Welcome to Evans Consulting Group, Inc. Evans Consulting Group, Inc., and its affiliates provide web development services to you subject to the following conditions. If you visit or shop at iGROWyourBiz.com for web development, you accept these conditions. Please read them carefully. In addition, when you use any current or future Evans Consulting Group, Inc. service or visit or purchase from any business affiliated with Evans Consulting Group, Inc., whether or not included in the Evans Consulting Group, Inc. Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY EVANS CONSULTING GROUP, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. EVANS CONSULTING GROUP, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EVANS CONSULTING GROUP, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EVANS CONSULTING GROUP, INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM EVANS CONSULTING GROUP, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EVANS CONSULTING GROUP, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF
THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MIGHT HAVE ADDITIONAL RIGHTS.
Standard Web Agreement
Our desire is to delight
the client. One way is to make clear our understandings with each other. These
are the terms of our agreement together:
1. Authorization. The above-named client, (hereinafter
referred to as “you” or “client”) is engaging Evans Consulting Group, Inc, a Florida
Corporation, hereinafter referred to as “Consultants”, located at 28870 US HWY
19 North, Suite#351, Clearwater, Florida, 33761, as an independent contractor
for the specific project of utilizing their over 10 years of marketing and
design experience in a World Wide Website to be installed on the consultant’s
web space on a web hosting service's computer. The client hereby authorizes
Consultant to access this account, and authorizes the web hosting service to
provide Consultant with "write permission" for the client's webpage
directory, cgi-bin directory, and any other
directories or programs which need to be accessed for this project. The client
also authorizes Consultant to publicize their completed website to Web search
engines, as well as other Web directories and indexes once a marketing package
is established.
2.
.NET Website Package Elements. Consultant includes one or more of the following
elements in their Standard Website Packages based on invoice:
·
Unlimited
Catch-all accounts
·
Unlimited
Forwarding
·
Unlimited
Aliases
·
Unlimited
Auto responders!
Create an email address that will automatically send a reply to your visitors
24/7/365. GREAT marketing tool! Email may be sent/received from
website or any standard email client software. NOTE: SPAMMING or Mass
Unsolicited Emails of ANY type are expressly forbidden! Spam violations as
determined by consultant will result in an IMMEDIATE account termination with
NO REFUNDS! Consultant does not warrantee any performance of hosting company
outside of host companies established warranties.
This is a super-easy way to increase
traffic to your website. Makes
it easy for visitors to email their friends and tell them to visit your site! A
great marketing tool!
Allow users to search your
website for a specific word or phrase.
Adds to the ease of use, and makes your site user-friendly.
Keep your site FRESH. You can easily add updates, news and
announcements to your site so your visitors know what’s new! Add links to other
sites, articles or content for your visitors.
A simple, quick and secure way
for customers to send you a comment, request a quote/proposal or send you an
email. You decide what information to gather – Your site will notify you when
someone makes a request. 2 custom forms created (max 20 fields each)
Allow visitors to “sign-In” and
let you know they visited your site.
They will comment on how you can serve them better!
Require people to sign up for a
user name and password. This can be
automatic and open to all, or you may restrict access and require approval from
you prior to gaining access. Use this
for increasing your newsletter base, offer a members only area, offer content
only to paying members or create a secure area for employees, vendors or
resellers/affiliates.
This is an easy to
use section of your site that will answer your visitors Frequently Asked
Questions. You can add or take away questions and answers easily. Also allows
customers to email you with questions not listed on board.
The
most powerful marketing tool on the internet. Your
site’s visitors give you permission to add them to your email newsletter
list. Send promotional and
informational emails as often as you like to your subscribers with the click of
a button. Even SELL ADVERTISING in it!
Easy-to-use newsletter creator included!
Subscribers can automatically unsubscribe anytime.
Visitors will give client the
emails, addresses and phone numbers of friends who might like your
service! The system automatically sends
an email on their behalf to each referral and notifies client each time this
happens!
You are GUARANTEED to be
entered into major website Search Engines, including Google,
Yahoo!, Netscape, and AOL. Your site
will be found by people all over the world when they look for you with a major
search engine. With
guaranteed inclusion to at least a dozen major Web search engines, such as
Yahoo, AltaVista, InfoSeek, WebCrawler, Lycos, HotBot,
etc. and/or their “feeder” directories. Various other internet marketing
techniques and vehicles are available for an additional charge. Web Site Supercharging (Optimization of pages
at additional charge) is recommended for this service.
Customer Service is
available during regular business hours, with additional emergency support
24/7.
Want to promote another one of
your businesses? Want to advertise a
special event or offer coupons? Want
people to PAY YOU to put advertising on your site. This upgrade makes it easy to add
advertisements to your site.
Find out what your visitors
think on a specific topic – share the info with all or some of your visitors.
You control the questions and deadline of surveys.
This is an easy to use section
of your site that will answer your visitors Frequently Asked Questions. You can
add or take away questions and answers easily.
Also allows customers to email you with questions not listed on board.
Lists the members who are on in real
time, and gives access to members to communicate with them. Search feature
allows a person to search who is online by screenname.
Public chat rooms separated by
category – private rooms available to premium members.
Client is able to determine what roles
can see, edit, interact with specific pages at their
discretion.
“administrators”
will login with username and password and have the ability to view, edit,
delete or modify majority of the website and its features.
Registration system is automated and
may be used to require paid membership (Secure Site Certification, merchant
account and gateway purchased separately are necessary for paid membership use.) An automated process that requires a person
to log in with a password automatically generated by the site that is sent to
email address used to create account. This validates an accurate email address
as well as an authorized user of that email account. Registration will collect various demographic
data, billing info as well as receiving acknowledgement of site
policies/procedures and sign up for mailing list. Also creates members
“profile”
members
can send an automatic referral email to friends. The system notifies any email
you specify that a new referral has arrived and logs the contact info in the
database for review -toggle which referrals you have and have not followed up
on.
4. Online stores. Retail Section Online stores.
This is a secure electronic web store complete with shopping cart. Client may
set up an unlimited number of stores and carts to sell goods or services over
the internet. Client has ability to add
or modify items and pricing themselves. Client is responsible for entering
pictures, pricing and item information. We
will enter items for client at the charge of $2 per item in sets of 25. We will provide 1 hour of training to client
or client’s representative at no charge. This will be done in the local Tampa
Bay Area or online in a voice chat room with up to 3 people. Telephone training will be accommodated at clients expense. We will integrate real time payment systems
to any standard gateway. (merchant account and gateway not included) This contract
comes with 2 (two) separate shopping carts.
5. Maintenance
and Hourly Rate.
This agreement includes 1-hour per month webpage maintenance or changes to
regular web pages for as long as the monthly payment is made, including
updating links and making minor changes to a sentence or paragraph or section.
This shall not exceed more than 1 hour in any given month without additional
charges. Time not used in a month does not “rollover” or accumulate. It does
not completely cover, but may be used towards the development of a new section,
flash or feature for the site. If the client or an agent other than Consultant
attempts updating the client's pages or modifying the site code and creates (an)
error(s), time to repair web page(s) will be assessed at the hourly rate, and
is not included as part of the updating time. The maintenance period commences
upon the date the client signs this contract.
Changes requested by the
client beyond those limits will be billed at the hourly rate of $60, unless
client is on a retainer or maintenance package allocating a given number of
hours to be deducted from. This rate shall also govern additional work
authorized beyond the maximums specified above for such services as general
Internet orientation education, marketing consulting, webpage design, editing,
modifying product pages and databases in an online store, and art, photo,
graphics services, and helping clients learn how to use their own webpage
editor. Flash, multimedia, .NET, ASP, PHP, SQL, Databasing
& CGI programming charges (if any) are not included in this rate.
6. Changes to
Submitted Text.
Please send us your final text. Time required to make substantive changes
to client-submitted text after the web pages have been constructed will be
additional, billed at the hourly rate. This site is primarily updated/maintained by
client using a non-html familiar What You See Is What You Get (WYSIWYG) interface
similar to a word processor (Microsoft Word, Corel WordPerfect) or an email
program (America Online or Outlook {express}).
7. Web Hosting. The client understands that any
web hosting services are provided by a third party selected by Consultant and a
portion of the fee pays for this third party service. There are no warranties given expressly or
implied outside the normal warranties of Consultant selected host(s).
8. Completion
Date.
Consultant and the client must work together to complete the website in a
timely manner. We agree to work expeditiously to complete the website including
testing phase no later than 2 weeks after full payment for setup is made
assuming any necessary text, photos and/or graphics have been give at that time
also.
If the client does not
supply Consultant complete text and graphics content within two months after beginning
of this contract, an additional continuation fee of 10% of the total contract setup
price will also be assessed each month until the website is able to be
completed.
9. Payment of
Fees. Setup
and Hosting/Monthly Fees to Consultant are due and payable in full in advance. The
client understands, web pages will not be given over, nor hosting acquired and
made “live” until complete project balance is paid in full. Advertising the
pages to Web search engines and updating occur only after the final payment is
made (includes any other marketing packages purchased). All payments will be
made in US funds. A payment is considered credited to clients account when
funds are actually cleared and available, paper drafts (checks) do not
constitute a payment until cleared and made available by our financial
institution.
10. Independent
Contractor and Assignment of Project. Both Client and consultant agree that consultant
will act as an independent contractor in the performance of its duties under
this contract. Accordingly, both the consultant and client shall individually
be responsible for their own payment of all their own taxes including Federal,
State and Local taxes arising out of the consultant's activities in accordance
with this contract, including by way of illustration but not limitation,
Federal and State income, Social Security, Unemployment Insurance, and any
other taxes or business fees as required.
Consultant will perform
most services in accordance with this contract at consultant’s normal place of
business during consultant’s normal business hours. In addition the consultant
will perform services on the telephone and at such other reasonable places as
designated by the client to perform these services in accordance with this
agreement.
Consultant reserves the
right to assign subcontractors addition to in-house employees to this project
to insure the right fit for the job as well as on-time completion at no extra
cost for items provided in the contract. Third party products and services not
expressly included in this agreement (i.e, merchant
accounts, postage, certification, etc) will be at the expense of client.
12. Confidentiality,
Copyrights and Trademarks. The consultant agrees that any information received by
the consultant during any furtherance of the consultant's obligations in
accordance with this contract, which concerns the personal affairs of the
Client will be treated by the consultant in full confidence and will not be
revealed to any other persons, firms or organizations for any reason without
express written permission from the Client.
The client represents to
Consultant and unconditionally guarantees that any elements of text, graphics,
photos, designs, trademarks, or other artwork furnished to Consultant for
inclusion in web pages are owned by the client, or that the client has
permission from the rightful owner to use each of these elements, and will hold
harmless, protect, and defend Consultant and its subcontractors from any claim
or suit arising from the use of such elements furnished by the client.
13. Laws Affecting
Electronic Commerce.
From time to time governments enact laws and levy taxes and tariffs affecting
Internet electronic commerce. The client agrees that the client is solely
responsible for complying with such laws, taxes, and tariffs, and will hold
harmless, protect, and defend Consultant and its subcontractors from any claim,
suit, penalty, tax, or tariff arising from the client's exercise of Internet
electronic commerce.
14. Copyright to Web
pages.
Copyright to the finished assembled work of web pages produced by Consultant is
owned by Maurice W. Evans. Upon final payment of this contract, the client is
assigned rights to use as a website the design, graphics, and text contained in
the finished assembled website. Rights to photos, graphics, source code,
work-up files, and computer programs not owned, originated or licensed by
client are specifically not transferred to the client, and remain the property
of their respective owners. Intellectual property owned or licensed prior by
Client shall remain in the state it was prior to entering this agreement. Consultant,
Consultant’s employees and its subcontractors retain the right to display
graphics and other Web design elements as examples of their work in their
respective portfolios. Consultant
reserves the right to use an inconspicuous “tagline” on the side or bottom of
all web pages developed along with client’s copyright notice.
15. Payment of
fees. In
order for Consultant to remain in business, payments must be made promptly.
Delinquent bills will be assessed a $25 charge if payment is not received
within 10 days of the due date. If an amount remains delinquent 30 days after
its due date, an additional 5% penalty will be added for each month of
delinquency. Consultant reserves the right to remove web pages from viewing on
the Internet until final payment is made. If the site is removed from hosting
space due to non-payment, a new contract or additional fees (determined at
consultant’s discretion) may be necessary to reinstate service. Depending on
the complexity of the site, and how much set-up is
involved will determine the actual amount necessary to reinstate service. In
case collection proves necessary, the client agrees to pay all fees incurred by
that process. This agreement becomes effective only when signed by Consultant.
Regardless of the place of signing of this agreement, the client agrees that
for purposes of venue, this contract was entered into in
16. Sole
Agreement.
The agreement contained in this "Website Design Contract" constitutes
the sole agreement between Consultant and the client regarding this website.
Any additional work not specified in this contract must be authorized by a
written change order. All prices specified in this contract or on our website will
be honored for one (1) month after both parties begin this contract. Continued or
further negotiated services after that time may require a new agreement.
17. Terms of Agreement. This agreement will begin on the day payment is
received and will end 12 calendar months following. Either party may cancel this agreement upon
Sixty days (60) notice to the other party in writing, by certified mail or
personal delivery.
18. Initial
Payment and Refund Policy.
This package has a value will
vary and may be discounted.
The total amount of this contract is specified on our
website in our package listings page and determines any setup and monthly fees.
The initial setup payment
does not include the first months recurring hosting/maintenance charge. It will be billed separately and in addition
to this agreement on a monthly basis, beginning with the start of this
agreement and continuing until client or consultant cancels this agreement per
the conditions herein.
This agreement begins
with an initial setup payment. We have a 30-day money back satisfaction
guarantee. If the client halts work and applies by registered letter for a
refund within 30 days, to the Director of Design, 28870 US HWY 19 North,
Suite#351, Clearwater, Florida, 33761, phone (727) 726-2979, After 30 days work
completed, as well as any third party charges, shall be billed at the standard hourly
rate of $85/hour and deducted from any initial payments, the balance of which
shall be returned to the client. If, at the time of the request for refund, work
has been completed beyond the amount covered by the initial payment, the client
shall be liable to pay for all work completed at the hourly rate stated above.
If payment is made by credit card or financing, refunds will be less any fees
assessed by the respective financial institutions. No portion of payments will
be refunded for completed work after 30 days. Refunds are given only on
unfinished work if written application is made after 30 days of starting this
contract. Refunds will be paid 30 DAYS AFTER request by COMPANY CHECK.
19. Electronic Communications.
This is our standard posted agreement. By accessing our website and utilizing
our web development services You agree to the terms
of this agreement on behalf of you and/or your organization or business. You
agree that this Agreement constitutes "a writing signed by You" under
any applicable law or regulation. To the fullest extent permitted by applicable
law, this Agreement and any other agreements, notices or other communications
regarding your account and/or your use of the Service ("Communications"),
may be provided to you electronically and you agree to receive all Communications
from Evans Consulting Group, Inc. in electronic form. Electronic Communications
may be posted on the pages within the Evans Consulting Group, Inc. website and/or
delivered to your e-mail address. You may print a copy of any Communications
and retain it for your records. All Communications in either electronic or paper
format will be considered to be in "writing," and to have been received
no later than five (5) business days after posting or dissemination, whether
or not you have received or retrieved the Communication. Evans Consulting Group,
Inc. reserves the right but assumes no obligation to provide Communications
in paper format.
On behalf of Consultant
Evans Consulting Group, Inc
Please review and mail or
deliver payment to: Evans Consulting Group, Inc.