INTRODUCTION
Please read these terms & conditions carefully before you hire us. By hiring us, you consent and agree to be bound by these Terms & Conditions. This document may change from time to time. Your continued use of our services after we make changes is deemed to be acceptance of those changes, so please check this Terms & Conditions every time you want to hire us.
Last update: 22nd July 2022
ABOUT US
Eveon is the trade name of Eveoncore Limited. The company is a registered with the corporate affairs commission of Nigeria.
THE AGREEMENT
These Terms and Conditions is an agreement between You (Client) and Eveon. It details our obligations to you and also highlights the risks involved in using our services. You must consider these risks carefully as you will be bound by the provisions of this agreement through your continued use of this website or any of our services.
DEFINITIONS
Website: https://www.eveon.co
Company: Eveon is the trade name of Eveoncore Limited. The company is a registered with the corporate affairs commission of Nigeria.
Client: Visitor, User, Customer or Company Representative that interacts with Eveon’s website or services.
Project: Any service or product we provide.
WEBSITE USE
Your access and use of this website and its content is for the sole purpose of preparing, evaluating and ordering for a product or service from Eveon. No download, retention or use of the content of this website is permitted.
You are only entitled to the finished product you obtain from Eveon as described in your invoice document, project brief or both.
No portion of the content on this website or the item(s) you receive may be utilized for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use our services to produce products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable.
Eveon may terminate its service to Clients that are found to be engaged in any undesirable activity. You are solely responsible for your use of content in your products. You agree that you have obtained the legal rights to use copyrighted materials. You warrant that your products do not infringe upon any rights of any third party.
By placing an order or requesting the services of Eveon, you warrant that you have all necessary permission, right and authority to place the order and you authorize Eveon to produce the products or services on your behalf. You agree that you will be responsible for all orders placed or taken with your name or credit card or debit card.
APPROVALS & WORK FLOW
Your project workflow will be communicated via e-mail. You agree to be bound by the terms and conditions of the project work flow.
REFUNDS
We will refund a percentage of your payment depending on the project stage as stated in the project workflow document that will be communicated via email.
We do not refund payments after a project has been completed.
FORCE MAJEURE
Eveon shall not be liable if unable to carry out any provision of the contract for any reason beyond Eveon’s reasonable control, including (without limiting the foregoing): Act of God, legislation, war, fire, flood, inadequacy or unsuitability of any instruction or material that is required for the performance of the contract.
PRICE AND PAYMENTS
The price of products and services on our website or previous invoices may be modified from time to time. These prices may not include Value Added Tax (VAT) or other taxes and delivery costs. Additional fees such as Tax and delivery costs may be added to the invoice to arrive at the total amount due for payment. All payments should be made to the Company’s corporate account; Eveoncore Limited.
Eveon would not be liable for any payment that is made to another account name.
Upon completion of the Services, and expressly conditioned upon full payment of all fees, expenses, and costs due, Eveon assigns to Client the Copyrights in and to the Final Works, including Trademarks, Eveon shall deliver to Client all the items described in the invoice document.
LATE PAYMENT PENALTY
Any Invoice not paid to Eveon, 20 days after the project is completed will be immediately and automatically subject to late payment penalties at the rate of 5% of the unpaid balance. With a 1% increase everyday after the 21st day.
INTELLECTUAL PROPERTY RIGHT
Unless otherwise indicated or any proprietary material owned by a third party and so expressly mentioned, Eveon owns all intellectual property rights to and into the website, including without limitation, title to copyright, related rights, patents, trademarks, trade names, service marks, designs, trade-secretes, text, graphics and icons. You acknowledge and agree that you shall not use, reproduce or distribute any content from our website or communications from Eveon during and after the execution of your Project without obtaining a written authorization from Eveon.
Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when requesting any of our services.
However, with regard to the bespoke nature of the services we render, you agree that we have the intellectual property rights of all designs and sketches we produce from your idea. Eveon retains property ownership in any original design comprising Final Works.
Eveon retains all intellectual property rights and Copyrights, in and to all Preliminary Works, sketches and Working Files. Client shall return all original artwork, designs or illustrations to Eveon immediately after completion of the Services. Ownership rights to any design may only be transferred to you in writing.
WRITTEN COMMUNICATIONS
When using our website and services, you accept that communication with us will be by electronic means only. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
APPLICABLE LAW
The validity, interpretation and enforcement of this Agreement, matters arising out of or related to performance or breach of this Agreement, and related matters shall be governed by the internal laws of Nigeria. Any legal action or proceeding concerning the validity, interpretation and enforcement of this Agreement, matters arising out of or related to performance or breach of this Agreement, and related matters, shall be brought exclusively in the State or Federal courts located in the Federal Capital Territory, Abuja, Nigeria.
All parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues.
DISLAIMER OF WARRANTY
The site and its content are provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge that operation of the site may not be uninterrupted or error free. References and links to products or services of independent companies may appear on the site. These references and links are provided “as is” without warranty of any kind, either expressed or implied.
LIMITATION OF LIABILITY
The Client confirms that he/she understands and takes responsibility and assumes all risk resulting from the use of the Site without limitations.
Eveon and also its employees, management, partners, shareholders, and agents do not bear responsibility for failures of any kind or shutdown of the Site resulting in loss of business information, profit or other financial losses due to claims of any kind, losses, petitions, actions or other events occurring due to validity of these terms, including without limitations the Site navigation, use, access to any files or their parts, as well as any rights including even in the event were Eveon was advised of the theoretical possibility of such damages, irrespective of whether the occurring event and damage were the result of infringement on intellectual or any other property, based on a breach of law, negligence, contract liabilities or other similar cases and situations, or not.
INDEMNIFICATION
Consenting to the terms of this Agreement, the Client agrees to indemnify, defend and hold Eveon, its affiliates, its Content contributors and their respective directors, officers, employees, shareholders, partners and agents (collectively, the “Eveon parties”) harmless from and against all claims, liability, losses, damages, costs and expenses (including reasonable legal fees) incurred by any Eveon Party as a result of, or in connection with, any breach or alleged breach by the Client or anyone acting on the Client’s behalf of any of the terms of this Agreement.
SEVERABILITY
If any portion of these Terms and Conditions is held by any competent court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions and shall not affect the validity or enforceability of any other part in this Terms and Conditions.
GENERAL PROVISIONS
Eveon’s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. If any provision of the Terms of Use cannot be fulfilled completely or partially at the territory of a certain country, and the parties are not able to come to an agreement, the parties agree to settle all such matters by judicial process. In this case the court may select the closest statutory provisions, according to which the provision of the Terms can be fulfilled partially or in full.
ACKNOWLEDGEMENT
In accepting this agreement, the client acknowledges that the client has read this agreement, understands it, and had an opportunity to seek independent legal advice prior to agreeing to it. In consideration of Eveon agreeing to provide products or services, client agrees to be bound by the terms and conditions of this agreement. Client further agrees that this is the complete and exclusive statement of the agreement between Client and Eveon, which supersedes any proposal or prior agreement, oral or written, and any other communication between client and Eveon relating to the subject of this agreement.
The original, legally binding version of this document is written in English, it may be translated into other languages for non-English-speaking clients. If there are any discrepancies between the English version and a translated version, the English version supersedes the translated version.