Evergreen Creative Terms & Conditions

1. Definitions

1.1 – “Evergreen Creative” shall mean Evergreen Creative its successors and assigns or any person acting on behalf of and with the authority of Evergreen Creative.

1.2 – “Client” shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorisation or other forms as provided by the Evergreen Creative to the Client.

1.3 – “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Client on a principal debtor basis.

1.4 – “Goods” shall mean Goods supplied by the Evergreen Creative to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by the Evergreen Creative to the Client.

1.5 – “Services” shall mean all Services supplied by the Evergreen Creative to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).

1.6 – “Price” shall mean the price payable for the Goods as agreed between the Evergreen Creative and the Client in accordance with clause 3 of this contract.

2. Acceptance

2.1- Any instructions received by the Evergreen Creative from the Client for the supply of Goods and/or the Client’s acceptance of Goods supplied by the Evergreen Creative shall constitute acceptance of the terms and conditions contained herein.

2.2 – Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.

2.3 – Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of the Evergreen Creative.

2.4 – The Client shall give the Evergreen Creative not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice). The Client shall be liable for any loss incurred by the Evergreen Creative as a result of the Client’s failure to comply with this clause.

3. Price And Payment

3.1 – At the Evergreen Creative’s sole discretion the Price shall be either:

(a) as indicated on invoices provided by the Evergreen Creative to the Client in respect of Goods supplied; or

(b) the Evergreen Creative’s quoted Price (subject to clause 3.2) which shall be binding upon the Evergreen Creative provided that the Client shall accept the Evergreen Creative’s quotation in writing within thirty (30) days.

3.2 – The Evergreen Creative reserves the right to change the Price in the event of a variation to the Evergreen Creative’s quotation.

3.3 – At the Evergreen Creative’s sole discretion a deposit may be required.

3.4 – At the Evergreen Creative’s sole discretion:

(a) payment shall be due on delivery of the Goods; or

(b) payment for approved Clients shall be made by instalments in accordance with the Evergreen Creative’s payment schedule.

3.5 – Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.

3.6 – Payment will be made by cash, or by cheque, or by bank cheque, or by direct credit, or by PayPal, or by any other method as agreed to between the Client and the Evergreen Creative.

3.7- GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

4. Delivery Of Goods

4.1 – At the Evergreen Creative’s sole discretion delivery of the Goods shall take place when:

(a) the Client takes possession of the Goods at the Evergreen Creative’s address; or

(b) the Client takes possession of the Goods at the Client’s nominated address (in the event that the Goods are delivered by the Evergreen Creative or the Evergreen Creative’s nominated carrier).

4.2- At the Evergreen Creative’s sole discretion the costs of delivery are:

(a) in addition to the Price; or

(b) for the Client’s account.

4.3 – The Client shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then the Evergreen Creative shall be entitled to charge a reasonable fee for redelivery.

4.4 – Delivery of the Goods to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.

4.5 – The failure of the Evergreen Creative to deliver shall not entitle either party to treat this contract as repudiated.

4.6 – The Evergreen Creative shall not be liable for any loss or damage whatever due to failure by the Evergreen Creative to deliver the Goods (or any of them) promptly or at all.

5. Content Of Web Pages And Undertakings

5.1 – The Client is solely responsible for the content of the web page. The Evergreen Creative is not responsible for proofreading any content unless specifically agreed in writing. Any spelling errors will be the sole responsibility of the client.

5.2 – The Evergreen Creative makes no representations to the Client on the functionality or content of the Web site.

5.3 – The Client is solely responsible for dealings with persons accessing the data or web page and the Client warrants that they will not refer complaints or inquiries to such data to the Evergreen Creative.

6. Web Hosting

6.1- If the Client selects to organise their own web hosting arrangements, final exported sites will be uploaded to your preferred host company or supplied on disc as per the quoted price. Construction files of the site can be supplied on request and at the Evergreen Creative’s sole discretion may incur a fee.

6.2- The Evergreen Creative accepts no responsibility for down times, delays, breakdowns or data loss caused by Internet Service Providers.

7. Risk

7.1- If the Evergreen Creative retains ownership of the Goods nonetheless, all risk for the Goods passes to the Client on delivery.

8. Title

8.1 – The Evergreen Creative and Client agree that ownership of the Goods shall not pass until:

(a) the Client has paid the Evergreen Creative all amounts owing for the particular Goods; and

(b) the Client has met all other obligations due by the Client to the Evergreen Creative in respect of all contracts between the Evergreen Creative and the Client.

8.2 – Receipt by the Evergreen Creative of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Evergreen Creative’s ownership or rights in respect of the Goods shall continue.

8.3 – It is further agreed that:

(a) where practicable the Goods shall be kept separate and identifiable until the Evergreen Creative shall have received payment and all other obligations of the Client are met; and

(b) until such time as ownership of the Goods shall pass from the Evergreen Creative to the Client the Evergreen Creative may give notice in writing to the Client to return the Goods or any of them to the Evergreen Creative. Upon such notice the rights of the Client to obtain ownership or any other interest in the Goods shall cease; and

(c) the Evergreen Creative shall have the right of stopping the Goods in transit whether or not delivery has been made; and

(d) if the Client fails to return the Goods to the Evergreen Creative then the Evergreen Creative or the Evergreen Creative’s agent may enter upon and into land and premises owned, occupied or used by the Client, or any premises as the invitee of the Client, where the Goods are situated and take possession of the Goods; and

(e) the Client is only a bailee of the Goods and until such time as the Evergreen Creative has received payment in full for the Goods then the Client shall hold any proceeds from the sale or disposal of the Goods on trust for the Evergreen Creative; and

(f) the Client shall not deal with the money of the Evergreen Creative in any way which may be adverse to the Evergreen Creative; and

(g) the Client shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of the Evergreen Creative; and

(h) the Evergreen Creative can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Client; and

(i) until such time that ownership in the Goods passes to the Client, if the Goods are converted into other products, the parties agree that the Evergreen Creative will be the owner of the end products.

9. Client’s Disclaimer

9.1- The Client hereby disclaims any right to rescind, or cancel any contract with the Evergreen Creative or to sue for damages or to claim restitution arising out of any misrepresentation made to the Client by the Evergreen Creative and the Client acknowledges that the Goods are bought relying solely upon the Client’s skill and judgement.

10. Defects

10.1- The Client shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify the Evergreen Creative of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford the Evergreen Creative an opportunity to inspect the Goods within a reasonable time following delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Evergreen Creative has agreed in writing that the Client is entitled to reject, the Evergreen Creative’s liability is limited to either (at the Evergreen Creative’s discretion) replacing the Goods or repairing the Goods. Where the Client is a consumer as defined in the Trade Practices Act 1974 or the Fair Trading Acts, then the Client shall be entitled to either a refund, repair or replacement of the Goods.

10.2- Goods will not be accepted for return other than in accordance with 10.1 above.

11. The Commonwealth Trade Practices Act 1974 (“TPA”) and Fair Trading Acts (“FTA”)

11.1- Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.

12. Warranty

12.1- Subject to the conditions of warranty set out in clause

12.2 the Evergreen Creative warrants that if any defect in any workmanship of the web site provided by the Evergreen Creative becomes apparent and is reported to the Evergreen Creative within one (1) months of the date of delivery (time being of the essence) then the Evergreen Creative will either (at the Evergreen Creative’s sole discretion) replace or remedy the workmanship.

12.2- The conditions applicable to the warranty given by clause are:

(a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:

(i) failure on the part of the Client to properly maintain any Goods; or

(i) failure on the part of the Client to properly maintain (ii) failure on the part of the Client to follow any instructions or guidelines provided by the Evergreen Creative; or

(iii) any use of any Goods otherwise than for any application specified on a quote or order form; or

(iv) the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or

(v) fair wear and tear, any accident or act of God.

(b) the warranty shall cease and the Evergreen Creative shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Evergreen Creative’s consent.

(c) in respect of all claims the Evergreen Creative shall not be liable to compensate the Client for any delay in either replacing or remedying the workmanship or in properly assessing the Client’s claim.

13. Intellectual Property

13.1 – Where photos are purchased by Evergreen Creative from a third party for the use for either print or web it is the responsibility of the client to alert Evergreen Creative when the license falls due/expires and they are responsible for renewing this license and all fees associated with this renewal whether past or future. Evergreen Creative takes no responsibility for renewal of these images once they have expired.

13.2 – The Client warrants that all designs or instructions to the Evergreen Creative will not cause the Evergreen Creative to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify the Evergreen Creative against any action taken by a third party against the Evergreen Creative in respect of any such infringement. The Client guarantees that all elements of text, images or other artwork provided to Evergreen Creative are either owned by the Client, or that the Client has permission to use them.

14. Default & Consequences of Default

14.1 – Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month and such interest shall compound monthly at such a rate after as well as before any judgement.

14.2- If the Client defaults in payment of any invoice when due, the Client shall indemnify the Evergreen Creative from and against all costs and disbursements incurred by the Evergreen Creative in pursuing the debt including legal costs on a solicitor and own client basis and the Evergreen Creative’s collection agency costs.

14.3 – Without prejudice to any other remedies the Evergreen Creative may have, if at any time the Client is in breach of any obligation (including those relating to payment), the Evergreen Creative may suspend or terminate the supply of Goods to the Client and any of its other obligations under the terms and conditions. The Evergreen Creative will not be liable to the Client for any loss or damage the Client suffers because the Evergreen Creative has exercised its rights under this clause.

14.4 – If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.

14.5 – Without prejudice to the Evergreen Creative’s other remedies at law the Evergreen Creative shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Evergreen Creative shall, whether or not due for payment, become immediately payable in the event that:

(a) any money payable to the Evergreen Creative becomes overdue, or in the Evergreen Creative’s opinion the Client will be unable to meet its payments as they fall due; or

(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

14.6 – Evergreen Creative retains the right to add a link on any website it designs and builds with its wording at Evergreen Creative’s discretion with the link back to the Evergreen Creative home page.

15. Security And Charge

15.1 – Despite anything to the contrary contained herein or any other rights which the Evergreen Creative may have howsoever:

(a) where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Evergreen Creative or the Evergreen Creative’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Client and/or the Guarantor acknowledge and agree that the Evergreen Creative (or the Evergreen Creative’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.

(b) should the Evergreen Creative elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify the Evergreen Creative from and against all the Evergreen Creative’s costs and disbursements including legal costs on a solicitor and own client basis.

(c) the Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Evergreen Creative or the Evergreen Creative’s nominee as the Client’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause.

16. Suspension Of Services

16.1 – The Evergreen Creative reserves the right to suspend services in any case where the Client fails to perform their obligations under this and any associated agreements, including but not limited to the suspension of the Client’s websites.

17. Cancellation

17.1 – Evergreen Creative may discontinue services if an amount payable to Evergreen Creative is overdue or take down a website permanently in any case where an amount payable is overdue by more than 7 days. In any such event, you remain liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties. Furthermore, Evergreen Creative will not refund ( in part or in whole) any deposits received for the commencement of work, under any circumstances unless agreed firstly in writing by Evergreen Creative. Evergreen Creative reserves the right to keep all funds from the deposit if work on a job has commenced and is terminated by either party. Evergreen Creative shall not be liable for any loss or damage whatever arising from such cancellation.

17.2 – In the event that the Client cancels delivery of Goods the Client shall be liable for any loss incurred by the Evergreen Creative (including, but not limited to, any loss of profits) up to the time of cancellation.

18. Privacy Act 1988

18.1 – The Client and/or the Guarantor/s agree for the Evergreen Creative to obtain from a credit reporting agency a credit report containing personal credit information about the Client and Guarantor/s in relation to credit provided by the Evergreen Creative.

18.2 – The Client and/or the Guarantor/s agree that the Evergreen Creative may exchange information about the Client and the Guarantor/s with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:

(a) to assess an application by Client; and/or

(b) to notify other credit providers of a default by the Client; and/or

(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or

(d) to assess the credit worthiness of Client and/or Guarantor/s.

18.3 – The Client consents to the Evergreen Creative being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).

18.4 – The Client agrees that personal credit information provided may be used and retained by the Evergreen Creative for the following purposes and for other purposes as shall be agreed between the Client and Evergreen Creative or required by law from time to time:

(a) provision of Goods; and/or

(b) marketing of Goods by the Evergreen Creative, its agents or distributors in relation to the Goods; and/or

(c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to provision of Goods; and/or

(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Client; and/or

(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Goods.

18.5 – The Evergreen Creative may give information about the Client to a credit reporting agency for the following purposes:

(a) to obtain a consumer credit report about the Client; and/or

(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.

19. General

19.1 – If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

19.2 – These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria and are subject to the jurisdiction of the courts of Victoria.

19.3 – The Evergreen Creative shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Evergreen Creative of these terms and conditions.

19.4 – In the event of any breach of this contract by the Evergreen Creative the remedies of the Client shall be limited to damages which under no circumstances shall exceed the Price of the Goods.

19.5 – The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by the Evergreen Creative.

19.6 – The Evergreen Creative may license or sub-contract all or any part of its rights and obligations without the Client’s consent.

19.7 – The Evergreen Creative reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Evergreen Creative notifies the Client of such change.

19.8 – Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.

19.9 – The failure by the Evergreen Creative to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Evergreen Creative’s right to subsequently enforce that provision.

19.10 – All prices quoted are valid for 30 days only from the date of written quotation.

19.11 – If Evergreen Creative does not receive your design brief within a 1-month period from the date of your order and deposit, your account will be suspended. Reopening your account will incur a $200 plus GST administration fee. If your account remains suspended for 3 months, your account will be closed completely and all money paid and work ordered will be forfeited.

19.12 – During the design and development phase of your project, if you do not sign off your design within a 1-month period, Evergreen Creative reserves the right to suspend your account. Reopening your account will incur a $200 pus GST administration fee.

19.13 – If the client has made no contact with the Evergreen Creative office for a period of more than 1 month after the project and or any design work has commenced, Evergreen Creative reserves the right to requote the entire project.

19.14 – If any project exceeds a period of more than 6 months, Evergreen Creative reserves the right to terminate the project at its own discretion, without any refunds being paid to the client.

19.15 – Under no circumstances, including negligence shall Evergreen Creative, its officers, agents or anyone else involved in creating, producing Evergreen Creative services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Evergreen Creative website services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or services. Evergreen Creative is NOT liable for any lost business or revenue the client may have lost due to Evergreen Creative developing and producing the client’s website.

20. Search engine optimisation (SEO)

We don’t guarantee improvements to your website’s search engine ranking, but the web pages that we develop are accessible to search engines.

21.Client Responsibilities and Obligations:

You must follow all instructions provided by Evergreen Creative and provide to Evergreen Creative, in a timely manner, all information and materials requested by Evergreen Creative.
All content must be provided in the format specified by Evergreen Creative.  Please note that excessive instructions, or links to content on other third-party sites for retrieval will not be accepted.

Evergreen Creative will request feedback and changes at certain stages of undertaking the process of designing and developing your website.  These changes and amends must be sent to Evergreen Creative in only one email.  Sending excessive or multiple emails may cause important details to be missed and may result in you incurring additional charges.

As soon as your website is uploaded and made live online or handed over to you, any further work or changes will result in you incurring additional costs.

22. Project Timelines:

Evergreen Creative will provide you with an estimate that your site can be designed and built.

This time frame is an estimation only.
You must make every effort to follow the instructions provided by Evergreen Creative and provide the required information to Evergreen Creative in order to facilitate delivery times and correct specifications.

Delays in providing the required information to Evergreen Creative may result in delays in product delivery and also may result in you incurring additional charges for administration time.

Evergreen Creative will make all reasonable efforts to provide the product by the estimated date but do not accept liability for any costs incurred, loss or damage (including consequential loss or damage) compensation or loss of earnings due to any failure to meet agreed deadlines.

If you require Evergreen Creative to make changes to your web site after your site is handed over to you, you will be required to pay for this work at the hourly rate.  All work must be paid for upfront and will be quoted for on request.

23. Content And Design Restrictions

We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use visuals to indicate a creative direction (colour, texture and typography.) We call that ‘atmosphere.’

You’ll have plenty of opportunities to review our work and provide feedback. We’ll either share a Dropbox, Google Drive folder or Github repository or development site with you and we’ll have regular, possibly daily contact.

If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction our work is taking you’ll pay us in full for the time we’ve spent working with you until that point and terminate this contract.

Evergreen Creative include a set number of rounds of changes during its website design and development phase. Any extra changes required by you may incur additional costs and such extra changes can be purchased during the sales process.

Changes must be submitted in one email and one email of changes (within the scope of the project) is considered one round of changes.
Please ensure that you limit your changes to comply with the agreed specifications.  Failure to do this may result in you incurring additional costs.

Evergreen Creative may include a link to its own website at the footer of your website and, where such link is so included, you must not take any steps to remove this link.  Evergreen Creative reserves the right to change any such links from time to time. If you do not want the back-link on your website we will negotiate a fee for the removal of the links.

All prices quoted are valid for 30 days only from the date of written quotation.

24. Suspension of Services:

Evergreen Creative reserves the right to suspend/cancel any or all services provided to you, if:–

  • You have any outstanding invoices or accounts;
  • Your account is in dispute or the subject of a dispute resolution procedure, court order, judgment, finding or determination;
  • You fail to comply with any provision of these terms and conditions or any other policy, directive or requirement notified to you by Evergreen Creative.
  • If you have not paid for the hosting of your website (which Evergreen Creative has paid for on your behalf) Evergreen Creative reserves the right to terminate your hosting. Hosting will only resume once invoices have been paid. If the customer’s website has been terminated due to cancellation of hosting, Evergreen Creative can reinstall the website at a cost of $295 + GST providing the client has a backup of the website.
  • Are deemed rude, offensive, abrupt or to staff or directors of Evergreen Creative.

25. Refund Policy on Website

Once we have commenced work on your project no refund is available on the 50% deposit paid for your project. Work may include, but is not limited to; contact between yourself and an Account Manager and/or website designer from Evergreen Creative, the commencement of wireframes/prototypes by Evergreen Creative for your project, the commencement of design concepts by Evergreen Creative for your project and other work undertaken by Evergreen Creative in relation to your project.

26. Browser testing

Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.

We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. We’ll also test to ensure that people who use Microsoft Internet Explorer 11 for Windows get an appropriate experience. We won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.

27. Mobile browser testing

Mobile browser testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our designs in:

iOS 9: Safari, Google Chrome Android: Google Chrome on Android Emulator

We won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate for that.

28. Technical support

We’re not a website hosting company so we don’t offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we can set up an account for you at one of our preferred hosting providers. We can set up your site on a server, plus any statistics software such as Google Analytics and we can provide a separate estimate for that. Then, the updates to, and management of that server will be up to you.

29. Displaying our work

We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.

28. Dispute Resolution

If there is any dispute in the contract we are more than happy for customers to discuss any issues they have with Evergreen Creative as a first option before holding them in breach of the contract.

1.1 – “Evergreen Creative” shall mean Evergreen Creative Pty Ltd its successors and assigns or any person acting on behalf of and with the authority of Evergreen Creative Pty Ltd.

1.2 – “Client” shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorisation or other form as provided by the Evergreen Creative to the Client.

1.3 – “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Client on a principal debtor basis.

1.4 – “Goods” shall mean Goods supplied by the Evergreen Creative to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by the Evergreen Creative to the Client.

1.5 – “Services” shall mean all Services supplied by the Evergreen Creative to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).

1.6 – “Price” shall mean the price payable for the Goods as agreed between the Evergreen Creative and the Client in accordance with clause 3 of this contract.

2. Acceptance

2.1- Any instructions received by the Evergreen Creative from the Client for the supply of Goods and/or the Client’s acceptance of Goods supplied by the Evergreen Creative shall constitute acceptance of the terms and conditions contained herein.

2.2 – Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.

2.3 – Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of the Evergreen Creative.

2.4 – The Client shall give the Evergreen Creative not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice). The Client shall be liable for any loss incurred by the Evergreen Creative as a result of the Client’s failure to comply with this clause.

3. Price And Payment

3.1 – At the Digital 360’s sole discretion the Price shall be either:

(a) as indicated on invoices provided by the Evergreen Creative to the Client in respect of Goods supplied; or

(b) the Digital 360’s quoted Price (subject to clause 3.2) which shall be binding upon the Evergreen Creative provided that the Client shall accept the Digital 360’s quotation in writing within thirty (30) days.

3.2 – The Evergreen Creative reserves the right to change the Price in the event of a variation to the Digital 360’s quotation.

3.3 – At the Digital 360’s sole discretion a deposit may be required.

3.4 – At the Digital 360’s sole discretion:

(a) payment shall be due on delivery of the Goods; or

(b) payment for approved Clients shall be made by instalments in accordance with the Digital 360’s payment schedule.

3.5 – Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.

3.6 – Payment will be made by cash, or by cheque, or by bank cheque, or by direct credit, or by PayPal, or by any other method as agreed to between the Client and the Evergreen Creative.

3.7- GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

4. Delivery Of Goods

4.1 – At the Digital 360’s sole discretion delivery of the Goods shall take place when:

(a) the Client takes possession of the Goods at the Digital 360’s address; or

(b) the Client takes possession of the Goods at the Client’s nominated address (in the event that the Goods are delivered by the Evergreen Creative or the Digital 360’s nominated carrier).

4.2- At the Digital 360’s sole discretion the costs of delivery are:

(a) in addition to the Price; or

(b) for the Client’s account.

4.3 – The Client shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then the Evergreen Creative shall be entitled to charge a reasonable fee for redelivery.

4.4 – Delivery of the Goods to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.

4.5 – The failure of the Evergreen Creative to deliver shall not entitle either party to treat this contract as repudiated.

4.6 – The Evergreen Creative shall not be liable for any loss or damage whatever due to failure by the Evergreen Creative to deliver the Goods (or any of them) promptly or at all.

5. Content Of Web Pages And Undertakings

5.1 – The Client is solely responsible for the content of the web page. The Evergreen Creative is not responsible for proofreading any content unless specifically agreed in writing. Any spelling errors will be the sole responsibility of the client.

5.2 – The Evergreen Creative makes no representations to the Client on the functionality or content of the Web site.

5.3 – The Client is solely responsible for dealings with persons accessing the data or web page and the Client warrants that they will not refer complaints or inquiries to such data to the Evergreen Creative.

6. Web Hosting

6.1- If the Client selects to organise their own web hosting arrangements, final exported sites will be uploaded to your preferred host company or supplied on disc as per the quoted price. Construction files of the site can supplied on request and at the Digital 360’s sole discretion may incur a fee.

6.2- The Evergreen Creative accepts no responsibility for down times, delays, breakdowns or data loss caused by Internet Service Providers.

7. Risk

7.1- If the Evergreen Creative retains ownership of the Goods nonetheless, all risk for the Goods passes to the Client on delivery.

8. Title

8.1 – The Evergreen Creative and Client agree that ownership of the Goods shall not pass until:

(a) the Client has paid the Evergreen Creative all amounts owing for the particular Goods; and

(b) the Client has met all other obligations due by the Client to the Evergreen Creative in respect of all contracts between the Evergreen Creative and the Client.

8.2 – Receipt by the Evergreen Creative of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Digital 360’s ownership or rights in respect of the Goods shall continue.

8.3 – It is further agreed that:

(a) where practicable the Goods shall be kept separate and identifiable until the Evergreen Creative shall have received payment and all other obligations of the Client are met; and

(b) until such time as ownership of the Goods shall pass from the Evergreen Creative to the Client the Evergreen Creative may give notice in writing to the Client to return the Goods or any of them to the Evergreen Creative. Upon such notice the rights of the Client to obtain ownership or any other interest in the Goods shall cease; and

(c) the Evergreen Creative shall have the right of stopping the Goods in transit whether or not delivery has been made; and

(d) if the Client fails to return the Goods to the Evergreen Creative then the Evergreen Creative or the Digital 360’s agent may enter upon and into land and premises owned, occupied or used by the Client, or any premises as the invitee of the Client, where the Goods are situated and take possession of the Goods; and

(e) the Client is only a bailee of the Goods and until such time as the Evergreen Creative has received payment in full for the Goods then the Client shall hold any proceeds from the sale or disposal of the Goods on trust for the Evergreen Creative; and

(f) the Client shall not deal with the money of the Evergreen Creative in any way which may be adverse to the Evergreen Creative; and

(g) the Client shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of the Evergreen Creative; and

(h) the Evergreen Creative can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Client; and

(i) until such time that ownership in the Goods passes to the Client, if the Goods are converted into other products, the parties agree that the Evergreen Creative will be the owner of the end products.

9. Client’s Disclaimer

9.1- The Client hereby disclaims any right to rescind, or cancel any contract with the Evergreen Creative or to sue for damages or to claim restitution arising out of any misrepresentation made to the Client by the Evergreen Creative and the Client acknowledges that the Goods are bought relying solely upon the Client’s skill and judgement.

10. Defects

10.1- The Client shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify the Evergreen Creative of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford the Evergreen Creative an opportunity to inspect the Goods within a reasonable time following delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Evergreen Creative has agreed in writing that the Client is entitled to reject, the Digital 360’s liability is limited to either (at the Digital 360’s discretion) replacing the Goods or repairing the Goods. Where the Client is a consumer as defined in the Trade Practices Act 1974 or the Fair Trading Acts, then the Client shall be entitled to either a refund, repair or replacement of the Goods.

10.2- Goods will not be accepted for return other than in accordance with 10.1 above.

11. The Commonwealth Trade Practices Act 1974 (“TPA”) and Fair Trading Acts (“FTA”)

11.1- Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.

12. Warranty

12.1- Subject to the conditions of warranty set out in clause

12.2 the Evergreen Creative warrants that if any defect in any workmanship of the web site provided by the Evergreen Creative becomes apparent and is reported to the Evergreen Creative within one (1) months of the date of delivery (time being of the essence) then the Evergreen Creative will either (at the Digital 360’s sole discretion) replace or remedy the workmanship.

12.2- The conditions applicable to the warranty given by clause are:

(a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:

(i) failure on the part of the Client to properly maintain any Goods; or

(i) failure on the part of the Client to properly maintain (ii) failure on the part of the Client to follow any instructions or guidelines provided by the Evergreen Creative; or

(iii) any use of any Goods otherwise than for any application specified on a quote or order form; or

(iv) the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or

(v) fair wear and tear, any accident or act of God.

(b) the warranty shall cease and the Evergreen Creative shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Digital 360’s consent.

(c) in respect of all claims the Evergreen Creative shall not be liable to compensate the Client for any delay in either replacing or remedying the workmanship or in properly assessing the Client’s claim.

13. Intellectual Property

13.1 – Where photos are purchased by Evergreen Creative from a third party for the use for either print or web it is the responsibility of the client to alert Evergreen Creative when the license falls due/expires and they are responsible for renewing this license and all fees associated with this renewal whether past or future. Evergreen Creative takes no responsibility for renewal of these images once they have expired.

13.2 – The Client warrants that all designs or instructions to the Evergreen Creative will not cause the Evergreen Creative to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify the Evergreen Creative against any action taken by a third party against the Evergreen Creative in respect of any such infringement. The Client guarantees that all elements of text, images or other artwork provided to Digital 360 are either owned by the Client, or that the Client has permission to use them.

14. Default & Consequences of Default

14.1 – Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month and such interest shall compound monthly at such a rate after as well as before any judgement.

14.2- If the Client defaults in payment of any invoice when due, the Client shall indemnify the Evergreen Creative from and against all costs and disbursements incurred by the Evergreen Creative in pursuing the debt including legal costs on a solicitor and own client basis and the Digital 360’s collection agency costs.

14.3 – Without prejudice to any other remedies the Evergreen Creative may have, if at any time the Client is in breach of any obligation (including those relating to payment), the Evergreen Creative may suspend or terminate the supply of Goods to the Client and any of its other obligations under the terms and conditions. The Evergreen Creative will not be liable to the Client for any loss or damage the Client suffers because the Evergreen Creative has exercised its rights under this clause.

14.4 – If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.

14.5 – Without prejudice to the Digital 360’s other remedies at law the Evergreen Creative shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Evergreen Creative shall, whether or not due for payment, become immediately payable in the event that:

(a) any money payable to the Evergreen Creative becomes overdue, or in the Digital 360’s opinion the Client will be unable to meet its payments as they fall due; or

(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

14.6 – Evergreen Creative retains the right to add a link on any website it designs and builds with its wording at Digital 360’s discretion with the link back to the Evergreen Creative home page.

15. Security And Charge

15.1 – Despite anything to the contrary contained herein or any other rights which the Evergreen Creative may have howsoever:

(a) where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Evergreen Creative or the Digital 360’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Client and/or the Guarantor acknowledge and agree that the Evergreen Creative (or the Digital 360’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.

(b) should the Evergreen Creative elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify the Evergreen Creative from and against all the Digital 360’s costs and disbursements including legal costs on a solicitor and own client basis.

(c) the Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Evergreen Creative or the Digital 360’s nominee as the Client’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause.

16. Suspension Of Services

16.1 – The Evergreen Creative reserves the right to suspend services in any case where the Client fails to perform their obligations under this and any associated agreements, including but not limited to the suspension of the Client’s websites.

17. Cancellation

17.1 – Evergreen Creative may discontinue services if an amount payable to Evergreen Creative is overdue or take down a website permanently in any case where an amount payable is overdue by more than 7 days. In any such event, you remain liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties. Furthermore, Evergreen Creative will not refund ( in part or in whole) any deposits received for the commencement of work, under any circumstances unless agreed firstly in writing by Evergreen Creative. Evergreen Creative reserves the right to keep all funds from the deposit if work on a job has commenced and is terminated by either party. Evergreen Creative shall not be liable for any loss or damage whatever arising from such cancellation.

17.2 – In the event that the Client cancels delivery of Goods the Client shall be liable for any loss incurred by the Evergreen Creative (including, but not limited to, any loss of profits) up to the time of cancellation.

18. Privacy Act 1988

18.1 – The Client and/or the Guarantor/s agree for the Evergreen Creative to obtain from a credit reporting agency a credit report containing personal credit information about the Client and Guarantor/s in relation to credit provided by the Evergreen Creative.

18.2 – The Client and/or the Guarantor/s agree that the Evergreen Creative may exchange information about the Client and the Guarantor/s with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:

(a) to assess an application by Client; and/or

(b) to notify other credit providers of a default by the Client; and/or

(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or

(d) to assess the credit worthiness of Client and/or Guarantor/s.

18.3 – The Client consents to the Evergreen Creative being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).

18.4 – The Client agrees that personal credit information provided may be used and retained by the Evergreen Creative for the following purposes and for other purposes as shall be agreed between the Client and Evergreen Creative or required by law from time to time:

(a) provision of Goods; and/or

(b) marketing of Goods by the Evergreen Creative, its agents or distributors in relation to the Goods; and/or

(c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to provision of Goods; and/or

(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Client; and/or

(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Goods.

18.5 – The Evergreen Creative may give information about the Client to a credit reporting agency for the following purposes:

(a) to obtain a consumer credit report about the Client; and/or

(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.

19. General

19.1 – If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

19.2 – These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria and are subject to the jurisdiction of the courts of Victoria.

19.3 – The Evergreen Creative shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Evergreen Creative of these terms and conditions.

19.4 – In the event of any breach of this contract by the Evergreen Creative the remedies of the Client shall be limited to damages which under no circumstances shall exceed the Price of the Goods.

19.5 – The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by the Evergreen Creative.

19.6 – The Evergreen Creative may license or sub-contract all or any part of its rights and obligations without the Client’s consent.

19.7 – The Evergreen Creative reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Evergreen Creative notifies the Client of such change.

19.8 – Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.

19.9 – The failure by the Evergreen Creative to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Digital 360’s right to subsequently enforce that provision.

19.10 – All prices quoted are valid for 30 days only from the date of written quotation.

19.11 – If Evergreen Creative does not receive your design brief within a 1 month period from the date of your order and deposit, your account will be suspended. Reopening your account will incur a $200 plus GST administration fee. If your account remains suspended for 3 months, your account will be closed completely and all money paid and work ordered will be forfeited.

19.12 – During the design and development phase of your project, if you do not sign off your design within a 1 month period, Evergreen Creative reserves the right to suspend your account. Reopening your account will incur a $200 pus GST administration fee.

19.13 – If the client has made no contact with the Evergreen Creative office for a period of more than 1 month after the project and or any design work has commenced, Evergreen Creative reserves the right to requote the entire project.

19.14 – If any project exceeds a period of more than 6 months, Evergreen Creative reserves the right to terminate the project at its own discretion, without any refunds being paid to the client.

19.15 – Under no circumstances, including negligence shall Evergreen Creative, its officers, agents or anyone else involved in creating, producing Evergreen Creative services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Evergreen Creative website services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or services. Evergreen Creative is NOT liable for any lost business or revenue the client may have lost due to Evergreen Creative developing and producing the client’s website.

20. Search engine optimisation (SEO)

We don’t guarantee improvements to your website’s search engine ranking, but the web pages that we develop are accessible to search engines.

21.Client Responsibilities and Obligations:

You must follow all instructions provided by Evergreen Creative and provide to Evergreen Creative, in a timely manner, all information and materials requested by Evergreen Creative.
All content must be provided in the format specified by Evergreen Creative.  Please note that excessive instructions, or links to content on other third party sites for retrieval will not be accepted.

Evergreen Creative will request feedback and changes at certain stages of undertaking the process of designing and developing your website.  These changes and amends must be sent to Evergreen Creative in only one email.  Sending excessive or multiple emails may cause important details to be missed and may result in you incurring additional charges.

As soon as your website is uploaded and made live online or handed over to you, any further work or changes will result in you incurring additional costs.

22. Project Timelines:

Evergreen Creative will provide you with an estimate that your site can be designed and built.

This time frame is an estimation only.
You must make every effort to follow the instructions provided by Evergreen Creative and provide the required information to Evergreen Creative in order to facilitate delivery times and correct specifications.

Delays in providing the required information to Evergreen Creative may result in delays in product delivery and also may result in you incurring additional charges for administration time.

Evergreen Creative will make all reasonable efforts to provide the product by the estimated date but do not accept liability for any costs incurred, loss or damage (including consequential loss or damage) compensation or loss of earnings due to any failure to meet agreed deadlines.

If you require Evergreen Creative to make changes to your web site after your site is handed over to you, you will be required to pay for this work at the hourly rate.  All work must be paid for upfront and will be quoted for on request.

23. Content And Design Restrictions

We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use visuals to indicate a creative direction (colour, texture and typography.) We call that ‘atmosphere.’

You’ll have plenty of opportunities to review our work and provide feedback. We’ll either share a Dropbox, Google Drive folder or Github repository or development site with you and we’ll have regular, possibly daily contact.

If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction our work is taking you’ll pay us in full for the time we’ve spent working with you until that point and terminate this contract.

Evergreen Creative include a set number of rounds of changes during its website design and development phase. Any extra changes required by you may incur additional costs and such extra changes can be purchased during the sales process.

Changes must be submitted in one email and one email of changes (within the scope of the project) is considered one round of changes.
Please ensure that you limit your changes to comply with the agreed specifications.  Failure to do this may result in you incurring additional costs.

Evergreen Creative may include a link to its own website at the footer of your website and, where such link is so included, you must not take any steps to remove this link.  Evergreen Creative reserves the right to change any such links from time to time. If you do not want the back-link on your website we will negotiate a fee for the removal of the links.

All prices quoted are valid for 30 days only from the date of written quotation.

24. Suspension of Services:

Evergreen Creative reserves the right to suspend/cancel any or all services provided to you, if:–

  • You have any outstanding invoices or accounts;
  • Your account is in dispute or the subject of a dispute resolution procedure, court order, judgment, finding or determination;
  • You fail to comply with any provision of these terms and conditions or any other policy, directive or requirement notified to you by Evergreen Creative.
  • If you have not paid for the hosting of your website (which Evergreen Creative has paid for on your behalf) Evergreen Creative reserves the right to terminate your hosting. Hosting will only resume once invoices have been paid. If the customer’s website has been terminated due to cancellation of hosting, Evergreen Creative can reinstall the website at a cost of $295 + GST providing the client has a backup of the website.
  • Are deemed rude, offensive, abrupt or to staff or directors of Evergreen Creative.

25. Refund Policy on Website

Once we have commenced work on your project no refund is available on the 50% deposit paid for your project. Work may include, but is not limited to; contact between yourself and an Account Manager and/or website designer from Evergreen Creative, the commencement of wireframes/prototypes by Evergreen Creative for your project, the commencement of design concepts by Evergreen Creative for your project and other work undertaken by Evergreen Creative in relation to your project.

26. Browser testing

Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.

We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. We’ll also test to ensure that people who use Microsoft Internet Explorer 11 for Windows get an appropriate experience. We won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.

27. Mobile browser testing

Mobile browser testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our designs in:

iOS 9: Safari, Google Chrome Android: Google Chrome on Android Emulator

We won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate for that.

28. Technical support

We’re not a website hosting company so we don’t offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we can set up an account for you at one of our preferred hosting providers. We can set up your site on a server, plus any statistics software such as Google Analytics and we can provide a separate estimate for that. Then, the updates to, and management of that server will be up to you.

29. Displaying our work

We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.

28. Dispute Resolution

If there is any dispute in the contract we are more than happy for customers to discuss any issues they have with Evergreen Creative as a first option before holding them in breach of the contract.