Acceptance of Terms

By accessing and using our Services, you agree to be bound by these Terms of Service and any additional terms applicable to specific Services you select. This web page outlines the terms under which our services are provided, including details about liability limitations, how to contact us, and what constitutes a significant change to our services. Please review these terms carefully. Your continued use of our services indicates your acceptance of these terms. Definitions for key terms used in this document are provided at the end.

Services

Evotech Agency offers a range of digital marketing services designed to enhance your online presence and potentially grow your business. The specific details and scope of the Services will be outlined in your Service Agreement.

Welcome and thank you for your interest in Evotech Agency ("Evotech Agency," "we," or "us"). Evotech Agency provides comprehensive digital marketing services (the "Service(s)"), which may include, for example, social media management, web design, content creation, search engine optimisation (SEO), pay-per-click (PPC) advertising, and consultation services tailored to meet the unique needs of small businesses. Your acceptance and use of any of our services, including but not limited to the purchase of one or more services, consultations with our marketing specialists, use of any other services or customer support provided by or on behalf of Evotech Agency, and acceptance or viewing of marketing reports or analytics ("Reports") are governed by the following terms and conditions ("Terms of Service"). Depending on the Service(s) you have selected, additional terms and conditions may apply.

We will only perform a Service if it has been agreed upon in a signed contract or agreement, and we have received all necessary information and materials meeting our acceptance criteria. Your use of any Evotech Agency Service is subject to your agreement to Evotech Agency’s Service Agreement ("Service Agreement") and Privacy Policy ("Privacy Policy").

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY ACCESSING AND USING THE SERVICE(S) OR BY OTHERWISE INDICATING YOUR CONSENT TO THESE TERMS OF SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY AND THE INFORMED CONSENT (COLLECTIVELY, THE “TERMS”). IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE SERVICE.

This Site is offered and available to users who are 18 years of age or older. We do not collect or maintain personal information from people we actually know are under 18 years old. If we obtain actual knowledge that a user is under 18 years old, we will use our best efforts to remove that person’s information from our database. By using this Site, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract with us. If you do not meet all of these requirements, you must not access or use the Site.

Consultations and Reports

Consultations with our marketing specialists and the provision of Reports are integral parts of our Services. These elements are provided to give you insights and recommendations tailored to your business needs. You agree to provide all necessary information and materials to facilitate these consultations and Reports.

Use of Client Materials for Promotional Purposes

Upon full payment and mutual agreement to proceed with the services, the client grants Evotech Agency the right to use any materials created, results achieved, and testimonials provided during the course of our collaboration in promotional case studies. This includes, but is not limited to, content from emails, text messages, and other communications. These materials may be used in marketing efforts such as website content, social media posts, presentations, and other promotional materials to showcase the effectiveness of our services.

If the client wishes to exclude certain materials from promotional use, they must notify Evotech Agency in writing prior to the commencement of services.

Your License to Us

By posting or submitting any material (including, without limitation, comments, blog entries, social media postings, photos, and videos) to us via the Site, internet groups, social media platforms, or to any of our staff via email, text, or otherwise, you represent: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. In addition, when you submit, email, text, deliver, or post any material, you are granting us, and anyone authorised by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.

Additionally, in connection with the exercise of such rights, you grant us, and anyone authorised by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire under Australian copyright law. As such, the copyrights in those works shall belong to Evotech Agency from their creation. Thus, Evotech Agency shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the world, in perpetuity, in all languages, as Evotech Agency determines.

In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under applicable copyright law, you hereby, without additional compensation, irrevocably assign, convey, and transfer to Evotech Agency all proprietary rights, including without limitation, all copyrights and trademarks throughout the world, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title, and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the world, in perpetuity. Any posted material that is a reproduction of prior works by you shall be co-owned by us.

You acknowledge that Evotech Agency has the right, but not the obligation, to use and display any postings or contributions of any kind and that Evotech Agency may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing

You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content, or intellectual property.

Evotech Agency Community Guidelines and Registration

Evotech Agency may host message boards, chats, and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to these message boards, chats, or other public forums in the future. Evotech Agency or its designated agents may remove or alter any user-created content at any time for any reason. These public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Evotech Agency staff, outside contributors, or by users not connected with Evotech Agency, some of whom may employ anonymous usernames.

Evotech Agency expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information, or statement made or displayed in these forums by third parties. We are not responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will Evotech Agency, our affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely those of the participants and do not reflect the opinions of Evotech Agency or any of its subsidiaries or affiliates.

Evotech Agency has no obligation to monitor any of the content or postings on the message boards, chat rooms, or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post, or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process, or governmental request, and to protect ourselves, our clients, sponsors, users, and visitors.

We may occasionally include access to an online community as part of our programs. Our goal is to make the community you belong to one of the most valuable ones you’re a member of. Therefore, we reserve the right to remove anyone at any time. While this is rare, we want to let you know how seriously we take our communities.

Registration

To access certain features of the Site, we may ask you to provide certain demographic information, including your gender, year of birth, postcode, and country. Additionally, if you elect to sign up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided. This registration may require you to provide personally identifiable information, such as your name and email address.

You agree to provide true, accurate, current, and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES, AND/OR MATERIALS.

No Financial Advice

EVOTECH AGENCY IS NOT AN INVESTMENT ADVISORY SERVICE, IS NOT AN INVESTMENT ADVISER, AND DOES NOT PROVIDE PERSONALISED FINANCIAL ADVICE OR ACT AS A FINANCIAL ADVISER.

WE EXIST FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN AND IN OUR PRODUCTS AND SERVICES ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. NONE OF THE INFORMATION PROVIDED BY US IS INTENDED AS INVESTMENT, TAX, ACCOUNTING, OR LEGAL ADVICE, NOR AS AN OFFER OR SOLICITATION TO BUY OR SELL ANY SECURITY, OR AS AN ENDORSEMENT, RECOMMENDATION, OR SPONSORSHIP OF ANY COMPANY, SECURITY, OR FUND. OUR INFORMATION SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING IN SECURITIES OR OTHER INVESTMENTS.

WE DO NOT OFFER OR PROVIDE TAX, LEGAL, OR INVESTMENT ADVICE, AND YOU ARE RESPONSIBLE FOR CONSULTING TAX, LEGAL, OR FINANCIAL PROFESSIONALS BEFORE ACTING ON ANY INFORMATION PROVIDED BY US.

Site Development and Warranties

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT, AND EVOTECH AGENCY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE.

YOU ACKNOWLEDGE AND AGREE THAT NO REPRESENTATION HAS BEEN MADE BY EVOTECH AGENCY OR ITS AFFILIATES AND RELIED UPON AS TO THE FUTURE INCOME, EXPENSES, SALES VOLUME, OR POTENTIAL PROFITABILITY THAT MAY BE DERIVED FROM PARTICIPATION IN THIS PROGRAM.

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorised to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Additional Terms and Conditions

Privacy Policy

Your use of any Evotech Agency Service is subject to your agreement to Evotech Agency’s Privacy Policy. At Evotech Agency, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Evotech Agency’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorised use or access. Credit card information is not stored by us on our servers.

Intellectual Property Rights

The Site and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Site or any content on the Site is transferred to you, and we reserve all rights not expressly granted herein. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Our name, brands, logos, slogans and other trademarks are our trademarks. All other names, brands, logos, product and service names, and designs appearing on this Site are the trademarks of their respective owners. You may not use such trademarks without our prior written permission.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your web browser for display enhancement purposes.

• You may print or download a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.

• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our applicable end user license agreement for such applications.

• If we provide social media features, such as allowing you to share items you find in our news section through social media links in those posts, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this Site;

• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;

• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site; or,

• Access or use for any commercial purposes any part of the Site or any services or materials available through the Site

Third Parties

We do not and will not sell or deal in personal or customer information. We may however use, in a general sense without any reference to your name, your information to create marketing statistics, identify user demands, and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

Disclosure of Information

Evotech Agency may be required, in certain circumstances, to disclose information in good faith and where required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property, or safety of our customers or third parties.

Exclusion of Competitors

If you are in the business of creating similar documents, goods, or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Evotech Agency. Evotech Agency expressly excludes and does not permit you to use or access our website, to download any documents or information from its website, or obtain any such documents or information through a third party. If you breach this term, we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Evotech Agency reserves the right to exclude and deny any person access to our website, services, or information at our sole discretion.

Copyright, Trademark and Restrictions of Use

This website and its contents are the copyright of evotech agency™ – © 2024. All rights reserved. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks, and graphics. You are not permitted to reproduce the documents, information, or materials on the website for the purposes of sale or the use by any third party. In particular, you are not permitted to republish, upload, transmit electronically or otherwise, or distribute any of the materials, documents, or products that may be available for download from time to time on this website.

evotech agency expressly reserves all copyright and trademark in all documents, information, and materials on our website and we reserve the right to take action against you if you breach any of these terms. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Australia or other countries).

• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

• To impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or other users of the Site or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other user’s use of the Site, including his or her ability to engage in real time activities through the Site.

• Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent.

• Use any device, software or routine that interferes with the proper working of the Site.

• Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

• Attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.

• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Site.You may use the Site only for lawful purposes and in accordance with these Terms of Use.

Account Security

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site or the entire Site.

Certain services offered on this Site (“Services”) are available only to users who set up an account (“Account”) and consent to a User Agreement. To access the Site or some of the Services it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your Account is personal to you and you agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorised access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. We may rely on the authority of anyone accessing your Account or using your login credentials and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction by us under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorised access to your Account or use of your password. We may store, transmit, receive, and/or access your data on or from our own servers or those of our service providers which may be in or outside of Australia.

Changes to the Terms of Use

We reserve the right to amend these terms at any time. We will notify you of any significant changes. A significant change is defined as any alteration that materially affects the scope, quality, or delivery of our services. We will notify users of such changes in a reasonable timeframe through email or a notice on our website. Examples of significant changes include, but are not limited to, major updates to service features or alterations to pricing structures.

Your continued use of our services after such changes will be considered acceptance of the revised terms. If you do not agree to the changes, you should stop using our services. All changes are effective immediately upon posting. By continuing to use the Site after the revised Terms of Use are posted, you acknowledge and accept the changes.

Liability and Disclaimers

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance on this information is at your own risk.

The information contained in this website is for general information purposes only and is provided by Evotech Agency™. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you may be able to link to other websites which are not under the control of Evotech Agency™. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Evotech Agency™ takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Disclaimer of Warranties

The Client acknowledges that digital marketing carries inherent risks, including but not limited to changes in search engine algorithms, fluctuations in ad placement and pricing, and the dynamic nature of digital advertising platforms. While Evotech Agency will use reasonable efforts to achieve the Client's marketing goals, the Client understands that results are not guaranteed.

Evotech Agency makes no representations or warranties about the specific results or outcomes that may be achieved through the use of its services. The Client agrees that Evotech Agency shall not be held responsible for any failure to achieve specific results or for any damages that may result from the use of the services provided.

We strive to provide the best services possible; however, please be aware that specific results are not guaranteed. Our liability is limited to the fullest extent permitted by law. We are not liable for any indirect, incidental, or consequential damages arising from the use of our services.

Representations and Warranties Clause

Each party represents and warrants that it has the full right, power, and authority to enter into and perform its obligations under this agreement, and that the execution and performance of this agreement will not violate any other agreement to which it is a party.

Limitation of Liability

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Liability Disclaimer for AI Systems and Third-Party Integrations

By using our services, you acknowledge and agree that our agency is not responsible for any third-party AI systems, including but not limited to CRMs, VAPI, or any other artificial intelligence tools implemented or integrated into your business. While we assist with the setup, customisation, and installation of these systems, any ongoing functionality, maintenance, issues, or failures related to these tools are solely the responsibility of the client. Our agency does not warrant, guarantee, or take liability for the performance, accuracy, or reliability of any AI systems or third-party integrations. The client assumes full responsibility for the use, monitoring, and management of these systems once implemented.

General Provisions

No Waiver Clause

The failure of either party to enforce any term of this agreement shall not be deemed a waiver of that term or any other term, and such party shall retain the right to enforce any term of this agreement at any time.

Severability Clause

If any provision of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect, and the invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.

Assignment Clause

Neither party may assign its rights or obligations under this agreement without the prior written consent of the other party, except that either party may assign this agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets.

Whole Agreement and Integration Clause

These terms and conditions represent the entire agreement between you and Evotech Agency concerning your use and access to Evotech Agency’s website, documents, and information. No other terms are to be included in this agreement except where required by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

This agreement, including any exhibits or schedules attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to such subject matter. Each party acknowledges that it has not relied on any representation or warranty not set forth in this agreement.

Exclusion of Unenforceable Terms

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is due to a force majeure event, which includes but is not limited to natural disasters, technological failures, major internet or connectivity issues, power outages, governmental actions, pandemics, and significant transport disruptions. The affected party must promptly notify the other party of the force majeure event and use commercially reasonable efforts to mitigate its effects. Performance deadlines shall be extended for a period equivalent to the duration of the force majeure event. If the force majeure event persists for an extended period, the parties may renegotiate the terms of this Agreement or terminate it if necessary.

Class Action Waiver Clause

You agree to resolve any disputes individually and not as part of a class action or group proceedings. This clause does not prevent you from exercising any rights you have under Australian Consumer Law that cannot be excluded or limited by this agreement.

Dispute Resolution

1. Mediation: In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, the parties agree to attempt to resolve the matter through mediation conducted by a mutually agreed-upon mediator. Mediation shall occur in Queensland and shall be initiated within 30 days after written notice of the dispute.

2. Arbitration: If the dispute is not resolved through mediation within 180 days after the commencement of mediation, the dispute shall be submitted to binding arbitration. The arbitration shall be conducted in Queensland in accordance with the rules of an Arbitration Organisation then in effect. The arbitrator's decision shall be final and binding upon the parties and may be entered into any court having competent jurisdiction.

Governing Law and Jurisdiction Clause

This agreement shall be governed by and construed in accordance with the laws of Queensland, Australia. Any legal action or proceeding arising under this agreement shall be brought exclusively in the courts of Queensland, Australia.

For any questions regarding these Terms of Service, please contact us.

Effective Date: August 2024