Terms of Service
Document Updated 17th April 2019
This Terms of Service document has been created to help set out the rules and guidelines of our various services.
Any proposals provided by Echo Web Solutions are designed to give an outline of what we aim to achieve from a specific project and helps our customers understand what work we will be delivering.
As timelines can be difficult to precisely predict, any timelines given are a guide only and not a guarantee.
Any references to ‘Echo’ on this website and Terms of Service, is an abbreviation of Echo Web Solutions Ltd (company number 09980127).
We do not offer any form of refunds for any underutilised time, deposits or hosting.
All invoices will be due within 7 days of being raised. Invoices for Digital Marketing services will be issued on the 1st of the month in advance of when the work is being completed and due within 7 days.
Once a website or marketing work is launched into a live environment, an invoice will be raised and ownership will be handed over upon payment receipt. Any work that is not paid for will ultimately be owned by Echo Web Solutions Ltd.
Ultimate ownership of all website design, development and created digital marketing collateral will reside with the client and all such services can be moved away, once all invoices on account are paid in full.
Failure to make payment for any of Echo Web Solutions’ services may result in your website or accounts being suspended until payment has been settled.
For any recurring services, the default payment method will be via Direct Debit. If this is not acceptable, payment must be made upfront before the due date. For any changes or termination of contracts, please bear in mind we need at least 30 days notice for any adjustments.
Unless we have an agreed contract in place, our monthly recurring plans are based on a rolling monthly basis.
We will always consider the following actions an acceptance of the terms discussed relating to the services in question:
- Email response to any correspondence related to the services suggesting that the end-user wishes to proceed
- Any payment made via any method against an Echo Web Solutions invoice which relates to the services listed
- Any verbal agreement giving consent to proceed with any services previously discussed or quoted
Exclusion of Liability
To the maximum extent permitted by law, Echo excludes liability for any loss, damages, claim or any consequential, special, exemplary or punitive damages (whether directly or indirectly incurred) of any kind arising out of or in connection with any visitor’s or user’s access to, or use of the Website, or any material thereon, whether based in contract, tort or whether negligent or otherwise, even if the client has been advised of the possibility of such damage
Website Design & Development
Design & Development
Once a client confirms a website can go live, it is considered that the client is satisfied with the development as it is being launched into a live environment. This action will trigger a final project invoice to be raised. If we are launching to a non-Echo hosting solution, the final project invoice will be raised right before the files are transferred across.
Echo will endeavour to meet all the deadlines set but we cannot be responsible for a missed launch date or a deadline if you have been late in supplying materials or has not approved or signed off any work on-time at any stage. Echo will create designs for the layout and functionality for a clients website. Generally, our website build projects include one main design plus the opportunity for the client to make up to two rounds of revisions within the first 30 days of receiving the final website draft.
The quotation quoted by our team is based on the number of hours that is estimated Echo needs to complete the project. If the client does want to adapt the design once we have signed off the mockup, or add extra pages, templates or add new functionality that is not in-scope then the client will be charged our standard hourly rate.
Hosting & Backups
Server space is quoted and based on the size of your system once your package is set up with Echo. We will regularly review this and let you know if we need to reevaluate the available space and resources to run your website/s efficiently.
We aim for our systems to be as secure as possible, although if unfortunately you do have an intrusion, it is not our obligation to fix and may be subject to ad-hoc fees. We attempt to always hold regular backups for all websites we look after, although we encourage you to take external backups unless you have a maintenance contract active with Echo.
We also cannot guarantee that no problems will be caused by updates to open source or premium software that is added onto your website application. We cannot guarantee the resolution of any issues which may arise from customised or third-party software. We can however under an agreement, provide technical knowledge and expertise to help resolve any such issues with the help of the program developers in question.
We will under no circumstance, be held liable for losses which are incurred as a result of unforeseen issues with your technology. This extends to viruses, malware, excess usage charges or any other direct or indirect cost to your business as a result of misgauge or user error.
Once a website is launched, routine maintenance may be required. This maintenance is not in the scope of our website design/development projects or hosting services unless a separate maintenance plan is taken or otherwise specified.
If a website is completed and installed to an external hosting package (not provided by Echo), our client takes on the responsibility of maintaining all aspects of the site, such as text, images, video and audio files unless you are paying for website management from Echo.
Our Digital Marketing services typically include SEO, PPC, Social Media and any other online marketing related services.
The plans we offer are based on the number of hours our team spends on a specific campaign. We cannot guarantee any exact results from our marketing services.
For any changes or termination of contracts, please bear in mind we need at least 30 days notice for any adjustments.
The below non-exhaustive scenarios are examples that have been illustrated to ensure Echo’s terms are easy to understand, hopefully mitigating possible issues with any relationship Echo may have with one of our clients business.
#1 – I no longer want the website Echo is making for me, can we have the deposit back?
No. The purpose of a deposit is to secure a commitment from a business to working with Echo, so we can allocate the suitable resources to commence the project. If you would like to terminate a project with us, we never return any deposit or milestone payments.
If a project is terminated prior to completion, we may need to calculate how much time and effort has been invested into to project in question, to ensure we are not making a loss.
As an example, we may have a project where we have received a deposit of £1000 for the creation of a new website and also a second milestone payment of £1000 was raised after progress has been shown – then subsequently a customer informs they are no longer interested in a website. All outstanding invoices must be settled and no money will be refunded. We may also calculate any unbilled hours, for example, 5 hours of time spent that was not covered by previous payments. If this is the case, an invoice for this time would be raised and due within 7 days.
Another example could be a customer that has asked Echo to create them a website, although after a few weeks decided this is no longer needed. In this instance, we would retain the deposit and check our time has not exceeded the deposit amount up to the notice of termination. Please also bear in mind that if the requirements change, this will be subject to increased costs which we will discuss with you.
#2 – I would like to cancel or reduce my marketing budget with Echo
We aim and strive to be as flexible as possible to help ensure your business is running efficiently and our work is developing the best results. We do however, need enough time to be able to efficiently adjust our work schedules and campaign plans.
If you are utilising our services based on a rolling monthly basis, you do not have a long-term contract and you would like to reduce the spend of your campaign with Echo or terminate working with us, please note we require at least 30 days notice and be aware we can only complete a full months worth of work. This means if you had for instance, a spend of £600 per month and cancel on the 20th of August, we would need to continue the same budget of £600 for the month of September before any changes can be made. After the 30 days have been met, we will reduce or update the monthly amount for the next month.
For any clients with a long-term contract with Echo, please refer to your specific contract regarding termination or adjustment of your marketing campaign.
#3 – I no longer need my website, do I get a refund on my hosting and/or website management?
If you pay your hosting services annually, we do not offer any refund on any unused should you choose to cancel or transfer hosting. If you cancel your hosting part or mid-way through a term, as we have to provision and pay for sufficient server resources in advance and often in a long-term contract, there will be no refund.
As an example of how our annual hosting works, if a business has paid in June 2019 and then requests termination of the service in November 2019, we will not return any funds for the service they would have received between December 2019 – June 2020.
As an example of how our monthly rolling services works, if you pay us £15 per month for hosting and £180 per month website maintenance and you request to adjust your contract on the 20th of August, we would need to continue to charge the full amount for the whole month of September. After the 30 days have been met, we will reduce or update the monthly amount for the next month.
#4 – I am not ranking where we want to be in search engines such as Google. Why can’t you guarantee results?
As there are different variables that dictate where a certain keyword ranks which can change sporadically, we cannot guarantee any results as a result of our efforts. If for example there is a failure to meet certain targets such as keyword rankings or levels of traffic, you are not entitled to any form of compensation. We do however always strive for the very best results for our clients within the budget available and have a great track record.
We will always provide notice of any changes to our Terms of Service in our invoices 90 days before we implement.
If you are unsure about any of the above, please do get in touch with a member of the team and we’ll be more than happy to talk you through our terms of business.