Legal · Terms

The terms,
straight up.

These terms govern your use of evokedm.com and any preliminary engagement before a signed contract. For active projects, the signed Statement of Work overrides anything here — but this page covers the baseline expectations either way.

Last updated · 27 May 2026
01

The agreement

By using this website or engaging Evoke Digital Marketing Ltd. (“Evoke”, “we”, “us”) for any services, you agree to these terms. If you don't agree with them, please don't use the site or hire us — both options are equally fine on our end.

For paid engagements, we sign a Statement of Work (“SOW”) that overrides these terms wherever specific. These general terms fill any gaps the SOW doesn't address.

02

Our services

Evoke provides software development & architecture, web development, AI solutions, eCommerce, automation, digital marketing, IT & CCTV, nearshore engineering, and cloud & infrastructure services. The specific scope of any engagement is defined in a written proposal or SOW.

We reserve the right to refuse any project. If we don't think we're the right fit, we'll say so and (where we can) point you toward someone who is.

03

Quotes & proposals

Quotes and proposals are valid for 30 days unless otherwise stated. Scope, timeline and cost are documented in the proposal. Anything outside the documented scope (“scope changes”) is handled via a change order signed by both parties.

— How we estimateOur estimates are based on what we know at the time. If you uncover new requirements or change direction during the project, we'll re-estimate and quote a delta — never silently absorbing scope creep or shipping the wrong thing.
04

Payment terms

Standard payment terms unless your SOW says otherwise:

  • Project-based work — typically 40% deposit, milestone payments through delivery, balance on launch. Documented in the SOW.
  • Monthly retainers — invoiced on the 1st of each month, due within 14 days.
  • Hourly engagements — invoiced bi-weekly with itemised time logs.
  • Currency — USD or TTD depending on the engagement. Invoices specify.
  • Late payments — overdue balances may incur a 1.5% monthly service charge and pause active work until cleared.
05

Intellectual property

Once an engagement is paid in full, all final deliverables (code, designs, copy, configurations) transfer to you. You own them. We retain:

  • Our pre-existing tools and frameworks — internal libraries, scripts, methodologies developed before or independent of your project.
  • A portfolio right — to reference the project in our case studies, marketing materials and pitches, unless an NDA prohibits it.
  • Third-party components — open-source libraries, vendor SDKs and similar remain under their original licenses.

Until final payment is made, all deliverables remain our property and licensed to you only for review purposes.

06

Confidentiality

We treat anything non-public you share with us as confidential and use it solely to deliver the engagement. We're happy to sign a mutual NDA before any sensitive material changes hands — many engagements start with one.

We expect the same in return: anything we share with you about our methods, internal tools, pricing or processes is confidential and should not be redistributed.

07

Warranties & liability

We warrant that our work will be performed professionally and meet the specifications in the SOW. For 30 days after launch we'll fix any defects in the delivered work at no additional cost. After that, ongoing maintenance is covered by a separate retainer or per-incident agreement.

To the maximum extent permitted by law, our total liability for any claim relating to an engagement is limited to the fees paid for that engagement. We are not liable for indirect, consequential, or punitive damages — including lost profits, lost data, or business interruption.

The website (evokedm.com) is provided “as is” without warranty. While we try to keep it accurate, we don't guarantee uptime, completeness, or that it'll fit any particular purpose.

08

Termination

Either party can terminate an engagement with 30 days' written notice. On termination:

  • You pay for all work completed up to the termination date plus any committed non-refundable expenses.
  • We hand over all completed deliverables, source files and documentation produced to that point.
  • Both parties' confidentiality and IP obligations survive termination.

Either party can also terminate immediately for material breach (e.g., non-payment, illegal use, gross misconduct).

09

Third-party services

Many engagements involve third-party services — AWS, Cloudflare, Stripe, OpenAI, etc. You're responsible for any fees those vendors charge directly (hosting bills, payment processing, API usage). We can manage these on your behalf if requested, but the underlying contracts are between you and the vendor.

We are not responsible for outages, policy changes or pricing changes by third-party providers. We do try to choose vendors with track records that minimise these risks.

10

Governing law

These terms are governed by the laws of Trinidad & Tobago. Disputes will be resolved first by good-faith negotiation; if that fails, by mediation in Port of Spain, and if necessary by the courts of Trinidad & Tobago — unless your SOW specifies a different forum.

11

Changes to these terms

We may update these terms from time to time. The “Last updated” date at the top will reflect the latest revision. For material changes affecting active engagements, we'll notify active clients directly.

Continued use of the site or services after a change constitutes acceptance of the updated terms.

12

Contact us

Questions about these terms, an engagement, or anything else:

Evoke Digital Marketing Ltd.
Port of Spain, Trinidad & Tobago
support@evokedm.com
+1 868 354 0286

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