Terms & Conditions

• As part of the repair process, it may sometimes be necessary to re-format the computer’s internal or external hard disc drive(s) and/or to re-install the Microsoft Windows® operating system (or similar). Both these procedures are carried out only as a last resort and after Evernet Computer has attempted all other means of repair. 

• All data, regarded by the customer as either required, important and/or critical, should be backed up (saved to another hard disc drive or to removable media, for example, a CD-R or DVD-R disc) prior to any such re-installation of software such as Microsoft Windows®, or the re-formatting of your computer’s internal or external hard disc drive(s). Re-formatting of the hard disc drive(s) means that all data will have been erased. The computer will have been returned to “Factory Settings” after re-installing Microsoft Windows® in other words, to the state it was in when it left the manufacturing facility. The backed up data can then be re-installed on the computer. 

• Computer data can be lost for a number of reasons: for example, problems affecting the computer’s internal or external hard disc drive(s), by a virus or spyware infection, corruption of data files and/or folders. The only effective safeguard against the risks associated with loss of data is to maintain a regular and systematic backup procedure. Computer Repair will be pleased to advise on this. 

• For Evernet Computer Repair, the protection of a customer’s personal or business data is a matter of course. Evernet Computer  ensures that all its managers, engineers and field technicians observe the standards of the General Data Protection Regulation and act in accordance with the regulations contained therein. Personal data contained on, or transferred from, PCs, terminals and hard drives or disks shall, at all times, be processed fairly and lawfully and anonymised. 

• With the exception of a customer’s personal contact details and the details of all transactions with Evernet Computer, all other data, however sourced and necessarily held on our computers or external hard drives or disks during the execution of the works, shall be deleted, using a secure format, on completion of the works. 

• Evernet Computer is careful to protect personal data and the details of any transactions a customer makes with us over the Internet. 

• Evernet Computer No-Fix-No-Fee Policy

• Our No-Fix-No-Fee policy means simply that if Evernet Computer does not possess the necessary technical knowledge or ability to resolve the problem or effect the repair, then no charge is made.

• Exclusions to the No-Fix-No-Fee policy

• When the customer requests Evernet Computer not to proceed with a repair which it is able to effect to resolve the problem. In this case the customer must pay our minimum charge for diagnostics.

• When Evernet Computer is able to resolve the problem or effect the repair, but the customer does not possess the required software disc or product key. If the computer’s Operating System is to be re-installed, the customer must provide Evernet Computer with an original licensed Operating System disc and a valid Product Key. In this case the customer must pay our minimum charge for diagnostics. 

• When Evernet Computer provides a clear and precise diagnosis of a failed component / software issue but the customer decides not to proceed with the replacement / repair . In this case the customer must pay our minimum charge for diagnostics. 

• The policy does not apply to data recovery, virus or spyware problems, issues with third parties or to cases in which the computer suffered from power surges. 

• Evernet Computer accepts no responsibility for loss of computer data, however caused, including any alleged loss occurring during data recovery or repairing. 

• Evernet Computer Same Day Repairs.

• Contact may be made with Evernet Computer  daily between 11:00 and 17:00 . However calls received after 15.00 may not qualify for same day service. In such cases, appointments may be arranged for the following day or be subject to an additional late night call out fee.

• In some cases, Evernet Computer may need to take computers to workshops for specific parts to be fitted. All hardware repairs and services, but specifically excluding software services, are supplied with a one month warranty. 

• Any computer or other hardware left with Evernet Computer and not collected within 3 months shall be assumed to be permanently abandoned by Client and will be disposed of without recourse to Client. Prior to this, every effort will be made by Evernet Computer to contact Client to obtain instructions. 

Web Sites 

•  Author’s Amendments

For most design projects the first stage of author’s amendments are free. This includes further exploration of a logo design, web or graphic design, or changes to supplied copy. Any further changes are charged on an hourly basis. Any changes requested by Client, which are not part of the pre-agreed specification between Client and Evernet Computer, are fully chargeable to Client.
Tip: It is always more economical to send all amendments together rather than feed them through piecemeal. No revision work, which requires payment, will be started without authorisation from Client. Individual amendments will be chargeable.

• Payment

Payment terms for an estimated project are to be paid on the date of invoice. Evernet Computer reserves the right to charge interest on any overdue amounts. Any bought-in costs, such as print or web hosting, must be paid in advance

• Refunds

Refunds are not normally available once the initial designs have been created and supplied to the client, but refunds for incomplete work may be considered. Should Client receive such refund, they acknowledge that they will have no right (express or implied) to use any response/samples or other work product, content, or media, nor any ownership interest in or to the same.

• Trademarks and Service Marks

A client is expected to perform researching on their company name etc. to be sure the name is not already in use and securing a trademark or service mark to protect the Client’s legal rights to any name or image. Evernet Computer is not and will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image. Permission to use photographs either in print or on the internet must be arranged by the client. Evernet Computer is not and will not be held responsible for any legal action that may result from improper due diligence on the availability of an image.

• Ownership/Copyrights

Ownership (title) of the content of any website produced by Evernet Computer remains the property of the Client; the design and layout of the website remains the property of Evernet Computer but the Client is given full unlimited, indefinite, and royalty-free use of the website upon payment of all fees. Client is not permitted, except with written authorisation from Evernet Computer, to make any changes of any kind to the website produced by Evernet Computer, who retains rights to display any work produced by Evernet Computer in portfolio and advertising materials. All concepts, or other preliminary materials, which are not selected by the Client or are not included into the final delivery, remain the full property of Evernet Computer.
Tip: Google images are (probably) NOT free to use!!

Online Cloud Backup

• Evernet Computer offers the Cloud Online Backup Service (‘Services’) to its clients through its affiliation with Livedrive.The Terms and Conditions apply to both Livedrive and Evernet Computer as its affiliate.

• You may use the Services only if you have the power to form a contract with Evernet Computer, and thereby with Livedrive, and are not barred under any applicable laws from doing so. The Services may continue to change over time as features are refined and more features added. The Services may stop, modified or suspended at any time without prior notice to you.

• You retain full ownership to your files, folders and data, submitted through Evernet Computer to Livedrive. We don’t claim any ownership of any of it. These Terms do not grant us any rights to your files or intellectual property except for the limited rights that are needed to run the Services.

• Your permission will be needed to do things you ask us to do with your files, for example, hosting your files, or sharing them at your discretion. That permission also extends to trusted third parties we work with to provide the Services.

• You are solely responsible for your conduct, the content accuracy, completeness, appropriateness, or legality of files, user posts, or any other information, but you acknowledge that Livedrive and Evernet Computer have no obligation to monitor any information on the Services. Please do not copy, upload, download, or share files unless you have the right to do so.

• Please consider carefully what you choose to share or make public. Livedrive and Evernet Computer have no responsibility for that activity.

• You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party.

• You, and not Livedrive or Evernet Computer, are responsible for maintaining and protecting all of your files. Neither Livedrive nor Evernet Computer will not be liable for any loss or corruption of your files, or for any costs or expenses associated with backing up or restoring any of your files.

• You can stop using our Services after the expiration or your 12 month contract with us. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services.
  All fees for our services are due in advance and your contract will automatically renew on its anniversary. Once Evernet Computer has received your first payment you are legally bound into a 12 month contract. If you wish to cancel your contract with Evernet Computer and Livedrive, you must do so in writing before the renewal of your contract, if you wish to cancel before your renewal you must pay any outstanding monies due.

• Acceptable Use

You agree not to misuse the Livedrive services. For example, you must not, and must not attempt to, use the services to do the following things. 

1. Probe, scan, or test the vulnerability of any system or network;

2. Breach or otherwise circumvent any security or authentication measures;

3. Access, tamper with, or use non-public areas of the Service, shared areas of the Service which you have not been invited to, Livedrive (or our service providers’) computer systems;

4. Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;

5. Plant malware or otherwise use the Services to distribute malware;

6. Access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);

7. Send unsolicited communications, promotions or advertisements, or spam; send altered, deceptive or false source- identifying information, including “spoofing” or “phishing”;

8. Publish anything that is fraudulent, misleading, or infringes another’s rights; promote or advertise products or services other than your own without appropriate authorization;

9. Impersonate or misrepresent your affiliation with any person or entity;

10. Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;

11. Violate the law in any way, or violate the privacy of others, or defame others. 

Software Development Service

• Evernet Computer  provides its clients with outplacement or outsourcing services. This includes placement of remote contractors.

• Evernet Computer  has been asked or is being considered to be asked by the client to offer its services to the client for the placement of contractors.

• The services will be provided by Evernet Computer  to the client according to the terms and conditions of this service agreement.

It is agreed as follows:

1. Definitions & Interpretation

• Schedule 1 provides the definitions and interpretations for this service agreement.

2. Agreement - Day To Day Operation

• 2.1. The terms and conditions on the Evernet Computer website provide the procedure for day to day activities like request for service by the client, selecting the Evernet Computer employee and perform other day to day activities with respect to this contract.

• 2.2. It is acknowledged by the client and agreed upon that the nature of this agreement with Evernet Computer does not establish any form of employment.

• 2.3. The liability for choosing the appropriate Evernet Computer employee rests with the client. The hiring is done for independent contractors on the basis of applicable local guidelines.

• 2.4. The Evernet Computer employee does not have any authority to enter into contracts on behalf of the client. The agreement does not create any partnership between the client and the Evernet Computer employee.

3. Duration

• 3.1. This agreement will be applicable on a month to month basis, will commence on the starting date as agreed upon. The agreement will continue until terminated in accordance with clause.

4. Payment

• 4.1. The time for payment to be made to Evernet Computer is provided in schedule 1 and the requisite terms and conditions as on the Evernet Computer website.

• 4.2. The provisions provided in schedule 1 are a part of and operative under this contract.

5. No Evernet Computer Liability

• 5.1. In case of any loss, damage, costs or compensation (whether direct or indirect) to The client, no liability shall be incurred by Evernet Computer. The following cases are included:

• a) Any delay in introduction of Evernet Computer employees by Evernet Computer.

• b) The event of non-acceptance of an offer or an assignment by a Evernet Computer employee.

• c) Related to the performance of a Evernet Computer employee.

6. The Client's Indemnity To Evernet Computer 

• 6.1. With respect to the following cases of loss or claims the client has to pay indemnity to Evernet Computer .

• a) An injury to a Evernet Computer  employee while performing his/her duties for the client.

• b) Property damage while performance of duties by a Evernet Computer  employee.

• 6.2 If there are any claims made by a Evernet Computer  employee with respect to his/her termination of services, the client has to indemnify Evernet Computer for the same.

Restriction On Direct Hiring Of Evernet Computer Service Employees

• 7.1. The Client must pay to Evernet Computer 15,000.00 Rs for each Evernet Computer employee who has been offered/hired by the client directly.

• 7.2. When this contract is terminated, no Evernet Computer employee who is performing an assignment for the client or has performed an assignment for the client in the last 12 months can be offered a contract or permanent employment by the client.

• 7.3. Evernet Computer employe’s friends, family members, referrals and network cannot be offered work or assignments by Evernet Computer clients without prior approval.

• 7.4. No information exchange related to payments and pricing between Evernet Computer and Evernet Computer employees shall be permitted.

8. Intellectual Property

• 8.1 All material prepared by the Evernet Computer employee will be owned by the client and any intellectual property rights in any such work shall vest in the client.

Privacy

• 9. All parties agree that they will handle personal information in accordance with the privacy laws.

• 10. Confidential Information

10.1. Subject to clause 10.2, the only information that is disclosed by any party is that which is required by the law.

• 11. Warranties

Both parties represent and warrant to the other party that:

a) There are no actions, claims, proceedings or investigations pending or threatened against it or by it of which it is aware, and which may have a material effect on the subject matter of this contract.

12. Termination

• 12.1. A party ("the first party") may immediately (or with effect from any later date it may nominate) terminate if:

a) The second party breaches this contract and does not remedy such breach within 5 business days.

b) the other party becomes insolvent.

• 12.2. The client may appoint the Evernet Computer  employee on a trial basis. This is for a minimum of 1 hour and a maximum of 10 days. The client can terminate the Evernet Computer employee at any time during the trial period.

• 12.3. Subject to the client complying with the provisions set out in schedule 1, if the client can terminate the full time employees in the following manner:

• a. For less than 6 months from his or her appointment, a period of 30 days notice is required.

• b. For more than 6 months, a period of 60 days notice is required.

• 12.6. Upon termination:

• (a) The client will return all confidential information back to Evernet Computer .

13. Acceptance

• The client accepts the terms as set out within the terms and conditions on Evernet Computer's website.

• (a) The client making a request for services; or

• (b) The client appointing Evernet Computer to provide services to the client; or

• (c) The client selecting a Evernet Computer employee; or

• (d) The client making a payment of any amounts listed within schedule 1, including but not limited to set up fees, monthly fees and/or any payment of Evernet Computer invoices (whichever is the earliest); or

• (e) The client indicating its acceptance

14. Duty of confidentiality

• a. Evernet Computer and the Evernet Computer employee acknowledge that while working for the client, they may have access to confidential information of the client.

• b. Evernet Computer and the Evernet Computer employee undertakes not to disclose, use this information to any third parties.If the client selects and appoints a Evernet Computer employee, the client must use the regular billing system.

Schedule 1 Fee Structure

• Regular Billing System

• 1. If the client selects and appoints a Evernet Computer employee, the client must use the regular billing system.

• 2. The client must pay Evernet Computer for the services in advance by using either of the following 2 options:

• (a) Prepaid payments

• (b) Regular monthly payments

Via

• - Credit card online payment

• - Direct debit of credit cards and bank accounts

• - Electronic fund transfer

• 3. Each payment is to be made in advance or on an agreed fixed monthly date.

• 4. The clients can make payments via electronic fund transfer (EFT) into Evernet Computer's INR bank accounts.

• 5. If there is any overtime payments due, the amount of overtime is chargeable to The client will be included in the following month's invoice.

• 6. The client at any time may request a refund of the amount held with 2 week refund processing period.

Insufficient funds

• 7. If:

• (a) the available balance falls below zero; or

• (b) The client does pay on time under the prepaid payment option and/or the regular monthly payment option,

• Evernet Computer is entitled to suspend the services of the Evernet Computer employee for a period of 5 business days ("Suspension Period")

• 8. During the suspension period, the client must pay to Evernet Computer any amount in arrears, else the contract shall be terminated.

Holidays

• 1. The Evernet Computer employee is entitled to request for leaves on public holidays of his or her location.