Evolver Media Pune GENERAL TERMS AND CONDITIONS.
Terms and Conditions of Website Design.
All the queries related to features/modifications/customization/payment needs to be emailed
to us and get the final quote and confirmation from us. Communication through phone,
regarding the features or changes, is also considered but Email acknowledgment is
compulsory.
Before starting the project, if any changes required in the features or in the designs have to
be emailed to us to get the approval and the final quotation will be sent for the same. After
the project is started, any additional features or modifications requested will be at an
additional cost.
50% Of advance payment will be collected at the start of the project and the remaining 50%
payment to be paid after the completion of the website. The website will go live after
receiving the 100% payment.
The product is sold on an “as-is basis” with functions/features as specified on the website and
any claim stating that features/function missing or not “as expected” by the buyer or not like
how it is found in other similar products/competitors will not be taken into consideration, and
Evolver Media Pune is no way will be liable for such claims.
Any software, code, plugin or other third party material used in a web or digital project
remains the property of the creator and any ongoing license fees or fees for upgrades are the
responsibility of the client, not Evolver Media.
The amount paid towards the website development services is Non-Refundable under any
circumstances.
All customization services of any magnitude will be charged accordingly and the client in no
way possesses the right to claim for free customization services citing to the payment he has
done initially for the actual product or for a previously agreed customization
task/project/functionality.
There is no guarantee that all product updates will be available at the same price. Evolver
Media Pune reserves the right to charge a price for the product updates it releases according
to the nature of the update.
Evolver Media Pune may use your website URL to our client list and portfolio to display on our
website.
Evolver Media Pune is not subject to loss of information or any harm the administration may
bring about you/your PC/your customers/clients or others related to you.
Evolver Media Pune reserves the right to modify the above terms and conditions and pricing
for our services without any prior notice to anyone. Evolver Media Pune may terminate your
access to all or any part of the Website at any time, with or without cause, with or without
notice, effective immediately.
The Website is provided “as is”. Evolver Media Pune and its suppliers and licensors hereby
disclaim all warranties of any kind, express or implied, including, without limitation, the
warranties of merchantability, fitness for a particular purpose, and non-infringement.
Neither Evolver Media Pune nor its suppliers and licensors make any warranty that the
Website will be error-free or that access thereto will be continuous or uninterrupted. You
understand that you download from, or otherwise obtain content or services through, the
Website at your own discretion and risk.
In no event will Evolver Media Pune, or its suppliers or licensors, be liable with respect to any
subject matter of this agreement under any contract, negligence, strict liability or other legal
or equitable theory for (i) any special, incidental or consequential damages; (ii) the cost of
procurement or substitute products or services; (iii) for interruption of use or loss or
corruption of data; or (iv) for any amounts that exceed the fees paid by you to Evolver Media
Pune under this agreement during the twelve (12) month period prior to the cause of action.
Evolver Media Pune shall have no liability for any failure or delay due to matters beyond their
reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Evolver Media Pune, its contractors, and its
licensors, and their respective directors, officers, employees, and agents from and against any
and all claims and expenses, including attorneys’ fees, arising out of your use of the Website,
including but not limited to your violation of this Agreement.
Graphic Design Terms and Conditions.
The following Terms and Conditions of Service apply to all products and services provided by
Evolver Media Pune (hereinafter referred to as Evolver Media) and in the event of any dispute
are governed by the District Court.
All work is carried out by Evolver Media on the understanding that the client has agreed to
our terms and conditions.
Copyright is retained by Evolver Media on all design work including words, pictures, ideas,
visuals and illustrations unless specifically released in writing and after all costs have been
settled.
If a choice of designs is presented and one is chosen for your project, only that solution is
deemed to be given by us as fulfilling the contract/agreement. All other designs remain the
property of Evolver Media, unless specifically agreed in writing.
Project Acceptance
At the time of proposal, Evolver Media will provide the customer with a written estimate or
quotation by email along with the Terms and Conditions.
A copy of the written estimate or quotation is to be digitally signed and dated by the
customer to indicate acceptance.
Alternatively, the client may send an official purchase order in reply to the estimate or
quotation which binds the client to accept our terms and conditions.
Design Charges
Charges for design services to be provided by Evolver Media will be set out in the written
estimate or quotation that is provided to the customer. At the time of the customer’s signed
acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a
non-refundable payment of 50% of the quoted fee will become immediately due.
Unless agreed otherwise with the Client, all design services require an advance payment of a
minimum of fifty (50) percent of the project quotation total before the work commences or is
supplied to the Client for review. The remaining fifty (50) percent of the project quotation
total will be due upon completion of the work prior to upload to the server or release of
materials.
Rework Policy
We provide a maximum of 3 rounds of reworks after the initial first draft.
Following is the methodology:
1. We receive brief from client ONLY in the form of Email.
2. We provide drafts in form of 2 to 3 variants of the design.
3. Client chooses one variant and we go ahead refining the selected design.
4. Client provides first round of feedback/changes only on Email. (1st Rework)
5. Client receives updated artwork based on feedback.
6. Client suggests changes only on Email. (2nd Rework)
7. Client receives updated artwork based on changes suggested.
8. Client suggests final set of changes only on Email. (3rd Rework)
9. Client receives final version of design.
Any changes post 3rd rework will be additionally charged as per the category of design.
Turn around time for each round of rework will be 12 to 24 hours, if nor earlier.
Urgent designing required will incur additional charges.
Source RAW Files
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the
job scope or request.
Charges for design work do not cover the release of our copyright design source files, including but
not restricted to indd, psd, AI, png, fla or other source files or raw code; if the Client requires these files
for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’
charge.
Charges for Other Services
Charges for any additional services requested during the project that are over and above the
estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of
estimate or quotation acceptance.
Demo
All drafts before approval will be sent in low resolution, with the words “Evolver Media Demo”
watermarked on the graphic artwork. Only after the receipt of the final payment will a final copy
without the watermark be provided. In case of print media design the final 300 dpi print file will be
provided after final payment. Files with 72 dpi or lower resolution will be provided for all drafts.
Payment
After final approval, the customer will be provided an Invoice prior to final publication. At this time
the remainder of the amount due will become payable and the customer will also be required to
acknowledge or signify approval by email to Evolver Media.
Any invoice queries must be submitted by email within 14 days of the invoice date.
Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment
charge per week.
Payments may be made by online transfer or Google Pay.
Payments made by cheque must be previously agreed and may be subject to an additional
administration charge.
Publication and/or release of work done by Evolver Media on behalf of the client, may not take place
before cleared funds have been received.
Returned cheques will incur an additional charge as per bank. Evolver Media reserves the right to
consider an account to be in default in the event of a returned cheque.
Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or
following a returned cheque. Evolver Media shall be entitled to remove Evolver Media‘s and/or the
customer’s material from any and all computer systems, until the amount due has been fully paid.
This includes any and all unpaid monies due for services, including, but not limited to, hosting,
domain registration, search engine submission, design and maintenance, sub-contractors, printers,
photographers and libraries.
Removal of such materials does not relieve the customer of its obligation to pay the due amount.
Customers whose accounts become default agree to pay all Evolver Media‘s reasonable legal and
accounting expenses and third party collection agency fees in the enforcement of the debt and
these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Evolver Media for inclusion in the customer’s website or
other medium, the customer declares that it holds the appropriate copyright and/or trademark
permissions. The ownership of such materials will remain with the customer, or rightful copyright or
trademark owner.
Any artwork, images, or text supplied and/or designed by Evolver Media on behalf of the customer,
will remain the property of Evolver Media and/or its suppliers unless otherwise agreed in writing. A
license for use of the copyright material is granted to the customer solely for the project defined in
the scope or request and not for any other purpose.
The customer may request in writing from Evolver Media, the necessary permission to use materials
(for which Evolver Media holds the copyright) in forms other than for which it was originally supplied,
and Evolver Media may, at its discretion, grant this and may charge for the additional usage. Such
permission must be obtained in writing before any of the aforesaid artwork, images, text, or other
data is used.
Any software, code, plugin or other third party material used in a web or digital project remains the
property of the creator and any ongoing license fees or fees for upgrades are the responsibility of the
client, not Evolver Media.
By supplying images, text, or any other data to Evolver Media, the customer grants Evolver Media
permission to use this material freely in the pursuit of the design.
Should Evolver Media, or the customer supply an image, text, audio clip or any other file for use in a
website, multimedia presentation, print item, exhibition, advertisement or any other medium
believing it to be copyright and royalty free, which subsequently emerges to have such copyright or
royalty usage limitations, the customer will agree to allow Evolver Media to remove and/or replace
the file on the site.
The customer agrees to fully indemnify and hold Evolver Media free from harm in any and all claims
resulting from the customer in not having obtained all the required copyright, and/or any other
necessary permissions.
Alterations
The customer agrees that changes required over and above the estimated work, or in addition to the
agreed scope, or where the client makes changes to the supplied copy or changes required to be
carried out after acceptance of the draft design, will be liable to a separate charge.
The customer also agrees that Evolver Media holds no responsibility for any amendments made by
any third party, before or after a design is published.
Licensing
Any design, copy-writing, drawing, idea or code created for the customer by Evolver Media, or any of
its contractors, is licensed for use by the client on a one-time only basis and may not be modified,
re-used, or re-distributed in any way or form without the express written consent of Evolver Media
and any of its relevant sub-contractors.
All design work – where there is a risk that another party make a claim, should be registered by the
client with the appropriate authorities prior to publishing or first use or searches and legal advice
sought as to its use.
Evolver Media will not be held responsible for any and all damages resulting from such claims.
Evolver Media is not responsible for any loss, or consequential loss, non-delivery of products or
services, of whatever cause. The customer agrees not to hold Evolver Media responsible for any such
loss or damage.
Any claim against Evolver Media shall be limited to the relevant fee(s) paid by the customer.
Data Formats
The client agrees to Evolver Media’s definition of acceptable means of supplying data to the
company.
Text is to be supplied to Evolver Media in electronic format as standard text (.txt), MS Word (.docx) or
via e-mail / FTP or shared folder.
Images which are supplied in an electronic format are to be provided in a format as prescribed by
Evolver Media via e-mail / FTP. Images must be of a quality suitable for use without any subsequent
image processing, and Evolver Media will not be held responsible for any image quality which the
client later deems to be unacceptable.
Evolver Media cannot be held responsible for the quality of any images which the client wishes to be
scanned from printed materials. Additional expenses may be incurred for any necessary action,
including, but not limited to, photography and art direction, photography searches, media
conversion, digital image processing, or data entry services, colour correction and alteration of
images.
Design Project Duration
Any indication given by Evolver Media of a design project’s duration is to be considered by the
customer to be an estimation. Evolver Media cannot be held responsible for any project over-runs,
whatever the cause. Estimated project duration should be deemed to be from the date that cleared
funds are received by Evolver Media for the initial payment or by date confirmed in writing by Evolver
Media.
Rights of Access for Website Construction
The client agrees to allow Evolver Media all necessary access to computer systems and other
locations, as required, in order to complete a website project and until all due funds are cleared,
including the necessary read/write permissions, usernames and passwords.
The customer also agrees to allow Evolver Media access to any computer systems, usernames and
passwords required to remove data and/or sites for failure to comply with these Terms and
Conditions. The customer agrees to supply Evolver Media with all necessary materials, electronic, or
otherwise, required to create and complete the project, and to supply them in a timely manner.
Design Project Completion
Glazier Design considers the design project complete upon receipt of the customer’s signed
Approval email. Other services such as printing, display panel production, film work, website
uploading, publishing etc either contracted on the client’s behalf constitute a separate project and
can be treated as a separate charge.
Website design only
Evolver Media require that a template is approved by the customer before coding of a site
commences. Once the template(s) for the web site are approved by the customer, coding will
commence; any changes to navigation items, colours, structure or content that require changes to
the template will incur an additional charge.
Once web design is complete, Evolver Media will provide the customer with the opportunity to
review the resulting work. Glazier Design will make one set of minor changes at no extra cost within
14 days of the start of the review period. Minor changes include small textual changes and small
adjustments to placement of items on the page. It does not include changes to images, colour
schemes or any navigation features. Any minor changes can be notified to Evolver Media by e-mail.
Evolver Media will consider that the client has accepted the original draft, if no notification of
changes is received in writing from the customer, within 14 days of the start of the review period.
Hosting websites
Glazier Design may request that clients change the type of hosting account used if that account is
deemed by Evolver Media to be unacceptable because of poor service, lack of bandwidth or in any
other way insufficient to support the website. Fees due to third party hosting organisations are the
responsibility of the client and Evolver Media are not liable for their payment, nor for the renewal of
domain names, which are the sole responsibility of the customer / domain owner.
Domain Registration
Evolver Media cannot guarantee the availability of any domain name. Where Evolver Media is to
register a domain name on behalf of a client it will endeavor to do so but the client should not
assume a successful registration.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s
ranking, Evolver Media cannot guarantee any particular placement. Acceptance by any search
engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search
results varies from one search engine to another. Rankings will also vary as new sites are added.
Evolver Media recommend that customers use a professional SEO company and are happy to
provide details of such companies, but accept no responsibility for their services.
Design Credits
The customer agrees to allow Evolver Media to place a small credit on printed material exhibition
displays, advertisements and/or a link to Evolver Media own website on the customer’s website. This
will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow Glazier Design to place websites and other designs, along with a
link to the client’s site on Evolver Media’s own website for demonstration purposes and to use any
designs in its own publicity and portfolios.
Rights of Refusal
Evolver Media will not include in its designs, any text, images or other data which it deems to be
immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid
down by all relevant advertising standards authorities. Evolver Media also reserves the right to refuse
to include submitted material without giving reason. In the situation where any images and/or data
that Evolver Media does include in all good faith, and subsequently discovers is in contravention to
such Terms and Conditions, the customer is obliged to allow Evolver Media to remove the
contravention without hindrance, or penalty. Evolver Media is to be held in no way responsible for any
such data being included.
Cancellation
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this,
Evolver Media may need formal notification in writing to the company’s postal address. The client will
then be invoiced for all work completed over and above the non-refundable deposit that will have
been made at the time of first ordering. The balance of payment due must be paid within 30 days.
Please note: any cancellation which is not formally confirmed in writing and received by Evolver
Media within 14 days of such instruction being issued, will be liable for the full quoted cost of the
project.
Disclaimer
Evolver Media makes no warranties of any kind, express or implied, for any and all products and/or
services that it supplies. Evolver Media will not be held responsible for any and all damages resulting
from products and/or services it supplies. Evolver Media is not responsible for any loss, or
consequential loss of data, or non-delivery of products or services, of whatever cause. While we take
reasonable steps to investigate the materials we recommend, we accept no responsibility for the
performance or quality of materials or any consequential loss arising from their failure. The customer
agrees not to hold Evolver Media responsible for any such loss or damage. Any claim against Evolver
Media shall be limited to the relevant fee(s) paid by the customer.
Evolver Media reserves the right to use the services of sub-contractors, agents and suppliers and any
work, content, services and usage is bound by their Terms and Conditions. Evolver Media will not
knowingly perform any actions to contravene these and the client also agrees to be so bound.
Evolver Media and its clients agree to comply with Printers Terms and Conditions which include
disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total
ordered. Evolver Media recommends that if an exact quantity is required, then 10% extra is added to
the quantity and extra time made available should the job be delayed.
General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form.
Evolver Media reserves the right to change any rates and any of the Terms and Conditions at any time
and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Evolver Media, by email,
verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely
available at www.evolverproductions.in
An estimate validated by the customer’s signature on the estimate or quotation form, or by email,
constitutes acceptance of the estimate or quotation and agreement to comply fully with all the
Terms and Conditions and forms a Contract for Business between the signatory and Evolver Media.