Terms and Conditions

Effective October 4, 2026. These terms replace all earlier versions of Evolve's Terms and Conditions.

1. How we work

There is no long-term contract. You work with Evolve, LLC ("Evolve", "we") month to month, and you can stop any month. These terms set out how that works for both of us, so expectations are clear from the start.

They apply to every service we provide to you ("Client", "you"), including SEO, Google Business Profile management, website design and development, hosting, content and reporting. The specific services and monthly fee for your account are in your proposal or invoice. If anything in your proposal conflicts with these terms, these terms apply unless we have both agreed otherwise in writing.

You accept these terms when you pay an invoice that references them, confirm them by email, or accept them at checkout.

One client per market. To avoid conflicts of interest, we work with only one client per industry in each local market. While your account is current, we will not take on a direct competitor in your industry and market area, unless you agree to it in writing. Your market area is the city or service area named in your proposal.

2. Fees and payment

Monthly fee. Your monthly fee is billed in advance through Stripe on the same date each month. One-time projects, such as a website build, are billed as stated in the proposal.
When it is due. Invoices are due on receipt unless we have agreed other terms in writing. You can pay by card, ACH or check.
Results are not a condition of payment. Fees are for the work performed. Search rankings and traffic depend on factors outside anyone's control (see Section 7).
Late payments. A late fee of 1.5% per month may apply to any balance more than 15 days past due.
Pausing work. If an invoice is more than 15 days past due, we may pause active work on your account until it is paid. We will tell you in writing before we do. A pause does not reduce what is already owed.
Third-party costs. Ad spend, paid software, stock media, domain renewals and similar costs are yours, billed by the provider or passed through at cost with your prior approval.

3. Cancelling

Either of us can cancel any month. Email jim@evolvebusiness.com, or we will email you. Cancellation takes effect at the end of the billing month you have already paid for, and no further invoices are issued.
What is still owed. You pay for any month in which we performed work, including invoices issued before you cancelled.
Non-payment. If an invoice is more than 30 days past due, we may end these terms by written notice. We may also end them immediately in cases of abusive, unethical or unlawful conduct.
After cancelling. Your accounts and domain are handed over whenever you ask (Section 4.1). Your website backup and other deliverables are handed over once the balance is paid (Sections 4.2 and 5.3). We then remove ourselves from your accounts.

4. Who owns what

Your accounts are always yours. Your domain name, Google Business Profile, Google Analytics, Search Console, social media accounts, and any listings or citations created in your business name belong to you at all times, whether or not your account is current. If we register your domain for you, it may be held in Evolve's registrar account, but it is still yours, and we will transfer it to you whenever you ask.
Work we create is yours once the balance is paid. The website design, code, written content, graphics and other deliverables we create for you become yours once your balance is paid in full. Until then, you have a license to use them while your account is current.
Our tools stay ours. Our methods, templates, internal tools and know-how remain Evolve's. Premium software we use on your site under Evolve's own licenses (for example page builder, caching or form plugins) is licensed to Evolve. If you leave, you will need your own licenses for those tools or replacements for them, and we will tell you which ones apply.
Showing our work. We may show the work we did for you and its results in our portfolio and case studies, and may ask you for a testimonial. You can opt out at any time by email.

5. Website hosting

Included while your account is current. If we host your website, hosting is part of your monthly service for as long as your account is in good standing.
Suspension for non-payment. If an invoice is more than 30 days past due, we may suspend hosting after giving you 10 days' written notice. We restore it once the balance is paid.
Your website backup, once the balance is paid. When our work together ends and your balance is paid in full, we give you a complete backup of your website (files and database) and the settings needed to move it to a new host. You then have 30 days to move it, after which we may remove it from our servers.
Domain. Your domain is yours whether it is registered in your account or ours. If it is held in our account, we transfer it to you on request at any time, including when our work together ends, so your web address is never at risk.

6. What we need from you

Timely access to your accounts, answers to our questions, and accurate information about your business. You are responsible for the accuracy of the business facts you give us, such as licenses, hours, prices, service claims and reviews. You confirm that you have the rights to the photos, logos, text and other materials you give us to use, and you are responsible for any claim arising from them. Please give us our own login to your accounts rather than a shared one. We remove our access when our work together ends. Please check with us before making changes to your website, listings or ad accounts that could affect performance or tracking. Delays in access or approvals can delay the work, but do not change the monthly fee.

7. No guarantees

We use professional, ethical ("white hat") practices and consistent effort toward your goals. We do not guarantee specific rankings, traffic, calls or leads, because search engines and customer behavior are outside our control. We are also not responsible for actions taken by Google or other platforms, such as listing suspensions, algorithm updates or policy changes, although we will help you respond to them.

8. Confidentiality and liability

Confidentiality. We each keep the other's non-public information confidential, including financials, customer data and strategy. This continues after our work ends.
Limit of liability. Evolve's total liability for any claim is limited to the fees you paid in the 3 months before the claim. Neither of us is liable for indirect or consequential damages, such as lost profits.
Independent contractor. Evolve is an independent contractor, not your employee, partner or agent.
Our team. During our work together and for 12 months after it ends, you agree not to hire Evolve's employees or contractors directly without our written consent.

9. Disputes

These terms are governed by New York law. If a disagreement comes up, we will first try to resolve it directly and in good faith, then through mediation, before any formal legal action. Any legal action will be brought in the courts of Schenectady County, New York. If an unpaid balance has to be sent for collection, the reasonable costs of collecting it, including attorney's fees, are added to the balance.

10. Changes to these terms

We may update these terms by giving you 30 days' written notice. Continuing service after that date means you accept the update. Evolve, LLC, 2147 Union Street, Niskayuna, NY 12309, jim@evolvebusiness.com.