These terms outline how Evergreen Design Studio provides one-off projects and subscription-based design services.
1.1. Evergreen Design Studio (“we”, “our”, or “us”) provides creative services including website design, branding, hosting, and related digital services.
1.2. By engaging Evergreen Design Studio, accepting a proposal, making payment, or using our services, clients agree to these Terms & Conditions.
1.3. These Terms & Conditions apply to all services provided by Evergreen Design Studio unless otherwise stated in a separate written agreement.
1.4. Evergreen Design Studio reserves the right to update these Terms & Conditions at any time. Updated terms will apply from the date of publication on the Evergreen Design Studio website unless otherwise stated.
2.1. Package pricing listed on the Evergreen Design Studio website is based on the outlined inclusions for each service.
2.2. Additional features, functionality, pages, revisions, or services requested prior to project commencement may be added to the project proposal and invoiced accordingly.
2.3. Additional requests made after project commencement may require a separate quote, revised timeline, or additional invoice.
2.4. Proposals remain valid for 14 days from the issue date unless otherwise stated in writing.
2.5. Acceptance of a proposal, invoice, reoccuring fee, contract, or payment constitutes agreement to these Terms & Conditions.
2.6. Project commencement dates and booking availability are not confirmed until the required deposit payment has been received.
2.7. Third party costs including hosting, domains, premium plugins, stock assets, software subscriptions, or external services are not included unless otherwise stated in the proposal or contract.
2.8. Evergreen Design Studio reserves the right to revise package pricing, service inclusions, or availability prior to proposal acceptance.
3.1. Mini Website packages require a 50% deposit to secure the booking, with the remaining 50% due prior to final delivery and launch.
3.2. Custom Website packages are split into three staged payments:
3.3. Brand and Website packages are split into three staged payments:
3.4. Branding packages are split into three staged payments:
3.5. Invoices are due within 7 days of issue unless otherwise agreed in writing.
3.6. Evergreen Design Studio reserves the right to pause work, delay launch dates, or withhold files, website access, and final deliverables until all outstanding payments have been received in full unless otherwise agreed in writing.
3.7. Payments are accepted via Stripe or bank transfer only.
3.8. Payments are considered received only once confirmed through Stripe or the nominated bank account. Pending, disputed, failed, or reversed transactions will not be treated as completed payments.
3.9. The client is responsible for ensuring sufficient funds are available for scheduled payments.
3.10. Payment plans may be arranged upon client request and must be agreed upon in writing prior to project commencement.
3.11. Projects requiring expedited timelines, priority scheduling, or rushed delivery may incur a rush fee of 25% of the total project cost. This fee will be added to the final invoice.
3.12. Projects paused by the client after commencement may incur a pause fee of 10% of the total project cost to cover scheduling disruptions and administrative costs. This fee will be invoiced separately.
3.13. If a project is cancelled by the client after commencement, the client is responsible for payment of all work completed up to the cancellation date, with a minimum cancellation fee of 25% of the total project cost. This fee will be invoiced separately.
3.14. If no communication or required project materials are received from the client for a period of 14 consecutive days, Evergreen Design Studio reserves the right to place the project on hold. A restart fee of 10% of the total project cost may apply before work resumes and will be invoiced separately.
3.15. Evergreen Design Studio is currently not registered for GST.
3.16. All pricing is listed in Australian Dollars (AUD) unless otherwise stated. For international clients, proposal and invoice pricing may be converted into USD based on the exchange rate applicable on the date the proposal or invoice is issued.
4.1. Projects officially commence on the scheduled kick-off call date unless otherwise agreed in writing.
4.2. Between proposal acceptance and the kick-off call, clients are expected to provide requested materials, content, assets, and information required for project preparation and creative direction research.
4.3. Where all requested materials are provided prior to the kick-off call, Evergreen Design Studio may complete preliminary research, planning, and creative direction preparation in advance of the scheduled project commencement date.
4.4. If requested materials or information have not been provided before the scheduled kick-off call, the session may be shortened, limited in scope, or focused primarily on strategy and project planning.
4.5. Delays in client communication, approvals, feedback, content delivery, or required assets may result in revised timelines, delayed launch dates, or project rescheduling.
4.6. Approved work, concepts, designs, and completed project stages are considered final. Additional changes requested after approval may incur additional fees and revised timelines.
4.7. Websites are tested on the latest versions of major browsers including Google Chrome, Safari, Mozilla Firefox, and Microsoft Edge. Additional browser or device testing may be available upon request and may incur additional fees.
4.8. Evergreen Design Studio reserves the right to pause, reschedule, or extend project timelines where required communication, approvals, materials, or content are not provided within reasonable timeframes.
4.9. Mini Website projects operate on accelerated timelines. Clients are expected to provide all required content, assets, approvals, and feedback within requested timeframes. Delays in communication or missing materials may result in timeline extensions, project rescheduling, or additional fees.
4.10. Evergreen Design Studio will communicate project updates, approvals, and required actions through agreed communication channels. Clients are responsible for reviewing and responding within reasonable timeframes to avoid delays.
4.11. Clients are responsible for reviewing and approving all final content, spelling, imagery, and information prior to project launch or final file delivery.
4.12. Project timelines and estimated delivery dates are provided as guides only and may vary depending on client communication, feedback, approvals, third party services, or unforeseen project requirements.
4.13. Evergreen Design Studio reserves the right to decline, modify, or exclude any client-supplied logos, concepts, mockups, imagery, copy, or creative materials considered unsuitable, inaccurate, low quality, unlicensed, or inconsistent with the project direction or professional standards of the studio.
4.14. This includes materials, concepts, mockups, branding elements, or content generated using artificial intelligence (AI) tools or third party platforms.
4.15. Client-supplied copywriting may be edited, refined, rewritten, shortened, expanded, or strategically adjusted by Evergreen Design Studio to improve clarity, brand alignment, messaging, readability, SEO, accessibility, or conversion performance.
4.16. Where client-supplied copy or content is suspected to be heavily generated using artificial intelligence (AI), Evergreen Design Studio reserves the right to revise, rewrite, or restructure the content to better align with the project strategy, brand voice, readability, and quality standards.
4.17. While Evergreen Design Studio takes reasonable steps to coordinate website launches, migrations, staging environments, and publication timing, occasional technical issues, temporary visibility, indexing, caching, or unintended public access may occur during development, testing, or deployment processes.
4.18. Clients are responsible for providing final launch approval prior to public website release where applicable.
5.1. All concepts, designs, development work, drafts, source files, and deliverables created by Evergreen Design Studio remain the intellectual property of Evergreen Design Studio until all outstanding invoices and payments have been received in full.
5.2. Upon full payment, ownership of the final approved deliverables transfers to the client unless otherwise stated in writing.
5.3. Third party assets, fonts, software, plugins, templates, stock imagery, and licensed materials remain subject to their respective third party licensing agreements and are not transferred to the client unless explicitly stated.
5.4. Evergreen Design Studio reserves the right to display, reproduce, publish, and promote completed or published projects within portfolios, social media, marketing materials, awards submissions, and other promotional content unless otherwise agreed in writing.
5.5. Evergreen Design Studio retains ownership of any unused concepts, draft materials, preliminary designs, development files, strategies, creative direction work, or unapproved deliverables not included within the final approved project. Evergreen Design Studio reserves the right to reuse, adapt, develop, or incorporate these materials into future projects, concepts, templates, or promotional work.
5.6. Clients are responsible for ensuring they hold the appropriate rights, permissions, licenses, and approvals for all content, imagery, copy, trademarks, branding elements, and materials supplied to Evergreen Design Studio, including content generated using artificial intelligence (AI) tools or third party platforms.
5.7. Evergreen Design Studio will not be held liable for any copyright infringement, trademark disputes, licensing issues, legal claims, or damages arising from materials, content, or assets supplied or approved by the client.
5.8. Clients are responsible for reviewing the accuracy, suitability, originality, and final approval of all materials, content, briefs, responses, and assets submitted to Evergreen Design Studio.
5.9. Temporary access to collaborative platforms, working files, presentation links, wireframes, or design environments including Figma may be provided during the project process. Unless otherwise stated in the proposal or contract, ongoing access to these files, platforms, or environments is not included after project completion.
5.10. Evergreen Design Studio retains ownership of any proprietary processes, frameworks, templates, systems, development methods, or reusable design components used during the project process.
6.1. Hosting, domain registration, maintenance, and related website services are offered separately unless otherwise stated within a package, proposal, or contract.
6.2. Evergreen Design Studio may provide managed hosting or website care services which may include setup, maintenance, updates, renewals, monitoring, or basic technical support depending on the selected plan or agreement.
6.3. All hosting and domain services are provided through trusted third-party providers. While Evergreen Design Studio takes reasonable steps to manage and monitor these services where applicable, we are not liable for downtime, outages, server failures, software conflicts, cyber attacks, data loss, DNS issues, email disruptions, or external network interruptions caused by third-party providers.
6.4. While Evergreen Design Studio takes reasonable steps to maintain website reliability and security, uninterrupted service, uptime, or error-free performance cannot be guaranteed.
6.5. Clients are responsible for maintaining their own backups unless regular backups are explicitly included within an active hosting or maintenance plan managed by Evergreen Design Studio.
6.6. Failure to pay hosting, maintenance, or domain renewal invoices by the required due date may result in suspension of services, website downtime, loss of access, or permanent data loss. Evergreen Design Studio will provide reasonable notice where possible but is not liable for issues arising from missed or late renewals.
6.7. Domain names purchased on behalf of clients remain the responsibility of the client. Evergreen Design Studio is not liable for expired domains, renewal failures, transfer issues, or ownership disputes where accurate account information or payment details have not been maintained.
6.8. Domain transfers, DNS changes, and registrar updates may take up to 7 business days or longer depending on the provider or transfer requirements. Delays in providing domain access, transfer approvals, or required account information may result in revised project timelines, delayed launches, or rescheduled delivery dates.
6.9. Website contact forms, email forwarding, SMTP services, and email deliverability may depend on the client’s email provider, DNS configuration, hosting environment, and third-party services. Additional setup, premium plugins, external SMTP services, or advanced configuration may be required to ensure reliable email delivery, particularly where non-Google or custom email providers are used.
6.10. Technical support, maintenance requests, and website updates are provided within the scope of the client’s active hosting or maintenance plan. Additional work outside the included scope may incur separate fees.
6.11. Evergreen Design Studio is not liable for website, email, domain, DNS, form, hosting, or functionality issues caused by client-made changes, third-party modifications, account access changes, plugin installations, email provider changes, DNS updates, or alterations made without prior notification to Evergreen Design Studio. Where possible, reasonable assistance may be provided to help resolve the issue, however, additional fees may apply.
6.12. Websites and third-party integrations may occasionally experience technical issues, compatibility conflicts, display inconsistencies, or unexpected functionality changes due to software updates, browser changes, plugin conflicts, hosting environments, or external services. Evergreen Design Studio will take reasonable steps to investigate and resolve issues within the scope of the client’s hosting or maintenance plan where applicable.
6.13. The following clauses apply where clients choose to independently manage their website, hosting, domains, or related services following project handover.
6.14. Where clients choose to manage their own hosting, domains, maintenance, updates, backups, renewals, security, or website administration following project handover, the client accepts full responsibility for the ongoing management, performance, security, availability, and maintenance of the website and related services.
6.15. Evergreen Design Studio is not liable for downtime, security breaches, expired services, broken functionality, compatibility conflicts, lost data, email disruptions, or other issues arising after website handover where ongoing hosting, maintenance, or website management is not actively provided by Evergreen Design Studio.
6.14. Response times and support availability may vary depending on the client’s active hosting or maintenance plan, business hours, project workload, and the nature of the request.
6.15. Website migrations, hosting transfers, domain transfers, or third-party platform changes requested by the client may require additional fees and revised timelines depending on the complexity of the request.
6.16. Evergreen Design Studio reserves the right to temporarily suspend hosting or website access where a website is identified as posing a security risk, malware threat, spam risk, or server stability issue to protect hosting infrastructure and related services.
6.17. Certain plugins, themes, software licenses, integrations, or third-party services included within hosting or maintenance plans may become unavailable, discontinued, unsupported, or subject to pricing changes by the original provider. Evergreen Design Studio reserves the right to replace, remove, or recommend alternative solutions where required.
6.18. Clients are responsible for maintaining accurate access details, billing information, and authorised contact information for all hosting, domain, email, and related service accounts.
7.1. Evergreen Design Studio reserves the right to display, reproduce, publish, and promote completed projects, progress work, concepts, website designs, branding materials, before-and-after examples, and related creative content across portfolios, websites, social media platforms, marketing materials, awards submissions, and promotional channels unless otherwise agreed in writing.
7.2. Evergreen Design Studio may share behind-the-scenes content, design process insights, development progress, or general project information provided no confidential, sensitive, or personal client information is disclosed without permission.
7.3. Any promotional content containing identifiable personal information, private business information, unreleased materials, or sensitive client data will only be published with the client’s prior consent where required.
7.4. Evergreen Design Studio may include a small design credit, such as “Website by Evergreen Design Studio”, within website footers or applicable project deliverables unless otherwise agreed in writing prior to project completion.
7.5. Removal of Evergreen Design Studio attribution or website credit links is available upon request and may incur an additional fee.
7.6. Evergreen Design Studio may publicly announce or share completed project launches across social media, portfolios, newsletters, or promotional platforms unless otherwise agreed in writing prior to launch.
8.1. Clients are responsible for providing accurate, complete, and up-to-date information, content, assets, approvals, feedback, and required materials within reasonable timeframes throughout the project process.
8.2. Clients are responsible for ensuring that all materials, content, imagery, branding elements, trademarks, copy, and assets supplied to Evergreen Design Studio comply with applicable copyright laws, intellectual property rights, Australian laws, and relevant regulations.
8.3. Evergreen Design Studio will not be held liable for copyright infringement, legal disputes, claims, damages, or losses arising from materials, content, or assets supplied, approved, or published by the client.
8.4. Clients are responsible for maintaining access to relevant third-party accounts, domain providers, hosting providers, email services, social media accounts, and external platforms required for project completion or website functionality.
8.5. Delays in providing approvals, access, feedback, content, or required information may affect project timelines and delivery schedules.
8.6. Clients are responsible for reviewing and approving all final deliverables, content, spelling, imagery, functionality, and business information prior to website launch or final file delivery.
8.7. Clients are responsible for maintaining the security and confidentiality of their account credentials, login information, passwords, and authorised user access for all third-party platforms and services related to the project.
9.1. Deposits and payments made toward project bookings, design work, strategy, research, creative direction, development, or reserved project time are non-refundable once work has commenced unless otherwise required by Australian Consumer Law.
9.2. If a project is cancelled by the client after commencement, the client remains responsible for payment of all completed work, scheduled work, administrative time, and project costs incurred up to the cancellation date, including any applicable cancellation fees outlined within these Terms & Conditions.
9.3. Hosting, maintenance, website care plans, recurring services, and subscription-based services may be cancelled prior to the next billing cycle unless otherwise agreed in writing. Payments already processed for the current billing period are non-refundable.
9.4. Where Evergreen Design Studio is unable to complete the agreed services due to unforeseen circumstances, illness, technical failure, or events outside reasonable control, any refund, partial refund, account credit, or alternative arrangement will be assessed reasonably based on the work completed and project stage.
9.5. Refunds will not be provided for completed work, approved deliverables, completed project stages, change-of-mind decisions, delays caused by the client, or dissatisfaction arising from client-supplied content, materials, or approvals.
9.6. Clients are encouraged to contact Evergreen Design Studio directly to attempt resolution prior to initiating chargebacks, payment disputes, or reversals through financial institutions or payment providers.
9.7. Project deposits secure booking availability, scheduling, research, preparation time, and project allocation within Evergreen Design Studio’s workflow.
9.8. Projects inactive for extended periods due to lack of client communication, approvals, content, or required materials may be cancelled, archived, or subject to restart fees at the discretion of Evergreen Design Studio.
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. To the maximum extent permitted by law, Evergreen Design Studio is not liable for any loss of profit, revenue, data, business opportunity, reputational damage, security breaches, or other financial loss resulting from the use of our services, materials, websites, hosting, third-party platforms, delays, downtime, or external service interruptions.
10.4. To the maximum extent permitted by law, Evergreen Design Studio is not liable for indirect, incidental, consequential, or special damages arising from the use of our services, project deliverables, websites, hosting environments, third-party services, or client actions.
10.5. To the maximum extent permitted by law, Evergreen Design Studio’s total liability relating to any claim, project, service, or agreement is limited to the total amount paid by the client for the specific service giving rise to the claim.
11.1. Evergreen Design Studio may provide access to a client portal for project communication, file sharing, approvals, invoices, resources, or related services.
11.2. While reasonable steps are taken to maintain portal functionality, security, and accessibility, Evergreen Design Studio does not guarantee uninterrupted access, permanent file storage, or error-free performance of the client portal.
11.3. Clients are responsible for downloading and securely storing their own copies of important files, approvals, assets, invoices, and project materials.
11.4. While Evergreen Design Studio takes reasonable steps to maintain the functionality and reliability of the client portal, occasional technical issues, software conflicts, data inconsistencies, or unintended loss of information may occur during maintenance, updates, development changes, or third-party service interruptions.
11.5. Clients are responsible for retaining their own copies of important files, written content, approvals, assets, invoices, and project materials submitted through the client portal.
11.6. To the maximum extent permitted by law, Evergreen Design Studio is not liable for lost data, deleted content, corrupted files, interrupted access, technical issues, or other damages arising from the use of the client portal.
11.7. Final deliverables and approved project files will generally be supplied through a separate delivery method such as Google Drive unless otherwise stated. Clients are responsible for downloading, organising, and securely storing their own copies of all final deliverables following project completion.
11.8. Clients are responsible for maintaining the confidentiality and security of their client portal login credentials and authorised account access.
12.1. Evergreen Design Studio will take reasonable steps to protect confidential, sensitive, or private information provided by clients throughout the project process.
12.2. Confidential information will not be intentionally disclosed to third parties unless required for project completion, required by law, authorised by the client, or otherwise permitted within these Terms & Conditions.
12.3. Clients acknowledge that Evergreen Design Studio may use trusted third-party platforms, software providers, hosting providers, payment processors, communication tools, and cloud storage services during the delivery of services.
12.4. Portfolio rights, promotional usage, project sharing, social media content, and public project displays remain subject to Section 7 of these Terms & Conditions unless otherwise agreed in writing.
12.5. While Evergreen Design Studio takes reasonable steps to maintain confidentiality and data security, absolute security of digital communications, cloud platforms, hosting environments, third-party services, or online systems cannot be guaranteed.
13.1. Revision rounds, deliverables, support periods, and included services vary depending on the selected package, proposal, hosting plan, or agreement.
13.2. Unless otherwise stated within the proposal or contract, projects include a limited number of reasonable revision rounds relevant to the approved project scope.
13.3. Additional revisions, change requests, content updates, redesign requests, or work outside the approved scope may incur additional fees and revised timelines.
13.4. Post-launch or post-delivery support is limited to the scope and timeframe outlined within the client’s package, proposal, hosting plan, maintenance agreement, or contract.
13.5. Evergreen Design Studio is not responsible for issues arising from third-party updates, plugin conflicts, client-made changes, expired licenses, external integrations, hosting changes, or modifications made after project completion or handover.
13.6. Delays in providing revision feedback, approvals, or requested changes may result in revised timelines, project rescheduling, or additional fees where applicable.
14.1. These Terms & Conditions are governed by the laws of New South Wales, Australia.
14.2. Any disputes arising in connection with these Terms & Conditions or services provided by Evergreen Design Studio will be subject to the jurisdiction of the courts of New South Wales, Australia.
14.3. Where reasonable, both parties agree to attempt resolution through good-faith communication or mediation prior to commencing formal legal proceedings.
15.1. Evergreen Design Studio reserves the right to update, revise, or modify these Terms & Conditions at any time. The latest version will always be published on this page and will include the effective date.
Last updated: May 2026
Questions or concerns about these Terms & Conditions?
Please contact: caitlin@evergreendesign.studio