Terms & Conditions

1.1 Deposit

1.1.1 A non-refundable deposit of 50% of the agreed setup fee is due and payable before any work commences.

1.1.2 The deposit covers initial planning, domain and platform setup, and design work. No services will be rendered until payment has been confirmed in writing.

1.1.3 The remaining 50% balance is due on the day the completed website is presented to the Client for final approval — before the site goes live.

1.2 Monthly Retainer (Standard & Premium Clients)

1.2.1 Monthly retainer fees are billed on the 1st of each month and must be paid within 7 days.

1.2.2 If payment is not received within 7 days of the due date, maintenance and support services shall be suspended until the outstanding balance is settled in full.

1.2.3 If payment is not received within 30 days of the due date, Echobyte reserves the right to suspend services, including access, updates, and management. Where technically feasible and within Echobyte's control, the website may be taken offline, and steps may be taken to recover the outstanding amount, including referral to a debt collection agent.

1.3 Late or Non-Payment

1.3.1 Invoices unpaid after 7 days will incur a late fee of R150 per week until settled.

1.3.2 In the event of persistent non-payment, Echobyte reserves the right to take the Client's website offline. Services will be reinstated within 24 hours of receipt of full payment.

1.3.3 Any legal or collection costs incurred as a result of non-payment are for the Client's account.

1.4 Payment Methods

1.4.1 Accepted payment methods: EFT (bank transfer) and card payment via Stripe.

1.4.2 For Premium clients, ad spend (Facebook, Google) is billed directly to the Client by the relevant platform. Echobyte charges a management fee as part of the monthly retainer.

2.1 Client Responsibilities

2.1.1 The Client agrees to provide all required content — including text, images, logos, and branding preferences — within 7 days of the deposit being paid.

2.1.2 Delays attributable to the Client's failure to supply content timeously shall extend the delivery date by an equivalent period. Echobyte bears no liability for late delivery where such delay is caused by the Client.

2.2 Project Abandonment

2.2.1 Where the Client fails to respond to communications for a period of 14 consecutive days following commencement of the project, the project shall be deemed abandoned.

2.2.2 Upon abandonment, the deposit shall be forfeited in its entirety and no refund shall be issued. All work completed to that point remains the property of Echobyte until full payment is received.

2.2.3 If the Client returns after abandonment and wishes to continue, a new deposit may be required at Echobyte's discretion.

2.3 Delivery Timeline

2.3.1 Estimated delivery timelines will be agreed upon before work begins. Timelines assume all content is provided on time by the Client.

2.3.2 While estimated timelines are provided, delays may occur due to client-side or external factors. Echobyte will communicate any delays proactively.

3.1 Included Revision Rounds

3.1.1 All packages include 2 rounds of revisions to the design after the initial draft is presented.

3.1.2 A revision round means a consolidated list of changes submitted by the Client in one go — not individual change requests sent one at a time. Revisions do not include complete redesigns or changes to the original project brief.

3.2 Additional Revisions

3.2.1 Any revisions beyond the 2 included rounds will be charged at R250 per hour, billed in 30-minute increments.

3.2.2 Additional revision charges will be quoted and agreed upon in writing before any work begins.

3.3 Client Dissatisfaction

3.3.1 Echobyte shall make every effort to deliver a design that is consistent with the Client's brief. Any dissatisfaction with the initial design direction must be communicated in writing during the first revision round.

3.3.2 If the Client rejects the final design after both revision rounds have been used, no refund will be issued on the deposit or any amounts paid.

3.3.3 No refunds shall be issued for completed work. Echobyte's obligation is to apply the included revision rounds as specified in this agreement. No further obligation arises once those rounds have been exhausted.

3.4 Maintenance (Standard and Premium Clients)

3.4.1 All website change requests must be submitted to Echobyte via email, including a clear description of the requested changes and any supporting content.

3.4.2 Echobyte will use reasonable endeavours to implement approved change requests. Changes will be published no later than the 5th of the month following receipt of the request. Urgent changes requiring implementation within 24 hours will attract an additional charge of R80, which must be agreed upon in writing prior to commencement.

3.4.3 On a monthly basis, Echobyte will issue a written communication to the Client requesting any pending change requests, together with a status update on the Client's website, including uptime status and any revisions implemented during that period.

4.1 Platform Responsibility

4.1.1 Websites built on the team of web designers platform are hosted and secured by team of web designers Inc. Website uptime, SSL certification, and data security are governed exclusively by team of web designers's own terms of service and infrastructure. Echobyte bears no liability in respect thereof.

4.1.2 Websites built on team of web designers are hosted on third-party hosting providers. Uptime and server-side security are the responsibility of the hosting provider.

4.1.3 Echobyte does not guarantee 100% uptime. Downtime resulting from platform outages, hosting provider failures, or third-party service interruptions falls outside the control and liability of Echobyte.

4.2 Hacking & Security Breaches

4.2.1 Echobyte takes reasonable precautions during the setup process to ensure the security of the Client's website. However, Echobyte cannot guarantee that the website will be immune from unauthorised access or compromise.

4.2.2 In the event of a security breach, Echobyte will provide reasonable assistance in investigating and restoring the affected website. Recovery work falling outside the scope of standard maintenance may be invoiced separately.

4.2.3 The Client is solely responsible for maintaining the confidentiality of their login credentials. Echobyte accepts no liability for security breaches arising from the Client's disclosure of passwords or use of inadequate credentials.

4.3 Domain & Platform Accounts

4.3.1 Domain registrations (Absolute Hosting) and platform accounts (team of web designers) are registered in the Client's name wherever possible. The Client owns these accounts.

4.3.2 Annual domain renewal fees are the Client's responsibility unless otherwise agreed in writing.

4.4 Google Ads Services (Premium Tier Only)

4.4.1 Scope of Service — Echobyte will set up, manage, and optimize Google Ads campaigns on behalf of the Client as part of the Premium Tier offering. This includes campaign configuration, keyword targeting, basic performance monitoring, and adjustments where necessary.

4.4.2 No Guarantee of Results — While Echobyte will make reasonable efforts to optimize campaign performance, no specific results, conversions, leads, or return on investment (ROI) are guaranteed. Advertising outcomes depend on multiple external factors beyond Echobyte's control.

4.4.3 Third-Party Platform Dependency — Echobyte shall not be held responsible for any downtime, errors, suspensions, or performance issues related to Google Ads or any associated third-party services. Such issues are outside the scope and control of Echobyte.

4.4.4 Advertising Costs and Budget Allocation — Advertising spend is allocated from the Client's monthly retainer unless otherwise agreed in writing. The actual cost of ads is determined solely by Google Ads and may vary based on bidding, competition, and market conditions.

4.4.5 Budget Limitations — Echobyte will operate within the agreed budget; however, minor fluctuations in spend may occur due to automated bidding systems. Echobyte is not liable for slight over- or under-spend within reasonable limits.

4.4.6 Client Responsibility — The Client is responsible for:

• Providing accurate business information, pricing, and landing pages
• Ensuring compliance with Google Ads policies
• Approving ad content where required

Echobyte shall not be liable for poor performance resulting from inaccurate or incomplete information supplied by the Client.

4.4.7 Account Access and Ownership — Where applicable, the Client retains ownership of their Google Ads account. Echobyte may be granted access for management purposes. Upon termination, access will be revoked unless otherwise agreed.

4.4.8 Suspension or Policy Violations — Echobyte is not responsible for account suspensions or restrictions imposed by Google Ads due to policy violations, whether caused directly or indirectly by the Client's business practices, content, or industry.

4.4.9 Reporting and Transparency — Echobyte may provide periodic performance summaries; however, real-time performance data remains accessible via the Client's Google Ads account.

4.4.10 Limitation of Liability — Echobyte shall not be held liable for any direct or indirect loss of revenue, leads, or business resulting from the use of Google Ads services.

5.1 Termination by Client

The Client may terminate this agreement at any time by providing a minimum of 30 (thirty) days' written notice to Echobyte. All services shall continue to be rendered during the notice period, and the Client remains liable for all fees accruing within that period.

5.2 Termination by Echobyte

Echobyte reserves the right to terminate this agreement with immediate effect under the following circumstances:

• Breach of these Terms and Conditions
• Abusive, threatening, or unreasonable behaviour toward Echobyte
• Requests that fall outside agreed scope and are not resolved
• Any activity deemed illegal, unethical, or damaging to Echobyte's reputation

5.3 Outstanding Fees

Upon termination, all outstanding fees up to the termination date become immediately due and payable. No refunds will be issued for services already rendered.

5.4 Suspension of Services

Echobyte reserves the right to suspend services without notice in cases of non-payment or breach, until the issue is resolved.

5.5 Handover of Assets

Upon termination and full settlement of all outstanding amounts:

• The Client will be provided with access to their website files and relevant assets
• Echobyte is not responsible for ongoing hosting, maintenance, or third-party integrations after termination

5.6 Data Retention

Echobyte may retain client data and files for up to 30 days after termination. Thereafter, all data may be permanently deleted without further notice.

5.7 Limitation of Liability Upon Exit

Echobyte shall not be held liable for any loss of business, revenue, or data resulting from termination or transfer of services.

5.8 Re-Onboarding

Should the Client wish to resume services after termination, Echobyte reserves the right to charge a new setup or onboarding fee.

6.1 Agreement

6.1.1 These Terms & Conditions apply to all services rendered, including once-off projects and ongoing retainers.

6.1.2 By paying a deposit or signing this document, the Client confirms they have read, understood, and agreed to these terms.

6.2 Amendments

6.2.1 Echobyte reserves the right to amend these Terms & Conditions at any time. Clients will be notified of material changes in writing not less than 14 days prior to such changes taking effect.

6.3 Governing Law

6.3.1 This agreement is governed by the laws of the Republic of South Africa.

6.4 Limitation of Liability

6.4.1 Echobyte's total liability for any claim arising from this agreement shall be limited to the amount paid by the Client for services in the 30 days preceding the claim.

6.4.2 Echobyte shall not be liable for any indirect or consequential loss, including loss of profit, revenue, or business.

6.5 Force Majeure

Echobyte shall not be held liable for any delay or failure to perform its obligations due to events beyond its reasonable control, including but not limited to power outages, internet failures, third-party service outages, natural disasters, or government actions.

6.6 Service Level Agreement (SLA)

6.6.1 Echobyte will use reasonable endeavours to respond to Client support requests within 24 hours during business hours. Premium clients will receive a response within 12 hours on the same day. Response times are provided on a best-efforts basis and do not constitute a guarantee.

6.6.2 Critical issues, including website downtime, shall be treated as priority matters and addressed ahead of routine requests.

6.6.3 Resolution times are not guaranteed and may be contingent upon the response times of third-party services.

6.7 Intellectual Property

6.7.1 All work, including website files and designs, remains the property of Echobyte until full payment has been received.

6.7.2 Upon full payment, ownership of the final deliverables transfers to the Client, excluding any third-party licensed materials.

6.8 Scope of Work

6.8.1 Services are limited to the agreed package and scope.

6.8.2 Any work or requests falling outside the agreed scope shall be subject to additional charges. Such charges will be communicated to and approved by the Client in writing before any additional work commences.

Examples of out-of-scope work include (but are not limited to):

• Additional pages
• Redesigns
• New functionality
• Integrations or content creation not included in the original brief