DESIGN SERVICES USER AGREEMENT

UPDATED SEPTEMBER 18, 2025

By ordering or using design services from Evolving Media & Design Inc., you agree to follow this agreement, including the Privacy Policy and Acceptable Use Policy. This agreement applies to all design services you order through Evolving Media & Design Inc., a Canadian company.

1. Introduction

• This agreement is between you (the “Customer”) and Evolving Media & Design Inc.
• It covers all design services ordered through an order form or other provided channels.
• You confirm you’re either an individual over 18 or a legally recognized organization, and the person signing is authorized to do so.
• Evolving Media can reject this agreement or refuse service for any reason. Services start once your order is activated, indicating acceptance of the agreement.

2. Amendment of Agreement

• Evolving Media can update this agreement by posting changes on www.evolvingmedia.com.
• You’re responsible for checking the website for updates. They may email you about changes but aren’t required to.
• If you disagree with major changes, you can cancel your subscription within 10 days. Continuing to use the services means you accept the changes.

3. Professional Standing

• The Designer follows the code of ethics and standards of the Association of Registered Graphic Designers of Ontario.
• They can refuse projects that harm the public, environment, or their reputation.

4. Use of Work

• You can only use the Designer’s work for the purposes outlined in the agreement unless you get their written approval for other uses.
• Rough drafts can’t be used as finished work or completed by others without the Designer’s written consent and payment for preliminary work.

5. Copyright and Ownership

• The Designer owns all work and materials (e.g., drawings, mock-ups, files, code) created during the project unless specifically assigned to you in writing.
• Once you pay in full, you get specific usage rights for approved final designs as outlined in the agreement. You must return materials to the Designer within 30 days of use.
•  The Designer keeps moral rights (e.g., right to be recognized as the creator) unless stated otherwise.
• All intellectual property remains the Designer’s until all invoices are paid.
• For additional uses of materials or ideas, you must get the Designer’s permission and agree on extra payments.
• Rejected designs stay the Designer’s property.
• The Designer can use the work in future media or mediums.
• If you acquire intellectual property rights, the Designer will help with copyright/design registration if requested, but you cover the costs.

6. Conditions of Engagement

• Fee estimates can change or be withdrawn until a signed agreement is in place.
• A signed contract or written confirmation is needed before work starts.
• This agreement (except fees, which vary by project) is the full agreement. Changes must be in writing and approved by both parties.
• Neither party can transfer the agreement without the other’s written consent.
• The agreement binds both parties and their successors.
• Waiving a breach doesn’t waive future breaches.
• Schedule changes require written notice (by mail or email) with 2 days’ notice unless otherwise stated.
• Estimates are valid for 30 days. Actual costs may differ due to changes, client-provided materials needing reformatting, or added services.
• Billing is hourly based on time spent. You can track progress and costs via a timesheet in your client folder on Evolving Media’s production server.
• Additional work will be noted on the final invoice.

7. Confidentiality

• You must provide all relevant project information and specify any confidential parts in writing.
• The Designer will treat confidential information as private.

8. Compensation

• Projects are billed in phases to allow adjustments for changes or cancellation.
• You’ll receive a proposal/estimate with project details, estimated fees, and out-of-pocket expenses.
•  Work starts after you approve the estimate (via signed contract or online confirmation).
• You pay 50% of the estimated fee upfront, applied to services until exceeded, then invoiced for additional work.
• Remaining fees are due within 15 days of invoicing. Late payments incur a 2% monthly interest or a minimum $80 finance charge.
• For projects over 30 days, invoices are issued every two weeks or at set stages.
• Cancellation: You can cancel within 48 hours of signing by written notice (registered mail, courier, or fax). After that, a “kill fee” covers expenses (e.g., courier, travel, administration), payable immediately.

9. Disbursements

• You reimburse the Designer for out-of-pocket expenses plus a 20% handling fee.
• Expense estimates are for planning; actual costs may exceed due to project changes.
• You can request expense records at the project’s start, available for review after completion.
• All design work is custom, and invoice amounts are final with no refunds or exchanges.

10. Overtime

• Estimates assume a reasonable schedule. Rush requests or overtime (after 5:30 PM or weekends) may increase costs.
• Outside suppliers may charge 100–200% extra for overtime, passed on to you the client.

11. Third-Party Contracts

• The Designer may hire third parties (e.g., writers, photographers) for services like printing or programming.
• You’re bound by the terms of these third-party contracts, including usage rights.
• In some cases, you may be billed directly by third parties and must pay them, holding the Designer harmless for non-payment issues.

12. Rushed or Prolonged Work

• Rush work or client delays may incur extra fees at the Designer’s standard hourly rates (see rate chart) or a reasonable rate if not agreed.
• Delays caused by you extend the project deadline by the number of delayed days.
• Newer contracts may take priority over delayed projects to maintain the Designer’s business.
• If the Designer is delayed by illness or medical issues, they’re not liable for delays, but you must pay for any expenses incurred up to that point.

13. Materials Provided by the Client

• You must provide accurate, complete, and professional-quality materials (e.g., text, photos, logos) suitable for use without changes.
• You’re responsible for ensuring you own or have rights to all materials and for clearing any trademark, copyright, or patent issues.
• If materials need reformatting, extra charges apply.
• You must specify file format requirements at the project’s start.
•  The Designer returns your materials within 30 days after project completion and payment.

14. Client Approval

• You appoint one representative to provide information and approvals.
• You must proofread and approve final designs before production. Mark proofs as “O.K.,” “O.K. with corrections,” or “O.K. with translations” and return them.
• Correspondence is tracked via the Client Care Portal or Project Management System.
• Request revisions when returning proofs if needed.

15. Placement of Advertising

• If requested, the Designer can purchase media space on your behalf, billed at current rates plus a standard agency commission.

16. Errors and Omissions

• You’re responsible for checking proofs for accuracy (e.g., spelling, technical details).
• The Designer isn’t liable for errors after you approve with a signature or email authorization.

17. Production

• If you handle production, the Designer must approve printed proofs or prototypes.
• The Designer can advise or supervise production if agreed, and you follow their decisions.
• Production follows recognized trade standards.

18. Over Runs and Under Runs

• You accept up to 10% over or under the ordered quantity for production jobs.
• The Designer bills for the actual quantity delivered within this range.
• For guaranteed quantities, specify the tolerance at the time of quotation.

19. Revisions and Additions

• Changes to the project scope or approved designs are billed as additional services.
• The Designer will inform you of needed additional services and get your approval if they increase costs beyond the estimate.

20. Storage and Access

• The Designer stores final files and artwork for 12 months after project completion. After that, they may destroy them with reasonable notice to you.
• They’re not responsible for data lost due to disk failure or other unforeseen issues.
• You can access stored materials for review but may pay a fee for retrieving them.

21. Modifications

• You can’t modify the Designer’s work without their written consent.
• Reprints must match the originals unless the Designer approves changes.
• Modifications must be done by or supervised by the Designer, with agreed-upon fees.

22. Design Credits

• The Designer can claim authorship and may include a credit on the work at their discretion.
• You need their written consent to use their name on the finished product.

23. Samples and Copies

• You provide the Designer with a reasonable number of high-quality samples or photos of the final work.
• The Designer can use these for promotion, publication, or exhibitions.

24. Warranty

• For logo designs, the Designer warrants originality, verified by a trademark research agent’s report.
• You have 8 hours after receiving a positive report to start trademarking the logo, or you use it at your own risk (competitors could copy it).
• If you skip the trademark search, you hold the Designer harmless for any infringement claims.

25. Liability

• The Designer isn’t liable for errors in work you approved.
• You indemnify the Designer against claims from materials you provide.
• Client property stored by the Designer is at your risk.
• The Designer isn’t responsible for delays due to uncontrollable events (e.g., strikes, fires, floods).