Terms and Conditions

Important Notice:

Please Read these Terms and Conditions of Service Carefully. Your acceptance of any quotation and subsequent confirmation of hire of our service is a legal declaration of your acceptance of these terms and conditions.
This website is operated by Ram software Ltd, EVUCAN is the trading name for Ram software LTD therefore the terms and conditions will make references to EVUCAN instead of Ram software LTD

  1. General
  2. In these conditions references to "the Company" are to EVUCAN; references to "the Purchaser" are to any person, firm or company with whom the Company enters into any contract whether directly or indirectly; references to "goods" are to any website design, website development or product development as a result of services rendered by the Company for the Purchaser. All quotations or tenders given and all orders received and accepted are executed on the basis that the Purchaser is bound by these conditions of sale. Where there is any inconsistency between these conditions of sale and any conditions or other terms which the Purchaser seeks to impose these conditions of sale shall prevail. These conditions supersede any other terms appearing elsewhere and exclude and override any other terms or representations stipulated or incorporated or referred to by the Company whether in the order or in any negotiations or course of dealings established between the Company and the Purchaser. No amendment or variation of these conditions will apply unless confirmed in writing by a director of the Company.

  3. Payment
    1. Website Projects:

    2. Standard Payment terms for the design and authoring of all websites will be on the basis of a minimum 40% initial payment in advance.
    3. The balance of all fees will be invoiced on 30-day terms on acceptance of the completed design.
    4. The website will not be launched onto the designated domain until the final payment has been received.
    5. Invoices not received by the due date for payment will be liable for interest on the amount unpaid at the annual rate of 4% above Bank of England base rate or a minimum of £10.00 (whichever is the greater) from time to time (without prejudice to any other remedy available to us).
    6. Ongoing contracts including Hosting and Support:

    7. Hosting and maintenance contracts will by default be invoiced on the 1st day of the service commencing and on the 1st day of every month thereafter until such time as the contract is cancelled by either party.
    8. If mutually agreed then this can be changed to a quarterly or yearly basis in either case the invoicing date will be the first day at the beginning of each term.
    9. All invoices will be invoiced on 30-day terms.
    10. Invoices not received by the due date for payment will be liable for interest on the amount unpaid at the annual rate of 4% above Bank of England base rate or a minimum of £10.00 (whichever is the greater) from time to time (without prejudice to any other remedy available to us).
    11. If payments are not received by on the due date the Company reserves the right to suspend the web site and other services until such time as payment is received in full (without prejudice to any other remedy available to us).
    12. All deposits are non-refundable.
  4. Ownership and Copyright
  5. Website design

    1. Copyright of the completed web designs, images, pages, code and source files created by the Company for the project shall be with the Purchaser upon final payment only by prior written agreement. Without agreement, ownership of designs and all code is with the Company .
    2. The Purchaser agrees that resale or distribution of the completed files is forbidden unless prior written agreement is made between the Purchaser and the Company.
    3. The Purchaser hereby agrees that all media and content made available to the Company for use in the project are either owned by the Purchaser or used with full permission of the original authors. The Purchaser agrees to hold harmless, protect and defend the Company from any claim or suit that may arise as a result of using the supplied media and content.
    4. Offers and proposals made by the Company to the prospective Purchaser should be treated as trade secrets and remain the property of the Company. Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorization from the Company. This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information.
    5. The Purchaser agrees that the Company may include development credits and links within any code the Company designs, builds or amends. If the Company designs a website for the Purchaser, then the Purchaser agrees that the company may include a development credit and link displayed on the Purchaser's website. If the Company builds or amends a website for the Purchaser, then the Purchaser agrees that the Company may include a development credit and link displayed on the Purchaser's web page, which may be within the code but not displayed on a web browser if requested by the Purchaser.
    6. The Purchaser agrees that the Company reserves the right to include any work done for the Purchaser in a portfolio of work.
    7. The Purchaser agrees to abide by the terms of any third party software or media included within any work done for the Purchaser. Examples of this include, but are not limited to, Googlemaps, Media under the Creative Commons license, RSS feeds, Open Source GPL Software etc.
  6. Warranty and exclusion
    1. The Company will use its reasonable endeavours to assign the benefit of any warranty it receives from its suppliers to the Purchaser but shall not be liable for any claim or claims for any damages whether direct, indirect special or consequential or economic damage of loss (including loss of profit or goodwill) arising from any breach by its contract or any defect in the goods.
    2. Nothing in these conditions shall exclude liability of the Company for death or personal injury resulting from its negligence insofar as the same prohibited by United Kingdom statute.
  7. The Company's obligations
    1. The Company endeavours but does not guarantee to complete the goods by any given completion date or within any agreed timescale. Time shall not be of the essence.
    2. The design and building of the Purchaser's website will only commence following the payment of the Deposit, acknowledgement of the Order by the Company and the provision of the images and text by the Purchaser.
    3. Following the Purchaser's approval and subject to full payment being received, the Company will upload the approved website to the Company's hosting server or supply the website files to the Purchaser for use on any third party hosting server. The Company reserves the right not to upload or supply the website files to you until full payment has been received.
    4. Once the website is approved by the Purchaser, The Company is not responsible for any errors or downtime caused as a result of changes made to the website by the Purchaser or by any third parties on the Purchaser's behalf.
    5. The Company will make every effort to deliver the goods within a specified time.
    6. Non-disclosure / Confidentiality agreement

    7. The Company and any third party associates agrees that, except if directed by the Purchaser, it will not at any time during or after the term of this agreement disclose any confidential information.
  8. The Purchaser's obligations
    1. The Purchaser agrees to promptly provide to the Company (free of charge) any information and material (including without limitation images and text) that the Company may reasonably require to enable the Company to proceed with the obligations under these Terms.
    2. The Purchaser warrants and represents that all information and material provided to the Company is (a) accurate; (b) is either owned by the Purchaser or that the Purchaser has permission of the owner for the material to be used in relation to the provision of the development of goods; and (c) is free from viruses or other harmful programs.
    3. The Purchaser warrants and represents that all information and material provided to the Company by the Purchaser or on the Purchaser's behalf complies with and will continue to comply with all applicable laws, regulations and guidance.
    4. The Purchaser agrees that the Purchaser will only use the goods for lawful purposes and will not knowingly or recklessly provide, post, link to or transmit any material which is unlawful, threatening, abusive, defamatory, obscene, offensive, profane, threatening, or which infringes third party rights (including without limitation intellectual property rights) (“Inappropriate Content”). The Company reserves the right to refuse to include content on the website that the Company considers inappropriate content and/or does not comply with these Terms.
    5. The Purchaser shall promptly pay to the Company all payments due under these Terms. The Company shall not be obliged to deliver the website until all payments are received due under these Terms.
    6. The Purchaser agrees to indemnify the Company in respect of any losses, costs, expenses, damages and/or claims incurred by the Company as a result of any breach by the Purchaser of these obligations.
  9. Cancellation, Returns and Termination
    1. Where products supplied by the Company are manufactured to the particular specification of the Purchaser, the Purchaser does not have the right to cancel.

      Mistakes made by the Purchaser when ordering cannot be used as reasons to cancel the order.
    2. If the Company makes any error in relation to an order that has been submitted by the Customer, then the Purchaser should contact the Company within three working days by email or telephone and make arrangements to return the goods, at which point the Company will offer the choice of a refund or replacement.
    3. If such an error has been made the Company will also seek to compensate the Purchaser for any costs incurred in returning the goods to the Company.
    4. Where goods are not returned, the Company reserves the right to charge for the direct recovery of goods which may be equal or greater than the initial order value.
    5. Termination

    6. The Company shall have the right to terminate this agreement if:
      1. the Purchaser is in breach of their obligations set out in these Terms and conditions; and/or
      2. the Purchaser fails to approve the goods without reasonable cause within a reasonable period.
    7. the Purchaser may terminate this agreement immediately at any time by providing written notice of termination to the Company by email (with confirmed receipt), post or fax stating that the Purchaser wishes to terminate the Service and stating : customer contact name, customer business name. If the Purchaser terminates this agreement, the Company will not be required to make any refund to the Purchaser or give credit for any uncompleted element of the services.
  10. Descriptive matter
    1. All descriptive and forwarding specifications, drawings and particulars of colours and sizes issued by the Company are approximate only and are intended only to present a general idea of the goods to which they refer and shall not form part of the contract.
  11. Force majeure
    1. The performance of all contracts is subject to variation or cancellation owing to Act of God, war, strike, fire, riot, civil commotion, restriction by the Government or other competent Authority or any other cause beyond the Company's control or owing to the Company's liability to procure materials or articles except at enhanced prices due to any of the foregoing clauses.
  12. Limited liability of website
    1. To the fullest extent permitted by applicable laws, the Company nor any of its respective directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if the Company have been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable.
    2. If this clause is unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall the Company's total liability to the Purchaser for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by the Purchaser, if any, for accessing this website.
  13. Disclaimer
    1. While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website.
    2. The Company may make changes to the material on this Website, or to the products and prices described in it, at any time without notice.
    3. The material on this Website may be out of date, and the Company makes no commitment to update such material.
    4. The material on this Website is provided "as is", without any conditions, warranties or other terms of any kind.
    5. Accordingly, to the maximum extent permitted by law, the Company provides the Purchaser with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
  14. Amending the terms & conditions of use
    1. The Company may add to, change or remove any part of these Terms and Conditions at any time, without notice.
    2. Any changes to these Terms and Conditions or any terms shown on this website or any subsite hereof, apply as soon as they are shown.
    3. By continuing to use this website after any changes are posted, the Purchaser is indicating acceptance of those changes.
    4. The Company may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.
  15. Legal constructions
    1. These conditions and any contract following thereon shall be governed by and construed in accordance with English Law and the Purchaser submits to the jurisdiction of the High Court of England but the Company may enforce the contract in any court of competent jurisdiction.

Last update: 29th October 2009

Last update: 27th March 2012