1. Introduction
Evergreen Design Studio (“we”, “our”, “us”) provides creative services through two models: one-off projects and ongoing design subscriptions. By engaging with us, you agree to these terms and conditions.
These terms apply to all services unless a separate written agreement states otherwise.
2. Quotes and Estimates
2.1. All quotes are based on the project brief and scope discussed with you. Changes to the brief after acceptance may result in additional charges.
2.2. Quotes remain valid for 30 days from the issue date unless otherwise stated.
2.3. Acceptance of a quote or subscription plan constitutes agreement to these Terms & Conditions.
3. Payment Terms
One-Off Projects
- A 50% deposit is required before work begins, with the remaining 50% due upon completion, prior to final file delivery or website launch.
- Invoices are due within 7 days of issue unless otherwise agreed.
- Work may be paused if payments are late. Files and access remain the property of Evergreen Design Studio until payment is received in full.
Subscription Services
- Subscriptions are billed automatically each month through Stripe.
- Clients may cancel their subscription anytime through the client portal. The cancellation will take effect at the end of the current billing period.
- If no design requests are submitted within the first 7 days of a new subscription, clients may request a full refund.
- After 7 days or once work has begun, no refunds will be issued due to the nature of creative and digital services.
- To pause a subscription, clients must submit a written request by email or message. Pauses are not available through the client portal.
- During an active subscription, clients may submit unlimited design requests, handled one at a time, with an average turnaround of 3–5 business days per request.
General Payment Terms
- All payments are processed securely through Stripe. We do not store payment details.
- Late payments may delay project timelines or suspend service access.
4. Project Process
- Projects begin once required materials (e.g., text, logos, content) are received.
- Delays in client feedback or asset delivery may extend turnaround times.
- Approved work is considered final. Additional changes after approval may incur extra fees.
- We test websites on the latest versions of major browsers (Chrome, Safari, Firefox, Edge). Testing on other platforms is available on request.
5. Ownership and Intellectual Property
- All design and development work remains the property of Evergreen Design Studio until payment is received in full.
- After full payment, ownership of final deliverables transfers to you, except for any third-party assets, fonts, or software used under license.
- We reserve the right to showcase completed projects in our portfolio and marketing materials.
6. Hosting and Domains
- Hosting and domain services are offered separately unless included in a specific package or plan.
- Evergreen Design Studio may provide managed hosting as part of a plan, which includes setup, renewals, and basic maintenance. All hosting is provided through trusted third-party providers.
- While we take reasonable steps to ensure reliability, Evergreen Design Studio is not responsible for downtime, outages, data loss, or other issues caused by hosting providers, server failures, or external network disruptions, even when clients are on a managed hosting plan.
- Clients are responsible for maintaining website backups unless their hosting or maintenance plan specifically includes regular backups managed by Evergreen Design Studio.
- Failure to pay for hosting or domain renewals on time may result in suspension or loss of data. We will provide reasonable notice where possible but are not liable for missed renewals or any resulting issues.
7. Credit and Social Media Sharing
- Evergreen Design Studio reserves the right to display completed projects, progress shots, before-and-after examples, and other creative work for portfolio, promotional, or educational purposes across social media, the Evergreen website, and other marketing materials.
- We may share behind-the-scenes content, design process examples, or general project information that does not include the client’s personal or confidential information.
- Any post or content that includes identifiable personal information (such as names, photos, or sensitive business data) will only be shared with the client’s written consent.
- Evergreen Design Studio includes a small design credit (“Website by Evergreen Design Studio”) with a link in the footer of websites and other applicable projects. This credit must remain visible unless removal is agreed to in writing before project completion.
- If a client does not wish their project to be featured on social media or in promotional materials, they must submit a written request to Evergreen Design Studio before or immediately after project completion.
8. Client Responsibilities
- You are responsible for providing accurate information, content, and feedback in a timely manner.
- You must ensure that all materials provided comply with copyright and Australian law.
- Evergreen Design Studio will not be liable for content supplied by you that infringes on the rights of others.
9. Cancellations and Refunds
9.1. For one-off projects, cancellation after work begins will incur charges for work completed to date (minimum 25% of the quoted amount).
9.2. For subscriptions, clients may cancel anytime before the next billing cycle. No refunds are provided for current billing periods after work has begun.
9.3. If no design requests are made within the first 7 days of a new subscription, clients may request a full refund.
9.4. If Evergreen Design Studio is unable to complete work due to unforeseen circumstances (e.g., illness or technical failure), any uncompleted portion will be refunded in good faith.
10. Limitation of Liability and No Guarantee of Results
10.1. While every effort is made to provide high-quality work and reliable service, Evergreen Design Studio does not guarantee specific results, performance outcomes, search engine rankings, lead generation, or financial returns from any project or service.
10.2. Clients understand that the effectiveness of a website or design depends on many external factors beyond our control, including market conditions, advertising, content, competition, and user behaviour.
10.3. Evergreen Design Studio is not responsible for any loss of profit, revenue, data, or business opportunity resulting from the use of our services or materials, including any temporary or permanent interruption of service, delay, or third-party failure.
10.4. We are also not liable for indirect, incidental, or consequential damages arising from project use, website downtime, or client actions.
10.5. Our total liability is strictly limited to the total fees paid by the client for the specific project or month of subscription service that gave rise to the claim.
11. Confidentiality
All client information and project materials are kept confidential and are never shared publicly without permission.
12. Revisions and Support
12.1. One-off projects include up to two rounds of revisions per deliverable unless otherwise specified.
12.2. Subscriptions include unlimited requests handled one at a time, with revisions included during active subscription periods.
12.3. Post-launch support for one-off projects is provided for 30 days unless extended under a maintenance plan.
13. Governing Law
These Terms & Conditions are governed by the laws of New South Wales, Australia. Any disputes will be handled in local courts or through mutual mediation first.
14. Updates to These Terms
We may update these Terms & Conditions periodically. The latest version will always be posted on this page and include the effective date.
Last updated: November 2025