Terms and Conditions

The following are the Terms and Conditions that

govern Evolution Design Concepts Company,

work product and Website usage.

When you place an order, you accept all of the Terms and Conditions expressly set out below and those incorporated by reference. As part of accepting the Terms and Conditions you are also accepting the Privacy Statement. The Privacy Statement reflects our efforts to protect your contact information.

By visiting or using services of the site, you expressly agree to be bound by these Terms and to adhere to such Terms and Conditions and all applicable laws and regulations governing this Website.

If you break these Terms and Conditions, Evolution Design Concepts reserves the right to prevent your future use of this Website, cancel your order, and/or take appropriate legal action and remedies available against you.

This User Agreement is effective on October 1, 2008 for new users visiting the site or making an order, and for all users registered or doing business with Evolution Design Concepts prior to October 1, 2008.

However, we may amend these Terms and Conditions at any time that will apply to future visitors or those making orders. We shall post a revised version of this Agreement, which shall automatically replace the terms of this Agreement. The revised version of this Agreement is automatically effective immediately for new visitors or those making orders. Your continued use of the services provided by the site will constitute your acceptance of the revised Agreement. If you do not agree with the terms of this Agreement or any revised version of this Agreement, simply discontinue using the services of the Site.

A “user” is defined as any person accessing any page on our site and affiliate sites either as a member or non-member, and applies to anyone making an order or not making an order.

Website Design Payment Terms

Evolution Design Concepts requires a fifty percent (50%) deposit for Website design activity. Once the deposit has been received, work will begin on your project and a timetable will be identified for its completion. Most of the Websites designed by our team usually require 1 to 6 weeks for completion. This time period can be extended dramatically, based on the time that is required by the client to gather and present to Evolution Design Concepts the text and marketing material related to the clients company. This time period can also be extended should the client require additional changes to their project that will require a redesign or reconfiguration of their Website.

We will endeavor to stay in constant contact with the client as the site is being built. After site completion, the client's Website is uploaded to the Internet and the balance of 50% payment is due from the client immediately. The Client has up to 72 hours to review and approve or suggest changes or additions to their new Website and make final payment.

After 72 hours the clients Website will be taken offline, without notice, to await the client’s additional instruction or final payment. Upon receipt of the balance the final upload is published to the Internet and the clients' site is made available on the web.

*Please note: All websites remain the exclusive property of Evolution Design Concepts until total website costs are paid in full.

Any additional pages requested by the client after their Website is complete are payable in advance. This also includes add-ons such as blogs, flash animation, photo galleries, podcasts, vidcast, streaming audio or video of any nature, password protected pages, forums, chat rooms, redesigned banners, contact forms, surveys, e-commerce enabled pages, shopping cart systems and out of contract maintenance and out of contract hourly maintenance (out of contract maintenance is billed at $38.50 per hour).

Privacy

Evolution Design Concepts cares about your privacy. Data of the users’ of Evolution Design Concepts are the asset to us, thus we take desirable precautions to protect the users’ information against loss and unauthorized access. The data users’ submits to the site are protected both online and off-line.

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.

Users’ Eligibility

First and the foremost important thing to making an order, is you agree to accept all the terms and conditions of Evolution Design Concepts. You may only use the services we provide if you can legally enter into and form binding contracts. If you do not qualify, please do not use the services.

Things we restrict to Users

(a) Illegal Activity

You cannot:

1. Register under any false details as regards to your registration information or register/use any invalid or unauthorized credit card;

2. Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);

(b) You may not display or print this Web Site and in no event may you broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create decorative works from this Web Site.

Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Web Site that:

1. Is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; could be harmful to minors;

2. That harasses or advocates harassment of another person;

3. Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

4. Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

5. Is copyrighted, unless you are the copyright owner

Violation of Terms and Conditions

Violations of these Terms and Conditions, including Unauthorized Use of the Site, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress.

Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration and refuse to provide our services to you and take technical and legal steps to keep users off the Site without notice to you if Evolution Design Concepts believes that

(a) you breach this agreement or any document it incorporates by reference;

(b) you are unwilling to cooperate with our investigation of a complaint or reported violation;

(c) we are unable to verify or authenticate any information you provide; or (d) we believe your conduct may cause legal liability for you, for other members, or for Evolution Design Concepts. We also reserve the right to cancel orders. Full refund will be given in this case.

Fees

You encounter no fees in being a "user" of this site. You are only liable to pay when you have chosen a package and placed an order. If payment is not made, we reserve the right to cancel the order without letting you know. If payment is made, we will happily begin your Website, hosting, logo, photo retouching, graphic design, tee shirt or any special design order which may or may not be listed in this website but shall be considered a special request order. The deadline dates indicated on the site are intended to help Evolution Design Concepts and the users expect when the any service package will be delivered to the user. No claim in any form, monetary or non-monetary, can be made against Evolution Design Concepts (including its parent, subsidiaries, affiliates, officers, owners, directors, attorneys, agents and employees) if the deadline date is not reached in time.

Delivery of Websites, Maintenance, Hosting, Photo Retouching, Logos, Graphic Design, Tee Shirt Design, , Special Order requests

By placing an order on our site you agree to the following terms. The turnaround delivery times on our site are an expected delivery times only. Although experience suggests the expected delivery time is very accurate, it is not, however, guaranteed that the delivery time will be always be met. You are fully aware of the delivery time terms set out here and therefore no chargeback claims can be awarded.

No Warranty

Evolution Design Concepts and all its associates do not guarantee continuous, uninterrupted or secure access to our services, and operation of the site may be interfered with by numerous factors outside of our control. Evolution Design Concepts makes no warranty with respect to its software, the services it provides, linked content and we expressly disclaim all such warranties. We cannot ensure that files you download from the site will be free of viruses or contamination or destructive features. Evolution Design Concepts provides the site and services on an "as is" basis and "as available" basis without any warranties of any kind and to the extent permissible by law. We exclude all implied warranties, including also any implied warranties of merchantability and fitness for a particular purpose, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Limitation of Liability

Evolution Design Concepts (including its parent, subsidiaries, affiliates, officers, owners, directors, attorneys, agents and employees) will not be liable for any other users’ actions or design given to the user. "Liable" means Evolution Design Concepts will not be held liable for any claim made against it expressed in any form or way (this includes but is not limited to claims on grounds of any economic losses, any loss of goodwill or reputation, or any special, indirect, consequential, incidental, exemplary damages. Evolution Design Concepts delivers all our products and services with the best attempt to satisfy each customer. If the customer is dissatisfied then the customer may request full refund only, no action, matter or claim can be taken further against Evolution Design Concepts in anyway or form. It is impossible for each designer to know the copyright associated with every design in the world, thus it is the sole responsibility of the person making the order with Evolution Design Concepts to adhere to copyright laws. No claim on reasons of copyright can be made against Evolution Design Concepts by anyone or any organization on any reasons associated with any design we deliver to our customers (this includes but is not limited to claims on its similarity to other design or its breach of copyright laws).

Indemnity

You agree to indemnify and hold Evolution Design Concepts (and its parent, subsidiaries, affiliates, officers, owners, directors, attorneys, agents and employees), harmless against any loss, claim or demand, liability, costs and expenses (including reasonable attorneys' fees), made by any user or third party due to or arising out of your actions or omissions on this site or your violation of any law or the rights of a third party.

No Agency

You and Evolution Design Concepts are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or is created by this Agreement.

Notices

Except as explicitly stated otherwise, all notices shall be sent to the email addresses you provide to Evolution Design Concepts during the registration process. Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid.

You acknowledge and agree that our patents, trademarks, trade names, service marks, copyrights and other intellectual property is and shall remain our sole property, and nothing in this agreement shall confer in you any right of ownership or license rights in our Intellectual Property.

This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.