Terms of Service

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Terms of Service

1. Introduction

These Terms of Service (“Agreement”) govern the use of the digital marketing services provided by Evolution Digital Marketing (“Company”). By accessing or using any of the services offered by the Company, you agree to be bound by the terms and conditions outlined in this Agreement.

2. Engagement of Services

2.1 The Company agrees to provide digital marketing services to clients (“Clients”). The scope of services shall be agreed upon separately through a written contract (“Contract”) between the Company and the Client.

2.2 All Contracts entered into between the Company and its Clients are non-refundable and final, irrespective of outcomes or circumstances unless otherwise stated in the Contract.

3. Limitation of Liability

3.1 Due to the ever-changing policies of search engines such as Google, Bing, and others, the Company cannot guarantee any specific timeframe for achieving website ranking goals or other results. The success of digital marketing efforts is influenced by various factors beyond the control of the Company, including but not limited to changes in algorithms, competition, and market conditions.

3.2 The Company shall not be held liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use of its services, including but not limited to loss of profits, data, or business opportunities.

4. Data Privacy and Security

4.1 The Company acknowledges the importance of data privacy and is committed to protecting the confidentiality and security of Client information. The Company will adhere to applicable data protection laws and regulations and maintain reasonable measures to ensure the safety of personal and confidential data shared by the Client.

4.2 The Company may collect, store, and process personal data for the purpose of providing digital marketing services. By using the Company’s services, the Client consents to the collection, storage, and processing of their personal data in accordance with the Company’s Privacy Policy.

5. Intellectual Property Rights

5.1 The Company retains all intellectual property rights, including but not limited to copyrights, trademarks, and trade secrets, associated with its services, methodologies, and deliverables unless otherwise agreed upon in writing.

5.2 The Client shall not reproduce, distribute, modify, create derivative works from, or publicly display any materials provided by the Company without obtaining prior written consent.

6. Warranties and Disclaimers

6.1 The Company warrants that it will perform its services with reasonable skill and care and in accordance with industry standards. However, the Company does not warrant that the services will be error-free, uninterrupted, or meet the specific requirements of the Client.

6.2 The Company disclaims all other warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

7. Indemnification

The Client agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or in connection with:

(i) the Client’s use of the Company’s services; (ii) any breach of this Agreement by the Client; (iii) any infringement of intellectual property rights by the Client; or (iv) any third-party claims arising from the Client’s actions or omissions.

8. Dispute Resolution

Any disputes arising out of or in connection with this Agreement shall be resolved amicably through good-faith negotiations between the parties. If a resolution cannot be reached, either party may initiate legal proceedings in the appropriate jurisdiction.

9. Miscellaneous

9.1 This Agreement constitutes the entire agreement between the Company and the Client, superseding any prior agreements or understandings, whether written or oral, relating to the subject matter herein.

9.2 This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is located.

9.3 If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

By using the services of Evolution Digital Marketing, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service.