Terms and Conditions

1About These Terms

1.1These Terms and Conditions (the “Terms”) apply to all services provided by EvoltriX (“we”, “us”, “our”), a digital marketing agency registered in the Ajman Free Zone, UAE, to the business or person that engages us (“you” or “the client”).

1.2Our services are intended for businesses and professionals. If you are an individual using our services for personal, family or household purposes, tell us before you engage us, because different legal protections may apply.

1.3Each project is described in a written proposal, quote or scope of work (the “Scope”). These Terms and the Scope together form our agreement. If they conflict, the Scope applies for that project, unless it says otherwise.

1.4By accepting a proposal, paying an invoice or telling us to start work, you agree to these Terms.

2Our Services and Scope

2.1We provide search engine optimisation, website design and development, Google Business Profile optimisation, social media management, paid advertising management and graphic design. The services we provide to you are those set out in your Scope.

2.2Work outside the Scope is not included. If you ask for extra work, we will agree the cost and timing with you in writing before we start.

2.3We provide our services with reasonable skill and care. We may use subcontractors and specialist partners to deliver them, and we remain responsible to you for the work they do for us.

3Fees and Payment

3.1Our fees are set out in the Scope. Unless the Scope says otherwise, fees are in UAE dirhams (AED) and do not include VAT, which we add where it applies.

3.2Invoices are payable by the date and in the instalments stated in the Scope or invoice. We may pause work while a payment is overdue.

3.3For ongoing monthly services, fees are charged in advance for each month, as agreed in the Scope.

3.4If a payment is late, we may charge reasonable costs of recovery as allowed by UAE law.

3.5We may change our fees for ongoing services by giving you reasonable written notice before the change takes effect.

4Advertising Spend and Third-Party Costs

4.1Advertising spend is separate from our fees. You pay advertising platforms, such as Google and Meta, directly from your own ad account, and we do not mix your ad spend with our fees.

4.2Costs from third parties, such as domain names, hosting, premium plugins, stock images, fonts and printing, are not included in our fees unless the Scope says so. We will tell you about them before they are incurred.

4.3We will stay within the advertising budget you approve. We will not exceed it without your written approval.

5Your Responsibilities

5.1To do our work well and on time, you agree to:

• Give us accurate information, materials and access to the accounts, websites and platforms we need.
• Appoint one person who can give approvals and feedback within the time we agree.
• Review and approve work promptly.
• Make sure you have the right to use everything you give us, including text, images, logos, music and data, and that it does not break anyone else’s rights or any law.
• Keep ownership and administrator control of your own accounts, such as your ad accounts, social accounts and domain names.

5.2Delays caused by missing information, access or approvals may move our timelines. We are not responsible for delay or loss caused by them.

6Approvals, Revisions and Timelines

6.1We will share work for your review at the stages set out in the Scope. We will not publish content or launch campaigns on your behalf without your approval, unless the Scope says otherwise.

6.2The number of revision rounds is stated in the Scope. Further revisions can be agreed as extra work.

6.3Timelines are estimates unless the Scope says they are fixed. They depend on prompt feedback and access from you, and on third parties such as platforms, printers and hosting providers.

7No Guarantee of Results

7.1Digital marketing depends on factors we do not control, including search engine and social platform algorithms, advertising platform decisions, competitors, your market, your offer and your website.

7.2We do not guarantee rankings, traffic, followers, leads, sales, return on advertising spend or any other result. We commit to carrying out the services described in the Scope with reasonable skill and care, and to reporting honestly.

7.3Platforms may suspend ad accounts, reject adverts or change their rules without notice. We are not responsible for decisions made by third-party platforms.

8Intellectual Property

8.1We keep ownership of our pre-existing materials, working files, templates, code libraries, tools, methods, processes and know-how, and of anything we create that is not specifically delivered to you.

8.2Once you have paid in full, you receive the right to use the final deliverables identified in the Scope for your own business, unless the Scope says otherwise. Ownership of final deliverables passes to you on full payment, except for third-party materials and our retained materials described above.

8.3Editable source files and working files are included only if the Scope says so.

8.4Some deliverables include third-party materials, such as fonts, images, plugins or software, which are provided under their own licences. You must follow those licences.

8.5You give us permission to use the materials you supply for the purpose of providing the services.

8.6Unless you tell us in writing that you object, we may describe our work for you, and show non-confidential examples of it, in our portfolio and marketing. We will not name you or show confidential information without your agreement.

9Confidentiality

9.1Each of us will keep the other’s confidential information private and use it only for the purposes of the services. This does not apply to information that is public through no fault of ours, that we already knew or that we are required by law to disclose.

9.2This duty continues after our agreement ends.

10Data Protection

10.1Each of us will comply with the data protection laws that apply to us, including the UAE Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data.

10.2Where we handle personal information on your behalf, for example when we manage lead forms or advertising audiences, we do so only on your instructions and with appropriate security measures. You are responsible for having a lawful basis, and any consents or notices, for the personal information you ask us to use.

10.3Our Privacy Policy explains how we handle personal information as a business.

11Term, Cancellation and Termination

11.1Project work runs until the deliverables in the Scope are completed. Ongoing services continue month to month, or for the period in the Scope, until either of us ends them by giving written notice. The notice period is stated in the Scope, and if it is not, it is 30 days.

11.2Either of us may end the agreement immediately by written notice if the other commits a serious breach that cannot be fixed, or does not fix a breach within a reasonable period after being asked to.

11.3We may suspend or end our services immediately if you ask us to do something unlawful or in breach of a platform’s rules, or if payment remains overdue after a reasonable reminder.

11.4When the agreement ends, you must pay for work completed and costs incurred up to that date. We will return or give you access to materials and accounts that belong to you.

12Refunds

12.1Once work has started, fees paid are not refundable, because we reserve time and resources for your project.

12.2If you cancel before work starts, we will refund fees you have paid for work that has not started, less any non-refundable costs we have already committed on your behalf.

12.3Nothing in this section limits any right you have under UAE law that cannot be excluded.

13Limits on Our Liability

13.1Subject to the next clause, our total liability to you for all claims arising from or related to our agreement, whether in contract, tort or otherwise, is limited to the fees you paid us in the three months before the event that gave rise to the claim.

13.2We are not liable for indirect or consequential loss, or for loss of profit, revenue, business, data, goodwill or opportunity, even if we were told it was possible.

13.3Nothing in these Terms excludes or limits liability that cannot be excluded or limited under UAE law, including liability for fraud, wilful misconduct or gross negligence.

13.4We are not liable for delay or failure caused by events outside our reasonable control, including platform outages, internet or power failures, changes in law, natural events and government action.

14Your Responsibility for Your Content

14.1You will be responsible for, and will reimburse us for, claims, losses and reasonable costs that arise from materials or instructions you give us that infringe someone else’s rights or break the law, or from your products, services or offers.

15Using Our Website

15.1You may use our website for lawful purposes. You must not misuse it, attempt to gain unauthorised access to it, or copy it in a way that infringes our rights.

15.2We work to keep the information on our website accurate, but it is general information and not professional advice. We may change or remove content at any time.

15.3Our website may link to third-party sites that we do not control. We are not responsible for their content.

16General

16.1Entire agreement: these Terms and the Scope are the whole agreement between us on their subject, and replace earlier discussions.

16.2Changes: we may update these Terms. The version in force when you accepted the Scope applies to that project. For ongoing services, we will give you reasonable notice of changes, and you may end the service if you do not accept them.

16.3Assignment: you may not transfer your rights or duties under our agreement without our written consent. We may transfer ours to a successor of our business.

16.4Severability: if part of these Terms is found unenforceable, the rest remains in force.

16.5No waiver: if we do not enforce a right straight away, we have not given it up.

16.6Notices: notices may be given in writing by email to the addresses used for the project.

16.7Language: these Terms are in English, and the English version prevails.

17Governing Law and Disputes

17.1These Terms and our agreement are governed by the laws of the United Arab Emirates, as applied in the Emirate of Ajman.

17.2If a dispute arises, we will first try to settle it through good-faith discussion for at least 30 days after one of us has given written notice of the dispute.

17.3If it is not settled, the dispute will be finally resolved by arbitration under the rules of the Dubai International Arbitration Centre (DIAC) in force at the time. The seat of arbitration will be Dubai, UAE, the language will be English, and there will be one arbitrator. The award is final and binding.

17.4Either of us may ask a competent court for urgent interim relief, such as an injunction, to protect our rights while arbitration is pending.

18Contact Us

18.1For questions about these Terms, contact us:

• Email: info@evol-trix.com
• Phone and WhatsApp: +971 56 905 2369
• Website: evol-trix.com