Terms of Service

Last updated: 25 June 2025

1. Agreement to Terms

By accessing or using Evolved Sites' services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using our services.

2. Description of Services

Evolved Sites provides professional web development services including:

  • Static business websites using Next.js technology
  • Content Management Systems (CMS) and e-commerce platforms
  • Monthly hosting and maintenance packages
  • Additional services such as SEO, branding, and copywriting
  • Web consulting and technical support

3. Service Agreement and Scope

3.1 Project Scope

Each project begins with a detailed scope of work that outlines deliverables, timelines, and costs. Changes to the agreed scope may result in additional charges and timeline adjustments.

3.2 Client Responsibilities

Clients are responsible for:

  • Providing accurate project requirements and content
  • Timely feedback and approvals during development
  • Providing necessary access to existing systems or accounts
  • Maintaining backups of their data
  • Complying with all applicable laws and regulations

4. Payment Terms

4.1 Project Payments

  • 50% deposit required before project commencement
  • Remaining 50% due upon project completion and before go-live
  • Payments due within 14 days of invoice date
  • Late payments may incur a 1.5% monthly service charge

4.2 Monthly Services

  • Monthly packages billed in advance
  • 30 days notice required for cancellation
  • No refunds for partial months
  • Price changes with 60 days notice

4.3 Additional Work

Work outside the agreed scope will be charged at our standard hourly rate of £75-150 depending on complexity, with prior written approval.

5. Intellectual Property Rights

5.1 Client Ownership

Upon full payment, clients own:

  • Website content and images provided by the client
  • Custom design elements created specifically for their project
  • Domain name and hosting accounts (where applicable)

5.2 Evolved Sites Ownership

Evolved Sites retains ownership of:

  • Proprietary code frameworks and templates
  • General methodologies and processes
  • Pre-existing intellectual property
  • Rights to use project as portfolio example

5.3 Third-Party Components

Websites may include third-party components (fonts, libraries, plugins) subject to their respective licenses.

6. Warranties and Disclaimers

6.1 Service Warranty

We warrant that our services will be performed with professional skill and care.

6.2 Website Functionality

We provide a 30-day warranty on website functionality from the go-live date.

6.3 Disclaimers

EXCEPT AS EXPRESSLY SET OUT HEREIN, ALL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7. Limitation of Liability

IN NO EVENT SHALL EVOLVED SITES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY CLIENT FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.

8. Website Performance and Hosting

8.1 Performance Targets

We aim to achieve:

  • Page load times under 2 seconds on 3G networks
  • Lighthouse scores of 95+ across all metrics
  • 99.9% uptime for hosted websites

8.2 Hosting Services

Hosting services are provided through third-party providers. We are not responsible for provider outages or issues beyond our control.

9. Content and Compliance

9.1 Content Standards

Client content must not:

  • Violate any applicable laws or regulations
  • Infringe on third-party intellectual property rights
  • Contain malicious code or security vulnerabilities
  • Promote illegal activities or harmful content

9.2 GDPR and Privacy Compliance

Clients are responsible for ensuring their website complies with GDPR and other privacy regulations. We can provide guidance but cannot guarantee compliance.

10. Termination

10.1 Termination by Client

Clients may terminate services with written notice. Fees for completed work remain due. No refunds for work in progress unless otherwise agreed.

10.2 Termination by Evolved Sites

We may terminate services immediately if:

  • Payment terms are not met
  • Client breaches these terms
  • Client requests illegal or unethical work
  • Relationship becomes untenable

11. Force Majeure

Neither party shall be liable for any failure to perform due to unforeseen circumstances or causes beyond their reasonable control, including acts of God, war, terrorism, epidemics, government regulations, or internet service failures.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the English courts.

13. Dispute Resolution

We encourage resolving disputes through direct communication. If unsuccessful, we agree to attempt mediation before pursuing legal action.

14. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

15. Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated with 30 days notice. Continued use of services constitutes acceptance of modified terms.

16. Contact Information

For questions about these Terms of Service:

17. Entire Agreement

These Terms, together with any written project agreements, constitute the entire agreement between the parties and supersede all prior understandings and agreements.

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