Terms of Service

1. Agreement to Terms

By accessing or using the services of Evergreen Marketing Group Ltd ("Company," "we," "our," or "us"), you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our services.

2. Services Description

We provide digital marketing services including but not limited to:

• LinkedIn advertising campaign management and optimization
• Meta (Facebook/Instagram) advertising services
• Google Ads campaign development and management
• TikTok advertising strategies and implementation
• Marketing strategy consulting and analysis
• Creative development and campaign optimization
• Lead generation and qualification tools

3. Client Responsibilities and Warranties

3.1 Platform Compliance

Client warrants that their business, products, services, and content:

• Comply with all applicable laws and regulations
• Meet the advertising policies of LinkedIn, Meta, Google, and TikTok
• Do not infringe on third-party intellectual property rights
• Are not misleading, deceptive, or fraudulent in nature
• Do not promote prohibited or restricted products/services

3.2 Account Access and Information

Client agrees to:

• Provide accurate, complete, and up-to-date business information
• Grant necessary access to advertising accounts for service delivery
• Maintain compliance with platform terms of service
• Promptly notify us of any account issues or policy violations

4. Payment Terms

4.1 Fees and Billing

• Management fees are separate from advertising spend
• Invoices are issued monthly in advance unless otherwise agreed
• Payment is due within 30 days of invoice date
• Late payments may incur interest charges of 1.5% per month
• All fees are exclusive of applicable taxes

4.2 Advertising Spend

Client is solely responsible for all advertising spend across platforms. We are not liable for any unauthorized charges or overspend, though we implement monitoring systems to help prevent budget overruns.

5. Performance and Disclaimers

5.1 No Guaranteed Results

While we employ best practices and data-driven strategies, digital marketing results depend on numerous factors beyond our control. We make no guarantees regarding specific outcomes, conversion rates, or return on investment.

5.2 Platform Dependencies

Our services rely on third-party platforms (LinkedIn, Meta, Google, TikTok) whose policies, algorithms, and availability may change without notice. We are not responsible for platform-related disruptions or policy changes affecting campaign performance.

6. Intellectual Property

6.1 Client Content

Client retains ownership of all provided content, including logos, images, and copy. Client grants us a limited license to use such content solely for service delivery during the engagement period.

6.2 Our Methodologies

We retain ownership of our proprietary methodologies, strategies, templates, and tools developed for general use. Custom strategies developed specifically for Client may be used by Client in accordance with the engagement agreement.

7. Limitation of Liability

To the maximum extent permitted by law, our total liability for any claims arising from or related to our services shall not exceed the total fees paid by Client in the 12 months preceding the claim. We are not liable for:

• Indirect, consequential, or punitive damages
• Lost profits, revenue, or business opportunities
• Platform policy violations or account suspensions
• Third-party actions or platform changes
• Data breaches at third-party platforms

8. Termination

8.1 Termination Rights

Either party may terminate the engagement with 30 days' written notice. We may terminate immediately if:

• Client violates platform advertising policies
• Payment is more than 30 days overdue
• Client provides false or misleading information
• Client's business activities become illegal or unethical

8.2 Post-Termination

Upon termination, we will provide final reporting and transfer account access. Client remains responsible for all outstanding fees and advertising spend incurred before termination.

9. Confidentiality

Both parties agree to maintain confidentiality of proprietary information shared during the engagement. This includes business strategies, financial information, and campaign data. Confidentiality obligations survive termination of the agreement.

10. Force Majeure

Neither party shall be liable for delays or failures in performance due to circumstances beyond reasonable control, including but not limited to acts of God, government actions, pandemics, or platform outages.

11. Governing Law and Disputes

These Terms are governed by the laws of England and Wales. Any disputes shall be resolved through binding arbitration in London, England, except for claims under £25,000 which may be resolved in small claims court.

12. Contact Information

13. Digital Products, One-Off Purchases and Refunds

This section applies to one-off digital products and self-serve offers purchased from us, including (without limitation) the Cowork Kickstart (£147), downloadable templates, playbooks, prompt libraries, and any other digital content delivered electronically.

13.1 Pricing and VAT

Evergreen Marketing Group Ltd is VAT registered in the United Kingdom. Prices shown on the website for one-off digital products are inclusive of UK VAT at the prevailing rate unless explicitly stated otherwise. A VAT receipt is issued on request.

13.2 Delivery

Access credentials, downloads or bespoke deliverables are issued by email to the address provided at checkout. The Cowork Kickstart intake is delivered instantly; the bespoke toolkit and ranked build plan are delivered within 3 to 5 working days of a complete intake being submitted.

13.3 Digital Content Consent and Cancellation Rights

Under the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, consumers normally have a 14-day cancellation right for distance purchases. By completing checkout and ticking the digital delivery consent box, you (a) request that supply of the digital content begins immediately, and (b) acknowledge that you therefore lose your statutory right to cancel once delivery has begun. This does not affect the goodwill refund policy in section 13.4 below, or your statutory rights where the digital content is faulty or not as described.

13.4 Goodwill Refund Policy (Cowork Kickstart)

In addition to your statutory rights, we offer a goodwill refund on the Cowork Kickstart: if you are not satisfied, email hello@evergreen-growth.com within 7 days of purchase and we will refund the £147 fee in full, no questions asked. After 7 days, the purchase is non-refundable. Refunds are processed to the original payment method within 5 to 10 working days.

13.5 Licence and Acceptable Use

On payment, you receive a perpetual, non-exclusive, non-transferable, single-user licence to use the digital content for your own business. You may not resell, sublicense, republish, or share login or download access with third parties. Material breach of this clause terminates the licence without refund.

13.6 Bespoke AI Builds and Retainers

Bespoke AI builds, AI Dashboards and retainer engagements (including the AI Chief of Staff retainer) are scoped and quoted separately under a written engagement agreement. The goodwill refund in section 13.4 does not apply to bespoke work, retainers, or any spend already deployed on platforms. Cancellation, milestones and payment terms for bespoke work are governed by the relevant engagement agreement and by sections 4 and 8 above.

14. Changes to Terms

We reserve the right to modify these Terms with 30 days' notice to existing clients. Continued use of our services after the effective date constitutes acceptance of the modified Terms.