Terms of Service (& Code of Conduct)

Last Updated September 4, 2015

By using the pages in this site, or the services of Evans 2 Design Group, you agree to these terms and conditions.

CODE OF PROFESSIONAL CONDUCT

When you commission work from Evans 2 Design Group, you can be assured of devotion to high professional standards and best practices.

Trust

  • We regard as confidential all information obtained about the affairs, technical methods or any other matters pertaining to the client’s business.
  • We respect the interests of our clients insofar as it is consistent with the public welfare and our code of professional conduct.
  • We create value in everything we do. Every hour committed to project work is one that creates value for our clients. Our staff do not have any obligation to generate minimum billable hours in any given period.
  • We work for you. We don’t accept payment from any outside party in connection with a client’s work – unless agreed by the client.
  • We take seriously and will investigate any allegation of professional misconduct or client concerns regarding project work.

Care

  • We bill fairly. We charge an appropriate fee for services and where possible we try to ensure that client’s receive written proposals, estimates or budgets for work commissioned.
  • We will not engage or associate with any statement or information that contains false or misleading information.
  • We stand behind all of our work and will take corrective action immediately at no cost to our clients when errors or omissions occur.

Knowledge

  • Every member of our team is both qualified, trained and resourced to perform at or above accepted industry standards;
  • We learn and grow. We perform research and ongoing professional development to ensure that our knowledge stays at the leading edge.
  • We perform work based on adequate research and preparation.

Professional Conduct

  • We collaborate. We will not attempt to displace a competing member consultant after that member has been engaged by the client.
  • We do not act maliciously or falsely injure the professional reputation, prospects or practices of another consultant.
  • We do not engage in any method of obtaining business that in any manner reflects poorly on the public image of the profession.

PAYMENT TERMS

Retainers – All new client accounts and projects with quarterly billing in excess of $5,000 are subject to a retainer equal to the greater of 50% of the estimated total quarterly billing amount or CDN$2500.

Professional Services – All professional services fees are provided on the basis of Net 30 day payment terms unless special arrangements have been made. Accounts in arrears may be subject to temporary suspension of access to services provided by Evans 2 Design Group.

Software Fees – Fees for software licensing are generally billed 3 months in advance, and are due upon receipt of invoice.

Direct expenses – Unless specifically described in writing, any fee estimates provided are for labour costs only and do not include expenses or other project related costs. Direct expenses for any form of materials, production & distribution are passed through directly without markup. Large expenses may require direct handling by client.

Mileage – Unless specifically excluded, all professional services work may be subject to mileage costs equal to recovery of direct travel expenses (such as airfare or car rental) or $0.60 per kilometer. Mileage is generally assessed in addition to hourly fees.

Late Charges & Collection Costs – Overdue amounts will be assessed a late payment charge that will be compounded at a monthly rate of 2% or the maximum provided by law, whichever is less. There is a minimum late payment charge of ten dollars ($10.00).  In the event of a failure to pay the billed amount when due, we reserve the right to terminate all services and retain all sums paid. In addition, you agree to pay all collection costs incurred by us including, but not limited to, collection agency fees, reasonable attorneys' fees and court costs. At our option, the entire amount due shall become due and payable upon any breach of any term, provision or condition of these terms.

Standard Rate Schedule

Unless fixed billing has been arranged, all work conducted by Evans 2 Design Group will be subject to our standard rate schedule.


GENERAL TERMS


Good faith efforts – Evans 2 Design Group will use its experience & good faith efforts to complete the services described in any Estimate, Work Order and/or Proposal Document. Due to the nature of the work, we do not guarantee that such services can be completed within the allotted hours set forth, or within the estimate timelines provided.

Indemnification

Our clients agree to indemnify Evans 2 Design Group and hold harmless from all losses, expenses and all manner of actions, claims and judgments sustained by or made against us in connection with the use of our services, any products, software or tools used.

Limitations

Evans 2 Design Group will not be liable for indirect, incidental, special, consequential or punitive damages; or for loss of profits, revenue, or data; whether in an action in contract, tort, product liability, strict liability, statute or otherwise, even if advised of the possibility of those damages with respect to any information, service or software. Our entire liability for any claim in connection with any service shall be limited to the actual direct damages not to exceed the total amount paid to us for the service that gave rise to the claim in the 12 month period immediately preceding the date of the claim.

RESTRICTIONS ON USE

Material from www.evans2design.comwww.streetscapeplus.comwww.mapsplus.comwww.streetscapephoto.com and any other Internet Web site owned, operated, licensed, or controlled by KR Evans 2 Design Group Ltd. or any of its related or affiliated companies (together, "Evans 2 Design Group") may not be copied or distributed, or published, uploaded, posted, or transmitted in any way, without the prior written consent of Evans 2 Design Group, EXCEPT: you may download one copy of the material on one computer for your personal use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates Evans 2 Design Group intellectual property rights. The material in this site is provided for lawful purposes only. If you download software from our site, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the "Software") are deemed to be licensed to you by Evans 2 Design Group, or the original copyright holder. Neither title nor intellectual property rights are transferred to you, but remain with Evans 2 Design Group, or the original copyright holder, who owns full and complete title. You may not resell, compile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.

SUBMISSIONS

All remarks or suggestions communicated to Evans 2 Design Group through this site (together, the "Submission") will forever be the property of Evans 2 Design Group. Evans 2 Design Group will not be required to treat any such Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Evans 2 Design Group operations. Without limitation, Evans 2 Design Group will have exclusive ownership of all present and future existing rights to the Submission. Evans 2 Design Group will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Evans 2 Design Group have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

RESTRICTION OF LIABILITY

Evans 2 Design Group will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Evans 2 Design Group will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if there is negligence on Evans 2 Design Group or an authorized Evans 2 Design Group representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Evans 2 Design Group total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this site.

JURISDICTION

Except as described otherwise, all materials in the Evans 2 Design Group site are made available only to provide information about Evans 2 Design Group. Evans 2 Design Group controls and operates this site from its headquarters in Calgary, AB CANADA and makes no representation that these materials are appropriate or available for use in other locations.

DISCLAIMER

The material in this site could include technical inaccuracies or typographical errors. Evans 2 Design Group may make changes or improvements at any time. The materials in this site are provided "as is" and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law, Evans 2 Design Group disclaims all warranties or merchantability and fitness for a particular purpose. Evans 2 Design Group does not warrant that the functions contained in the material will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Evans 2 Design Group does not warrant or make any representations regarding the use of or the result of the use of the material in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Evans 2 Design Group) assume the entire cost of all necessary servicing, repair or correction. The above exclusion may not apply to you, to the extent that applicable law may not allow the exclusion of implied warranties.

TERMINATION

Evans 2 Design Group or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all Evans 2 Design Group sites, and (b) all related documentation and all copies and installations (together, the "Materials"). Evans 2 Design Group may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.

MISCELLANEOUS

These Terms and Conditions will be governed and be interpreted pursuant to the laws of Canada barring any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the use of this site. Evans 2 Design Group can revise these Terms and Conditions at any time by updating this posting. Evans 2 Design Group products and services are available in many parts of the world. However, the Evans 2 Design Group site may describe products and services that are not available worldwide. This site may be linked to other sites which are not maintained by Evans 2 Design Group. Evans 2 Design Group is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Evans 2 Design Group of the sites.

TRADEMARK INFORMATION

The following trademarks used herein are owned by KR Evans 2 Design Ltd. and its affiliates: StreetscapePLUS™, Evans 2 Design Group™, MapsPLUS™, PermitPLUS™ , PortfolioPLUS™, StreetscapePHOTO™. All other trademarks are the property of the respective trademark owners.