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Terms of Service

Effective Date of these Terms is 10/10/2024.

Before you start using our services/products, we kindly ask you to read and understand the following Terms of Service and Conditions (“Terms”) carefully. These Terms govern your access to and use of the Evolve Catalyst website, services, and related products.

1. Overview of Evolve Catalyst and its Services

Evolve Catalyst is dedicated to empowering small to medium charities in the UK, providing them with the tools and support needed to achieve sustainable success and maximise their impact. Our subscription-based services, ranging from digital solutions to operations support, are created to address the challenges charities face, helping them thrive in an ever-changing space.

2. Purpose and Scope of the Terms

Purpose:

The purpose of these Terms of Service and Conditions is to establish a legal agreement between you (referred to as “user,” “you,” or “your”) and Evolve Catalyst regarding your access to and use of our services/products.

Scope:

These Terms outline your rights and obligations when using Evolve Catalyst and govern our relationship with you. By accessing or using our website or services, you agree to comply with these terms and conditions.

3. Accepting Terms by Users

By accessing or using the Evolve Catalyst website and services/products, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you may not access or use our website or services. Your continued use of Evolve Catalyst constitutes your acceptance of these Terms and any future changes.

We may update these Terms from time to time, and it is your responsibility to review them regularly for any changes. Your continued use of Evolve Catalyst after the posting of any changes to these Terms will indicate your acceptance of those changes.

4. Definitions

In these Terms of Service and Conditions (“Terms”), the following definitions shall apply:

  • Evolve Catalyst: Refers to the web design agency and its services/products offered to users.
  • User: Any individual, business, or entity accessing or using the Evolve Catalyst website or services.
  • Website: The online platform operated by Evolve Catalyst, accessible at evolvecatalyst.org, through which users can access information about services/products and engage with Evolve Catalyst.
  • Services/Products: Refers to the web design, web hosting, branding, marketing, sales funnel building, podcast setup, email automation, operations support, CRM setup, Waqf support, and website maintenance services provided by Evolve Catalyst.
  • Terms: These Terms of Service and Conditions govern the use of the Evolve Catalyst website and services.
  • Subscription: A recurring payment arrangement through which users gain access to Evolve Catalyst’s services/products for a specified period.
  • Additional One-Time Charges: Refers to any charges incurred by the user for services or products that are outside the scope of their subscription plan. These charges may include one-time purchases, customisations, or other supplementary services requested by the user beyond the standard subscription offerings.
  • Content: Any information, data, text, images, graphics, videos, or other materials available on the Evolve Catalyst website.
  • Intellectual Property: Refers to all copyrights, trademarks, patents, trade secrets, and other intellectual property rights associated with Evolve Catalyst and its services/products.
  • Privacy Policy: Refers to the document outlining Evolve Catalyst’s practices regarding the collection, use, and protection of user information, accessible at Privacy Policy.
  • Effective Date: The date on which these Terms come into effect, as indicated at the beginning of the document.
  • User Account: An account created by a user on the Evolve Catalyst website or through a third-party project management software, which may include personal information and login credentials.
  • Force Majeure: Unforeseeable circumstances or events beyond the control of Evolve Catalyst that prevent or delay the performance of its obligations under these Terms.
  • Governing Law: The applicable laws and regulations governing these Terms, are typically determined based on the location of Evolve Catalyst’s headquarters.

5. User Agreement

Eligibility Criteria for Using Evolve Catalyst:

  • Required Age: Users must be at least 18 years old to access and use Evolve Catalyst’s services. By accessing the website or using the services, users represent and warrant that they meet this age requirement.
  • Geographic Restrictions: Access to Evolve Catalyst may be restricted based on geographical location. Users are responsible for ensuring compliance with any local laws or regulations that may apply to their use of the website and services.

Accepting Terms:

  • Binding Agreement: By accessing or using Evolve Catalyst’s services, users agree to be bound by these Terms of Service. If users do not agree to these terms, they should refrain from accessing the website or using services.
  • Methods: Users may indicate their acceptance of the Terms of Service by clicking a checkbox, button, or link that suggests their agreement. Continued use of the website after being presented with the terms also constitutes acceptance.
  • Not Accepting Terms: Failure to accept the Terms of Service may result in restricted access to certain features or services provided by Evolve Catalyst. Users are encouraged to review these terms carefully before accessing the website or using services.

User Responsibilities and Obligations:

  • Compliance with Laws and Regulations: Users must comply with all applicable laws, regulations, and Evolve Catalyst’s policies when using the website or services. Any illegal, fraudulent, or abusive activities are strictly prohibited.
  • Security of Account Credentials: Users are responsible for maintaining the security and confidentiality of their account credentials and personal information. They should not share their login credentials with others or allow unauthorised access to their account.
  • Proper Use of Services: Users agree to use Evolve Catalyst’s services for lawful purposes only and to refrain from engaging in any activity that may disrupt or interfere with the proper functioning of the website.
  • Respect for Intellectual Property: Users must respect the intellectual property rights of Evolve Catalyst and third parties. Unauthorised use, reproduction, or distribution of copyrighted materials is prohibited.
  • Following Guidelines: Users must follow any guidelines, community standards, or codes of conduct provided by Evolve Catalyst for using its platform. Failure to comply with these guidelines may result in disciplinary action, including suspension or termination of the user’s account.
  • Consequences of Non-Compliance: Violation of these responsibilities and obligations may result in suspension or termination of the user’s account, as well as legal action if warranted. Evolve Catalyst reserves the right to take appropriate action to enforce these terms and protect its platform and users.

6. Services We Offer

Description of Services:

Evolve Catalyst offers services tailored to meet the needs of small charities striving to build a strong foundation and make a sustainable impact. Our primary services include:

  • Digital and Tech Solutions: Increase your charity’s online presence with our complete web and digital services. We create engaging websites and unique logos to reflect your brand identity. Our services include developing branding guidelines, optimising website content for search engines, and analysing web traffic to boost performance. We provide custom email domains, implement robust web security, and offer free web hosting to ensure your site’s reliability. Regular maintenance and Salesforce CRM setup streamline operations and enhance donor management, ensuring your charity stays connected and secure online.
  • Marketing and Fundraising Strategies: Boost your charity’s reach and engagement with our marketing and fundraising strategies guidance. We develop lead-generation funnels and automate email marketing to attract and retain supporters. Our high-quality content writing improves your messaging, while Gift Aid assistance maximises donations. We set up podcasts and virtual events to engage your audience, and our charities directory increases exposure. By facilitating networking events, we help you connect with partners and supporters, driving growth and collaboration in your charitable efforts.
  • Strategic Operations Support: Optimise your charity’s operations with our strategic operations support services. We help develop compliance documents and provide project management support for effective implementation. Our strategic operations support ensures long-term growth, while mentorship offers guidance to overcome challenges. We assist in creating annual reports and establishing a private community for connection and resource sharing. Our job board connects you with qualified candidates, streamlining recruitment. These services empower your charity to operate efficiently and achieve sustainable success.
  • Waqf Consultation: Secure long-term funding for your charity with our waqf (endowment) consultation. We guide you in setting up a waqf and provide advice for a strong foundation. Our service includes oversight and support to ensure compliance and financial stability. We help you develop fundraising and marketing strategies to promote your Waqf and engage potential donors, ensuring sustainable financial support for your charity. Our expert guidance enables you to create effective plans highlighting your Waqf’s benefits. The service aims to maximise the sustainability and impact of your charity’s financial resources.
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Scope of Services:

Our services are designed to meet the diverse needs of small charities seeking to thrive in the ever-changing and challenging space. We offer solutions that meet your goals, with flexible pricing options to suit small and medium-sized charities.

Limitations:

While we strive to provide full services to our clients, there are certain limitations and restrictions to be aware of. These may include service availability, compatibility with third-party software, or specific use cases not covered by our standard service offering. We encourage users to review our service terms and conditions for detailed information on any limitations that may apply.

7. Registration and User Accounts

At Evolve Catalyst, we strive to ensure a seamless experience for our users. While there isn’t a traditional registration process for creating user accounts on our platform, users may engage with us and access our services through various actions, such as subscribing to a plan, booking a call, or contacting us for assistance.

When users subscribe to a plan, book a call, or provide information about their charity, they may be required to fill in forms to facilitate these processes. These forms are made to gather the necessary information to serve our users better and customise our services to their needs.

We take the security and privacy of our users’ information seriously and have implemented measures to safeguard their data under our Privacy Policy.

8. Payments, Fees, and Billing

  1. Payment Terms: Users are required to make payments to access services or products provided by Evolve Catalyst. Access to services or products is conditional upon the user’s payment of the specified fees.
  2. Billing Cycles: Users will be billed according to the specified billing cycle, which may be monthly, quarterly, or annually, depending on the service or product selected. Users will only have access to services or products for the duration of the billing cycle for which they have paid.
  3. Payment Method:  Evolve Catalyst accepts payment via Stripe, a third-party payment processor. Users will be required to provide valid payment information through Stripe to complete transactions for services or products offered by Evolve Catalyst.
  4. Fees/Charges: Users may be subject to fees or charges associated with accessing certain services or products provided by Evolve Catalyst. These fees or charges will be communicated to users before their incurrence. Users are responsible for reviewing and understanding any applicable fees or charges before making a payment.
  5. Taxes: Users are responsible for any applicable taxes, including but not limited to sales tax, value-added tax (VAT), or goods and services tax (GST), associated with their use of services or products offered by Evolve Catalyst.
  6. Refunds:  Evolve Catalyst does not offer refunds for any paid subscription plans. However, we are committed to ensuring customer satisfaction. Users have the option to cancel their subscription plan after 12 months. In addition, we provide revisions to guarantee the quality of our service.

9. Cancellations and Termination

  1. Cancellation Procedures: Clients can cancel their subscriptions by contacting Evolve Catalyst through the designated communication channels provided on the website or by the team.
  2. Refund Policy:  Evolve Catalyst aims to offer a flexible cancellation policy. Clients should review the terms and conditions of the subscription agreement to understand any cancellation fees or requirements.
  3. Minimum Commitment Period: Due to the absence of setup fees or upfront costs, there is a minimum commitment period of 12 months for each subscription. If a client wishes to cancel before this period, a cancellation fee of £3,500 applies.
  4. Termination by Evolve Catalyst:  Evolve Catalyst reserves the right to terminate user accounts or subscriptions at its discretion, without prior notice, for reasons including but not limited to violation of the Terms of Service, fraudulent activity, or any other conduct deemed inappropriate or harmful to the website or its users.

10. Refund Policy

At Evolve Catalyst, we value your satisfaction with our services. Please review the following information regarding our refund policy:

Refund Eligibility:

  • Refunds are not available for subscription plans. We do not offer refunds for any paid subscription plans.
  • Certain services or products may have their refund eligibility outlined in the terms and conditions specific to each offering. Users are encouraged to review these terms before purchasing to understand eligibility criteria.

Cancellation and Refund Procedure:

  • To request a refund for eligible services or products, users must follow the cancellation procedure outlined in the “Cancellations and Termination” section of these Terms of Service.
  • Refund requests must be submitted within the specified timeframe outlined in the applicable refund policy for the respective service or product.

Refund Processing:

  • Once a refund request for eligible services or products is received and approved, refunds will be processed using the original method of payment unless otherwise specified.
  • Processing times for refunds may vary depending on the payment method and financial institution.

Exceptions:

  • Subscription plans are not eligible for refunds. Refunds may not be available for services or products that have been partially or fully consumed, accessed, or delivered.

11. User Content and Intellectual Property Rights

Ownership of User-Generated Content:

Any content, including but not limited to text, images, videos, or other materials, that users submit, upload, or otherwise make available on or through Evolve Catalyst (“User Content”) remains the sole property of the respective users.

By submitting User Content to Evolve Catalyst, users grant Evolve Catalyst a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the services provided by Evolve Catalyst.

Licensing Agreements for User Content:

Users agree that they have the necessary rights, licenses, permissions, and consents to submit any User Content to Evolve Catalyst.

Users acknowledge and agree that they are solely responsible for the User Content they submit and the consequences of posting or publishing it.

Protection of Intellectual Property Rights:

Evolve Catalyst respects the intellectual property rights of others and expects users to do the same.

Users must not submit any User Content that interferes with the intellectual property rights of others, including copyrights, trademarks, patents, trade secrets, or other proprietary rights.

If users believe that any User Content on Evolve Catalyst has violated their intellectual property rights, they should contact Evolve Catalyst promptly with relevant details and evidence.

12. Privacy Policy

Our privacy policy outlines our commitment to protecting your privacy and explains how we collect, use, and safeguard your personal information. By accessing or using our website and services, you agree to the terms of this Privacy Policy.

For detailed information about how Evolve Catalyst collects, uses, and protects your personal information, please read the full Privacy Policy by visiting the Privacy Policy page on our website.

13. Prohibited Activities

List of Prohibited Activities:

Description of activities that are prohibited on the Evolve Catalyst website, including but not limited to:

  • Violation of laws and regulations
  • Misuse of intellectual property
  • Harassment or abusive behaviour
  • Fraudulent activities
  • Unauthorised access or use of accounts
  • Spamming or solicitation

Consequences for Engaging in Prohibited Activities:

Explanation of the consequences for users found engaging in prohibited activities, including but not limited to:

  • Account suspension or termination
  • Legal action
  • Removal of content
  • Loss of access to services

14. Dispute Resolution

Process for Resolving Disputes:

Description of the process for resolving disputes between users and Evolve Catalyst, including:

  • Initial communication with Evolve Catalyst’s support team
  • Escalation procedures if the issue remains unresolved

Dispute Resolution Mechanisms and Procedures:

Explanation of the dispute resolution mechanisms and procedures employed by Evolve Catalyst, such as:

  • Negotiation and mediation
  • Arbitration
  • Legal action as a last resort

15. Limitation of Liability

Disclaimer of Warranties:

  • A statement clarifying that Evolve Catalyst makes no warranties or representations about the accuracy or completeness of the content on the website.
  • Clarification that the use of Evolve Catalyst’s services is at the user’s own risk.

Limitation of Liability for Damages Incurred by Users:

The extent to which Evolve Catalyst is liable for any damages incurred by users includes:

  • Direct, indirect, incidental, consequential, or punitive damages
  • Damages resulting from errors, interruptions, or omissions in the service
  • Damages resulting from unauthorised access to or alteration of user transmissions or data

Indemnification Provisions:

  • Statement outlining the user’s agreement to indemnify and hold Evolve Catalyst harmless from any claims, liabilities, damages, losses, or expenses arising out of or in connection with the user’s use of the website or services.
  • Clarification that this indemnification extends to any third-party claims.

16. Changes to the Terms of Service

Evolve Catalyst reserves the right to modify, amend, or update these Terms of Service and Conditions at any time, at its sole discretion. Any changes to these terms will be effective immediately upon posting the revised version on the website. Evolve Catalyst will make reasonable efforts to notify users of any material changes to the Terms of Service via email or through other means of communication provided by the user.

Users are encouraged to review these terms occasionally for any updates or changes. By continuing to access or use the website or services after any changes to the Terms of Service, users agree to be bound by the revised terms. If a user does not agree with the revised terms, their sole recourse is to discontinue the use of the website and services.

17. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed under the laws of England and Wales, United Kingdom, without regard to its conflict of law principles. Any dispute arising out of or in connection with these Terms, including any disputes regarding their existence, validity, or termination, shall be exclusively settled by the courts of England and Wales

18. Contact Us

If you have any questions regarding these Terms of Service, please contact us at [email protected].

Our team is dedicated to providing assistance and support to address any inquiries or issues you may have. Thank you for choosing Evolve Catalyst.