Terms of Service

These Terms of Service (“Terms”) govern your use of the website located at evolveit.au and any services provided by Evolve It (ABN 15 649 351 324) (“we”, “us”, “our”).

By accessing our website or engaging our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use our website or services.

These Terms are governed by the laws of Australia. Where you are a consumer, nothing in these Terms limits or excludes any rights you have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (ACL).

Evolve It provides AI-powered marketing services to Australian small and medium businesses, including:

• Website design and development
• Answer Engine Optimisation (AEO) and Generative Engine Optimisation (GEO)
• Graphic design and print-ready assets
• Meta (Facebook and Instagram) advertising management
• Brand identity and marketing strategy

The specific services, deliverables, timelines, and fees applicable to your engagement will be set out in a separate proposal, quote, or service agreement provided to you before work commences.

All fees are set out in your proposal or service agreement and are quoted in Australian Dollars (AUD) inclusive of any applicable GST unless otherwise stated.

• Project fees: a deposit (typically 50%) is required before work commences. The balance is due upon completion and prior to the delivery of final files or site launch.
• Ongoing retainer services: invoiced monthly in advance. Payment is due within 14 days of invoice.
• Late payments: overdue amounts may attract interest at the rate of 10% per annum, calculated daily, and we reserve the right to suspend services until payment is received.

All prices are subject to change. We will provide at least 30 days’ notice of any price changes affecting ongoing services.

To enable us to deliver our services, you agree to:

• Provide accurate, complete, and timely information, content, and materials we request.
• Ensure you own or have the right to use any content, images, or materials you supply to us.
• Provide timely feedback and approvals within agreed timeframes.
• Ensure that a nominated representative has authority to approve work on your behalf.

Delays caused by your failure to meet these obligations may affect delivery timelines and we accept no liability for such delays.

Your content: you retain ownership of all content, data, and materials you supply to us. You grant us a non-exclusive licence to use your materials solely for the purpose of delivering our services.

Our work product: upon receipt of full payment, we assign to you ownership of the final deliverables created specifically for your project (e.g. website design, custom graphics). We retain ownership of any pre-existing intellectual property, tools, frameworks, templates, or methodologies used in creating your deliverables, and grant you a non-exclusive, perpetual licence to use these as incorporated in the final deliverables.

Portfolio use: unless you request otherwise in writing, we reserve the right to display completed work in our portfolio and for promotional purposes.

Some of our services involve third-party platforms (e.g. Meta, Google, Vercel, domain registrars). Use of these platforms is subject to their own terms of service. We are not responsible for changes to third-party platform features, policies, pricing, or availability that may affect the performance or delivery of our services.

Where we manage third-party advertising accounts on your behalf, you acknowledge that ad performance depends on factors outside our control, including platform algorithms, market conditions, and audience behaviour. We make no guarantee of specific advertising results.

We warrant that our services will be delivered with reasonable care and skill. We do not warrant that:

• Your website will rank in any particular position on any search engine or AI platform.
• Advertising campaigns will achieve specific click-through rates, conversion rates, or return on ad spend.
• Our services will be uninterrupted or error-free.

To the extent permitted by law (and subject to consumer guarantees under the ACL), all other warranties, express or implied, are excluded.

To the maximum extent permitted by law, our total liability to you arising out of or in connection with our services is limited to the total fees paid by you to us in the 3 months preceding the event giving rise to the claim.

We are not liable for any indirect, incidental, special, or consequential loss, including loss of revenue, loss of profit, loss of data, or loss of business opportunity, even if we have been advised of the possibility of such loss.

Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the ACL, where to do so would be unlawful.

Either party may terminate an ongoing service engagement by giving 30 days’ written notice.

We may terminate or suspend your access to our services immediately and without notice if you breach these Terms, fail to pay outstanding invoices, or engage in conduct that is harmful to us or our clients.

Upon termination, you remain liable for any fees accrued up to the termination date. We will provide you with all deliverables completed and paid for at that point.

We aim to resolve any dispute promptly and fairly. If you have a concern, please contact us first using the details in Section 12. We will respond within 10 business days and make a genuine effort to resolve the matter.

If we cannot resolve the dispute directly within 30 days, either party may refer the matter to mediation before a mediator agreed by both parties. The costs of mediation will be shared equally unless otherwise agreed.

These Terms are governed by the laws of Australia. The parties submit to the non-exclusive jurisdiction of the courts of Australia.

You may use our website for lawful purposes only. You must not:

• Use our website in any way that violates applicable laws or regulations.
• Attempt to gain unauthorised access to any part of our website or its related systems.
• Transmit any unsolicited or unauthorised advertising or promotional material.
• Engage in any conduct that damages, disables, or impairs our website or servers.

We reserve the right to restrict or terminate access to our website for any person who violates these Terms.

For any questions about these Terms, please contact:

We may update these Terms from time to time. The current version will always be published at evolveit.au/terms with the effective date noted at the top. Continued use of our website or services after any update constitutes acceptance of the revised Terms.