Terms & Conditions

1. Introduction

These Terms and Conditions govern your use of the Evergreen website and your engagement of our legal services. By accessing our website or engaging our services, you agree to be bound by these terms. If you disagree with any part of these terms, please discontinue use of our website and do not engage our services.

2. Definitions

• "Services" refers to the legal advisory and consultation services provided by Evergreen, including but not limited to Indigenous business ventures support, environmental assessment guidance, and Pacific Rim business formation assistance.
• "Client" or "You" refers to any individual or entity that engages our services or uses our website.
• "We," "Us," or "Evergreen" refers to the legal practice operating as Evergreen, located at 1188 West Georgia Street, Suite 1500, Vancouver, BC V6E 4A2.
• "Agreement" refers to the written engagement letter or retainer agreement between Evergreen and a client.
• "Website" refers to the Evergreen website at evergrym.biz and all associated pages and content.

3. Use of Services

3.1 Permitted Use

Our website provides information about our legal services and allows you to contact us for consultation. You may use our website for lawful purposes related to obtaining information about legal services or contacting our firm.

3.2 Age Requirements

You must be at least 18 years of age to engage our services or enter into agreements with Evergreen. By using our services, you represent that you meet this age requirement.

3.3 Account Responsibilities

If you create an account or are provided access to our secure client portal, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

3.4 Accuracy of Information

You agree to provide accurate, current, and complete information when contacting us or engaging our services. You must update information promptly if circumstances change.

4. Prohibited Uses

You agree not to:

• Use our website or services in any way that violates Canadian federal, provincial, or municipal laws or regulations
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others
• Transmit any viruses, malware, or other malicious code
• Attempt to gain unauthorized access to our systems, networks, or data
• Engage in fraudulent activities or misrepresent your identity or affiliation
• Harass, abuse, or harm another person or organization
• Use automated systems to access our website without our express written permission
• Resell or redistribute our services without authorization

5. Legal Services Engagement

5.1 Formation of Solicitor-Client Relationship

A solicitor-client relationship is formed only when both parties have signed a written engagement letter or retainer agreement. General inquiries through our website or initial consultations do not automatically create a solicitor-client relationship.

5.2 Scope of Services

The specific services to be provided will be outlined in your engagement letter. We are not obligated to provide services beyond those agreed upon in writing.

5.3 Professional Standards

Our services are provided in accordance with the standards and rules of the Law Society of British Columbia. We maintain professional liability insurance as required by professional regulations.

6. Intellectual Property Rights

6.1 Ownership

All content on our website, including text, graphics, logos, images, and software, is the property of Evergreen or its content suppliers and is protected by Canadian and international copyright laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our website for informational purposes. This license does not include any right to download or reproduce content, except as necessary for normal website viewing.

6.3 Client Documents

Documents we prepare for clients remain the property of the client upon payment of fees. We retain the right to maintain copies for our records as required by professional standards.

7. Payment Terms

7.1 Currency

All fees are quoted and payable in Canadian Dollars (CAD).

7.2 Fee Arrangements

Our fee structure will be outlined in your engagement letter. Fees may be based on fixed rates, hourly rates, or other arrangements as agreed in writing. The standard engagement fees listed on our website are typical costs but may vary based on complexity.

7.3 Payment Timing

Payment terms will be specified in your engagement letter. We may require retainers or advance payments for certain services. Invoices are typically due within 30 days of issuance unless otherwise agreed.

7.4 Accepted Payment Methods

We accept payment by bank transfer, certified cheque, or other methods as agreed in writing. Credit card payments may be available for certain services subject to processing fees.

7.5 Fee Changes

We reserve the right to modify our fee schedule. Changes will not affect ongoing matters covered by existing engagement letters unless circumstances change significantly beyond the original scope.

7.6 Taxes

All fees are exclusive of applicable taxes. Goods and Services Tax (GST) or Harmonized Sales Tax (HST) will be added to invoices as required by law.

8. Refund Policy

Refund eligibility depends on the specific circumstances and stage of service delivery:

• Retainers for services not yet performed may be refundable upon request, less any work already completed
• Fixed fees for partially completed work are generally not refundable but may be prorated based on work completed
• Refund requests should be submitted in writing to [email protected]
• Refunds, if approved, will be processed within 14 business days
• Refunds will be issued using the original payment method where possible

9. Disclaimers and Limitations

9.1 Website Content

Information on our website is provided for general informational purposes only. It does not constitute legal advice and should not be relied upon as such. Legal advice can only be provided through a formal solicitor-client relationship after we have reviewed your specific circumstances.

9.2 No Guarantee of Results

We provide professional legal services to the best of our ability in accordance with professional standards. However, we cannot guarantee specific outcomes or results. Legal matters involve uncertainty, and outcomes depend on numerous factors beyond our control.

9.3 Limitation of Liability

To the fullest extent permitted by law, Evergreen's liability for professional services is limited to the amount of fees paid for those services. We are not liable for indirect, consequential, or punitive damages arising from our services or this agreement.

9.4 Website Availability

We strive to maintain website availability but do not guarantee uninterrupted access. We may temporarily suspend access for maintenance or updates without notice.

9.5 Assumption of Risk

You acknowledge that legal matters involve inherent risks and uncertainties. By engaging our services, you accept these risks.

10. Termination

10.1 Client Termination

You may terminate our services at any time by providing written notice. You remain responsible for payment of fees for work completed up to the termination date.

10.2 Firm Termination

We reserve the right to terminate our services under certain circumstances, including non-payment of fees, loss of confidence in the client's instructions, or conflicts of interest. We will provide reasonable notice except where immediate termination is required by professional obligations.

10.3 Effects of Termination

Upon termination, we will provide you with your file contents subject to payment of outstanding fees. We retain the right to maintain copies for our records as required by professional standards.

10.4 Surviving Provisions

Obligations related to confidentiality, payment of fees, intellectual property rights, and dispute resolution survive termination of our engagement.

11. Dispute Resolution

11.1 Informal Resolution

In the event of any dispute arising from our services or these terms, the parties agree to first attempt informal resolution through good-faith discussion.

11.2 Mediation

If informal resolution is unsuccessful, the parties agree to attempt mediation before pursuing litigation or arbitration. Mediation costs will be shared equally unless otherwise agreed.

11.3 Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws of British Columbia and the federal laws of Canada applicable therein. The courts of British Columbia have exclusive jurisdiction over any disputes arising from these terms or our services.

12. General Provisions

12.1 Entire Agreement

These Terms and Conditions, together with any written engagement letter, constitute the entire agreement between you and Evergreen regarding use of our website and services.

12.2 Severability

If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force.

12.3 No Waiver

Our failure to enforce any right or provision of these terms will not constitute a waiver of that right or provision.

12.4 Assignment

You may not assign or transfer your rights or obligations under these terms without our written consent. We may assign our rights and obligations with notice to you.

12.5 Notices

Official notices under these terms should be sent to [email protected] or to our mailing address. We will send notices to you at the contact information you have provided.

12.6 Changes to Terms

We may update these Terms and Conditions periodically. Changes will be posted on our website with an updated "Last Updated" date. Your continued use of our website or services after changes are posted constitutes acceptance of the revised terms.

13. Contact Information

For questions about these Terms and Conditions, please contact us: