Terms and Conditions
The following Terms and Conditions of Service apply to all products and services provided by Erin Morris and Evergreen Design Studio, henceforth known as Evergreen Design Studio.
All work is carried out by Evergreen Design Studio on the understanding that the client has agreed to Evergreen Design Studio’s terms and conditions.
Copyright is retained by Evergreen Design Studio on all design work including words, pictures, ideas, visuals, and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of design is presented, only one solution is deemed to be given by Evergreen Design Studio as fulfilling the contract. All other designs remain the property of Evergreen Design Studio, unless agreed in writing that this arrangement has been changed.
At the time of proposal, Evergreen Design Studio will provide the customer with a written estimate. The full Terms and Conditions can be read on Evergreen Design Studio’s website.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Evergreen Design Studio. Alternatively, the client may send an official order in reply to the estimate, which binds the client to accept Evergreen Design Studio’s terms and conditions. In addition, after acceptance of the estimate, a contract will be signed by both parties. No work on a project will commence until both the accepted estimate and signed contract have been received by Evergreen Design Studio.
Charges for design services to be provided by Evergreen Design Studio, will be set out in the written estimate that is provided to the customer. At the time of the customer’s signed acceptance of this estimate, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Evergreen Design Studio has received this amount.
If a project becomes 14 days overdue due to client not adhering to the timeline and deadlines established in the estimate or contract, the project will be given a new schedule. If this new schedule does not work for the client, an accelerated timeframe can be applied for a 50% rush fee charge.
Charges for Other Services
Charges for any additional services over and above the original estimated design, will become fully payable (100% of the quoted amount) immediately upon completion of the job.
The customer will be provided with an Approval Form and/or Review of the work provided with an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and submit the Approval Form to Evergreen Design Studio. Accounts which remain outstanding for 15 days after the date of invoice, will incur an extra charge of 5% per month of the outstanding amount.
Payments may be made by cash, check, major credit card, or money order and/or previously agreed upon electronic funds transfer.
Publication and/or release of work done by Evergreen Design Studio on behalf of the client, may not take place before cleared funds have been received.
Returned checks will incur an additional fee of $50 per returned check. Evergreen Design Studio reserves the right to consider an account to be in default in the event of a returned check.
An account shall be considered default if it remains unpaid for 15 days from the date of invoice, or following a returned check. Evergreen Design Studio shall be considered entitled to remove Evergreen Design Studio’s and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, business cards, flyers, pamphlets, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of it’s obligation to pay the due amount. Customers whose accounts become default agree to pay Evergreen Design Studio’s reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Evergreen Design Studio for inclusion in the customer’s business cards, flyers, pamphlets, website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Evergreen Design Studio on behalf of the customer, will remain the property of Evergreen Design Studio and/or it’s suppliers.
The customer may request in writing from Evergreen Design Studio, the necessary permission to use materials for which Evergreen Design Studio holds the copyright in forms other than for which it was originally supplied, and Evergreen Design Studio may, at its discretion, grant this. Such permission must be obtained in writing before Evergreen Design Studio will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to Evergreen Design Studio, the customer grants Evergreen Design Studio permission to use this material freely in the design.
Should Evergreen Design Studio, or the customer supply an image, text, audio clip or any other file for use in a business cards, flyers, pamphlets, website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Evergreen Design Studio to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Evergreen Design Studio free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
The customer also agrees that Evergreen Design Studio holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by Evergreen Design Studio, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Evergreen Design Studio and any of it’s relevant sub-contractors.
All design work- where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Evergreen Design Studio will not be held responsible for any and all damages resulting from such claims. Evergreen Design Studio is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Evergreen Design Studio responsible for any such loss or damage. Any claim against Evergreen Design Studio shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Evergreen Design Studio’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Evergreen Design Studio in electronic format as a standard text (.txt) file, a Microsoft Word (.doc) file, or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Evergreen Design Studio via e-mail or online cloud storage such as Dropbox. Images must be of a quality suitable for use without any subsequent image processing, and Evergreen Design Studio will not be held responsible for any image quality which the client later deems to be unacceptable. Evergreen Design Studio cannot be held responsible for the quality of any images which the client has provided.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
Design Project Duration
Any indication given by Evergreen Design Studio of a design project’s duration is to be considered by the customer to be an estimation. Evergreen Design Studio cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Evergreen Design Studio for the initial payment or by date confirmed in writing by Evergreen Design Studio.
The client is expected to adhere to deadlines established in the estimate and throughout the project. If a project becomes 14 days overdue due to client not adhering to the timeline and deadlines established in the estimate or contract, the project will be given a new schedule. If this new schedule does not work for the client, an accelerated timeframe can be applied for a 50% rush fee charge.
Rights of Access for Website Construction
The client agrees to allow Evergreen Design Studio all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow Evergreen Design Studio access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply Evergreen Design Studio with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design Project Completion
Evergreen Design Studio considers the design project complete upon receipt of the customer’s Review and signed Approval form. Other services such as printing, display panel production, filmwork, website uploading, publishing etc., either contracted on the clients behalf or created in house constitute a separate project and can be treated as a separate charge.
Website Design Only
Once web design is complete, Evergreen Design Studio will provide the customer with the opportunity to review the resulting work. Evergreen Design Studio will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, color schemes or any navigation features. Any minor changes can be notified to Evergreen Design Studio by e-mail.
Evergreen Design Studio will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
Our Website is intended for the use of adults and individuals 13 years of ages and older. Our Website is not directed to children under the age of 13. Users under the age of 13 must have the permission and/or assistance of an adult while using or visiting our Website.
Evergreen Design Studio does not offer in-house hosting services. Evergreen Design Studio can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Evergreen Design Studio may request that clients change the type of hosting account used if that account is deemed by Evergreen Design Studio to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organization are the responsibility of the client and Evergreen Design Studio are not liable for their payment.
Evergreen Design Studio cannot guarantee the availability of any domain name. Where Evergreen Design Studio is to register a domain name on behalf of a client it will endeavor to do so but the client should not assume a successful registration.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Evergreen Design Studio cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.
The customer agrees to allow Evergreen Design Studio to place a small credit on printed material exhibition displays, advertisements and/or a link to Evergreen Design Studio’s own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow Evergreen Design Studio to place websites and other designs, along with a link to the client’s site on Evergreen Design Studio’s own website for demonstration purposes and to use any designs in its own publicity.
Rights of Refusal
Evergreen Design Studio will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Evergreen Design Studio also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Evergreen Design Studio does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Evergreen Design Studio to remove the contravention without hindrance, or penalty. Evergreen Design Studio is to be held in no way responsible for any such data being included.
Cancellation of orders may be made by telephone, but must followed up in writing to Evergreen Design Studio’s email. The client will be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Evergreen Design Studio within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Evergreen Design Studio makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Evergreen Design Studio will not be held responsible for any and all damages resulting from products and/or services it supplies. Evergreen Design Studio is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While Evergreen Design Studio takes reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Evergreen Design Studio responsible for any such loss or damage. Any claim against Evergreen Design Studio shall be limited to the relevant fee(s) paid by the customer.
Evergreen Design Studio reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Evergreen Design Studio will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Evergreen Design Studio and its clients agree to comply with Printer’s Terms and Conditions which can include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Evergreen Design Studio recommends that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Evergreen Design Studio reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Estimate, Quotation, and Terms and Conditions
The placement of an order for design and/or any other services offered by Evergreen Design Studio and validated by the customer’s signature on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Evergreen Design Studio.