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. The customer or user will be henceforth known as “client”, “the client”, “clients”, or “you”.
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 client with a written estimate. The full Terms and Conditions can be read on Evergreen Design Studio’s website.
A copy of the proposal is to be signed and dated by the client to indicate acceptance and should be returned to Evergreen Design Studio. Alternatively, the client may send an official order in reply to the proposal, which binds the client to accept Evergreen Design Studio’s terms and conditions. In addition, after acceptance of the proposal, a contract will be signed by both parties. No work on a project will commence until both the accepted proposal 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 proposal that is provided to the client. At the time of the client’s signed acceptance of this proposal, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% or 100% of the quoted fee will become immediately due. Work on the project will not commence until Evergreen Design Studio has received this amount.
The client is responsible for any applicable sales or use taxes, even if they are calculated after the fact.
If a project becomes 7 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 project will become fully payable (100% of the quoted amount) immediately upon completion of the job and before delivery of the final product.
The client will be provided with an Approval Form prior to final delivery and publication of the project. At this time the remainder of the amount due will become payable and the client 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, electronic funds transfer, or major credit card.
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.
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 client’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 client of their obligation to pay the due amount. Clients whose accounts become default agree to pay Evergreen Design Studio’s reasonable legal expenses and third party collection agency fees in the enforcement of the project contract and these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Evergreen Design Studio for inclusion in the client’s business cards, flyers, pamphlets, website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Evergreen Design Studio on behalf of the client, will remain the property of Evergreen Design Studio and/or its suppliers.
The client 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 client grants Evergreen Design Studio permission to use this material freely in the design.
Should Evergreen Design Studio, or the client supply an image, text, audio clip or any other file for use in 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 client will agree to allow Evergreen Design Studio to remove and/or replace the file on the site.
The client agrees to fully indemnify and hold Evergreen Design Studio free from harm in any and all claims resulting from the client not having obtained all the required copyright, and/or any other necessary permissions.
The client 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 client 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 client 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 its 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 client 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 client.
The client agrees to Evergreen Design Studio’s definition of acceptable means of supplying data to the company.
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 client 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 7 days overdue due to client not adhering to the timeline and deadlines established in the proposal 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 client 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 client 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 client’s signed approval. Other services such as printing, display panel production, filmwork, website uploading, publishing etc., either contracted on the client’s 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 client 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 client, 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 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. The client wll be responsible for the yearly domain registration fee and any other fees associated with domain registration unless expressly outlined otherwise in a contract.
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.
1. If one year of hosting is included on the proposal and invoice with purchase of a website design, this hosting service will begin on the date of the first payment made by the client to Evergreen Design Studio. The website hosting service will be contracted through a third party service provider and Evergreen Design Studio will not be held liable for issues or failures associated with this third party hosting provider. Evergreen Design Studio reserves the right to move website files and databases from one third party hosting provider to another for better service or for any reason whatsoever, and without notification to clients. At the end of this one year, clients may choose to continue hosting through Evergreen Design Studio by securing a Website Maintenance Agreement or clients may move hosting services to their own provider. Clients agrees to provide a minimum of 30 days notice of intention before the end of the one year contract. If clients choose to move hosting services to their own provider, they agree to provide 30 days notice of intention to do so and appropriate access information for a succesful smooth transition of services. Evergreen Design Studio will make every effort to ensure a smooth transition, but cannot be held liable for defaults on the client’s part including but not limited to failure to respond in a timely manner, failure to provide new hosting access login information, failure to provide new host with information necessary to transfer files and databases from Evergreen Design Studio’s third party hosting service to the client’s host. Clients agree that they understand that website files and databases that are on Evergreen Design Studio’s third party hosting provider’s servers that are not under a website maintenance contract puts the other websites on the server at risk and will not be tolerated. A grace period may be granted in unusual circumstances not to exceed 14 days. At the end of a web maintenance contract, Evergreen Design Studio will not be held accountable for maintaining any files or databases associated with said website and clients agree they understand these files will be deleted and inaccessible to them anymore.
2. Website Maintenace Agreements include website hosting. The website hosting service will be contracted through a third party service provider and Evergreen Design Studio will not be held liable for issues or failures associated with this third party hosting provider. Evergreen Design Studio reserves the right to move website files and databases from one third party hosting provider to another for better service or for any reason whatsoever, and without notification to clients. Clients agree to provide a minimum of 30 days notice of intention before the end of the one year contract. If clients choose to terminate a website maintenance contract, they agree to provide 30 days notice of intention to do so and necessary information needed to access the new host. Evergreen Design Studio will make every effort to ensure a smooth transition, but cannot be held liable for defaults on the client’s part including but not limited to failure to respond in a timely manner, failure to provide new hosting access login information, failure to provide new host with information necessary to transfer files and databases from Evergreen Design Studio’s third party hosting service to the client’s host, or failure to pay new host for transfer service or hosting service. Clients agree that they understand that website files and databases that are on Evergreen Design Studio’s third party hosting provider’s servers that are not under a website maintenance contract puts the other websites on the server at risk and will not be tolerated. A grace period may be granted in unusual circumstances not to exceed 14 days. At the end of a web maintenance contract, Evergreen Design Studio will not be held accountable for maintaining any files or databases associated with said website and client agree that they understand these files will be deleted and inaccessible to them anymore. It is the client’s responsibility to secure new hosting and to ensure they have taken the necessary steps required by the new host to transfer their website in a timely manner, before the end of the website maintenance agreement contract.
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 client 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 client’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 client 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 client 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 client 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 client.
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.
Accounts and Membership
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for the our Services. We may block your email address and Internet protocol address to prevent further registration.
We do not own any data, information or material (“Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
Billing and Payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same client account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Accuracy of Information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, product shipping charges, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
If third-party services are necessary to complete a project or run a website, or you decide to enable, access or use third-party services, be advised that your access and use of such other services is governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Evergreen Design Studio with respect to such other services. Evergreen Design Studio is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Evergreen Design Studio to disclose your data as necessary to facilitate the use or enablement of such other service.
We perform regular backups of the Website and Content, however, these backups are for our own administrative purposes only, and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.
Links to Other Websites
Although this Website may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services and content of any other third parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
During use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Changes and Amendments
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 Proposal and Terms and Conditions
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services. The placement of an order for design and/or any other services offered by Evergreen Design Studio and validated by the client’s acceptance of the proposal and signed contract, constitutes acceptance of the proposal and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Evergreen Design Studio.
This document was last updated on April 1, 2021.