Terms of service

EVOLV SOCIALS
Last updated: 22 August 2026

These Terms of Service (“Terms”) apply to the use of the EVOLV SOCIALS website and to all quotations, proposals, assignments, agreements and services provided by EVOLV SOCIALS, hereinafter referred to as “EVOLV”, to its clients, hereinafter referred to as the “Client”. By using this website, accepting a quotation or proposal, confirming an assignment or otherwise entering into a collaboration with EVOLV, you agree to these Terms.

1. About EVOLV

EVOLV SOCIALS is a creative social media and content agency providing services including: Creative Direction; Content Creation; Photography; Videography; Social Media Management; Branding & Positioning; Strategic Advice; Shoot Production. Specific services, deliverables, timelines and fees will be agreed upon separately in a quotation, proposal, assignment confirmation or other written agreement.

2. Applicability

These Terms apply to all quotations, agreements, assignments and services provided by EVOLV. Any deviation from these Terms is only valid when expressly agreed upon in writing. These Terms also apply where EVOLV engages third parties to perform all or part of an assignment. The applicability of any general terms or purchasing conditions of the Client is expressly rejected. If any provision of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions will remain in full force and effect.

3. Quotations and assignments

All quotations and proposals are non-binding and remain valid for 14 days, unless otherwise stated. An agreement is considered concluded once the Client accepts a quotation, proposal or description of services in writing, digitally or verbally. Any services or work falling outside the agreed scope may be considered additional work and charged separately. EVOLV reserves the right to revise quotations, fees and project budgets if the scope, requirements or circumstances of an assignment change.Unless otherwise stated, all prices quoted by EVOLV are exclusive of VAT and any additional costs incurred in connection with the assignment.

4. Payment

Invoices must be paid within 14 days of the invoice date, unless otherwise agreed in writing. For assignments with a value of €1,000 or more excluding VAT, EVOLV reserves the right to require a 50% deposit before commencing or scheduling the work. Work may only be scheduled or commenced after the agreed deposit has been received. If payment is not received by the due date, the Client will receive one payment reminder. If payment remains outstanding, EVOLV reserves the right to refer the outstanding amount to a collection agency, bailiff or legal representative. All reasonable costs resulting from the collection of outstanding amounts, including statutory interest, collection costs, administration costs and legal expenses, may be charged to the Client. If the Client remains in default regarding an outstanding payment, a penalty of 15% of the outstanding amount, with a minimum of €50, may become immediately payable. If EVOLV reasonably incurs higher costs in recovering an outstanding amount, these costs may also be charged to the Client. EVOLV reserves the right to suspend any work, deliveries, publications, files and usage rights until all outstanding invoices have been paid in full.

5. Client responsibilities

The Client is responsible for providing all information, materials, feedback, approvals and other input required for the assignment in a complete and timely manner. Any delay caused by the Client’s failure to provide the required information, materials or feedback on time is the responsibility of the Client. If the Client fails to respond to reasonable requests for feedback, approval or required information for a period of 14 calendar days, EVOLV reserves the right to consider the assignment completed or cancelled. Any work already performed and capacity reserved for the Client may be invoiced in full. Failure to use delivered services, content, advice or other deliverables does not release the Client from its payment obligations.

6. Results and performance

EVOLV performs its services to the best of its knowledge, expertise and professional ability. EVOLV’s services constitute a best-efforts obligation and not a guarantee of specific results. Results relating to social media management, content marketing, branding, content creation and strategy depend on numerous factors outside EVOLV’s control. EVOLV therefore cannot guarantee specific outcomes, including but not limited to: follower growth; reach; engagement; leads; conversions; revenue growth; viral performance; commercial results. Results may be affected by algorithm changes, advertising policies, market developments, competition, audience behaviour and other external circumstances. Any targets, forecasts, projections or expectations discussed as part of an assignment are indicative only and do not constitute guaranteed results.

7. Intellectual property

Unless expressly agreed otherwise in writing, EVOLV retains all intellectual property rights relating to concepts, strategies, designs, photography, videography, content, copy, social media materials and other creative works developed as part of an assignment. Following full payment, the Client receives a non-exclusive right to use the final deliverables for the purposes agreed as part of the assignment. All usage rights are granted only after all invoices relating to the relevant assignment have been paid in full. Concepts, strategies, moodboards, creative proposals, presentations, pitches and ideas developed by EVOLV remain the property of EVOLV, regardless of whether they are ultimately produced or implemented. The Client may not reproduce, use or have such materials executed by a third party without EVOLV’s prior written permission.

8. Raw files and source files

Raw or working files are not included in the standard delivery unless expressly agreed otherwise in writing. This includes, but is not limited to: RAW photography files; unedited video footage; project files; source files; working documents; intermediate versions. Such files remain the property of EVOLV and/or the relevant creator. If the Client requests the transfer of RAW files, source files or project files, EVOLV reserves the right to charge an additional fee.

9. Portfolio rights

Unless agreed otherwise in writing before the assignment, EVOLV retains the right to use work created as part of an assignment for:portfolios; websites; social media; presentations; marketing; promotional purposes; publications; press and publicity. This right may also apply to creative professionals involved in the production, including photographers, videographers, stylists, make-up artists, creative directors, producers, freelancers and other partners engaged by EVOLV. If the Client wishes particular content, products, campaigns, concepts or business information to remain confidential or unpublished, this must be communicated to EVOLV in writing in advance.

10. File retention

EVOLV will retain final delivered files for a reasonable period following completion of an assignment. Unless otherwise agreed in writing, EVOLV applies a retention period of 12 months following delivery. After this period, EVOLV may permanently delete project files, images, videos and other digital materials. EVOLV cannot guarantee that files will remain available after the retention period has expired. The Client is responsible for creating and maintaining its own backups of all delivered files. If archived files need to be retrieved, collected, re-exported or redelivered during the retention period, EVOLV reserves the right to charge a reasonable administration fee.

11. Models, employees and locations

The Client is responsible for ensuring that all necessary permissions and releases have been obtained from models, employees, locations or any other parties supplied or arranged by the Client. Any claims resulting from missing permissions or authorisations are the responsibility of the Client.

12. Production and additional costs

Unless expressly included in the quotation or agreement, the following costs are not included in EVOLV’s quoted fees: studio hire; location hire; travel and accommodation; parking; models; hair and make-up; props; catering; external creative professionals; other production expenses. Where these costs form part of the assignment, they will be specified in advance and included in the relevant project budget. EVOLV is not required to personally absorb, advance or reimburse such expenses from its own funds.

13. Cancellation and rescheduling

If a shoot, production or project is cancelled within 14 days before the scheduled start date, EVOLV is entitled to charge 50% of the agreed fee. If an assignment is cancelled within 72 hours before the scheduled execution, 100% of the agreed fee may be invoiced. Any costs already incurred in relation to external suppliers or third parties will always be charged to the Client in full. If a shoot, production or project is rescheduled rather than cancelled, EVOLV reserves the right to charge any costs already incurred and any costs charged by third parties.

14. Force majeure

EVOLV is not liable for delays or failure to perform resulting from circumstances reasonably outside its control. Such circumstances may include, but are not limited to: changes to social media algorithms; account restrictions; platform outages; removal of content by social media platforms; hacking incidents; technical failures affecting Meta, TikTok, LinkedIn, Pinterest, YouTube or other platforms; restrictions imposed by advertising platforms.

15. Creative freedom and revisions

The Client engages EVOLV for its creative expertise, vision and professional experience.EVOLV therefore retains reasonable artistic, aesthetic and strategic freedom throughout the creative process.Subjective differences in taste do not constitute valid grounds for termination, refund or refusal of payment where EVOLV has reasonably fulfilled the agreed assignment. Unless otherwise agreed in writing, each assignment includes a maximum of two revision rounds. Additional revisions or changes falling outside the original scope may be charged as additional work. Feedback should be provided clearly and, where possible, consolidated into a single feedback round. Fragmented or repeated feedback may cause delays or additional costs. Creative concepts, content, designs, photography, videography or other deliverables will be considered approved if the Client does not provide written feedback within five (5) business days. Changes requested after approval may be treated as additional work.

16. Creative team and external professionals

EVOLV may work with photographers, videographers, stylists, models, make-up artists, producers, editors, freelancers and other creative professionals when required for an assignment. EVOLV may select the professionals it considers most suitable for a project. Where external professionals are engaged by EVOLV, the associated costs will be specified in advance and included in the project budget. The Client may also propose or provide its own creative professionals. EVOLV reserves the right to refuse to work with a Client-appointed professional where, in EVOLV’s professional opinion, this may negatively affect the required quality, planning or creative direction of the assignment. Where EVOLV works with professionals appointed or supplied by the Client, EVOLV is not responsible for delays, quality issues, communication errors or failures resulting from the work of those parties.

17. Client-supplied materials

The Client warrants that any logos, photographs, videos, copy, music, designs or other materials supplied to EVOLV are free from third-party rights restrictions or that all required licences and permissions have been obtained. The Client indemnifies EVOLV against third-party claims arising from EVOLV’s authorised use of materials supplied by the Client.

18. Confidentiality

Both EVOLV and the Client will treat confidential information obtained during the collaboration as confidential.This obligation continues after termination or completion of the assignment. Where the Client informs EVOLV in writing before or during an assignment that specific content, campaigns, products, concepts or business information are confidential, EVOLV will not publish such materials or use them in its portfolio until permission has been granted.

19. Non-circumvention of creative partners

During the collaboration and for a period of 12 months after its termination, the Client may not directly engage freelancers, photographers, videographers, stylists, models, producers or other creative professionals introduced or engaged by EVOLV for the relevant collaboration without EVOLV’s involvement. In the event of a breach, the Client may be required to pay an immediately payable penalty of €5,000 per breach, without prejudice to EVOLV’s right to claim additional damages where applicable.

20. Liability

EVOLV is only liable for direct damage demonstrably resulting from intentional misconduct or gross negligence. To the extent permitted by applicable law, EVOLV’s total liability is limited to the amount invoiced for the assignment to which the liability relates. EVOLV is not liable for disappointing results caused by circumstances outside its reasonable control.

21. Use of the website

The EVOLV website is provided for general information about EVOLV, its services and creative work. You may view and use the website for personal or legitimate business purposes. Unless permission has been granted by EVOLV, you may not: copy or reproduce website content for commercial use; present EVOLV’s work as your own; use the website in an unlawful or harmful manner; attempt to interfere with the security or operation of the website. All content displayed on the website, including text, branding, visual concepts, photographs, videos, graphics and other creative materials, belongs to EVOLV or is used with the permission of the relevant rights holder.

22. Website availability and external links

EVOLV aims to keep the website accurate and accessible but does not guarantee that the website will always be available, uninterrupted or error-free. The website may contain links to websites, social media platforms or services operated by third parties. EVOLV is not responsible for the content, availability, privacy practices or services of external websites.

23. Privacy and cookies

The use of personal information collected through the EVOLV website is governed by our Privacy & Cookie Policy. By using the website, you acknowledge that information may be processed as described in that policy. Where legally required, non-essential cookies are only used following your consent.

24. Changes to these Terms

EVOLV may amend these Terms from time to time where its services, website, business practices or applicable laws change. The latest version will be made available on the EVOLV website. The “Last updated” date at the top of this page indicates when these Terms were most recently revised. Changes do not alter agreements already entered into where doing so would conflict with expressly agreed contractual terms or applicable law.

25. Governing law

These Terms and all agreements between EVOLV and the Client are governed exclusively by Dutch law. Any disputes will be submitted to the competent court in the district in which EVOLV is established, subject to any mandatory rules of applicable law.

26. Contact

If you have any questions about these Terms of Service, please contact:

EVOLV SOCIALS
Email: hello@evolvsocials.com
Website: www.evolvsocials.com
Chamber of Commerce (KvK): 42123453

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