Terms and Conditions

1. Agreement to these Terms

These Terms and Conditions (the “Terms”) govern your access to and use of evenore.com, eclataur.com, fragror.com, and any other website or service operated by EVENORE Solutions LLC (“EVENORE,” “we,” “us,” or “our”) that links to these Terms (collectively, the “Website”). By accessing or using the Website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Website.

These Terms govern use of the Website. Engagements for design, development, optimization, maintenance, or other services are governed by a separate written Service Agreement or Statement of Work signed between EVENORE and the client. In the event of a conflict between these Terms and a signed Service Agreement, the Service Agreement controls with respect to that engagement.

2. Definitions

“Client”

any individual or entity that engages EVENORE to provide services under a Service Agreement or Statement of Work.

“Services”

the design, development, optimization, maintenance, support, branding, and related professional services that EVENORE offers.

“Deliverables”

the websites, designs, code, documentation, brand assets, and other materials produced by EVENORE under a Service Agreement.

“Content”

any text, images, video, audio, code, schema, data, and other materials published on the Website or provided by us in the course of providing Services.

“You” and “Your”

any visitor to the Website or any Client engaging EVENORE for Services.

3. About EVENORE

EVENORE Solutions LLC is a limited liability company organized under the laws of the [STATE OF FORMATION], United States. EVENORE operates as a premium WordPress design and development studio. Éclataur (eclataur.com) and Fragror (fragror.com) are doing-business-as brands of EVENORE Solutions LLC.

4. Services overview

EVENORE provides services in four pillars:

Build

WordPress design, WooCommerce development, and learning management system (LMS) development.

Optimize

speed optimization, search engine optimization (SEO), and answer / generative engine optimization (AEO and GEO).

Maintain

ongoing maintenance, monitoring, and support.

Brand

branding and marketing design, including identity systems and marketing collateral.

Information published on the Website about these services is provided for general information only. It does not constitute an offer to enter into a contract on any particular terms. A binding engagement is created only when EVENORE and a Client sign a written Service Agreement or Statement of Work.

5. Eligibility

You must be at least eighteen years old and have the legal capacity to enter into a binding agreement to use the Website or engage EVENORE for Services. If you are using the Website on behalf of a business, you represent that you have authority to bind that business to these Terms.

6. Use of the Website

6.1 Permitted use

You may access and use the Website for lawful, personal, and legitimate business purposes, including evaluating whether to engage EVENORE for Services.

6.2 Prohibited conduct

You agree not to:

• Use the Website in violation of any applicable law or regulation.
• Attempt to gain unauthorized access to any part of the Website, our servers, or related systems.
• Interfere with or disrupt the Website, including by introducing malware, conducting denial-of-service attacks, or probing for vulnerabilities.
• Scrape, crawl, or harvest content from the Website except as expressly permitted by our robots.txt and llms.txt files.
• Use the Website to send unsolicited commercial communications or to harvest contact information.
• Reproduce, republish, distribute, or create derivative works of any portion of the Website without our prior written permission, except as permitted by these Terms or by applicable law.
• Misrepresent your identity or impersonate any other person or entity.

7. Inquiries, proposals, and engagement

Submitting an inquiry through the Website does not create a contractual relationship between you and EVENORE. We respond to inquiries on a discretionary basis and reserve the right to decline any prospective engagement for any lawful reason.

A binding engagement is formed only when both parties sign a written Service Agreement or Statement of Work that identifies the scope, deliverables, fees, timeline, and other commercial terms. Proposals, estimates, and project plans circulated before signature are non-binding and are valid for thirty days unless otherwise stated.

8. Fees, estimates, and payment

The fees, payment schedule, and accepted methods for any engagement are set out in the applicable Service Agreement or Statement of Work. The following general principles apply unless varied in writing:

• Project work typically requires a deposit before work begins, with the balance billed at agreed milestones and on final delivery.
• Recurring services such as maintenance and support are billed on a monthly or annual basis, in advance.
• Invoices are due net fifteen days from the date of invoice unless a different term is specified.
• Late payments may accrue interest at the lesser of one and a half percent per month or the maximum rate permitted by law, and reasonable costs of collection (including attorneys’ fees) may be added.
• All fees are quoted exclusive of sales tax, VAT, or similar taxes, which will be added where applicable.
• Third-party costs (such as hosting fees, premium plugin or theme licenses, stock assets, and font licenses) are either paid directly by the Client or passed through at cost, as agreed in the Service Agreement.

9. Refunds and cancellation

Deposits secure project scheduling and cover discovery, planning, and initial work. Deposits are non-refundable except where required by law or expressly stated otherwise in a Service Agreement.

If a project is paused or cancelled by the Client after work has begun, EVENORE is entitled to be paid for work performed and expenses incurred through the date of cancellation, calculated against the agreed milestones or, where milestones do not apply, on a reasonable time-and-materials basis.

10. Project process, revisions, and timelines

10.1 Process

Engagements follow a four-phase process: Strategy, Design, Build, and Launch. Each phase has defined deliverables and a client review window. EVENORE will give the Client reasonable opportunity to review and comment on deliverables before moving to the next phase.

10.2 Revisions

The number of revision rounds included is set out in the Service Agreement. Additional revisions, or revisions outside the agreed scope, will be quoted separately and invoiced before being performed.

10.3 Scope changes

Any change to scope, deliverables, fees, or timeline must be agreed in writing through a change order or a revised Statement of Work.

10.4 Timelines

Timelines published in proposals or Statements of Work are estimates and depend on the Client providing required content, feedback, and approvals in a timely manner. Delays caused by the Client may shift the schedule and may incur additional costs where they materially affect resource planning.

11. Client responsibilities

To deliver high-quality work on time, we rely on Clients to:

• Provide accurate information about the business, audience, goals, and constraints.
• Supply content, brand assets, credentials, and approvals on the schedule agreed in the Service Agreement.
• Identify a primary point of contact authorized to make decisions and approve deliverables.
• Ensure that all materials provided to EVENORE (including text, images, video, fonts, and third-party assets) are owned by the Client or properly licensed for the intended use, and do not infringe any third party’s intellectual property, privacy, or other rights.
• Maintain backups of any pre-existing site or content that is to be migrated or replaced.

12. Intellectual property

12.1 Website content

All content on the Website (including text, design, code, graphics, logos, photographs, video, and the look and feel of the Website) is owned by EVENORE Solutions LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws. Except as expressly permitted by these Terms, you may not copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any portion of the Website.

The EVENORE name, the EVENORE logo and emblem, Éclataur, Fragror, and any related trademarks and trade dress are marks of EVENORE Solutions LLC. You may not use these marks without our prior written consent.

12.2 Deliverables under client engagements

Subject to full payment of all amounts due under the relevant Service Agreement, and unless otherwise agreed in writing:

• The Client receives a non-exclusive, worldwide, perpetual license to use the final Deliverables for the purpose for which they were created.
• Where the Service Agreement so provides, ownership of specifically commissioned final Deliverables (custom child-theme code, custom designs prepared specifically for the Client, and final brand identity assets) is assigned to the Client upon final payment.
• EVENORE retains all rights in pre-existing materials, including methodologies, frameworks, reusable code components, design libraries, and know-how (“EVENORE IP”), and grants the Client a non-exclusive license to use any EVENORE IP embedded in the Deliverables solely as part of the Deliverables.

12.3 Third-party components

Deliverables may include third-party themes, plugins, fonts, stock photography, and other components. These remain the property of their respective owners and are governed by their own licenses. The Client is responsible for maintaining valid licenses for any third-party components after handover, including renewing premium plugin and theme licenses where applicable.

12.4 Pre-existing client materials

The Client retains ownership of all pre-existing materials supplied to EVENORE. By providing such materials, the Client grants EVENORE a non-exclusive license to use them as reasonably necessary to perform the Services.

12.5 Portfolio and case study rights

Unless otherwise agreed in writing, EVENORE may include completed work in its portfolio and marketing materials, including on evenore.com, in proposals, in presentations, and in case studies. We will respect reasonable confidentiality requests and will not publish material that a Client has marked confidential.

13. Confidentiality

Each party may receive information from the other that is confidential, including business plans, financial information, customer lists, designs, and unreleased work. Each party will use the other’s confidential information only for the purposes of the engagement, will protect it with at least the same care it uses for its own confidential information, and will not disclose it to third parties except to its employees, contractors, and professional advisors who have a need to know and who are bound by confidentiality obligations.

Confidentiality obligations do not apply to information that is or becomes public through no fault of the receiving party, is independently developed without reference to the disclosing party’s information, is received from a third party without restriction, or is required to be disclosed by law. In the case of legally required disclosure, the receiving party will give reasonable advance notice where lawful.

14. Third-party services

Engagements typically involve third-party services such as hosting, plugins, themes, payment processors, analytics, and email delivery. EVENORE will recommend providers and configure them as part of the Services, but EVENORE is not responsible for the acts, omissions, downtime, data handling, pricing changes, or service discontinuation of third parties. The Client’s relationship with each third-party provider is governed by that provider’s terms.

15. Maintenance and support plans

Where the Client purchases a maintenance or support plan, the specific scope, response times, included hours, and exclusions are set out in the applicable plan document or Statement of Work. Maintenance plans do not include new feature development, major redesigns, content writing beyond minor edits, or recovery from incidents caused by the Client’s own actions or by third-party services outside our reasonable control, unless expressly included.

16. Warranties and disclaimers

16.1 Limited workmanship warranty

For ninety days after final delivery of a website project, EVENORE will, at no additional cost, correct defects in the Deliverables caused by EVENORE’s workmanship, provided the defect is reported in writing within that period and the Client has not modified the Deliverables or installed unsupported components. This warranty does not cover issues caused by changes made by the Client or third parties, by third-party services, or by content provided by the Client.

16.2 Disclaimer

Except for the limited warranty above and any additional warranties expressly stated in a signed Service Agreement, the Website, Services, and Deliverables are provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by law, EVENORE disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

EVENORE does not warrant that the Website or any Deliverable will be uninterrupted, error-free, secure against every threat, or that any defect will be corrected. EVENORE does not guarantee specific search engine rankings, traffic, conversion rates, revenue, or business outcomes, as these depend on many factors outside our control.

17. Limitation of liability

To the maximum extent permitted by law:

• EVENORE will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, goodwill, data, or business opportunity, even if EVENORE has been advised of the possibility of such damages.
• EVENORE’s total cumulative liability arising out of or relating to the Website, the Services, the Deliverables, or these Terms will not exceed the greater of: (a) the total fees paid by the Client to EVENORE in the six months immediately preceding the event giving rise to the claim, or (b) one thousand United States dollars (US$1,000) for visitors who are not Clients.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this section may not apply to you. In those jurisdictions, EVENORE’s liability is limited to the maximum extent permitted by law.

18. Indemnification

You agree to defend, indemnify, and hold harmless EVENORE Solutions LLC and its members, officers, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to: (a) your breach of these Terms; (b) your violation of any law or the rights of any third party; (c) any content, materials, or instructions you provide to EVENORE; or (d) your use of any Deliverable in a manner not contemplated by the applicable Service Agreement.

19. Termination

We may suspend or terminate your access to the Website at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Upon termination, the rights granted to you under these Terms will end immediately. Provisions that by their nature should survive termination (intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and governing law) will survive.

Termination of a specific engagement is governed by the applicable Service Agreement.

20. Force majeure

Neither party will be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications failures, denial-of-service attacks, third-party service outages, or pandemics. The affected party will give prompt notice and use reasonable efforts to resume performance.

21. Governing law and dispute resolution

21.1 Governing law

These Terms and any dispute arising out of or relating to them, the Website, or the Services are governed by the laws of the [STATE OF FORMATION], United States, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

21.2 Informal resolution

Before filing any formal proceeding, the parties agree to attempt to resolve the dispute in good faith by sending a written notice describing the dispute and proposed resolution to support@evenore.com and engaging in a discussion within thirty days of receipt.

21.3 Venue

If the dispute is not resolved informally, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Dallas, Texas, for any action arising out of these Terms, except that EVENORE may bring an action for injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

21.4 Class action waiver

To the extent permitted by law, each party waives the right to participate in a class action, collective action, or representative action against the other party. Any dispute will be conducted only on an individual basis.

22. Changes to these Terms

We may revise these Terms from time to time. The revised version will be effective when posted to the Website, with the “Last updated” date revised accordingly. For material changes, we will provide a more prominent notice (a notice on the homepage, for example, or, where you are an active Client, an email). Your continued use of the Website after the effective date constitutes acceptance of the revised Terms.

23. General provisions

23.1 Entire agreement

These Terms, together with our Privacy Policy and any signed Service Agreement, constitute the entire agreement between you and EVENORE regarding the subject matter and supersede all prior or contemporaneous understandings.

23.2 Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

23.3 No waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

23.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all of our assets.

23.5 No agency

Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between you and EVENORE. Neither party may bind the other or create obligations on its behalf.

23.6 Notices

Notices to EVENORE under these Terms must be sent in writing to legal@evenore.com, with a copy to the registered business address listed below. Notices to you may be sent to the email address you have provided or by notice posted on the Website.

23.7 Headings

Section headings are for convenience only and have no substantive effect.

24. Contact

Questions about these Terms can be sent to: