Client Agreement

Last Updated: 09 June 2025

I shall do my best to keep this document as straight forward and concise as possible. In short, I hoped to provide a basic explanation of the relationship between myself, Evan Day, and you as a current or prospective client. If there is ever a conflict, we should look to this agreement to best resolve it.

• General summary
• Data protection
• Billing
• Product specific terms

General Summary

• I, Evan Day, agree to work with, the client, for the provisioning of services that I provide to support maintaining a website both through direct services (such as design and hosting) and indirect services (such as email and support).
• All services provided by me, should be used exclusively for the intended purpose of the service and should not be misused.
• The client acknowledges that by offering my services as a managed service provider, that their assets are also subject to the terms of service of the providers I leverage. This includes, but may not be limited to
• Amazon Web Services (Domain Names, Hosting Services (Standard)).
• ELive Ltd (Domain Names).
• Google (Email Services).
• Plausible Analytics (Analytics Services).
• Formspree (Contact Form Services).
• Flywheel (Hosting Services (WordPress)).
• Stripe (Payment Processor).
• Revolut (Payment Processor).
• Ubiquiti Networks (Smart Home Services - Networking).
• All services, unless stated otherwise, have a given service level of 'Best Effort'. While all reasonable efforts will be undertaken to mitigate and prevent service disruption, I am not liable for any loss of revenue or traffic as a result of service disruption. Where possible, clients are entitled to service credit against their account bill, provided that service was deemed to be unavailable as a result of my direct action. Service credit may also be issued at my discretion, regardless of circumstance.
• I will endeavour to respond to all incoming business enquiries, within two-three business days.
• My opening hours for responding to enquiries, include Monday to Friday, 09:00-16:30. Weekends and public holidays are not covered generally.
• I maintain that I have the right to refuse any provisioning of services that is proposed to me by either a new or existing client.
• My services may not be used to support any illegal activities / hate groups / extremist activities.
• I maintain discretion that I can issue an account termination notice, if I determine that my services are being used to support any of the previously mentioned activities or groups.
• I may also issue an account termination notice in the following conditions
• Unpaid account balance.
• Underlying provider issues termination notice to the clients resources.
• Inability to complete the requested services.
• Withdrawal of services and closure of business.
• In the event of termination due to points three and four, all reasonable effort will be made to issue refunds for unconsumed services.
• Clients may terminate their services with me at any time, so long as
• A minimum notice period of 30 (thirty) days is provided.
• Their account balance is settled.
• All active services have been cancelled.

Data protection

• I work to ensure I only collect the bare minimum amount of information I need to ensure a working relationship with you.
• At an absolute minimum, I directly collect from you
• Your name.
• Your email address.
• Billing information (via Stripe).
• Some products, such as the Smart Home Services product family, may require additional information from you. This can include
• Your address, to allow for me to arrive on site to perform any installation or support services that are requested
• Please note that I never have direct access to your card information, such as the full sixteen digits or CVC code. I can only access the data required in order to issue invoices to you via Stripe.
• I will maintain the information that you have provided to me, for the duration of our working relationship.
• Certain pieces of information, will be preserved for a duration of time based on requirements of my business. For example this can include
• Invoices / receipts, maintained for up to six years to comply with record keeping requirements from Revenue Commissioners in Ireland.
• Transactional data generated from your services, such as Hosting Services traffic logs, up to 30 days. Or greater if there is a legitimate purpose for the data as per data protection regulations.
• Certain data, may be maintained longer than the above listed durations. If data is maintained, you will be informed as to why, which is listed below.
• Data generated from your service, is being used in active defence of the overall platform. For example, malicious traffic that was targeted at your website, is blocked across all websites on my platform.
• Any queries with regards any data stored with me, can be answered by reaching out to me directly at my listed email address.
• As part of your data protection rights, you may request a copy of your data that is held with me and or request the deletion of that data, so long as I have no legal requirements to retain that identifiable information (e.g, an invoice with your name on it that I must retain for Revenue record keeping purposes). You may start these processes if you wish, by reaching out to me directly at my listed email address.

Billing

• All billing is carried out either through Stripe, or Revolut Payments.
• Invoices issued via Stripe should be paid for through Stripe using a supported card. Bank account details are provided in the event this is not possible.
• At my own discretion, I may request a deposit before commencing work. This deposit will be used to cover incurred expenses and in the event of the work not commencing, said deposit will be fully refunded.
• All subscription based services, will begin billing either
• On the date of the subscription being commenced.
• The billing date for the overall account, generally on the 30th day of the month.
• All consumption based services, will be billed for on the 30th day of the month.
• An exception, is when the total outstanding payment for your account exceeds 1,000 (one thousand) Euro. In which case, an invoice will be issued automatically.
• Generally, invoices are issued one week before the due date, to offer a basic credit facility.
• In the event of non-payment, a reminder email will be sent three days after the invoice was overdue. If an invoice is unpaid after seven days, a second reminder will be sent. 14 days following non payment, a final warning reminder will be sent that will emphasise non payment will result in account closure. If after 14 additional days, the account has not been settled, an account termination notice will be issued.
• I reserve the right to pursue legal action in the event of non payment to recover any losses incurred as a result of non payment.
• I reserve the right to adjust invoices to be due immediately and / or request full payment upfront, if a client has demonstrated a repeated failure to pay invoices on time.

Product specific terms

• When it comes to my products, they can be all considered available as they are.
• Products go through a life cycle where they may be available in a beta period, before being considered generally available.
• Products may be available to clients when they are in a beta period, to provide feedback to me on the development life cycle of the product.
• Products may be retired from sale and removed from your account.
• Products may support "generations" where the backend of the product has been changed but overall, the service is the same. In the event of pricing needing to change for a product, a new generation will be created and your existing products will remain on the previous generation.
• Older product generations may be retired, as per one of the above points.

Simple Websites

• Using Simple Websites also requires acceptance of the Carrd terms and privacy agreement. When you use this product, you acknowledge that your planned website will abide by these terms.
• For customers who use the standard version of Simple Websites, you acknowledge that the only components of the website you can request to be changed include the:
• Text.
• Images used on the website, if present.
• Contact Form fields, if present on the website.
• Icons, if present on the website.
• For customers who purchase the Premium Service Plan, you acknowledge that you have the capability to request changes to any component of the website, within the technical limitations of the Carrd platform.
• Customers may have more than one Simple Website product active on their account at any given time.
• Customers who hold a Premium Service Plan and have multiple Simple Website products, may use the benefits of their Premium Service Plan across all Simple Website products.
• All customers acknowledge that any requested feature or change, must be technically possible within the Carrd platform. Any change or feature that is not possible, will not be implemented.
• Simple Websites customers can at their own discretion, request priority delivery to bring their website up to the top of the queue to have their website completed within three (3) working days, as defined previously in this agreement by my opening hours.
• Customers acknowledge that in the event of multiple priority orders, orders will be processed with a first in, first out approach.
• Customers acknowledge that the priority delivery window begins, once they have received the first email from me requesting the information required to complete their website.
• In the event of unavailability to deliver the website within the three working day period, customers will be refunded the priority delivery fee in full.
• Customers on the monthly plan are entitled to a free sub-domain name, using the apex domain name of `evanwebservices.com`.
• Customers acknowledge that I may refuse to implement a requested sub-domain name if I deem it to not be suitable. Or, the sub-domain name has already been claimed.
• Customers acknowledge that if they seek to request personal information from their users, that they are the ones responsible for implementing a privacy policy that explains to end users how the Customer will be using their data.
• All Simple Websites are required to be hosted on the Carrd platform and are not available to be downloaded or hosted with a different provider.
• The customer at their discretion, may enable specific add-on's for their Simple Websites plan, by visiting the customer portal and enabling them. Or, they may reach out to me directly.

Domain Names

• Domain names will list my contact details for the entire registration, including registrar, technical and billing contacts. This is to ensure a fully managed experience.
• In the event that you wish to transfer your domain name away from my services, you acknowledge that the domain name will become your responsibility. The previously mentioned contact detail sections, will be updated to reflect your own details.
• All domain names are an annual subscription.
• While I offer a custom registration service, there is always a chance that I will not be able to support the extension of your choosing. Therefore, I reserve the right to cancel and refund any orders for such an extension.

Developer Time

• Developer Time is a consumption based service meaning that your billable amount for the service may go down as well as up.
• You have the ability to inform me of a fixed spend amount you wish to stick to each billing month. In the event of your account approaching this limit, I will inform you in advance. This amount will reset at the end of every billing month.
• You have the right to inform me to override the budget cap in a given billing month, if you wish for any projects to continue.
• All Developer Time based projects, are dependent on my availability as an individual. Therefore you acknowledge that there may be delays to your project(s) if my schedule forbids me from being able to work.
• Developer Time includes one hour of free usage per billing month, which does not rollover or accumulate into subsequent billing cycles.
• I reserve the right to withdraw this offer in the future if I so choose to do so.

Web Hosting

• Web Hosting products all come with a standard service level of "Best Effort", meaning all reasonable efforts will be made to ensure consistent uptime. However, there is no guarantees of annual uptime.
• Web Hosting products are designed to not "throttle" in the event of heavy traffic. Instead, they scale with demand.
• You acknowledge that you will be liable for over-usage fees, as described in the pricing section of the web hosting products, in the event that you exceed a limit.
• In the event of malicious attacks against your website, I will make reasonable effort to mitigate these attacks. However in the event of these attacks being sustained, you acknowledge your website may be offline or have to be removed from my services.

Email Services

• All email services accounts, come with 30 GB of storage.
• In the event of exceeding your allocated storage, you will need to purchase an additional license which will provision a further 30 GB of storage for your usage.
• You agree that as part of the tools offered by Google Workspace, I am able to access certain information about the emails you send and receive (sender, receiver, subject), to be used expressly for the purposes of platform security tasks, such as spam prevention.
• You agree that as part of the tools offered by Google Workspace, I am able to access certain information for auditing activity inside Google Workspace (login and logout times for example), to be used expressly for the purposes of platform security tasks. For example, securing your account in the event of your password being compromised.

Analytics Services

• You acknowledge that non identifiable information about the users who visit your website, will be collected by Plausible Analytics and may be viewed by me, for the express purpose of delivering the product to you. For example, I may need to access your website data if you wish to get a report on your monthly traffic.
• In the event of your Analytics Services plan reaching the cap of its monthly page allowance, you acknowledge that service will be interrupted until you purchase a larger allowance for your plan.

Contact Form Services

• You acknowledge that the data received by my Contact Form Services instances may be viewable by me if I elect to do so. I acknowledge that I will make every best effort to contact you prior to the viewing of any such data and the purpose for such a viewing would expressly be for platform security purposes.
• In the event of your Contact Form Services plan reaching the cap of its monthly submission allowance, you acknowledge that service will be interrupted until you purchase a larger allowance for your plan.

Support Plans

• All clients are entitled to the Standard support plan, free of charge.
• Clients have the option of subscribing to a premium support plan, Enhanced or Premier.
• I confirm that I will use commercially reasonable efforts to achieve the stated objectives of all support plans.
• I reserve the right to increase or decrease the severity of a ticket, if I believe it to be better served at a lower severity level.
• Clients are entitled to service credit, in the event of total unavailability of support services, when they are requested or an automated event is generated that would activate support services.
• Clients are also entitled to service credit, when the agreed response times and response windows for their support plan, are not met.
• Service Credit is handled on a per case basis, but in general it will be a percentage of the overall payment for your support plan, metered on the length of time outside of the response window that no action was taken.