Evolve NZ Marketing Agency

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Terms of Trade

Effective 1 June 2026

Plain English. No surprises.

1. The basics

These terms apply whenever you ask Evolve to do work for you – by email, signed proposal, or just telling us to go ahead. They sit alongside any quote or proposal we send you; if the two conflict, the specific proposal wins.

2. What we’ll do

We’ll do good work, on time, and keep you in the loop. Delivery dates are estimates – we’ll flag early if something’s going to slip, and won’t charge you extra for delays that are our fault.

3. What we need from you

Timely access to information, content, and approvals so we can do our job. If you’re slow to provide something we need, timelines move accordingly.

4. Who owns what

Evolve retains copyright and all intellectual property in everything we create – concepts, designs, drafts, and final deliverables alike. Once you’ve paid in full, we grant you an ongoing licence to use the final deliverables however you like. This means we’re free to reuse and adapt our own concepts, frameworks, and design approaches for other clients, even where they share similarities with work we’ve done for you.

We’re not handing over working files, source concepts, or unused ideas unless that’s part of what you bought – but if we part ways and your account is fully paid up, we’ll hand over what’s reasonably needed for someone else to pick up the work.

We may show finished work in our portfolio and reference you as a client, unless you ask us not to.

5. Your content, your responsibility

You’re responsible for the accuracy of any information, claims, or images you give us, and for making sure you have the rights to use them. If something you give us turns out to infringe someone else’s rights, that’s on you, not us.

6. Price and changes

Quotes are based on the scope we agreed. If you want something extra, or the scope grows once we’re underway, we’ll let you know the cost before doing the extra work — no surprise invoices.

7. Payment

Invoiced monthly and due on the 20th of the following month as a general rule. Sometimes the invoice may specify a different due date. Overdue accounts attract a 2.5% monthly late fee. If an invoice isn’t paid, we can pause work until it’s sorted.

If you’re contracting with us as a company or trust, and an invoice goes unpaid, the director(s) or trustee(s) personally guarantee that specific unpaid debt. This doesn’t extend to general claims or damages – just outstanding fees for work we’ve already done.

8. If things end

Either of us can end the engagement with written notice. You pay for work done to that point; we return any unused deposit. If your account is fully paid up, we’ll provide what’s reasonably needed for you to continue the work elsewhere.

9. Liability

We’re not liable for content you provide, changes you make to our work after delivery, or how colours appear across different screens and printers. Our total liability is capped at the fees you’ve paid us. We’re a business-to-business service – the Consumer Guarantees Act doesn’t apply.

10. Confidentiality

We’ll keep your confidential information confidential, both during and after our engagement, and we expect the same from you regarding ours. Standard exceptions apply (information that’s already public, independently known, or required to be disclosed by law).

11. The legal bit

NZ law applies. If any part of these terms turns out to be unenforceable, the rest still stands. We can update these terms from time to time – the current version is always at evolve.co.nz/legal.

Mid-market businesses

$2M–$50M businesses needing fresh marketing expertise, and wary of going down the big advertising agency route.

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Start-ups & small businesses

Building a start-up? Or wanting to rev up your existing business to realise its true potential? Get practical marketing advice...

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