Definitions

 i. This contract is between Kevin Davis trading under the business name of "Business Evolve", and .................., "the Business".

ii. An intellectual property right includes copyright, trademarks, registered design rights and other such rights.

iii. "the Site" means Business Evolves web site.

Terms and Conditions

1. A deposit of 20% is payable by the Business before the design is commenced. This deposit is non-refundable.

2. After the deposit has been paid and the payment has cleared, Business Evolve will begin designing the website/graphics.

3. After the web site has been designed, proofs will be supplied to the Business. The Business is responsible for checking the accuracy of those proofs. After the proofs have been checked and the site goes online (live) Business Evolve has the right to advertise on the business's website (small "Business Evolve" link at the bottom of the business's site.)

4. After the proofs have been agreed a final invoice will be sent. After payment of this final invoice has cleared, the web site will be submitted to the server and hosted on the World Wide Web.

1. If the web site is being paid for by instalments, the web site will be hosted after the first payment has been received and cleared. If the further instalments are not paid, the web site will be withdrawn from the server. The web site will only be re-submitted after the balance has been paid in full.
2. If payments are delayed after the due date on the invoice issued to the business, Business Evolve have the right to charge interest at 8% of the contractual amount + England base rate per day on the remaining overdue amount.
3. All hosting is paid for via yearly instalments.
4. Compensation arising out of late payment
       
   (1) Once statutory interest begins to run in relation to a qualifying debt, Business Evolve shall be entitled to a fixed sum (in addition to the statutory interest on the debt).
   
   (2) That sum shall be - 
   
   
   (a) for a debt less than £1,000, the sum of £40;
   
   (b) for a debt of £1,000 or more, but less than £10,000, the sum of £70;
   
   (c) for a debt of £10,000 or more, the sum of £100.

5. If the Business decides to cancel the contract after work on the design has commenced the Business will be liable for a cancellation fee equivalent to 100% of the agreed contract amount. If the contract is cancelled before design work commences there will be a 20% administration fee.

6. Minor alterations or updates to literature on the web site will be carried out by Business Evolve without charge during the first 2 weeks after the web site is hosted. After that time there will be a charge for such updates.

7. Fundamental changes to the web site, such as logos, or additional images will be subject to a charge if the changes occur after the web site has been hosted.

8. Copyright to the design of the web site or other items such as logos, animation or literature amongst others is retained by Business Evolve. Business Evolve reserves the right to show the design of the web site or other items to potential customers and display the web site or other items as an example on the Site and in any other promotional items as required by Business Evolve.

9. Copyright to the design of other items such as logos, photographs or literature supplied by the Business will remain with the owner of those items i.e. the designer or the Business. However, by submitting those items to Business Evolve, Business Evolve assumes they have permission to use those items on the Businesses web site without infringing any intellectual property rights by using them. Business Evolve will not be liable for breach of intellectual property rights for using items supplied by the Business.

10. Business Evolve designs websites to the specification of the Business. If that web site infringes any intellectual property right belonging to another person Business Evolve will not be liable for actions or claims arising from that infringement.

11. In the unlikely event that there is a problem with the hosting server, Business Evolve will not be liable for any loss arising (whether (i) any incidental, consequential, or indirect loss, damages including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) from problems with the server. The hosting will be provided by separate organisation and Business Evolve does not have any control over that organisation. Business Evolve will contact that organisation on your behalf if you experience any problems with the hosting of your web site. The business is obligated to pay for upgrades for hosting if the businesses site exceeds the maximum bandwidth allowed (bandwidth allowance available on request).

12. After the businesses site is completed business evolve retain all rights to the businesses site and it may not be altered in any way without permission from a member of business evolve.

13. In no event will Business Evolve be liable for any loss arising (whether (i) any incidental, consequential loss, or indirect damages including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) out of the use of or inability to use the service provided by Business Evolve, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service.

14. Business Evolve makes no representations whatsoever about any other web site, which you may, access through the Site or which may link to the Site. When you access a non-www.business-evolve.com web site, please understand that it is

independent from Business Evolve, and that Business Evolve has no control over the content on that web site.

15. The "free" domain name is only valid for 1 year. After this period "the Business" can pay Business-Evolve to re-host the site and re-register the domain name. Alternatively you can arrange your own hosting and domain name.

16. For ecommerce sites (shopping online) and online administration control panels, usernames and passwords can only be changed if the changes first told to a member of Business Evolve, failure to do so may result in the business paying a fine. Business Evolve must have access to online control panels at all times. All changes within the online administration control panels are also to be told to a member of Business Evolve.

17. No other internet, ecommerce or web design companies may advertise on the business's site without permission from Business Evolve.

Use of the Site

a. Business Evolve does not operate, control or endorse any information, products or services on the Internet in any way except for information, products or services clearly identified as being supplied by Business Evolve. Information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with Business Evolve unless stated otherwise.

b. Business Evolve cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.

c. You assume total responsibility and risk for your use of the Site and the Internet. Business Evolve provides the site and related information without making any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, and merchandise information or service provided through the service or on the Internet generally, and Business Evolve shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the Internet generally. Business Evolve does not warrant that the service will be uninterrupted or error-free or that defects on the service will be corrected.

d. You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. Business Evolve has no control over and accepts no responsibility whatsoever for such materials.