Terms & Conditions

1.1 Setup Fee

1.1.1 No deposit is required before work commences. EchoByte will design and build the Client's complete website before any payment is requested.

1.1.2 Once built, EchoByte will make the website available to the Client as a Temporary Preview Website for review and approval, as described in clause 2.3.

1.1.3 Upon the Client's approval of the Temporary Preview Website, EchoByte shall issue an invoice for the full setup fee. The setup fee, together with any additional revision charges under clause 3.2, is payable in full before the website is launched.

1.1.4 No production environment will be registered or configured, no domain will be connected, and no website will be launched until the setup fee has been paid in full and cleared funds have been received by EchoByte.

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 Any amount not paid within 7 (seven) days of its due date may incur a reasonable administration fee and/or interest at the maximum rate permitted under applicable South African law, calculated from the due date until the amount is paid in full.

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 (seven) days of the project commencing.

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 Development & Preview Process

2.2.1 EchoByte will build the Client's website in full before any payment is requested.

2.2.2 Once built, EchoByte will provide the Client with a Temporary Preview Website on a temporary URL, solely for the purpose of review and approval, as described in clause 2.3.

2.2.3 The Client is entitled to two included revision rounds during the preview stage, as described in clause 3.1.

2.2.4 Once the Client approves the Temporary Preview Website, EchoByte will issue the invoice for the full setup fee in accordance with clause 1.1.

2.2.5 Only once the setup fee has been paid in full will EchoByte register or configure the production environment, configure Cloudflare, connect the Client's custom domain, and launch the live website.

2.2.6 The Client's written approval of the Temporary Preview Website, including approval communicated by email or WhatsApp, constitutes acceptance that the website materially complies with the agreed project brief and authorises EchoByte to issue the final setup invoice.

2.3 Temporary Preview Website

2.3.1 The Temporary Preview Website is made available solely so that the Client may evaluate EchoByte's work. It does not constitute a deliverable under this agreement and confers no ownership or licence rights on the Client.

2.3.2 EchoByte may, at its sole discretion, disable, restrict, password-protect, or otherwise limit access to the Temporary Preview Website at any time.

2.3.3 The link to the Temporary Preview Website will expire after approximately 48 (forty-eight) hours, and EchoByte may disable access after this period.

2.3.4 Before the setup fee has been paid in full, the Client receives no licence to copy, reproduce, recreate, distribute, imitate, reuse, or have any other developer complete any part of the Temporary Preview Website, as further set out in clause 6.7 (Intellectual Property).

2.4 Project Abandonment

2.4.1 Where the Client fails to respond to communications for a period of 14 (fourteen) consecutive days after the Temporary Preview Website has been delivered, the project shall be deemed abandoned.

2.4.2 Upon abandonment, EchoByte may disable the Temporary Preview Website and archive the project. The Temporary Preview Website and associated project files may be retained for up to 30 (thirty) months, after which they may be permanently deleted.

2.4.3 If the Client returns after such deletion, EchoByte is under no obligation to recreate the original Temporary Preview Website, and a completely new website may need to be built, subject to a new agreement between the parties.

2.5 Delivery Timeline

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

2.5.2 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 The Client is entitled to two (2) included revision rounds during the preview stage described in clause 2.3.

3.1.2 A revision round means a consolidated list of major design, content, or functionality changes submitted by the Client in one go, and not individual change requests sent one at a time.

3.1.3 Minor corrections — such as spelling mistakes, broken links, implementation errors, and bugs — do not count as revision rounds and will be corrected by EchoByte as part of the build, at no additional charge.

3.1.4 Revision rounds do not include complete redesigns or changes to the original project brief.

3.2 Additional Revisions

3.2.1 Any major revisions requested after the two included rounds will be charged at R250 per additional revision round, and will be added to the Client's final invoice.

3.2.2 Additional revision charges will be quoted and agreed in writing before any further work begins, and must be settled, together with the setup fee, before the website is launched.

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 Where the Client remains dissatisfied after both included revision rounds have been used, any further changes will be treated, and invoiced, as additional revisions in terms of clause 3.2.

3.3.3 No refunds shall be issued for completed work. EchoByte's obligation is to apply the included revision rounds specified in this agreement, and 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 & Hosting

4.1.1 Websites are hosted, with DNS and SSL provided, via Cloudflare. Website uptime, SSL certification, and data security in respect of the hosting environment are governed by Cloudflare's own terms of service and infrastructure, and EchoByte bears no liability in that respect.

4.1.2 EchoByte does not guarantee 100% uptime. Downtime resulting from Cloudflare outages, hosting provider failures, or other 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 Management

4.3.1 EchoByte manages the Client's domain for as long as the Client remains subscribed to the monthly retainer. The monthly retainer includes this continued domain management.

4.3.2 EchoByte administers and manages the domain on behalf of the Client while this agreement remains active. Administrative access remains under EchoByte's control for the duration of the agreement.

4.3.3 Upon termination of this agreement, and once all outstanding amounts have been paid in full, EchoByte will take reasonable steps to transfer or release administrative control of the domain to the Client or the Client's nominated registrar within a reasonable period, typically within 48 (forty-eight) hours.

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

4.4 Website Files

4.4.1 EchoByte retains the Client's website files for as long as the monthly retainer remains active.

4.4.2 Upon termination of this agreement and settlement of all outstanding amounts, the Client may request the project files from EchoByte.

4.5 Google Ads Services (Premium Tier Only)

4.5.1 Scope of Service — EchoByte will set up, manage, and optimise 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.

4.5.2 No Guarantee of Results — While EchoByte will make reasonable efforts to optimise 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.

4.5.3 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.

4.5.4 Advertising Costs and Budget Allocation — Advertising spend is billed directly to the Client by Google/Facebook 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.

4.5.5 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.

4.5.6 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.

4.5.7 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.

4.5.8 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.

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

4.5.10 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, in accordance with clause 4.4; and
• the Client's domain will be released, in accordance with clause 4.3.

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 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, and the parties consent to the jurisdiction of the courts of Pretoria, Gauteng, in respect of any dispute arising from this agreement.

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 (Monday to Friday, 08:00–17:00 South African time, excluding public holidays). 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 Until the setup fee referred to in clause 1.1 has been paid in full, all source code, layouts, graphics, designs, styling, functionality, project files, and other assets created in connection with the website — including the Temporary Preview Website — remain the exclusive intellectual property of EchoByte.

6.7.2 Before the setup fee has been paid in full, the Client receives no licence to copy, reproduce, recreate, distribute, imitate, reuse, or have any other developer complete any part of the website or Temporary Preview Website.

6.7.3 Upon payment of the setup fee in full, 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