Service Agreements

Acceptance of Terms

Acceptance does not require a physical or electronic signature. By accepting a quote, proposal or invoice, making payment, or instructing Sugarbird Digital Marketing to proceed, the Client confirms acceptance of these Terms & Conditions, including all applicable exclusions and policies.

Scope of Services

Sugarbird Digital Marketing provides digital marketing, website development and related professional services strictly limited to the scope agreed in writing. Any service not explicitly stated is excluded.

No Assumed Services

• IT support, helpdesk, device, network or infrastructure support
• Email administration or ongoing troubleshooting
• Cybersecurity, penetration testing or forensic investigation
• Social media management, community posting or WhatsApp group engagement
• Poster, flyer, banner, social visual or ongoing creative design
• Legal, compliance, accounting or regulatory advice

Best-Effort Services

Services are provided on a best-effort basis in line with professional industry practices. No guarantees are made regarding rankings, leads, sales, revenue, uptime, security, performance or business outcomes.

Client Responsibilities

• Provide accurate information, access, content, feedback and approvals on time
• Maintain secure passwords, devices, systems and user access
• Ensure supplied content and instructions are lawful and accurate
• Comply with applicable legislation, platform rules and provider policies

Third-Party Platforms

Sugarbird Digital Marketing relies on external providers including hosting companies, registrars, Google, Microsoft, Meta, WordPress plugins, themes and software tools. Sugarbird Digital Marketing has no control over provider outages, policy changes, price changes, suspensions, data loss or service discontinuation.

Limitation of Liability

To the fullest extent permitted by South African law, Sugarbird Digital Marketing is not liable for indirect or consequential loss, loss of data, emails, access, income, profits, business opportunities, reputation, business interruption, hacking or unauthorised access.

Governing Law

These Terms & Conditions are governed by the laws of the Republic of South Africa. Any dispute will be subject to the jurisdiction of the applicable South African courts.

Deposit & Commencement

A 50% deposit is required before any website project begins. No planning, setup, design or development will commence until payment is received. Project commencement includes administration, consultation, planning, documentation, technical setup and allocation of development resources.

Deposit Status

Once work has commenced, the deposit is non-refundable. If cancellation occurs before work commences, Sugarbird Digital Marketing may retain an administration and booking portion of the deposit, with any refund remaining at its discretion based on work and costs already incurred.

Ownership & Handover

The website and all unpaid deliverables remain the property of Sugarbird Digital Marketing until full and final payment is received. Ownership of the completed website files transfers to the Client only after all outstanding invoices have been settled.

Scope & Revisions

Only work listed in the approved quotation is included. Additional pages, functionality, content entry, integrations, alterations or revisions outside the agreed scope will be quoted separately at the current hourly rate. No additional work will begin without written approval.

Client Delays & Dormant Projects

Delays in supplying content, access, feedback or approvals may result in the project being paused and rescheduled. Projects inactive for 30 days may be treated as dormant and may attract a restart fee. Projects abandoned for six months or longer will require a new quotation and deposit.

Hosting, Domains & Licences

Hosting, domain registration, email hosting, premium themes, plugins, licences, stock imagery, fonts and third-party subscriptions are excluded unless expressly included in writing. Renewals remain the Client’s responsibility.

Creative Assets

Logo design, brand development, illustration, photography, stock-image subscriptions, poster design and ongoing graphic design are excluded unless specifically quoted. The Client is responsible for supplying lawful, usable content and visual assets.

Post-Handover Responsibility

After handover, Sugarbird Digital Marketing is not responsible for ongoing maintenance, updates, security, backups, performance, third-party conflicts or changes made by the Client or another service provider unless a separate support agreement is active.

Third-Party Service

Hosting, server infrastructure, domain registration and related services are supplied through third-party providers. Where Sugarbird Digital Marketing invoices or administers these services, it does not become the underlying hosting provider or registrar.

Advance Payment

Hosting and related recurring fees are charged in advance. Failure to pay by the due date may result in suspension, downtime, restricted access, reactivation fees or data loss. Sugarbird Digital Marketing accepts no liability for consequences caused by late or missed payment.

Domains

The Client is responsible for ensuring domain renewal fees are paid before expiry. Expired domains may become unavailable, enter redemption, attract additional charges or be acquired by another party. Sugarbird Digital Marketing does not guarantee recovery of an expired domain.

Uptime, Backups & Failures

Sugarbird Digital Marketing does not guarantee server uptime, backup availability, successful restoration, email delivery, hardware reliability or uninterrupted service. Independent backups are strongly recommended.

Support Boundaries

Hosting fees do not include website maintenance, malware removal, website repair, email troubleshooting, server administration or IT support. Time spent liaising with providers, restoring data or troubleshooting infrastructure may be quoted separately.

Suspension & Reactivation

Sugarbird Digital Marketing may suspend hosting or related services for non-payment. Reinstatement is subject to full payment of outstanding fees, any applicable reactivation charge and the continued availability of the account or data.

Email Accounts

Where included in writing, Sugarbird Digital Marketing may create or provision email accounts and provide the necessary server settings or webmail access details.

Outlook & Device Configuration

Configuration of Microsoft Outlook, Apple Mail, Gmail apps, mobile phones, tablets, laptops, desktop computers or other third-party applications is excluded unless specifically quoted as a separate service.

Reconfiguration

Reconfiguration following password changes, device replacement, operating-system updates, software updates, account removal, user error or application changes is out of scope and must be handled by the Client’s IT provider.

Client Responsibility

• Devices, operating systems, networks and internet connections
• Passwords, recovery details and multi-factor authentication
• Antivirus, security updates, backups and user access
• Mailbox storage, archiving and lawful email use

Delivery & Synchronisation

Sugarbird Digital Marketing does not guarantee email delivery, synchronisation, spam filtering, reputation, forwarding, application compatibility or uninterrupted access. Email behaviour can be affected by third-party providers, device settings, DNS, security filters and recipient systems.

Spam & Abuse

The Client may not use any hosted email service for spam, phishing, unlawful bulk messaging or abusive activity. Provider suspension or blacklisting caused by the Client’s sending behaviour remains the Client’s responsibility.

Ongoing Strategy

SEO is an ongoing strategy intended to improve website visibility, technical quality, relevance and discoverability over time. It is not a once-off guarantee of rankings, leads or revenue.

No Guarantees

• No guaranteed first-page or number-one ranking
• No guaranteed number of leads, enquiries or sales
• No guaranteed timeframe for measurable improvement
• No guarantee that search engines or AI platforms will index, cite or recommend the Client

Included Work

Services may include keyword research, on-page optimisation, metadata, content structure, internal linking, technical recommendations, Google Business Profile optimisation and reporting. Only items expressly included in the agreed package are covered.

Client Dependencies

Performance may be affected by website quality, hosting, competition, market demand, budget, platform changes, content availability, Client approvals and implementation delays.

Timelines & Fluctuations

Meaningful SEO improvement may take three to six months or longer. Rankings and traffic may fluctuate. Temporary or ongoing fluctuations do not constitute non-performance.

Major Repairs

Website rebuilds, migrations, extensive technical repairs, content production and structural changes are excluded unless quoted separately.

Management Service

Sugarbird Digital Marketing provides campaign strategy, setup, monitoring and optimisation. Advertising outcomes are not guaranteed.

Ad Spend

Advertising spend is paid directly by the Client to the advertising platform and is separate from Sugarbird Digital Marketing’s management fees. Platform billing, taxes, exchange rates, holds and charges remain outside Sugarbird Digital Marketing’s control.

No Performance Guarantees

• No guaranteed return on ad spend
• No guaranteed cost per lead or conversion rate
• No guaranteed number of enquiries, calls or sales
• No guarantee of immediate results

Client Website & Sales Process

The Client is responsible for functional landing pages, forms, phone lines, offers, pricing, stock, response times, sales follow-up and fulfilment. Poor performance caused by these factors is not the responsibility of Sugarbird Digital Marketing.

Creative Exclusion

Google Ads management includes text-based ad copy where applicable. Posters, banners, display graphics, social visuals, reels, photography and video production are excluded unless explicitly quoted.

Tracking & Attribution

Tracking relies on third-party platforms, cookies, consent settings, browsers, devices and website configurations. Sugarbird Digital Marketing cannot guarantee complete or identical data across platforms.

Platform Policies

Sugarbird Digital Marketing is not responsible for ad disapprovals, account suspensions, restricted content, policy changes, verification requirements or platform enforcement decisions.

Advance Payment

Recurring invoices are issued in advance and are payable on or before the 1st day of each calendar month. Payment after the due date is late and may result in a R650 late-payment administration fee and immediate suspension of services.

Defined Deliverables

A retainer covers only the services and deliverables listed in the approved agreement. It does not provide unlimited work, on-demand availability or unrestricted task requests.

Scope Creep & Out-of-Scope Work

Requests outside the agreed scope may be declined, quoted separately or used as the basis for a revised retainer. No additional work will begin without written approval.

• Posting or engagement in local Facebook or community groups
• Posting, messaging or administration in WhatsApp groups
• Social media management, scheduling or community moderation
• Poster, flyer, banner, promotional graphic or social visual design
• Reels, video content, photography or ongoing ad creative production
• Additional platforms, branches, audiences, campaigns or locations
• Once-off tasks unrelated to the agreed strategy
• Urgent, ad-hoc or piecemeal requests outside scheduled work

Turnaround & Availability

Turnaround is not immediate and depends on workload, complexity, access and Client responsiveness. Support is provided during normal business hours. Emergency and after-hours support is excluded unless contracted separately.

Unused Time

Unused capacity or time does not roll over to a future month unless explicitly agreed in writing.

Communication

Clients must consolidate requests and communicate professionally. Excessive, repetitive, abusive, aggressive or unreasonable communication may be limited, deferred, billed separately or treated as grounds for termination.

Non-Refundable Fees

Retainer fees are non-refundable once the billing period has commenced or resources have been reserved and work has started.

Purpose of Reports

Reports provide visibility into activity, trends and available performance data. They are informational and strategic tools, not guarantees of revenue, leads, rankings or business growth.

Data Sources

Reporting may use Google Analytics, Google Ads, Search Console, Business Profile, Microsoft Clarity and other third-party systems. Data may be delayed, incomplete, modelled or inconsistent between platforms.

Interpretation

Impressions, clicks, traffic, calls, conversions, rankings and visibility are indicators. Short-term changes and discrepancies do not automatically indicate failure or non-performance.

Client Review

The Client must review reports and raise concerns promptly. Lack of response or feedback within a reasonable period will be treated as acceptance of the reported period.

External Factors

Performance may be affected by market conditions, seasonality, competition, economic changes, algorithms, platform updates, Client pricing, sales processes and fulfilment capacity.

Standard Cancellation

Outside the Year-End Commitment Period, either party may terminate an ongoing service by providing at least 30 days’ written notice. Services and fees remain payable throughout the notice period.

Client Delays

Failure to provide content, access, information, feedback or approvals may result in services being paused or rescheduled. Fees remain payable where capacity has been reserved or ongoing platform management continues.

Outstanding Amounts

Upon termination, all outstanding fees become immediately payable. Sugarbird Digital Marketing is not required to release files, access, migrations or deliverables while any amount remains unpaid.

Data & Access

The Client must retrieve required data, content and access details promptly after termination. Sugarbird Digital Marketing is not required to retain Client files indefinitely after services end.

Immediate Termination

Sugarbird Digital Marketing may suspend or terminate services for non-payment, unlawful instructions, material breach, abusive conduct, security risk or activity that may harm Sugarbird Digital Marketing or a third-party provider.

No Security Guarantee

Sugarbird Digital Marketing does not warrant that websites, email accounts, hosting environments, social accounts or digital platforms will be free from hacking, malware, phishing, ransomware, data breaches, credential theft or unauthorised access.

Client Security Responsibilities

• Use strong, unique passwords and multi-factor authentication
• Control access granted to staff, contractors and third parties
• Maintain secure devices, networks, antivirus and software updates
• Protect recovery email addresses, phone numbers and authentication methods
• Report suspicious access, phishing or credential compromise immediately

Excluded Causes

Sugarbird Digital Marketing is not responsible for incidents caused by weak, shared, reused or compromised passwords; phishing; social engineering; infected devices; third-party software; hosting vulnerabilities; employee actions; external contractors; platform breaches; or Client misconfiguration.

Limitation of Liability

To the fullest extent permitted by law, Sugarbird Digital Marketing is not liable for loss of data or email, downtime, loss of revenue, business interruption, reputational damage, regulatory consequences, legal claims, investigation costs, recovery costs or third-party claims arising from a cyber incident.

Incident Response

Investigation, cleanup, malware removal, restoration, recovery, liaison with providers or authorities, and forensic work are outside standard services. Sugarbird Digital Marketing may decline such work or quote separately if assistance is requested.

No Refund or Service Credit

Retainers, hosting fees and recurring charges are not automatically discounted, refunded or credited for downtime or service degradation caused directly or indirectly by hacking, malware, phishing, platform compromise or other security incidents.