WEBSITE DESIGN AGREEMENT

UPDATED June 16, 2026

Please read this Agreement carefully. By ordering or using our website design services, you agree to be bound by this Agreement, including our Privacy Policy and Acceptable Use Policy, which are incorporated by reference.

This Agreement is between Evolving Media & Design Inc. (referred to as “Evolving Media”, “we”, “us”, or “our”), and the client named on the estimate, proposal, or order form (“Client” or “you”).

It covers the design, development, and programming of websites, kiosks, presentations, computer-based training applications, and any other electronic media projects.

1. Internet Access, Domain Names, and Hosting

1. You are responsible for obtaining and maintaining your own Internet service provider (ISP) account and any related costs.
2. We can register and manage domain names on your behalf upon request.
3. Web hosting can be provided by you (using your preferred provider) or through Evolving Media. We offer competitive VPS web hosting packages that include Free Auto-SSL Certificates, strong performance, security features, email accounts, and access to our Client Care Portal. Contact us for current hosting options and pricing.
4. If you choose to use your own hosting provider, we will provide recommendations and work with you to ensure a smooth setup and transition.

2. Progress Reports and Communication

1. We will keep you informed on a mutually agreed schedule about project progress, completed tasks, issues encountered, and recommended changes. We will promptly notify you by email, text, or phone of any significant delays or problems.

3. Changes and Additional Work

1. You are responsible for additional charges for any changes or additions requested beyond the original agreed scope.
2. No additional charge applies for corrections needed to meet the original specifications.
3. We must be given the first opportunity to perform any changes or additional work.

4. Testing and Acceptance

1. We will thoroughly test all deliverables and correct issues before handover.
2. Upon receipt, you must either accept the deliverables and make the agreed payment, or provide written notice of required corrections along with a mutually acceptable completion date.
3. Each party will designate one authorized representative for all official communications and approvals. You may change your representative with 48 hours’ notice.

5. Maintenance and Support

1. We provide 30 days of free warranty support after final completion and sign-off. This covers fixing errors or restoring the site to the original agreed specifications.

    

2. After the warranty period, ongoing maintenance, updates, and technical support are billed at our standard hourly rate of $125 per hour.

   Maintenance and support do not include the development of new features or major enhancements.

6. Enhancements

1. If you want to add new features or make significant modifications after launch, we will be given the first opportunity to provide a quote.

7. Warranties and Limitations

1. We warrant that the original project, as delivered and uploaded, will be free from broken links, non-functional forms, and missing or improperly displaying images as originally designed.
2. We test the project using current major browsers at the time of development. We do not guarantee performance across every possible browser, device, or user setting unless specifically agreed in writing.
3. Certain functionalities (e.g., JavaScript, plugins, or specific technologies) may require particular browsers or operating systems.
4. We take reasonable precautions against viruses but do not guarantee the project is virus-free. You should perform your own virus checks.
5. This warranty is void if you or any third party modifies the files after handover, causing issues. Repair work will then be charged at our regular hourly rate.

8. Copyright and Trademarks

1. Unless otherwise agreed in writing and paid for in full, all copyright and intellectual property rights in the design, code, graphics, and other materials remain with Evolving Media & Design Inc.
2. A credit statement will be included on the site: “Website designed by Evolving Media & Design Inc.” This may only be removed if you purchase full rights (minimum 40% of total project value).
3. Appropriate trademark notices will be included for Evolving Media & Design Inc. and any third-party software used (e.g., Adobe).

9. Payment and Non-Payment

1. Invoices must be paid according to the payment schedule in your proposal.
2. If payment is not received, we reserve the right to:
   
   • Suspend work.
   • Remove any completed work from your server and restore it to its pre-project state.
   • Retain full ownership of all materials, code, designs, and intellectual property created during the project.
3. You may not copy, use, or modify any of our work until full payment is received.

10. Termination

1. Either party may terminate this Agreement if the other commits a material breach and fails to remedy it within 24 hours of written notice.
2. Upon termination or postponement for any reason, you must pay for all work completed to date plus any incurred expenses. Any advance payments will be credited.
3. We retain copyright in all materials even if termination occurs.

11. Dispute Resolution

1. Any disputes arising from this Agreement may be submitted to binding arbitration before a mutually agreed arbitrator. The arbitrator’s decision shall be final.

12. Governing Law

1. This Agreement is governed by the laws of Canada and the province of our principal place of business. Both parties agree to the jurisdiction of the Canadian courts.

13. General

1. These terms represent the entire agreement between us. Any changes must be agreed in writing.
2. All rights, logos, and trademarks of Evolving Media & Design Inc. are reserved.
3. Email communications and electronic signatures constitute binding acceptance of this Agreement.

Acceptance Your signature (or electronic confirmation) on the estimate, proposal, order form, or project confirmation constitutes acceptance of these Terms and Conditions.