Last Updated: August 21st, 2024
Introduction
Welcome to Evolve Marketing & Media. These Terms and Conditions outline the rules and regulations for the use of our website and services. By engaging with our services or accessing our website, you agree to comply with and be bound by the following terms and conditions.
1. Website Use
1.1 Data Collection and Cookies
Evolve Marketing & Media uses Meta Pixels, Google Analytics, and Google Tracking software to collect data on how visitors interact with our website. This data is used to enhance user experience, monitor website performance, and for marketing purposes. By using this website, you consent to the use of cookies and data collection practices as outlined in our [Privacy Policy](#).
You have the option to disable cookies through your browser settings; however, doing so may affect your experience on our website.
1.2 User Responsibilities
As a user of this website, you agree not to:
– Use the website for any unlawful purpose.
– Engage in any activity that could harm, disrupt, or impair the website’s functionality or security.
– Attempt to gain unauthorized access to any portion of the website or any other systems or networks connected to the website.
– Use the website to transmit any harmful, offensive, or illegal content.
1.3 Intellectual Property (Website Content)
All content on this website, including text, graphics, logos, images, and software, is the property of Evolve Marketing & Media or its licensors and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, or create derivative works from any part of this website without the express written consent of Evolve Marketing & Media.
1.4 Links to Third-Party Websites
Our website may contain links to third-party websites for your convenience. Evolve Marketing & Media is not responsible for the content, privacy practices, or terms of service of these third-party websites. Accessing any linked site is at your own risk.
1.5 Limitation of Liability for Website Use
Evolve Marketing & Media does not guarantee that the website will be available at all times or free from errors or viruses. We are not liable for any damages that may result from the use of, or inability to use, the website.
2. Services
Evolve Marketing & Media provides the following services:
– Social Media Management
– Email Marketing
– Website Design & Development
– Paid Advertising (PPC)
– Search Engine Optimization (SEO)
These services are provided under the terms set out below.
3. Client Obligations
To ensure the successful delivery of services, clients are required to:
– Provide all necessary access to accounts, platforms, and materials that are essential for Evolve Marketing & Media to perform the agreed-upon services.
– Be available for a monthly meeting to review project progress and provide feedback.
Failure to meet these obligations may result in delays or the inability to perform the services effectively.
4. Intellectual Property Rights (Client Services)
All content created by Evolve Marketing & Media for the client remains the intellectual property of the client. However, Evolve Marketing & Media reserves the right to showcase this content in our portfolio, marketing materials, or case studies.
5. Payment Terms
Our services are typically billed on a monthly retainer basis. The specific payment structure will be detailed in the contract or agreement signed by both parties before the commencement of services. Payment is due according to the terms specified in the invoice. Failure to make payment on time may result in the suspension of services.
6. Confidentiality
Evolve Marketing & Media is committed to maintaining the confidentiality of any proprietary or sensitive information provided by the client. We will not disclose any confidential information to third parties without the express consent of the client, except as required by law. This obligation of confidentiality will remain in effect even after the termination of the agreement.
7. Limitation of Liability (General)
Evolve Marketing & Media is not liable for any damages, whether direct, indirect, incidental, or consequential, arising from the use of our services or the inability to use them. Our total liability to the client will not exceed the amount paid for the services in question.
8. Governing Law and Dispute Resolution
8.1 Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of Jamaica. Any disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Jamaica.
8.2 Dispute Resolution
In the event of any dispute arising out of or in connection with these Terms and Conditions, the parties agree to first attempt to resolve the dispute through negotiation. If the dispute cannot be resolved through negotiation, the matter will be referred to arbitration in accordance with the laws of Jamaica. The decision of the arbitrator will be final and binding on both parties.
9. Termination
Either party may terminate this agreement at any time by providing written notice to the other party. Termination will be effective immediately upon receipt of such notice, and there will be no penalties for termination. However, the client will be responsible for paying any outstanding invoices for services rendered up to the date of termination.
10. Amendments
Evolve Marketing & Media reserves the right to amend these Terms and Conditions at any time. Any amendments will be effective immediately upon posting on our website. We encourage clients to review these terms periodically to stay informed of any changes. Continued use of our services after any changes will constitute acceptance of the revised Terms and Conditions.