Terms and Conditions
Effective Date: [Insert Date]
Company: Evolve, LLC
Address: 2147 Union Street, Niskayuna, NY 12309
Phone: 518-810-3735
Email: jim@evolvebusiness.com
1. Introduction
These Terms and Conditions (“Agreement”) govern the provision of digital marketing, SEO, consulting, and website services (“Services”) by Evolve, LLC (“Company,” “we,” “us,” or “our”) to any individual or business (“Client,” “you,” or “your”) who engages with us through a formal agreement, proposal, or invoice. By using our Services, you agree to these terms.
2. Scope of Work
Each engagement is defined by a proposal, invoice, or written agreement outlining the scope, deliverables, and timeline. Services may include one-time projects, monthly retainers, consulting, or other custom work.
3. Payment Terms
We accept all major credit cards, ACH transfers, and online payments, as well as invoiced payments via check.
Monthly services are billed at the beginning of the month unless otherwise agreed.
One-time projects may require a deposit or milestone payments.
All invoices are due within the timeframe specified (typically Net 15 unless otherwise agreed).
Late payments may incur a fee or result in a pause of services.
4. Cancellations and Termination
Either party may terminate monthly services with a 30-day written notice. All outstanding balances must be paid before any account assets or access are transferred to the Client or a third party.
We reserve the right to terminate services immediately in cases of non-payment, breach of contract, or behavior we consider unethical or abusive.
5. No Guarantees
While we use best practices and data-driven strategies, Evolve, LLC makes no guarantees regarding rankings, traffic, conversions, or other marketing outcomes. Each market and business is different, and results will vary.
However, if a Client is dissatisfied, they are free to cancel with proper notice as outlined above.
6. Client Responsibilities
To deliver effective results, the Client agrees to:
Provide timely access to websites, platforms, and accounts necessary for the work.
Respond promptly to requests for feedback or approval.
Refrain from making changes to sites or campaigns that interfere with performance or tracking.
7. Exclusivity by Market
To protect the integrity of our work and prevent conflicts of interest, we work with only one client per industry type per defined geographic market. Once we commit to your project, we will not work with a direct competitor in the same market area.
8. Intellectual Property
All materials created by Evolve, LLC — including strategy documents, reports, designs, copywriting, and code — remain our property until final payment is received. After full payment:
Work specifically created for and delivered to the Client becomes the Client’s property.
Evolve retains the right to reuse general frameworks, ideas, templates, or tools used in the course of delivering services, as these are part of our broader intellectual process and expertise.
We recommend Clients retain backups of their websites and marketing assets.
9. Confidentiality
Both parties agree to keep confidential any non-public information shared during the course of the engagement, including but not limited to trade secrets, strategies, financial information, and customer data.
10. Limitation of Liability
To the maximum extent permitted by law, Evolve, LLC shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, data, or business opportunities. Our total liability for any claim shall not exceed the amount paid by the Client in the three months prior to the claim.
11. Governing Law
These terms are governed by the laws of the State of New York. Any disputes arising under this agreement shall be resolved in the appropriate courts of Schenectady County, New York.
12. Modifications
We may update these terms from time to time. When we do, we’ll notify active clients and post the updated version on our website.
Questions?
We’re here to help. Contact Jim Gilbert at jim@evolvebusiness.com with any questions or concerns.