Overview

This website is owned and operated by Evolvatec Inc. All information on this website is offered on an as-is basis and your continuation to use the website and our services in any or all aspects are subject to your agreement to and acceptance of the terms and conditions outlined below.

Hereafter, any “person”/”organization”/”Company”/”agency” buying or availing of any packages, plans referred in this document as “Services” that includes – Web Design, Search Engine Optimization SEO, Pay-Per-Click Campaigns, Facebook Advertising, Google AdWords, PPC Ads, Ad Management, Analytics Reports, Digital Marketing, Monthly Maintenance, WordPress, WooCommerce, E-commerce, Service Call, Landing Page, Graphic Services including Logo, Brand Identity, Brochures, Business Cards, Banners, Posters, E-Design, Presentation, eBrochures, Booklet, Folder, QR Code, Audio, Print, Delivery, Video, ebooks, Editing, Branding, Video Production & Shooting, Photography, Social Media, Social Media Icons, Internet Marketing Training and any other Strategy Formulation, Training, Graphics and any Marketing and Sales something from Evolvatec Inc. or any of the direct / redirect / indirect links to this page, URL’s, or Domains will be referred in this document as “Client”, “you”, “your” and Evolvatec Inc. as the “Service Provider and all references to ‘we’, ‘us’ ‘our’ shall refer to mean Evolvatec Inc.

General Terms & Conditions

• Ownership

As the sole and absolute owner of this website and domain and contents herein, Evolvatec Inc. reserves the right to refuse access to the website or services to anyone at any given time for any reason whatsoever without having to justify or explain the same.

• Indemnity

Your continued usage of this website and availing of our services is at your own risk and liability and you agree to indemnify Evolvatec Inc. of any damages or liability arising out of your usage, including but not limited to transmission of electronic data over various networks, outages, and you indemnify Evolvatec Inc. from any liability out of using the website in any matter whatsoever. Further, you agree to indemnify Evolvatec Inc, it’s service providers, contractors, agents and partners and hold them harmless from any claim or demand or damages arising out of your usage of this website and availing our services and you also indemnify us of any breach of terms of services as outlined here or in relation to your violation of any law or third party rights.

• Website information

Website information and pages are subject to change at any time and we take no responsibility for the accuracy, recency or completeness of information contained herein. The material contained on this site is for general information and Evolvatec Inc. does not make any express claim to it’s accuracy and any action taken relying upon this website or information is at your own risk and consequences and you agree to indemnify us of any claims and damages arising out of the same.

Further, Evolvatec Inc. reserves the absolute right to modify this website and any contents at any given time without any obligation to do so.

Nature of Services & Contracts

Evolvatec Inc. is a digital marketing proprietary concern offering services including but not limiting to website designing and development, website application development, mobile application development, logo and brand identity designing, graphic designing, digital and internet marketing, lead generation, paid advertising, content writing and marketing, website and applications maintenance. 

The list of services is subject to change at any given time and we reserve the right to limit or discontinue any or all of our services to anyone at any given time without notice and at our sole discretion.

All our services are governed by standard service contracts that define the relationship between us and our clients explicitly as independent service providers only without any additional caveat or partnership or alliance or association or employer-employee arrangement, or joint venture or in any other manner or form whatsoever.

The date of commencement of services will be mutually agreed upon by both parties.

A person who is not party to the contract shall not have any rights under it or in connection with it.

Evolvatec Inc. will have the right to engage with other third party service providers for subcontracted work to complete, depending on the nature of services and terms of engagement. 

Payments and Refunds

We charge payments based on the nature of services availed and pricing is not absolute nor fixed at any point, subject to different variables such as nature and duration of services involved. Services being governed by service contracts that outline explicitly the terms and conditions of our engagement with any client at any point of time, we reserve the right to amend our prices, modes and terms of payments at any given point of time without any obligation to anyone whatsoever.

Payment and refund terms are discussed in advance with each client at the commencement of each project and Evolvatec Inc. reserves the right to keep all such information confidential at all times.

Evolvatec Inc. is GST compliant and all invoices are marked up with 18% GST or as required by law. All payments and refunds are accepted and processed strictly using standard banking and payment channels.

We are not liable to any client or any third party for any changes to pricing and/or suspension or discontinuation of our services for any reason whatsoever.

Billing Terms

1. The CLIENT hereby agrees to pay the fees in price and schedule as listed on the agreement completed by CLIENT or in the proposal submitted to CLIENT.
2. If full advertising budget (when applicable) is not spent due to online demand or inventory, in the event there are additional months of advertising, balance will be applied to the upcoming month(s) unless prior written communication states that any unspent amounts are to be refunded & will be promptly refunded within 7 business days.
3. The CLIENT hereby grants permission for Evolvatec Inc. to charge CLIENT’s credit, debit card or bank account on file according to the price and schedule listed on the agreement or proposal every month for the amount agreed to as the monthly spend under AGREEMENT. If the invoiced budget is a one-time charge then no monthly charge will apply. Monthly payments will be put on auto-bill and will automatically be charged to the credit card on file on the same day every month as the first payment date made.
4. CLIENT agrees to pay upon execution of this agreement. We reserve the right to stop work until payment is made. Should collection activities become necessary, CLIENT agrees to pay all fees relating to said collection activities.
5. We reserve the right to add late fee of 5% per month on outstanding invoices at least one month past due.

Third Party Tools, Links, Products & Services

From time to time, Evolvatec Inc may provide access or direction to use third party tools, APIs or applications over which we may not have control or agency or monitoring capabilities. You agree to use such tools at your own risk and they are provided on an as-is, where-is basis without any warranties or representations implied or explicit of any kind. Evolvatec Inc. shall not be liable due to any damages or claims arising out of your usage of them and you shall continue to use them at your own discretion.

Similarly, our website or services may have links to third party apps or websites or may contain material that is not directly related to us or our offerings. You agree to hold us not responsible for any damages or liabilities arising out of your usage of such apps or links or content or products. Evolvatec Inc. shall not be responsible for the accuracy or lack of thereof of such third party content at any given time nor will have any liability related to them.

Further, We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site,  or its content or our services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. Further, any such indulgence by you will automatically indemnify us from any liability legally or otherwise arising out of the same.

Disclaimer of Warranty; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

In no case shall Evolvatec Inc, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or our website or any products procured using the services, or for any other claim related in any way to your use of the services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Force Majeur

The affected party is excused from performance under this AGREEMENT for the duration of the Force Majeure event thereby extending the completion date. If the Force Majeure event continues past the agreed AGREEMENT completion date, the AGREEMENT may be terminated and both parties excused from their liabilities. Force Majeure events include, but not limited to, fire, explosion, strikes, riots, terrorist activity, war, acts of nature which prohibit travel, and acts of God.

Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to our services constitutes the entire agreement and understanding between you and us and govern your use of our services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and jurisdiction of Mumbai, Maharashtra

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

Questions about the Terms of Service should be sent to us at info@evolvatec.com.