Terms and Conditions - EchoEra Digital Works
Please review our terms and conditions. If you have any questions, feel free to contact us at [email protected].
Scope of Work
The scope of work outlines the services EchoEra Digital Works will provide for a project. We strive to be thorough when detailing this scope. If you have expectations that are not explicitly included, do not assume they are part of the agreement. If in doubt, please ask for clarification.
Any services not listed in the scope are excluded. Should additional services be required, we will issue a new estimate reflecting the change.
Example of Simple Scope: EchoEra Digital Works will create a 6-page brochure website with an image gallery and a detailed contact form.
Example of Detailed Scope: EchoEra Digital Works will create a 6-page brochure website, including:
- A homepage with a slider and image gallery.
- A multi-step form with conditional formatting.
- Two custom post types for News and Services, each with a dedicated listing page.
Project Completion
A project is considered complete once one of the following criteria is met:
- The structure is finalized, regardless of whether content has been provided.
- All agreed-upon configurations, including themes, plugins, or custom development, have been implemented.
- The code functions as specified and achieves the outlined objectives.
- The requested service has been fully rendered.
Deadlines
While we strive to meet deadlines, due to external factors, deadlines cannot always be guaranteed. Delays can occur due to:
- Waiting for required information from the client.
- Delayed responses to inquiries.
- Dependencies on third parties.
For basic web projects, when all necessary elements are provided promptly, completion is typically within 10 business days.
Monthly Services and Payment Terms
For ongoing monthly services, payment is required at the start of each billing cycle. Once secured, the service is nonrefundable after 48 hours, as outlined in our refund policy. No refunds will be issued beyond this timeframe, and services will continue through the remainder of the billing cycle.
Deposits and Development Work
For development projects, a deposit is required to begin work. All deposits are nonrefundable after 48 hours of payment, following our refund policy. If a cancellation is requested within 48 hours, a refund may be issued, minus a $25 administrative fee. After 48 hours, the deposit will be retained, and any additional costs will be managed according to the terms of the project.
Refund Policy for All Services
For any service, refunds may only be requested within 48 hours of payment. If cancellation is requested within this 48-hour period, the client will be eligible for a refund minus a $25 administrative fee. After the 48-hour window has passed, no refunds will be issued. This policy applies to all services, including monthly services, deposits for development, and any other prepaid fees.
Third-Party Services
EchoEra Digital Works often secures third-party services on behalf of clients, such as hosting, plugins, themes, or software licenses. Once these services are purchased, they are nonrefundable, whether billed monthly or annually. This applies even if the service is no longer needed during the prepaid period. Clients are responsible for covering the full cost of any third-party service once it is secured.
Pro Bono and Complimentary Services
At times, we may offer services on a Pro Bono basis. As a client, you remain responsible for any external costs outside of the provided services. Please note that Pro Bono projects do not take precedence over paid work. Should you require priority service, we can provide an estimate for prioritization.
Payment Obligations
- Payment for third-party services managed by EchoEra Digital Works must be made on or before the due date. Failure to do so will result in service cancellation.
- Payment for marketing campaigns, ad buys, themes, plugins, or additional services is required before the service or campaign begins.
- A deposit is required before the start of any project, and milestone payments must be made to advance the project. Milestones will be outlined in the project estimate or quote.
- Final payment is required for the project to go live.
- All print services must be paid for in full at the time of the order.
Account Payment and Suspension
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Timely Payment Requirement
To maintain uninterrupted access to your selected services, monthly payments are due as outlined in your service agreement. Should a payment be missed, an initial 14-day grace period is provided to allow time for resolution without service interruption.
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Reminder and Suspension Notice
- Following the 14-day grace period, if the outstanding balance remains unpaid, a reminder will be issued, informing you of a potential suspension in three days if payment is not made.
- If payment is not received within these three days, your account will be suspended. During suspension, services will be inaccessible until the outstanding balance is paid in full. Reinstatement of services can only occur during this suspension phase.
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Termination Notice
If the account remains unpaid one month after the suspension notice, a termination notice will be sent, stating that your account will be terminated in three days. Termination will result in the permanent closure of your account, with the loss of all associated services and assets. Once terminated, the account and its assets cannot be restored, and reinstatement is not possible.
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Account Reinstatement
Reinstatement can only occur during the suspension phase and requires full payment of the outstanding balance. No reinstatement options are available after termination.
We value your partnership and are committed to working with you to ensure continuous service. If you experience any challenges with payments, please contact us to discuss available support options.
Legal and Payment Disputes
If a client disputes charges, ceases payment, or fails to meet financial obligations, EchoEra Digital Works reserves the right to pursue legal action. Should the court rule in our favor, the client will be responsible for all associated legal fees, court costs, and filing fees.
In the event of legal action due to non-payment or a disputed charge, the client will also be liable for attorney's fees and other related expenses if EchoEra Digital Works prevails.
Collaboration with Third Parties
We frequently collaborate with other providers. Delays and issues can arise when third parties do not provide the necessary resources or information in a timely manner. Should such delays affect project completion, additional charges may be incurred. Our goal is to avoid these issues and complete your project as agreed.
Termination of Contract
EchoEra Digital Works reserves the right to terminate a project for the following reasons:
- Failure to provide necessary information or content.
- Involvement in or request for illegal, offensive, or unethical behavior.
- Non-payment for services or failure to meet deposit and milestone requirements.
- Refusal to secure proper hosting, plugins, or services necessary for project completion.
If the contract is terminated, the client will receive written notification, including the reason for termination. EchoEra Digital Works will provide a list of deliverables, and payments will be managed according to the terms outlined under the refund and payment sections.
Responsibilities
EchoEra Digital Works: We are committed to delivering professional and ethical solutions, representing your brand with respect and professionalism.
Client: The client is responsible for compliance with regulations such as PCI, HIPAA, and GDPR. EchoEra Digital Works will make good faith efforts to ensure compliance but assumes no responsibility for ongoing adherence to these regulations.
Additionally, clients are responsible for any third-party fees, including:
- Mailchimp Fees
- Google AdWords Fees
- Payment Gateway Fees
- Stock Images
- Plugins & Theme Fees
- Facebook Ad Fees
- Other Digital Marketing Costs
These fees will be passed through to the client, and setup, configuration, or management costs may apply.
Legal Disclaimer
We cannot guarantee that the code, plugins, or themes will remain error-free. As technology is regularly updated for security and functionality, issues may arise. EchoEra Digital Works is not liable for damages, including lost profits or savings, due to website issues, even if you have informed us of potential risks.
Printing and Reprint Policy
We offer printing services at wholesale rates through long-standing relationships with printing vendors. Clients pay the exact cost of printing and shipping, plus a service fee ranging from $10 to $150. Print orders must be paid in full at the time of the order.
In the event of a printing error, we will determine if the mistake originated from the printer, EchoEra Digital Works, or the client:
- If the printer is at fault, we will request a reprint or refund on your behalf.
- If the error is caused by us, we will cover the reprint at no cost to you.
- If the error is due to client-provided files, the job is ineligible for a refund or reprint.
Copyright and Ownership
The client must ensure that any materials provided are owned or licensed for use. The client assumes responsibility for any copyright violations.
Upon receipt of final payment, ownership is as follows:
- You own the visual elements and graphics created for the project.
- We will provide you with final project files, but you are responsible for storing them. We are not required to retain backups.
- You own any content you provide, unless otherwise indicated.
- EchoEra Digital Works retains ownership of design concepts, custom code, and other technical elements. We license them to you for use.
We reserve the right to showcase projects in our portfolio and discuss what we’ve learned from them, including case studies for websites, magazines, or other publications.
Website Ownership that was Included with a Service Package
- Website Ownership Requirement
When opting for our website creation service as part of an inclusive service package, full ownership of the website will transfer to you after maintaining active service for a minimum of 12 consecutive months. This ensures your site will be fully yours, with the flexibility to self-manage, host independently, or continue with our support services.
- Early Termination of Services
If services are discontinued before the 12-month minimum:
- You may purchase the website outright, allowing you to host it independently for a fee that will be assessed at the time of termination.
- Alternatively, you can continue hosting and management with us for a period of 12 months at the monthly investment in the contract. At the end of this 12-month term, you will be required to choose an ongoing hosting or web care plan to ensure continued support and maintenance.
- Support and Upgraded Plans
Should additional support be required, higher-tier hosting or web care plans are available. These plans provide enhanced support, maintenance, and additional resources to meet your website's needs and ensure its continued success.
This policy is designed to support your business's needs by ensuring reliable access to hosting, management, and ownership options tailored to your growth.
Privacy and Data Protection
At EchoEra Digital Works, your privacy is our top priority. We are committed to protecting any information you provide through forms, analytics, lead tracking, lead forensics, email verification, and enrichment tools. We will never sell, share, or distribute any information we collect about you or your business to third parties without your explicit consent.
We use a variety of industry-standard tools, both internal and third-party, to enhance our services and improve your experience. These tools include but are not limited to website analytics, CRM platforms, email marketing systems, project management software, and sales optimization tools. We ensure that all data handled through these tools is managed in accordance with applicable privacy laws and best practices.
Cookies and Tracking Technologies
To improve user experience and track website performance, EchoEra Digital Works uses cookies and other tracking technologies. Cookies are small files stored on your device that allow us to recognize your preferences and tailor our content accordingly. These technologies help us analyze traffic, optimize the site, and deliver more relevant information to you.
We may use the following types of cookies:
- Necessary Cookies: Required for website functionality and security.
- Performance Cookies: Track site usage and performance metrics, such as pages visited and traffic sources.
- Functional Cookies: Remember your preferences and enhance your personalized experience.
- Marketing Cookies: Used to track engagement with our services and serve you relevant ads.
You can manage your cookie preferences through your browser settings, including the ability to block or delete cookies. However, please note that disabling certain cookies may impact the functionality of the website.
Your Data and Compliance
All data collected is used solely for the purposes of improving services, tracking performance, optimizing your experience, and enhancing sales efforts in alignment with EchoEra Digital Works’ service delivery. We strictly adhere to global and regional data protection laws, including:
- General Data Protection Regulation (GDPR)
- California Consumer Privacy Act (CCPA)
- Canada's Anti-Spam Legislation (CASL)
Our processes ensure that any personally identifiable information (PII) is handled in full compliance with these regulations. This includes data minimization, secure storage, and your right to access, modify, or delete your data upon request.
Industry-Standard Tools and Security
We utilize a range of third-party tools, all of which are selected for their industry compliance and security features. These include tools for:
- Analytics: Google Analytics, Matomo
- Lead Tracking & Forensics: Lead Forensics, LeadFeeder
- Email Marketing & Verification: Mautic, MailChimp, ActiveCampaign, Klaviyo
- CRM & Project Management: EspoCRM, HubSpot, Asana, Slack
- Enrichment & Automation Tools: Zapier, Make
These tools help us streamline operations while ensuring that your data is used effectively and securely. We perform regular audits to ensure that the tools we use are updated, secure, and compliant with the latest privacy standards.
Security and Confidentiality
Your information remains confidential. We employ rigorous security measures to protect your data from unauthorized access, disclosure, or misuse, including encryption and secure access protocols. Our team is trained to handle your data responsibly, and we maintain strict internal policies to prevent unauthorized sharing or access.
As privacy regulations evolve, we continually update our data protection practices to stay compliant with the latest standards, ensuring your data and trust are always safeguarded
Email Marketing and Anti-Spam Policy
At EchoEra Digital Works, we are committed to conducting ethical and compliant email marketing in line with the CAN-SPAM Act, GDPR, CASL (Canada’s Anti-Spam Legislation), and other applicable email marketing regulations. We take the privacy and preferences of our clients and their contacts seriously, ensuring that all our email practices are transparent, respectful, and compliant.
No Purchased Email Lists
We do not purchase, rent, or trade email lists. All of our email marketing efforts are based on opt-in consent, meaning individuals or businesses must willingly provide their contact information and consent to receive communications from us or our clients.
No Spam Policy
We do not engage in spamming practices. Every email we send follows best practices for ethical marketing, including clear sender identification, relevant content, and straightforward opt-out/unsubscribe options. We ensure that all our emails include:
- A clear subject line that accurately reflects the content.
- Identification of EchoEra Digital Works as the sender.
- A valid physical address.
- An easy and visible way for recipients to unsubscribe or manage their preferences.
Cold Emails for Sales
EchoEra Digital Works may send cold emails as part of our sales outreach. These emails are carefully crafted to align with both the CAN-SPAM Act and GDPR regulations, ensuring that all communications are respectful, relevant, and non-intrusive. We ensure that:
- The content is relevant to the recipient's business or industry.
- Each email provides clear identification of EchoEra Digital Works and our purpose.
- Recipients can easily opt out of future emails through a clear unsubscribe option. Cold emails are used to introduce potential clients to our services in a professional manner, and all follow-ups are spaced appropriately to respect recipients' inboxes.
Compliance with CAN-SPAM and Other Email Regulations
We fully comply with the requirements of the CAN-SPAM Act, including:
- Not using misleading or deceptive subject lines or headers.
- Clearly identifying our messages as advertisements, where applicable.
- Including an unsubscribe mechanism in every email, which we honor promptly, usually within 10 business days.
- Monitoring third-party email services to ensure compliance with our anti-spam standards.
In addition to the CAN-SPAM Act, we adhere to global email marketing regulations such as GDPR, CASL, and other region-specific laws. This includes ensuring that individuals have granted clear, informed consent to receive marketing communications, and that they can easily withdraw this consent at any time.
Personalized Emails with Templated Content and AI Assistance
While we do not send unsolicited marketing emails, we may send personalized emails that use templated content or AI assistance to enhance communication. These emails are often tailored to better address specific needs or inquiries and to ensure that our responses are clear, efficient, and relevant. This approach allows us to provide a more consistent and thoughtful experience, while maintaining compliance with email regulations.
Email Marketing Best Practices
We take care to provide high-quality, relevant content in every email, ensuring that our email marketing efforts are well-targeted and offer value to recipients. Our goal is to foster trust and build lasting relationships through respectful and compliant email communications.
If you have any questions about our email marketing policies or need to unsubscribe, you can contact us directly at [email protected].