Acquire And Evolve

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Terms & Conditions

1. Introduction & Acceptance of Terms

Welcome to Acquire and Evolve (‘Company’, ‘we’, ‘us’, or ‘our’). Acquire and Evolve is a full-service digital marketing agency operating across India and Australia, dedicated to helping businesses grow their online presence, brand authority, and revenue through strategic digital marketing services.

By engaging with our services, visiting our website at acquireandevolve.com, signing any service agreement, or otherwise doing business with us, you (‘Client’, ‘you’, or ‘your’) agree to be fully bound by these Terms and Conditions (‘Terms’). Please read these Terms carefully before proceeding.

If you do not agree to these Terms, please refrain from using our services. These Terms constitute a legally binding agreement between you and Acquire and Evolve.

2. Scope of Services

Acquire and Evolve offers a comprehensive suite of digital marketing services, which may include but are not limited to:

  • Search Engine Optimisation (SEO) — on-page, off-page, and technical SEO
  • Pay-Per-Click (PPC) Advertising — Google Ads, Meta Ads, LinkedIn Ads, and other paid platforms
  • Social Media Marketing (SMM) — content creation, community management, and paid social campaigns
  • Content Marketing — blog writing, copywriting, video scripts, and content strategy
  • Email Marketing — campaign design, automation workflows, and list management
  • Website Design & Development — landing pages, business websites, and e-commerce solutions
  • Branding & Creative Services — logo design, brand identity, and visual assets
  • Analytics & Reporting — performance tracking, dashboards, and monthly reporting
  • Online Reputation Management (ORM)
  • Influencer Marketing & Partnership Management

The specific services, deliverables, timelines, and fees applicable to your engagement will be defined in a separate Service Agreement, Proposal, or Statement of Work (‘SOW’) mutually agreed upon and signed by both parties. In the event of any conflict between these Terms and an SOW, the SOW shall take precedence.

3. Client Responsibilities & Obligations

To enable Acquire and Evolve to deliver high-quality services effectively, you agree to:

  • Provide accurate, complete, and up-to-date information, assets, credentials, and approvals required for service delivery in a timely manner.
  • Grant us access to necessary platforms, accounts, and tools (e.g., website CMS, Google Analytics, ad accounts, social media profiles) as needed.
  • Designate a primary point of contact who has the authority to make decisions and provide timely approvals.
  • Review and approve deliverables, content, and reports within agreed timelines. Delays in approvals may affect project timelines.
  • Ensure that all information, materials, and content provided to us do not infringe upon any third-party intellectual property rights, are not defamatory, and comply with applicable laws.
  • Make timely payments in accordance with the payment schedule outlined in your SOW or invoice.
  • Notify us promptly of any material changes to your business, products, target audience, or brand guidelines that may affect the services.

4. Fees, Invoicing & Payment Terms

4.1 Fees

All fees for services are as specified in the applicable SOW, proposal, or invoice. Fees may be structured as monthly retainers, project-based, hourly, or performance-based, as mutually agreed.

4.2 Invoicing

Invoices will be issued as per the payment schedule in the SOW. Where no specific schedule is stated, invoices will be issued monthly or upon project milestones.

4.3 Payment Due

Payment is due within fourteen (14) calendar days of the invoice date unless otherwise agreed in writing. For retainer clients, payment is due on or before the first day of the service month.

4.4 Late Payment

Acquire and Evolve reserves the right to charge interest on overdue amounts at a rate of 1.5% per month (or the maximum rate permitted by applicable law, whichever is lower) from the due date until full payment is received. We also reserve the right to suspend services for accounts with overdue balances exceeding 14 days.

4.5 Currency

Invoices for Indian clients will be issued in Indian Rupees (INR). Invoices for Australian clients will be issued in Australian Dollars (AUD), inclusive of applicable Goods and Services Tax (GST) where required by law.

4.6 Expenses

Any third-party costs incurred on your behalf (e.g., advertising spend, stock photography, software subscriptions, domain registration) will be billed in addition to our service fees and will be supported by receipts or statements.

4.7 Refunds

Service fees are generally non-refundable once work has commenced. Any refund requests will be considered on a case-by-case basis at the sole discretion of Acquire and Evolve. Ad spend paid to third-party platforms (Google, Meta, etc.) is non-refundable by us, as it is governed by those platforms’ own policies.

5. Intellectual Property Rights

5.1 Client-Owned Materials

All intellectual property, data, content, trademarks, and materials provided by you to us for use in delivering services (‘Client Materials’) remain your sole property. You grant us a limited, non-exclusive licence to use Client Materials solely for the purpose of providing the agreed services.

5.2 Deliverables

Upon receipt of full and final payment for services, ownership of the final agreed deliverables (e.g., ad copy, blog posts, design assets created specifically for you) transfers to you. Draft materials, frameworks, methodologies, tools, and processes developed or used by Acquire and Evolve remain our proprietary intellectual property.

5.3 Agency IP

Nothing in these Terms transfers ownership of Acquire and Evolve’s proprietary systems, processes, templates, software tools, strategies, or know-how to the Client. You are granted a non-exclusive, non-transferable licence to use deliverables for your own business purposes only.

5.4 Third-Party Licences

Where deliverables include third-party licensed content (e.g., stock images, fonts, plugins), usage is subject to those respective licences. We will notify you of any licensing restrictions that may apply.

5.5 Portfolio Rights

We reserve the right to reference your business name and showcase work completed for you in our portfolio, case studies, and marketing materials, unless you formally request in writing that we do not do so.

6. Confidentiality

Both parties agree to keep confidential all proprietary, sensitive, or non-public information disclosed during the course of the engagement (‘Confidential Information’). Neither party shall disclose Confidential Information to any third party without the prior written consent of the disclosing party, except:

  • As required by law, regulation, or court order.
  • To employees, contractors, or advisors who need to know the information to perform their duties and are bound by confidentiality obligations no less stringent than these Terms.
  • Information that is or becomes publicly available through no fault of the receiving party.

This confidentiality obligation shall survive the termination of our engagement for a period of two (2) years.

7. Warranties & Disclaimers

Acquire and Evolve represents and warrants that:

  • We will perform services with reasonable skill, care, and professionalism.
  • We will not knowingly infringe on the intellectual property rights of any third party.

However, you acknowledge and agree that:

  • Digital marketing results (rankings, traffic, conversions, revenue) depend on many external factors beyond our control, including search engine algorithm changes, market conditions, competition, and platform policy changes. We do not guarantee specific results or outcomes.
  • Our services are provided ‘as is’ to the extent permitted by law, and we disclaim all implied warranties, including fitness for a particular purpose.
  • We are not responsible for the actions, omissions, or policies of third-party platforms (Google, Meta, LinkedIn, etc.) which may impact campaign performance.

8. Limitation of Liability

To the maximum extent permitted by applicable law:

  • Acquire and Evolve’s total aggregate liability arising out of or in connection with the services shall not exceed the total fees paid by the Client in the three (3) months immediately preceding the event giving rise to the claim.
  • We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of business, loss of data, or reputational harm, even if we have been advised of the possibility of such damages.
  • Nothing in these Terms limits liability for fraud, wilful misconduct, or gross negligence, or any liability that cannot be excluded by applicable law.

9. Term, Termination & Suspension

9.1 Term

These Terms remain in effect for the duration of any active engagement between you and Acquire and Evolve, as specified in the applicable SOW.

9.2 Termination for Convenience

Either party may terminate an engagement by providing thirty (30) days’ written notice to the other party, unless otherwise specified in the SOW. You remain liable for all fees for services rendered and expenses incurred up to the effective termination date.

9.3 Termination for Cause

Either party may terminate the engagement immediately upon written notice if the other party materially breaches these Terms or the SOW and fails to remedy such breach within fourteen (14) days of written notice.

9.4 Effect of Termination

Upon termination, all outstanding invoices become immediately due and payable. We will deliver all completed work to you and cease using your Confidential Information. Sections 5, 6, 8, and 12 of these Terms shall survive termination.

9.5 Suspension

We reserve the right to suspend services without notice in the event of non-payment, breach of these Terms, or if continued service delivery would expose us to legal or reputational risk.

10. Data Protection & Privacy

Acquire and Evolve is committed to protecting the privacy and security of personal data in compliance with applicable privacy laws, including:

  • The Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023 (India)
  • The Privacy Act 1988 and the Australian Privacy Principles (APPs) (Australia)

Personal data collected in the course of providing services will be used solely for the purposes of delivering those services. We will not sell or rent your data to third parties. Any personal data shared by you for campaign purposes (e.g., customer lists for ad targeting) will be handled in accordance with our Privacy Policy, available at acquireandevolve.com.

11. Governing Law & Dispute Resolution

11.1 Governing Law

For clients based in India, these Terms shall be governed by and construed in accordance with the laws of India, and disputes shall be subject to the exclusive jurisdiction of the courts in Chennai, Tamil Nadu.

For clients based in Australia, these Terms shall be governed by the laws of the State or Territory in which services are primarily delivered, and disputes shall be subject to the jurisdiction of the relevant Australian courts.

11.2 Dispute Resolution

In the event of any dispute, both parties agree to first attempt to resolve the matter amicably through good-faith negotiation within thirty (30) days of the dispute arising. If resolution is not achieved, the parties may agree to mediation before pursuing formal legal proceedings.

12. General Provisions

12.1 Entire Agreement

These Terms, together with any applicable SOW, proposal, or service agreement, constitute the entire agreement between you and Acquire and Evolve with respect to the subject matter herein and supersede all prior discussions, representations, or agreements.

12.2 Amendments

We reserve the right to update these Terms at any time. Updated Terms will be published on our website with a revised effective date. Continued use of our services after such update constitutes your acceptance of the revised Terms.

12.3 Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, such provision will be severed and the remaining provisions will continue in full force and effect.

12.4 Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future.

12.5 Force Majeure

Neither party shall be liable for any delay or failure in performance resulting from circumstances beyond their reasonable control, including but not limited to natural disasters, pandemics, government actions, or internet outages.

12.6 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to a successor entity in connection with a merger, acquisition, or sale of assets.

12.7 Independent Contractors

Acquire and Evolve operates as an independent contractor. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.

12.8 Notices

All formal notices under these Terms must be sent in writing to the following:

Acquire and Evolve

Email: HRadmin@acquireandevolve.com.au

Website: acquireandevolve.com

Operations: India & Australia