Evolentra Terms and Conditions
1.1 These Terms and Conditions ("Terms") govern the use of services provided by Evolentra LLC ("we," "us," or "our"), a company registered in the United States as a Limited Liability Company (LLC) with primary operations based in Dover, Delaware, specializing in Conversion-Ready Systems for Targeted Automated Leads.
1.2 By engaging our services, you ("Client" or "you") agree to abide by these Terms.
2.1 Evolentra provides systems and strategies for optimizing conversions and generating leads, including but not limited to paid ads, conversion funnel design, lead generation, consulting, and sales optimization.
2.2 The specific services to be provided will be outlined in a separate agreement or statement of work. All services are tailored to meet the specific needs of each client. Any changes to the agreed scope of work may result in additional fees.
3.1 You agree to provide accurate and complete information necessary for us to perform our services.
3.2 You are responsible for implementing and maintaining appropriate security measures to protect your systems and data.
3.3 You acknowledge that you are responsible for compliance with laws and regulations specific to your jurisdiction regarding data protection, privacy, and marketing practices.
3.4 You agree to collaborate with us and provide necessary feedback and approvals promptly.
4.1 We retain all intellectual property rights in our methodologies, processes, and proprietary systems used during the provision of services.
4.2 You retain ownership of your pre-existing intellectual property and any content you provide to us.
4.3 You grant Evolentra a non-exclusive, royalty-free license to use, reproduce, and modify client-provided materials solely for the purpose of providing the agreed services. Where agreed upon in writing, you retain ownership of all deliverable materials provided to you by Evolentra.
5.1 Both parties agree to keep confidential any proprietary or sensitive information shared during the course of our engagement and not to use it for any purpose other than the fulfilment of the service agreement.
5.2 This confidentiality obligation extends to information protected under both United States and the clients local jurisdiction law.
6.1 Fees for our services will be as agreed upon in our service agreement or proposal provided to each client. Prices are subject to change based on the scope of work.
6.2 Payments are due within 30 days of issue unless otherwise specified. Late payments may incur additional fees.
6.3 Fees, as specified in the service agreement, are rated in US Dollars and will be charged at the most current currency rate but payments be made in the clients currency.
7.1 While we strive to deliver superior results, we cannot guarantee specific conversion rates or lead generation outcomes, as these can be influenced by factors outside our control.
8.1 Our liability is limited to the amount paid for our services in the 12 months preceding any claim.
8.2 We are not liable for any indirect, consequential, or special damages.
8.3 Evolentra provides services on an “as-is” basis without any warranties, express or implied.
9.1 Either party may terminate the agreement with 30 days' written notice.
9.2 You remain responsible for payment of services rendered up to the termination date.
9.3 Fees for services rendered up to the termination date are non-refundable unless you are terminating the agreement due to a breach of contract.
10.1 Both parties agree to comply with all applicable laws and regulations within their jurisdiction, including but not limited to:
All United States, international, federal and state laws applicable to LLCs, digital marketing, business operations, data protection and cross-border data transfers and digital services
10.2 You are responsible for ensuring that your use of our services complies with laws in your jurisdiction.
11.1 We comply with applicable data protection laws in the United States, the clients local jurisdiction and International laws.
11.2 Our data processing practices are in line with the Protection of Personal Information Act (POPIA) and, the General Data Protection Regulation (GDPR), General Data Protection Regulation (GDPR) and ePrivacy in the European Union, California Consumer Privacy Act (CCPA) and The California Online Privacy Protection Act (CalOPPA) of the USA, The Privacy Act 1988 of Australia, The Personal Information Protection and Electronic Documents Act of Canada and all applicable international law related to Data Protection and Privacy.
11.3 Details of our data protection practices are outlined in our separate Privacy Policy.
12.1 We reserve the right to modify these Terms. Any changes will be communicated to you and will take effect within 30 days of notification.
13.1 Any disputes arising from these Terms shall first be attempted to be resolved through good-faith negotiations.
13.2 If negotiations fail, disputes shall be resolved through arbitration in accordance with the rules of the American Arbitration Association, with the arbitration to take place in Delaware.
14.1 These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
14.2 This choice of law does not prevent either party from seeking injunctive relief in any appropriate jurisdiction with respect to violation of intellectual property rights or confidentiality obligations.
By engaging the services of Evolentra, you acknowledge that you have read, understood, and agree to these Terms and Conditions.
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