Terms & Conditions
The following Terms and Conditions apply to all products and services provided by Casey Evans (hereinafter referred to as Casey Evans Creative) and in the event of any dispute are governed by the laws of Washington State.
All work is carried out by Casey Evans Creative on the understanding that the Client has agreed to these Terms and Conditions.
Copyright is retained by Casey Evans Creative on all design work including words, pictures, ideas, visuals, and illustrations, unless specifically released in writing and after all costs have been settled.
If a choice of designs is presented and one is chosen for your project, only that final choice is deemed to be given by me as fulfilling the project. All other designs remain the property of Casey Evans Creative, unless specifically agreed in writing.
These Terms and Conditions can be read at any time on the Casey Evans Creative website. At the time of proposal, Casey Evans Creative will provide the Client with a written estimate or quotation via email, supply the Client with a link to published pricing available on my website, or have a verbal discussion to outline custom project pricing during a phone consultation.
Upon mutual acceptance of estimated project costs and fees, an invoice will be sent to the Client via PayPal. Once any payment is made including, but not limited to, a deposit payment, a subscription payment, an installment payment, or payment in full, this constitutes acceptance of Casey Evans Creative's Terms and Conditions.
Alternatively, the Client may send an official purchase order in reply to the estimate or quotation or an email acknowledging acceptance of the quotation when other payment terms outside of PayPal have been arranged, both of which binds the Client to accept my Terms and Conditions.
For the avoidance of doubt, the Casey Evans Creative Terms and Conditions are what govern the job, not any conditions on the Client’s purchase order.
Graphic Design Charges
Unless agreed otherwise with the Client in writing, all graphic design services require a non-refundable advance payment of a minimum of fifty (50) percent of the project estimate total before any work on the project commences. The remaining fifty (50) percent of the project estimate total will be due upon completion of the work, prior to the release of any deliverables or design assets.
Website Design Charges
Unless agreed otherwise with the Client in writing, all website design services require a non-refundable advance payment of a minimum of fifty (50) percent of the project estimate total before any work on the project commences. The remaining fifty (50) percent of the project estimate total will be due upon completion of the work, prior to the launch of any aspect of the website or the release of any associated deliverables, assuming the project is completed within sixty (60) days from the date a deposit payment was made.
While it's rare that this happens, if a website design project extends beyond the 60-day mark, an installment payment of twenty-five (25) percent of the project estimate will be due at that time, with the remaining twenty-five (25) percent due upon completion of the work.
Printed Material Charges
Unless agreed otherwise with the Client, all charges for graphic design work on items to be printed including, but not limited to, business cards, letterhead, brochures, flyers, postcards, booklets, banners, and signs, are strictly for the design work only and do not include any costs associated with having said materials printed. On a per project basis, printing resources are available upon request and all final files will be formatted to the requirements of your chosen printing company.
For graphic design projects, in most cases I will supply JPG or PDF proofs as required during the design and proofing phase of every project. Only upon receipt of final approvals and payment of your project in full will I release any native source files or PDF files as appropriate for printing, or other graphic files as detailed in the job scope or invoice.
Unless agreed otherwise with the Client, payments must be made via PayPal using the invoice provided by Casey Evans Creative that is sent to the email address supplied by the Client. It is at the Client's discretion to use a new or existing PayPal account to process payment or to make payment as a PayPal Guest, using a Credit Card or Debit Card.
The Client has seven (7) days from the date a new project invoice is sent to make the deposit payment or Casey Evans Creative will cancel the invoice and the project.
Publication of websites or release of deliverables and source files by Casey Evans Creative either directly to the Client or to a 3rd party on behalf of the Client may not take place before cleared funds have been received.
Website hosting payments can be made either monthly or annually. For all annual hosting plans, the hosting fees for the term of one (1) year will be added to the website design invoice and must be paid prior to the launch of your website.
For all monthly hosting plans, the Client will be required to establish a PayPal account and enroll in a monthly payment subscription to be paid automatically to Casey Evans Creative once per month. If at any time there are any changes to the card number, expiration date, or billing address that may impact monthly payment processing, the Client will manage that directly through the associated PayPal account.
For all monthly hosting payment plans:
The monthly billing date will be determined based on the day of the month the first payment is made to start the subscription.
The Client has three (3) days from the date a new website is published to setup the monthly hosting payments or Casey Evans Creative reserves the right to immediately withhold or suspend hosting services.
In the event that PayPal cannot process a monthly payment for any reason, the Client will receive an alert from PayPal and be given five (5) days to correct the issue. If any amount due remains unpaid five (5) days after the billing date each month, a $15.00 late fee will be charged and Casey Evans Creative reserves the right to immediately withhold or suspend hosting services.
Should hosting services become suspended, the website will be un-published and become unavailable for online viewing, which basically means the website would be down. There will be a $25.00 fee to reinstate accounts that have been suspended once all unpaid balances are paid in full.
Copyrights and Trademarks
By supplying text, images and other data to Casey Evans Creative for inclusion in the Client’s design, website, or other medium, the Client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the Client, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Casey Evans Creative on behalf of the Client, will remain the property of Casey Evans Creative until all cleared funds have been received for such work, unless otherwise agreed in writing. A licence for use of the copyright material is granted to the Client solely for the project defined in the scope or request and not for any other purpose. Upon mutual acceptance and completion of a project, Casey Evans Creative will issue a 'Signed Transfer of Copyright' license that permits the Client to use all specified materials from that point forward.
The Copyright Transfer Form does not give you permission to: use, modify, alter, replicate or borrow, any of the previous and unused: logo ideas, concepts, or sketches previously shown and presented during the course of the project. All original preparation materials, sketches, visuals and unused ideas previously shown and considered, will remain the property of Casey Evans Creative.
The Client may request in writing from Casey Evans Creative, the necessary permission to use materials (for which Casey Evans Creative holds the copyright) in forms other than for which it was originally supplied, and Casey Evans Creative may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing licence fees, subscription fees, or fees for upgrades are the responsibility of the Client, not Casey Evans Creative.
By supplying images, text, or any other data to Casey Evans Creative, the Client grants Casey Evans Creative permission to use this material freely in the pursuit of the design.
Should Casey Evans Creative or the Client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the Client will agree to allow Casey Evans Creative to remove and/or replace the file.
The Client agrees to fully indemnify and hold Casey Evans Creative free from harm in any and all claims resulting from the Client in not having obtained all the required copyright, and/or any other necessary permissions.
The Client agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the Client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
The Client also agrees that Casey Evans Creative holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the Client by Casey Evans Creative is licensed for use by the Client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Casey Evans Creative and any of its relevant sub-contractors.
All design work where there is a risk that another party may make a claim, should be registered by the Client with the appropriate authorities prior to publishing or first use and legal advice sought as to its use.
Casey Evans Creative will not be held responsible for any and all damages resulting from such claims.
Casey Evans Creative is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The Client agrees not to hold Casey Evans Creative responsible for any such loss or damage.
The Client agrees to Casey Evans Creative’s definition of acceptable means of supplying content and data for any and all projects.
Text is to be supplied to Casey Evans Creative in electronic format as standard text (.txt), MS Word (.docx) or via e-mail in a cut-and-paste format. Any typesetting that is required from text supplied in any other fashion will result in additional fees and time added to your project estimate.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Casey Evans Creative via e-mail, FTP, or other file sharing website. Images must be of a quality suitable for use without any subsequent image processing, and Casey Evans Creative will not be held responsible for any image quality which the Client later deems to be unacceptable.
Casey Evans Creative cannot be held responsible for the quality of any images which the Client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, color correction and alteration of images.
Design Project Duration
Any indication given by Casey Evans Creative of a design project’s duration is to be considered by the Client to be an estimation. Casey Evans Creative cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Casey Evans Creative for the initial payment or by date confirmed in writing by Casey Evans Creative.
Rights of Access for Website Design
The Client agrees to allow Casey Evans Creative all necessary access to computer systems or online services, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The Client also agrees to allow Casey Evans Creative access to any computer systems or online services, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The Client agrees to supply Casey Evans Creative with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Website Design Only
Casey Evans Creative requires that a template is approved by the Client before coding of a site commences. Once the template(s) for the website are approved by the Client, coding will commence; any changes to navigation items, colors, structure or content that require changes to the template will incur an additional charge.
Casey Evans Creative offers hosting services through outsourced virtual servers. Casey Evans Creative does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
Casey Evans Creative may request that Clients change the type of hosting account used if that account is deemed by Casey Evans Creative to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on Casey Evans Creative’s virtual server are due at the commencement of any period of service and are non-refundable.
Fees due to third party hosting organizations are the responsibility of the Client and Casey Evans Creative is not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the Client and/or domain owner.
Casey Evans Creative cannot guarantee the availability of any domain name. Where Casey Evans Creative is to register a domain name on behalf of a Client it will endeavor to do so but the Client should not assume a successful registration.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Casey Evans Creative cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Casey Evans Creative recommends that Clients use a professional SEO company and is happy to provide details of such companies, but accepts no responsibility for their services.
The Client agrees to allow Casey Evans Creative to place a small credit and/or a link to Casey Evans Creative's own website on the Client's website. This will usually be in the form of a small line of text placed towards the bottom of every page.
The Client also agrees to allow Casey Evans Creative to place websites and other designs, along with a link to the Client’s site on Casey Evans Creative’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
Casey Evans Creative reserves the right to decline any project. I will not accept projects promoting; hate, racism, nudity, pornography, rude language, distasteful acts, distasteful suggestions or services, illegal activity, harassment, fraud or trafficking.
Casey Evans Creative will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards and authorities. Casey Evans Creative also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Casey Evans Creative does include in good faith, and subsequently discovers is an infringement to such Terms and Conditions, the Client is obliged to allow Casey Evans Creative to remove the material without hindrance, or penalty. Casey Evans Creative is to be held in no way responsible for any such data being included.
Communication is a two-way street and a vital component for every successful design project! Not only is communication reassuring, but it sets expectations for how a project will go. There are many factors of project management that are impacted when little or no communication is present, but most importantly it impacts the availability and schedule of Casey Evans Creative for all other projects and services being performed.
Therefore, the following guidelines have been set to handle the rare occasions where communication is severely reduced or becomes non-existent:
If Client fails to provide project feedback in a timely manner after proofs are sent (3 days for logo, print & social media projects or 5 days for website projects), then the project will be moved to the end of the design queue.
If Client fails to provide project feedback within 10 days after proofs are sent (for any project type), the project will be placed on hold and an installment payment of twenty-five (25) percent of the project estimate will be required as a reinstatement fee. The project will only be rescheduled once communication is reestablished, feedback has been provided, and the installment payment has been received.
Casey Evans Creative will declare a project completed if either: 1) Client is completely unresponsive and fails to respond to emails or any other attempt to reestablish communication on the part of Casey Evans Creative within any 14 day period or 2) Client fails to provide project feedback within 21 days after proofs are sent. Client will then be invoiced for all work completed over and above the non-refundable deposit that was made at the time the project commenced. Non-payment will result in collection processes to recover all monies owed.
Should Client choose to reinstate a project that has been declared complete due to unresponsiveness, a $50 reinstatement fee will be applied and the invoice must be paid in full for the entirety of the project before any work will be rescheduled.
Should Client choose to cancel a project, Casey Evans Creative requires formal notification in writing to be sent via email from the email account on file that was provided for invoicing and payments. The Client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time the project commenced. The balance of monies due must be paid within 30 days and non-payment will result in collection processes to recover all monies owed. Please note that any cancellation which is not formally confirmed in writing and received by Casey Evans Creative within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Casey Evans Creative reserves and retains the right to cancel any and all project or services with or without cause by providing written notice to the Client. In the event Casey Evans Creative elects to terminate services, the deposit paid by Client will be handled as follows:
If termination is due to unforeseen circumstances that will limit the ability on my part to complete the project as promised or if there have been no design proofs sent, Client will receive a full refund of all monies paid as a project deposit.
If termination is due to the Client requesting excessive changes or changes that are beyond the scope of what was discussed during the initial design consultation, and after any number of proofs have been sent, no portion of the non-refundable deposit will be refunded to Client.
Casey Evans Creative makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Casey Evans Creative will not be held responsible for any and all damages resulting from products and/or services it supplies. Casey Evans Creative is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause.
While I take reasonable steps to investigate the materials I recommend, I accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The Client agrees not to hold Casey Evans Creative responsible for any such loss or damage.
Casey Evans Creative reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Casey Evans Creative will not knowingly perform any actions to contradict these and the Client also agrees to be so bound.
Casey Evans Creative and its Clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Casey Evans Creative recommends that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Casey Evans Creative, by email, verbally or in writing, is deemed to be acceptance of these Terms and Conditions, which are freely available at http://www.caseyevans.co/terms-conditions.
If you have any questions regarding any of these Terms and Conditions, or your dealings with my website, please contact me.
Last Updated Thursday, November 01, 2018