolutronic Web Services Limited, nor any other person is currently representing or otherwise directly or indirectly communicating in any manner herein or otherwise, nor has at any time in the past, represented to you or has otherwise directly or indirectly communicated in any manner to you any guarantee, reassurance or any other communication of any kind regarding the potential profitability, marketability, or likelihood of success of your endeavors through the use of the our Services and/or Equipment as set forth herein or otherwise.
You expressly acknowledge and agree that the success of any business endeavors which involve your use, in any manner, of our Services and/or Equipment pursuant to this Agreement, like any other business endeavor, is subject to numerous factors, such as the effectiveness of its advertising and promotion, your administrative capabilities, etc., and that the ultimate success or failure of your business rests with you and not us. You further expressly agree not to raise any claim of any kind against us and to hold us harmless from any claim of financial investment or other loss to you directly or indirectly resulting from your decision to use our Services and/or Equipment pursuant to this agreement.
In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included. The invalidity or unenforceability of any provision(s) of this Agreement shall not affect the validity or enforceability of any other provision.
9c. Non-Enforcement Does Not Constitute Waiver
Failure of Evolutronic Web Services Limited at any time to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder. No waiver of a breach of this Agreement shall be valid unless made in writing and signed by duly authorized representative of Evolutronic Web Services Limited.
9d. Statute Of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
Evolutronic Web Services Limited may provide notice to you via e-mail sent to the e-mail address provided by you upon registration or as subsequently provided by you to Evolutronic Web Services Limited. Such notice is deemed effective whether you receive it or not and shall be deemed written notice for the purposes of this Agreement.
You MUST provide any and ALL notices to Evolutronic Web Services Limited in the following way:
Such notice, statement or other document so delivered to Evolutronic Web Services Limited, except as this Agreement expressly provides otherwise, shall be conclusively deemed to have been given when first personally emailed, on the date of delivery or on the first date of receipt, AND only after we notify you by email that it has been received. Notice by e-mail to Evolutronic Web Services Limited shall be deemed ineffective, null and void unless it has been sent to email@example.com ONLY and you receive a response from us via email that we have received your notification. Any such e-mail notice to Evolutronic Web Services Limited shall be deemed effective as of the date on which Evolutronic Web Services Limited replies via email that we have received the email from you.
You agree and warrant that the contact information you have provided to Evolutronic Web Services Limited is complete and accurate, and you further agree to notify Evolutronic Web Services Limited within fifteen days of a change to any such contact information. Contact information includes your full legal name, e-mail address, and mailing address and the name, mailing address, telephone number, facsimile number, and e-mail address of the technical and administrative contacts for your domain, if any.
10. Website Ownership
Website Copies To The Client. All Website Packages design by Evolutronic Web Services Limited (Unless stated otherwise in the official invoice or quote) MUST have a minimum of consecutive two (2) years hosting on our Hosting Server prior to receiving their website copy zipped and emailed for free. After two (2) years of hosting, only HTML website pages will be given to client and NOT any content management system, cpanel nor editing software within the cpanel such as the html editor. Only one copy will be given to the client upon written request from the client. Additional copies will incur a cost. Client has full ownership of domain name and website once their account is in good standing.
Content Management Systems (CMS). All CMS setup or created by Evolutronic Web Services Limited (Unless stated otherwise in the official invoice or quote) are NOT allowed to be purchased. All CMS and website designs are the sole property of Evolutronic Web Services Limited and/or its affiliates. No editing or alterations or access to our source codes will be allowed. The websites created using our content management systems are built on and integrated with our hosting platform, and any attempt to migrate or otherwise transfer any such website to another hosting provider is a violation of this Agreement.
By submitting content for your Design to us, you grant us an unrestricted license (i) to use the content for the purpose of creating your Design, and (ii) to display screen-shots of your Design online, in marketing materials, or in any other manner we desire.
Except for the content provided by you, designs created on your behalf by us belong to Evolutronic Web Services Limited (Unless stated otherwise in the official invoice or quote), and all such designs and copies are subject to copyright, trademark, patent, and other intellectual property laws of Jamaica, The United States and all foreign countries. We grant you an unrestricted license to use the design created for you so long as your service subscription or hosting plan chosen remains active and in good standing with Evolutronic Web Services Limited and/or its affiliates. Cancellation of your service subscription or hosting plan terminates your license to use the design created for you as well as use of our content management system.
You agree to prevent any unauthorized copying of your design. Unless otherwise specifically provided in this Agreement, no right or license under any copyright, trademark, patent, or other intellectual property right or license is granted by this Agreement. We reserve all rights not expressly granted herein.
11. Copyrights and Trademarks
The client represents to Evolutronic Web Services Limited and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Evolutronic Web Services Limited for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Evolutronic Web Services Limited and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
12. Laws Affecting Electronic Commerce
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees to be solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Evolutronic Web Services Limited and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
13. Web Hosting
By purchasing our website design services with our hosting service, you agree not to overuse our server resources. You should understand that you are on a shared environment and all resources are equally distributed among customers. Our aim is to provide quality shared hosting to every User, hosted on our servers. If your website starts over-usage or emails uses for spam work, we will suspend the account temporarily and inform the customer to upgrade their hosting plan as required. After acknowledgement of the customer, Services will be resumed. You may NOT use resource-intensive programs which negatively impact other customers or the performances of our Servers. We reserves the right to terminate or limit such activities at any time.Spamming, Phishing, Virus or any stuff related to Hacking or non-legal activities are not tolerated in our Servers. The account found involved or containing such materials will be suspended immediately without Notice.
14a. Domain Registration
Should you choose to register a domain name through evotechzone.com, we will register a domain name on your behalf, provided such domain name is available for registration, and payment is made by customer. We acts only as an intermediary between you and the organization providing the domain name, and has no influence over the assignment of domain names. The registration of your domain name is subject to the terms and conditions of those third-party registrars, and is also subject to the terms of the Uniform Domain Name Dispute Resolution Policy (UDRP).
You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions of the UDRP in effect at the time of the dispute. we assumes no liability in the event the domain name is unavailable or otherwise not assigned to you, and does not warrant or guarantee that assigned domain names do not infringe the rights of third parties, or that you will retain the rights to that domain name for any period of time. Upon payment in full of any and all registration fees, we shall not own or otherwise legally control any domain name registered on your behalf. You agree that you are responsible for any and all fees and costs related to the registration of your domain name, and you authorize Evolutronic Web Services Limited to bill you for any such fees and costs which MUST be paid prior to renewal of the domain. Unless terminated, at the end of each term your domain name will NOT be renewed should the customer fail to renew the domain in a timely manner before the domain expires. Evolutronic Web Services Limited may, in its sole discretion, release, cancel, or otherwise dispose of or pay to renew and utilize Your domain name as it sees fit, with no obligation to You (the customer) whatsoever. You MUST renew the domain name in a timely manner to maintain ownership.
Transfer request of domain can be limited to certain circumstances, as follows:
14b. Domain Registration and Hosting Plan
You agree to pay any and all prices and fees (including any registration fees required by ICANN) due for Services purchased through evotechzone.com, at the time you order the Services. All prices and fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. we expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at evotechzone.com and effective immediately without need for further notice to you. If you have purchased Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal and will be outlined in the invoice that details the new billing charges.
- Once a domain has been registered, it must be added to a paid hosting environment with us for domain management services in order to have use of the domain for email and hosting services. It must be a part of a hosting plan.
- As long as you make TIMELY payments to renew the domain name annually, ownership remains with the customer. Customers MUST renew the domain in a timely manner to maintain ownership. (See Failure To Pay)
- Domain name are NOT automatically renewed. You have the responsibility of paying for the renewal of the domain PRIOR to the expiration date. You agree that we will not be responsible for canceled domain names that you fail to renew on-time. Additional charges may apply, If you fail to renew your domain name on-time and we decides to renew the domain at a cost.
- All domain registered with Evolutronic Web Services Limited will be list using the client's address, phone number and email for registrar information. However clients can purchase Domain Name Enhancement for $3,700 JMD (This enable: Registration Privacy, Domain Forwarding, Ownership Protection, Business Registration) to protect the ownership information of the domain.
14c. FREE Domain Promotions
For packages purchased from us, that includes FREE domain name registration, the customer does not own the domain. These domains are owned by Evolutronic Web Services Limited, since we paid to register the domain. In order for the customer to own the domain name, they MUST purchase the domain from us for the initial purchase, at the current market price.
After renewal of the hosting and domain has been paid, the ownership rights of the domain will be transferred to the customer. At no time will we transfers the ownership rights of the domain, until the customer has paid for the domain. Customers may opt to NOT order our free domain promotion and, instead, purchase the domain from us. Ownership under this situation, remains with the customer and not Evolutronic Web Services Limited.
In addition, customers may opt to NOT order our free domain and, instead, purchase the domain from another service provider and point it to our Domain Name Server(DNS) for hosting from us. Ownership under this situation, remains with the customer and not Evolutronic Web Services Limited.
If a free domain registration comes with a website plan, the customer will not be able to move the domain until it has been paid for and their account must be in good standing. If a customer has used a portion of time on any hosting plan, it must be paid in FULL (minimum of one month) before your account is considered to be in good standing. If a customer use any portion of days used within a month for hosting services, the entire month of hosting is due. We do NOT offer pro-rated billing. FREE domains cannot be transferred until it has been paid for at the current market price. The current market price will be determined at the point of the request made by customer to purchase the domain.
15. ADDITIONAL OBLIGATIONS AND WARRANTIES
- You agree and warrant that your data shall be solely for business, entertainment and/or educational purposes and that you shall assume the sole responsibility and duty to ensure that all such data, visual materials, advertising and other matter shall be transmitted exclusively to willing adults and only to places in which such materials comply with contemporary community standards.
- You agree and warrant that your data shall not violate any laws concerning obscenity and shall not contain or link to any pornography, or depictions of bestiality, rape, sexual assault, violence, torture / disfigurement, or other content deemed objectionable by Evolutronic Web Services Limited, in its sole discretion.
- You agree that if, Evolutronic Web Services Limited in its sole and exclusive judgment, concludes that your website displays, contains or links to any harmful matter or indecent materials or communications which are available to, or accessible by, minors, or displays or contains any material that consists of child pornography or which could otherwise result in harm to minors; then Evolutronic Web Services Limited may, without prior notice to you and in its sole and exclusive discretion, either remove and erase the material from your website, and/or disable public access to the material on your website, and/or cease hosting your website, without any liability of any kind to Evolutronic Web Services Limited from either you or any third party.
- You agree that in the event that Evolutronic Web Services Limited is informed by any party that your domain name or any material on your website infringes the copyright of any party, or violates the right of publicity or privacy of any party, or consists of any other claim or violation of intellectual property rights of any kind, then we may, without prior notice to you and in its sole and exclusive discretion, either remove the material from your website, and/or disable public access to your domain name or the material on your website, and/or terminate this Agreement, without any liability of any kind to Evolutronic Web Services Limited from either you or any third party. In addition, you waive any and all claims you may have, now and forever, against Evolutronic Web Services Limited relating to any action taken in response to the claim that you have infringed the intellectual property rights of a third party, and agree to indemnify and hold harmless Evolutronic Web Services Limited from and against any such claims.
- You affirmatively represent, agree and warrant that you have and at all times shall have all necessary intellectual property rights, including, but not limited to, all copyrights, trademark and service mark rights and rights of publicity, both in Jamaica and throughout the world, to reproduce and disseminate, via the Internet, your data or content which you otherwise promote, advertise, disseminate and/or distribute to anyone by your direct or indirect use of our Services or Equipment, prior to and at all times during the time such materials are promoted, advertised, disseminated or distributed through any direct or indirect use of our Services or Equipment.
- You agree and warrant that your data shall not constitute, contain or link to material which is harmful, violent, threatening, abusive, hateful, libelous, slanderous, defamatory, or which will violate or infringe upon or will otherwise give rise to any adverse claim with respect to any common law or other right of any person or other entity, including, without limitation, privacy rights and all other personal and proprietary rights.
- You agree and warrant that your data and any and all material(s) of every kind which you transmit using our Services or Equipment shall at all times be free from any and all damaging software defects, including, but not limited to, software "viruses", "worms", "Trojan Horses," and other source code anomalies, which may cause software or hardware disruption or failure, reduced computer operating speed, or compromise any security system.
- You agree that you will not attempt to access our equipment, website or another customer's website without authorization, or use our Services to it carry out, or assist in the carrying out of, any "denial of service" attacks on any other website or Internet service.
- You agree and warrant that you shall not use any form of mass unsolicited electronic mail solicitations, news group postings, IRC posting or any other form of "spamming", "phishing" or "mail bombing" and Evolutronic Web Services Limited reserves the right to block mail from any source which we believe, in our sole discretion, is being used to send such unsolicited e-mail, including but not limited to open mail relays.
- You agree and warrant that you shall not engage in any false, deceptive or fraudulent activities in association with your use of our Services or Equipment.
- You shall at all times use our Web Hosting Service exclusively for conventional websites. You shall not use the web hosting services in any way which may result in an excessive load on our servers, including but not limited to installing or running web proxies, using your allotted space as online backup or storage, or mirroring mass downloads.
- Use of web hosting services shall be in a manner consistent with this Agreement and shall not in any way impair the functions or operations of our equipment or network. Should your use of the web hosting service result in an overly high load on our servers, Evolutronic Web Services Limited may, in its sole discretion, suspend your account until the cause of any such overload is determined and resolved.
- You agree and warrant that all applicable taxes have been paid or will be paid in full by you when due regarding all businesses and employees associated with your use of our Services and that no taxing authorities shall have any claim against Evolutronic Web Services Limited or any persons affiliated therewith for the payment of such taxes.
16. Sole Agreement
The agreement contained in this "Terms Of Service" constitutes the sole agreement between Evolutronic Web Services Limited, its subcontractors, and the client regarding our Services. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for one month after anticipated completion after all parties sign this contract and contract is paid in full. Continued services after that time will require a new agreement.
This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral. No officer, employee or representative of Evolutronic Web Services Limited or you has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not contained expressly in this Agreement. Evolutronic Web Services Limited and the client hereby acknowledge and agree that neither Evolutronic Web Services Limited nor the client have executed this Agreement in reliance upon any such representation or promise.
This Agreement may be materially altered by Evolutronic Web Services Limited by posting the new version of the Agreement at evotechzone.com and if posted in this manner, shall be effective immediately upon posting such notice. In the event that Evolutronic Web Services Limited does materially change the terms of this Agreement, you accept and shall be bound by such changed terms unless you opt to terminate the Agreement within thirty days of the posting of notice of such change.
You may not modify this Agreement, in whole or in part, and any such modification or attempt to modify shall not be enforceable unless reduced to writing and signed by a duly authorized representative of Evolutronic Web Services Limited. No additional or conflicting term in any other document used by you will have any legal effect.
Last Updated: August 28, 2016