Terms + Conditions
* Interest rate for late payment is 3% monthly / 36% annually. Payment is due at the time of issuance. Payments made after five (5) days are considered late.
* If client does not respond to Evolvs’ communications (email, written, or phone messages) for more than seven (7) business days, Evolvs reserves the right to invoice the client for work completed to date.
* If an invoice goes unpaid for more than 60 days and a client is unresponsive and/or makes no attempt to submit payment, the retainer is automatically cancelled. The client will be responsible for all balances up through the end of the cancellation period.
* Provide any required text for project electronically.
* Provide desired images unless Evolvs has been contracted to retrieve images.
* Designate one person to be the point of contact for this project. All communications will be through this point of contact including but not limited to, approvals, reviews, changes, modifications, redesign and upgrades. This person will have final say, as a company representative, and will be responsible for all decisions. It is understood that this is a joint project and both parties will contribute time and energies towards its completion. Upon signing, please designate all parties who will act on your behalf, as company representative & deciding party.
Unless otherwise specified by client or Evolvs, or restricted through an existing Non-Disclosure Agreement or Confidentiality Agreement between parties, Evolvs and client reserve the right to publicize their business relationship, project overview, or project results, in a manner and fashion considered positive to each party. Such publication shall be limited to press releases, industry news releases, and normal marketing collateral materials in printed or electronic format.
Client grants Evolvs permission to publish its logo and the client company name on Evolvs collateral materials for both printed and onscreen public viewing for the express purposes of marketing its development and consultant services to potential clients only.
Delivery of all project tasks is based on schedule availability. Specific timing cannot be guaranteed.
This proposal, together with all of the exhibits referenced herein, contain all of the agreements, understandings, representations, conditions, warranties and covenants made between the parties hereto. Unless set forth herein, neither party shall be liable for any other representations made. In the event that disputes arise that cannot be resolved amicably, both parties agree to submit to a process of arbitration.
It is understood that the work created by Evolvs pursuant to this Agreement shall ultimately be deemed “work made for hire.” However, until final payment is made, Evolvs shall retain all right, title and interest in said work, including any design, photography and all other intellectual property rights related thereto. Upon final payment, Evolvs shall fully assign and set over Client all of the right, title and interest in the work so that Client shall become the full owner thereof.
In the event that the client cancels project before completion, Evolvs shall deem the project completed and will invoice for the outstanding effort, time, and expenses up to the point of cancellation. If the work completed at the time of cancellation does not exceed the deposit made, the client will be credited for time not yet spent. This effort will be calculated as the actual time spent on the project up to the point of cancellation and will be calculated using the hourly rates agreed as part of the original quotation.
Cancellation of Significant Meetings:
A meeting of two (2) hours or more, and consisting of more than one (1) Evolvs employee is defined as a “significant meeting” (for example a Kick-Off Meeting, a Brainstorming Meeting, a Planning or Strategy Day). In the event the client cancels a significant meeting with less than a seven (7) day notice from the scheduled meeting date, Evolvs reserves the right to charge client for up to 50% of the meeting cost, PLUS up to 100% of any preparation time, food, travel, materials or other expenses incurred that are directly tied to the significant meeting and cannot be re-used or reimbursed. Cancellations made up to seven (7) days before a significant scheduled in-person/virtual meeting will be processed without a penalty, unless there are any preparation time, food, travel, materials or other expenses incurred that are directly tied to the significant meeting and cannot be re-used or reimbursed.
Any project where payment is based on a monthly schedule and not a milestone schedule is considered a “retainer.” Client can cancel this retainer with 60 days’ notice from the beginning of any calendar month. Two full months’ notice from the 1st of a calendar month is needed to cancel this contract. Therefore, the most notice needed is 90 days and the least notice needed is 60 days. For example, if notice were given on the 15th, this would require approximately 75 days, if notice were given on the 5th this would require approximately 85 days, if notice were given on the 30th, this would require approximately 60 days. Retainer cancellation, if given verbally or via email, requires a reply email confirming acknowledgement of cancellation. Cancellation via certified mail will also be accepted, mail to Evolvs, 320 East Clayton St., Suite 414 Athens, GA 30601.
Estimates + Proposals are valid for 14 days, after which time Evolvs reserves the right to re-estimate the project/retainer as needed.