Terms of Service

This Terms of Service Agreement (the “Agreement”) outlines the terms and conditions under which you (the “Client”) have engaged EvolveMediaHouse to provide specific services as defined herein. This is a legally binding agreement between you and EvolveMediaHouse. By becoming an EvolveMediaHouse Client, you agree to abide by the terms and conditions set forth in this Agreement. The “Effective Date” of this Agreement will be the date on which you submit your order for Services to EvolveMediaHouse.

1. Services

EvolveMediaHouse will provide Services to Client as detailed on the EvolveMediaHouse website (evolvemediahouse.com). This agreement overrides all previous agreements and is presented to you during sign-up for your approval. It is your responsibility to thoroughly read these terms to fully understand what you are agreeing to.

1.1 Given the nature of working with third-party platforms such as Facebook, Instagram, Twitter, Google My Business, Pinterest, and LinkedIn, we sometimes have no control over issues that may arise, such as disconnections or password changes. If you alter your password, you are required to notify EvolveMediaHouse promptly to prevent any service interruption. It is recommended to review your accounts and our work at least once a week, as well as provide us with guidance and feedback. In the event of a disconnect or an inability to access the account for posting, the client agrees to not hold EvolveMediaHouse accountable. As long as we continue creating content for your business, we are fulfilling our service as described. If we lack access to any platforms, we can compensate for any missed posts by posting twice a day until the backlog of missed posts is cleared. Missed posts due to account lockouts that are not the fault of EvolveMediaHouse do not qualify for a refund. Keep reading for information on our cancellation and refund policies.

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2. EvolveMediaHouse Obligations

2.1 EvolveMediaHouse will provide Services to the Client following EvolveMediaHouse’s standard policies and procedures. EvolveMediaHouse retains the right to decline Clients for any reason, at EvolveMediaHouse’s sole discretion. EvolveMediaHouse will manage all aspects of providing the Services.

2.2 All EvolveMediaHouse rules, policies, and operating procedures concerning privacy, pricing, customer service, and all other service aspects will apply, and EvolveMediaHouse may modify its rules, policies, and operating procedures at its sole discretion from time to time. This includes pricing, package inclusions, and more. You may be grandfathered into an archived product if we can still offer it, but that decision lies at EvolveMediaHouse’s sole discretion.

3. Services, Fees, and Payment

3.1 All fees for Services rendered to the Client are due in full, payable in advance of the provision of Services. A valid credit card for monthly payment of fees should be securely maintained on file to cover recurring charges.

3.2 Initial service charges must be paid in advance. Subsequently, EvolveMediaHouse will attempt to charge the Client’s credit card on the monthly anniversary of the client’s initial order of services. Any charges not paid by the due date will result in a suspension of Services until payment is received in full. Suspension of Services due to non-payment does not warrant a proration of fees.

3.3 Except in cases where EvolveMediaHouse materially breaches this agreement, no refunds of any fees are issued beyond the 14-day money-back guarantee, applicable only to the initial order. Refund requests within the 14-day period will only be processed once all social media posts created by EvolveMediaHouse are removed from the Client’s social media accounts. The Client also agrees not to use any content created by EvolveMediaHouse post-refund. Fees paid to EvolveMediaHouse are based on the time and work performed rather than results or outcomes.

3.4 Cancellation Policy – Cancellations are entirely self-service and may be completed via the client portal under the ‘subscriptions’ section. No prorated refunds are issued for early cancellations, but the remaining month(s) can be completed if requested, even for multi-month discounted plans. However, any discount previously applied will be voided, and the difference must be settled before services continue.

3.5 Continued work on a past-due account that was not canceled will result in accrued back-payments, although no interest is charged. EvolveMediaHouse maintains accurate records of all communication and work to substantiate the back-payment due.

3.6 Our Services officially begin on the day of sign-up, initiating the onboarding process rather than the first social media post. We include all setup work and onboarding within the monthly fee; therefore, no additional setup fees are applied. If onboarding delays extend beyond seven business days due to EvolveMediaHouse, we will adjust the billing date to ensure a full month of service once onboarding is completed.

3.7 This Agreement supersedes all other agreements on the same subject matter, including any verbal or written agreements made by EvolveMediaHouse staff, unless a formal variance is mutually agreed upon and documented by executive-level management at EvolveMediaHouse.

3.8 Posting to Multiple Platforms and Missed Posts – In the event of social media profile disconnects from our software, the Client will receive an automatic notification to reconnect. Responsibility for reconnecting profiles lies with the Client, and EvolveMediaHouse is not liable for missed posts or partial refunds due to unaddressed disconnects. Once reconnected, missed posts will be rescheduled. Clients should check their social media accounts regularly to ensure timely review and flag any issues promptly.

3.9 Post Quality – Social media management is tailored to each client’s preferences, and post-approval can be included in specific plans. If approval before posting is desired, the Content Panel should be part of the chosen plan. For plans without this feature, posts will be sent for manual sharing by the Client. In instances of typographical errors or incorrect scheduling, a credit of 5% per issue will be applied based on the package level. Refunds are not issued for such errors.

3.10 Content Review and Approval – EvolveMediaHouse will fulfill ongoing plans even if no feedback or content approval is received from the Client. Billing is paused while any backlog of unapproved content is cleared. Clients are allowed one round of edits per week of planned content.

3.11 Regular Reviews – The Client agrees to review content biweekly and monitor social media profiles for any missing posts or technical disconnects. EvolveMediaHouse is not liable for missed posts due to uncontrollable events such as password changes, security lockouts, or requests to edit posts over two weeks old.

3.12 Blog Posts – Clients have a maximum of two revisions for each blog post after the first draft, after which the content is considered final. If no feedback is received within four weeks, the blog is marked as approved.

3.13 Reseller Program – All terms in this Agreement apply to reseller clients. Resellers must make advance payments for services and handle payment collection from their clients. No refunds are issued for services rendered due to payment failure on the reseller’s side. Any cancellation must be communicated to EvolveMediaHouse to avoid ongoing charges. Resellers are responsible for prompt communication between their clients and EvolveMediaHouse.

3.14 Disputes – In cases of client breaches, EvolveMediaHouse will pursue legal remedies if necessary. Delinquent accounts will be referred to debt collection and reported to credit agencies.

3.15 Less Tech-Savvy Clients – EvolveMediaHouse invests time in onboarding and ensuring clients are well-oriented with our service, accounting for time spent on calls and emails. If the Client cancels after the 14-day money-back guarantee period, refunds are not provided. However, services will continue until the end of the paid month.

3.16 Resellers Using Cloud Campaign – If a reseller’s Cloud Campaign account is canceled without notice, services will halt until the account is migrated to EvolveMediaHouse. If both Cloud Campaign and EvolveMediaHouse services are canceled, each must be handled individually.

3.17 Service Structure and Client Communication – EvolveMediaHouse is a subscription-based social media service offering primarily online support to maintain affordability. A complimentary 30-minute consultation and a 15-minute onboarding call are available at the start, with subsequent support offered through live chat, email, or the client portal to keep costs low. Any booked support calls will be canceled in alignment with our support structure.

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4. Warranty Disclaimers

4. Refund and Warranty Policy

4.1 Refund Policy – Once payment has been made and the 14-day money-back guarantee period has lapsed, no refunds will be issued. As outlined in these terms and conditions, due to the nature of operating on third-party platforms, instances of disconnection, delayed client reviews, and the monthly subscription model of EvolveMediaHouse (as opposed to a full-service agency), no refunds are provided under any circumstances. In cases where we fail to create at least one post per week, the Client agrees to accept a credit equivalent to the value of the missed post.

4.2 Disclaimer of Warranties – EvolveMediaHouse specifically disclaims any and all warranties related to this Agreement, the Services, or any support or materials provided to the Client, whether express or implied. This includes, but is not limited to, warranties of merchantability, consistency of performance, course of dealing, trade practice, title, non-infringement, and fitness for a particular purpose.

5. Indemnity

5.1 Client Indemnification – The Client agrees to indemnify and hold harmless EvolveMediaHouse, its customers, suppliers, directors, officers, agents, and employees from and against any and all losses, costs, damages, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) arising from or related to any violation of the terms of this Agreement by the Client.

5.2 Social Media Account Suspension, Access Loss, or Deletion – The Client agrees to indemnify and hold harmless EvolveMediaHouse, its customers, suppliers, directors, officers, agents, and employees from and against any and all losses, costs, damages, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) related to issues such as social media account suspensions, copyright disputes, unintentional loss of access, account deletion, or any other issues on third-party platforms. Factors leading to social media account suspensions or restrictions may include, but are not limited to, the usage of bots or plugins that violate the platform’s terms of service, failure to verify the account, and incorrect account type setup. As a Client, you are required to log into your content panel or social media accounts regularly (at least once a month) to ensure continued account activity and compliance. This clause also applies to reseller clients, who must have their clients sign a similar contract to confirm understanding of these responsibilities.

5.3 Content Ownership and Copyright Issues – EvolveMediaHouse uses only images provided by the Client or sourced from royalty-free image databases for marketing purposes. While we pay for many of these services, the Client agrees to indemnify and hold harmless EvolveMediaHouse and its affiliates from and against any and all losses, costs, damages, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) arising from claims related to copyright or content ownership issues. The Client assumes full responsibility for the content posted on their accounts.

6. Limitation of Liability

EvolveMediaHouse SHALL NOT BE LIABLE TO THE CLIENT OR ANY ENTITY OR PERSON CLAIMING THROUGH OR UNDER THE CLIENT FOR ANY LOSS OF PROFIT OR INCOME, OR OTHER INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, WHETHER ARISING IN CONTRACT OR TORT, IN CONNECTION WITH THIS AGREEMENT, EVEN IF EVOLVEMEDIAHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EVOLVEMEDIAHOUSE’S LIABILITY TO THE CLIENT EXCEED THE AMOUNT PAID BY THE CLIENT FOR THE PREVIOUS ONE (1) MONTH OF SERVICES. THIS LIMIT IS CUMULATIVE AND THE EXISTENCE OF MORE THAN ONE CLAIM DOES NOT INCREASE THIS LIMIT. THE CLIENT ACKNOWLEDGES THAT THESE LIMITATIONS OF LIABILITY ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES.

7. Miscellaneous

This Agreement represents the complete understanding and agreement between the parties regarding its subject matter. EvolveMediaHouse may amend this Agreement at its discretion, with the latest version published here. Notification sent to the Client’s most recent email address will be deemed sufficient notice of such amendments. This Agreement binds and benefits the parties’ successors and permitted assigns; however, the Client may not assign this Agreement without EvolveMediaHouse’s prior written consent. This Agreement will be governed by the laws of the location where EvolveMediaHouse operates, without regard to conflicts of law. Any litigation or dispute resolution shall occur in the jurisdiction where EvolveMediaHouse operates, and the parties consent to the courts’ jurisdiction therein. If any provision of this Agreement is deemed unenforceable, it will be severed to the minimum extent necessary, with the remaining provisions in full effect. A waiver of any breach of this Agreement does not constitute a waiver of any subsequent breach and does not amend the rights of the waiving party.

8. Credit Card Disputes

In the event of a credit card dispute, all credits, refunds, and account work will be halted until the dispute is resolved. Resolving a dispute may take one to three months, sometimes longer. Negotiating a favorable outcome is generally preferable to filing a dispute. EvolveMediaHouse is committed to working toward a fair resolution for both parties.