These Terms & Conditions define the scope, limitations, and responsibilities governing all services provided by Sugarbird Digital Marketing.
Services are provided strictly in accordance with the specific scope agreed in writing and are subject to third-party platforms, tools, and providers outside the control of Sugarbird Digital Marketing.
Sugarbird Digital Marketing does not provide IT support, device support, cybersecurity services, or guaranteed outcomes unless explicitly agreed to in writing.
By engaging Sugarbird Digital Marketing, the client acknowledges and accepts these Terms & Conditions in full.
Acceptance of these Terms and Conditions does not require a physical or electronic signature.
By accepting a quote, proposal, or invoice, making payment, or instructing Sugarbird Digital Marketing to proceed with any service, the Client confirms that they have read, understood, and agreed to these Terms and Conditions in full.
Use of Sugarbird Digital Marketing’s services constitutes full acceptance of these Terms and Conditions, including all annexures, policies, and exclusions referenced herein.
The Client acknowledges that failure to read these Terms and Conditions does not exempt them from compliance.
These Terms & Conditions govern all services provided by Sugarbird Digital Marketing (“the Service Provider”) to the client.
By engaging Sugarbird Digital Marketing, the client confirms that they have read, understood, and agreed to these Terms & Conditions as published on the Sugarbird Digital Marketing website.
Sugarbird Digital Marketing provides digital marketing, website development, and related professional services strictly limited to the scope agreed in writing via quote, proposal, or service agreement.
Any service not explicitly stated in writing is excluded.
Unless expressly agreed in writing, Sugarbird Digital Marketing does not provide:
IT support or helpdesk services
Device, network, or infrastructure support
Email administration or ongoing troubleshooting
Cybersecurity, penetration testing, or forensic services
Legal, compliance, or regulatory advice
All services are provided on a best-effort basis in line with industry standards.
No guarantees are made regarding outcomes, performance, rankings, revenue, security, uptime, or business results.
The client is responsible for:
Providing accurate information, access, and approvals
Maintaining their own devices, systems, passwords, and security
Compliance with applicable laws, regulations, and platform policies
Content accuracy, ownership, and legality
Sugarbird Digital Marketing is not responsible for issues arising from client actions, omissions, or third-party interference.
Many services rely on third-party platforms (including but not limited to hosting providers, email providers, Google, Meta, plugins, and software tools).
Sugarbird Digital Marketing has no control over these platforms and accepts no liability for:
Downtime or outages
Policy changes or pricing changes
Account suspensions or restrictions
Data loss or reporting discrepancies
To the fullest extent permitted by law, Sugarbird Digital Marketing shall not be liable for:
Loss of data, emails, or access
Loss of revenue, profits, or business opportunities
Business interruption or reputational damage
Security breaches, hacking, or unauthorised access
Indirect, incidental, or consequential damages
All services are provided “as is” and “as available.”
The client agrees to indemnify and hold Sugarbird Digital Marketing harmless against any claims, losses, damages, costs, or legal actions arising from:
Client content or instructions
Security breaches or hacking incidents
Third-party platform issues
Client misuse or misconfiguration of systems
These Terms & Conditions are governed by the laws of the Republic of South Africa.
Any disputes shall be subject to the jurisdiction of South African courts.
Acceptance of these Terms and Conditions does not require a physical or electronic signature.
By accepting a quote, proposal, or invoice, making payment, or instructing Sugarbird Digital Marketing to proceed with any service, the Client confirms that they have read, understood, and agreed to these Terms and Conditions in full.
Use of Sugarbird Digital Marketing’s services constitutes full acceptance of these Terms and Conditions, including all annexures, policies, and exclusions referenced herein.
The Client acknowledges that failure to read these Terms and Conditions does not exempt them from compliance.
All web development projects require a 50% deposit prior to commencement of any work. No development, design, planning, or setup will begin until the deposit has been received in full.
The deposit covers project planning, consultation, technical setup, design preparation, configuration, and reserved development time.
Once any web development work has commenced, the deposit is strictly non-refundable, regardless of project stage, delays, scope changes, or client availability.
If a web development project is cancelled before any work has commenced, Sugarbird Digital Marketing may, at its sole discretion, refund up to 70% of the deposit, less a 30% administration and booking fee.
No refund is guaranteed, and no refund will be issued once work has commenced.
If the client fails to provide required content, feedback, approvals, access credentials, or information within a reasonable timeframe, the project may be paused or deemed abandoned.
In such cases:
Websites require active hosting and a registered domain to function.
Hosting and domain services are not included in web development fees unless explicitly stated in writing. Clients are responsible for purchasing, renewing, and maintaining their hosting and domain services at all times.
Sugarbird Digital Marketing does not fund, prepay, or carry hosting or domain costs on behalf of clients.
A deposit is required to secure project allocation and initiate setup. A project is considered commenced once payment is received.
Commencement includes administrative processing, consultation, documentation preparation, project planning, communication, internal setup, and allocation of resources (including external contractors), whether or not website development has started.
For this reason, 30% of all deposits are non-refundable once payment is made, regardless of project cancellation or change of scope.
The remaining balance may be refundable at the discretion of Sugarbird Digital Marketing, depending on work completed.
Deposits cover administrative time, opportunity cost, and project preparation and are not held as retainers.
Websites may require paid plugins, themes, extensions, or third-party software to achieve the required functionality.
All paid plugins, themes, licences, and third-party software are the client’s responsibility, unless explicitly included in a written quotation.
Sugarbird Digital Marketing will not install, configure, or maintain software for which valid licences or subscriptions have not been paid.
Sugarbird Digital Marketing does not provide logo design, brand development, illustration, photography, or the sourcing of stock images as part of web development services, unless explicitly quoted for in writing.
Clients are responsible for supplying:
Sugarbird Digital Marketing is not responsible for:
If hosting, domain, plugin, or third-party fees lapse, expire, or are unpaid, website functionality may be limited or suspended. Sugarbird Digital Marketing accepts no liability for downtime, loss of data, or loss of functionality arising from such events.
By paying any web development deposit or invoice, the client confirms acceptance of these Terms & Conditions in full. Payment of a deposit constitutes acceptance of these Terms & Conditions.
Acceptance of these Terms and Conditions does not require a physical or electronic signature.
By accepting a quote, proposal, or invoice, making payment, or instructing Sugarbird Digital Marketing to proceed with any service, the Client confirms that they have read, understood, and agreed to these Terms and Conditions in full.
Use of Sugarbird Digital Marketing’s services constitutes full acceptance of these Terms and Conditions, including all annexures, policies, and exclusions referenced herein.
The Client acknowledges that failure to read these Terms and Conditions does not exempt them from compliance.
Sugarbird Digital Marketing may assist with arranging website hosting, email hosting, or related infrastructure as a convenience service only.
All hosting services, servers, and infrastructure remain the responsibility of the hosting provider and/or the client, even where payment is facilitated by Sugarbird Digital Marketing.
Sugarbird Digital Marketing is not the hosting provider unless explicitly stated in writing.
Where hosting is invoiced via Sugarbird Digital Marketing:
Hosting fees are charged in advance
Renewals are subject to timely payment by the client
Failure to pay may result in suspension, downtime, or data loss
Sugarbird Digital Marketing accepts no responsibility for consequences arising from late or missed payments.
Hosting services are provided via third-party providers.
Sugarbird Digital Marketing has no control over:
Server uptime or outages
Hardware failures
Security breaches
Backup reliability
Email delivery issues
Provider policy or pricing changes
Any support provided in relation to hosting issues is best-effort only and subject to the hosting provider’s response times and policies.
While hosting providers may offer backups or security features, Sugarbird Digital Marketing:
Does not guarantee backup availability or restore success
Is not responsible for data loss, hacking, malware, or corruption
Strongly recommends that clients maintain independent backups
Hosting-related issues, including server errors, email failures, or performance issues, fall outside standard website development or marketing services.
Time spent liaising with hosting providers, restoring backups, or troubleshooting infrastructure issues may be billed separately unless included in a support agreement.
Sugarbird Digital Marketing shall not be held liable for:
Website downtime
Loss of data or emails
Business interruption
Financial loss resulting from hosting-related failures
Acceptance of these Terms and Conditions does not require a physical or electronic signature.
By accepting a quote, proposal, or invoice, making payment, or instructing Sugarbird Digital Marketing to proceed with any service, the Client confirms that they have read, understood, and agreed to these Terms and Conditions in full.
Use of Sugarbird Digital Marketing’s services constitutes full acceptance of these Terms and Conditions, including all annexures, policies, and exclusions referenced herein.
The Client acknowledges that failure to read these Terms and Conditions does not exempt them from compliance.
Sugarbird Digital Marketing does not provide IT support, device support, or ongoing email troubleshooting unless explicitly contracted in writing.
Where email setup is included in a service agreement, it is limited to one initial configuration on a single device or platform as specified in the approved scope.
Sugarbird Digital Marketing is not responsible for:
Outlook configuration beyond the initial setup
Mobile phone or tablet email setup
Reconfiguration after password changes, device changes, or software updates
Email delivery issues, syncing errors, or user-specific settings
The client is solely responsible for:
Computers, laptops, mobile phones, tablets, and operating systems
Software updates, security patches, antivirus, and backups
Password management and recovery
Issues arising from device changes, operating system updates, third-party software, or user actions fall outside the scope of Sugarbird Digital Marketing’s services.
Any email troubleshooting, Outlook configuration, mobile device setup, or third-party software support not explicitly included in the agreement:
Is out of scope
Must be handled by a qualified IT support provider
Acceptance of these Terms and Conditions does not require a physical or electronic signature.
By accepting a quote, proposal, or invoice, making payment, or instructing Sugarbird Digital Marketing to proceed with any service, the Client confirms that they have read, understood, and agreed to these Terms and Conditions in full.
Use of Sugarbird Digital Marketing’s services constitutes full acceptance of these Terms and Conditions, including all annexures, policies, and exclusions referenced herein.
The Client acknowledges that failure to read these Terms and Conditions does not exempt them from compliance.
Search Engine Optimisation (SEO) services are provided as an ongoing strategy aimed at improving website visibility, structure, and relevance in search engines over time.
Sugarbird Digital Marketing does not guarantee:
Specific rankings
First-page placement
A fixed number of leads or sales
Immediate results
Search engine algorithms are controlled by third parties (e.g. Google) and are outside the control of Sugarbird Digital Marketing.
SEO services may include, but are not limited to:
Keyword research and optimisation
On-page optimisation (metadata, headings, content structure)
Technical SEO recommendations
Content guidance or optimisation
Internal linking improvements
Google Business Profile optimisation (if applicable)
Performance tracking and reporting
Only services explicitly listed in the agreed package or quote are included.
The client acknowledges that SEO success depends on multiple factors and agrees to:
Provide timely access to website, hosting, analytics, and platforms
Approve or supply content when required
Implement recommended changes where client approval or third-party access is needed
Delays in approvals, access, or content may impact performance timelines.
Sugarbird Digital Marketing is not responsible for SEO limitations caused by:
Poor website structure or outdated platforms
Hosting limitations or server performance
Third-party themes, plugins, or software
Changes made by the client or other service providers
Any major website rebuilds, migrations, or structural fixes required for SEO may be quoted separately.
SEO is a long-term strategy. Meaningful improvements typically take 3–6 months or longer, depending on competition, industry, and website condition.
Short-term fluctuations are normal and do not constitute non-performance.
SEO reports reflect performance data available at the time of reporting and are provided for informational purposes only.
Data accuracy depends on third-party tools and platforms such as Google Analytics and Google Search Console.
Acceptance of these Terms and Conditions does not require a physical or electronic signature.
By accepting a quote, proposal, or invoice, making payment, or instructing Sugarbird Digital Marketing to proceed with any service, the Client confirms that they have read, understood, and agreed to these Terms and Conditions in full.
Use of Sugarbird Digital Marketing’s services constitutes full acceptance of these Terms and Conditions, including all annexures, policies, and exclusions referenced herein.
The Client acknowledges that failure to read these Terms and Conditions does not exempt them from compliance.
Sugarbird Digital Marketing provides Google Ads and paid media management services as a strategy and optimisation service, not a guarantee of results.
Ad creative design is limited to text-based ads unless visual creative is explicitly included in the agreed scope.
Sugarbird Digital Marketing does not guarantee:
A specific return on ad spend (ROAS)
A fixed number of leads, enquiries, or sales
Conversion rates
Immediate results
Advertising performance depends on multiple factors outside the control of Sugarbird Digital Marketing, including budget, competition, market demand, seasonality, and the client’s website or offer.
Advertising spend is paid directly by the client to the advertising platform (e.g. Google) and is separate from Sugarbird Digital Marketing’s management fees.
Sugarbird Digital Marketing does not control ad platform billing, charges, or pricing structures.
Paid media management may include:
Campaign setup and structuring
Keyword research and targeting
Ad copy creation and testing
Bid strategy adjustments
Conversion tracking setup (where access allows)
Ongoing optimisation and monitoring
Performance reporting
Only services explicitly listed in the agreed quote or package are included.
The client agrees to:
Provide timely access to Google Ads, Analytics, Tag Manager, and website platforms
Ensure their website, landing pages, forms, and contact methods are functional
Approve ad copy, budgets, and changes when required
Broken forms or tracking
Slow, unclear, or non-converting websites
Weak offers, pricing, or sales processes
Inaccurate or delayed client feedback
Client changes made without consultation
Conversion tracking relies on third-party tools and platforms.
Sugarbird Digital Marketing cannot guarantee data accuracy due to platform limitations, browser restrictions, cookie consent requirements, or client website configurations.
Reported data is provided for analysis and optimisation purposes only.
Low budgets, highly competitive industries, or short campaign durations may limit performance.
Performance fluctuations are normal and do not constitute non-performance or breach of agreement.
Advertising platforms enforce their own policies. Sugarbird Digital Marketing is not responsible for:
Ad disapprovals
Account suspensions
Policy changes
Restricted industries or keywords
Acceptance of these Terms and Conditions does not require a physical or electronic signature.
By accepting a quote, proposal, or invoice, making payment, or instructing Sugarbird Digital Marketing to proceed with any service, the Client confirms that they have read, understood, and agreed to these Terms and Conditions in full.
Use of Sugarbird Digital Marketing’s services constitutes full acceptance of these Terms and Conditions, including all annexures, policies, and exclusions referenced herein.
The Client acknowledges that failure to read these Terms and Conditions does not exempt them from compliance.
Retainers are structured around defined deliverables and do not include ad-hoc community posting, messaging, or group engagement unless explicitly stated.
Monthly retainers are provided for ongoing support, optimisation, and strategic work as outlined in the agreed package.
A retainer does not provide unlimited services, guaranteed outcomes, or on-demand availability.
Retainer services may include:
Ongoing optimisation of agreed services (e.g. SEO, Google Ads, website support)
Performance monitoring and recommendations
Minor updates or adjustments related to the agreed scope
Scheduled reporting and review
Only services explicitly included in the retainer agreement or quote are covered.
Retainers are based on a fair use policy aligned with the agreed monthly scope.
Requests that exceed the agreed scope, volume, or complexity may be:
Deferred to a future month, or
Quoted separately at Sugarbird Digital Marketing’s standard hourly rate
Turnaround times are not immediate and depend on workload, complexity, and client responsiveness.
Urgent or priority requests may incur additional fees and must be agreed to in writing.
Clients are expected to communicate professionally and reasonably. Sugarbird Digital Marketing may limit, defer, or suspend communication where a client engages in excessive, repetitive, abusive, aggressive, or unreasonable messaging, including outside standard business hours. Time spent managing excessive or non-productive communication may be billed at the standard hourly rate if outside agreed scope. Continued disruptive conduct may result in termination of services in accordance with the Deposit & Cancellation Policy.
To ensure effective delivery, the client agrees to:
Provide timely approvals, feedback, and access
Consolidate requests where possible
Avoid piecemeal or ad-hoc changes outside agreed review cycles
Delays in feedback or approvals may affect delivery timelines.
Support is provided during standard business hours unless otherwise agreed in writing.
Sugarbird Digital Marketing does not provide 24/7 availability or emergency support unless contracted separately.
Unused retainer time does not roll over to future months unless agreed in writing.
Sugarbird Digital Marketing provides services strictly within the scope defined in the agreed quote, proposal, or retainer.
Requests that fall outside the agreed scope are considered out-of-scope work and are not included unless explicitly agreed to in writing.
Out-of-scope requests include, but are not limited to:
Posting, moderating, or engaging in community Facebook groups
Posting or managing content in local WhatsApp groups
Admin or access requests for third-party platforms not included in the agreement
Once-off tasks unrelated to the agreed strategy
Additional platforms, locations, or audiences not specified in the scope
Tasks requested on an ad-hoc or urgent basis outside scheduled work
Sugarbird Digital Marketing reserves the right to:
Decline out-of-scope requests, or
Quote separately for additional work, or
Propose a revised retainer where ongoing additional services are requested
No additional work will commence without written approval.
Acceptance of these Terms and Conditions does not require a physical or electronic signature.
By accepting a quote, proposal, or invoice, making payment, or instructing Sugarbird Digital Marketing to proceed with any service, the Client confirms that they have read, understood, and agreed to these Terms and Conditions in full.
Use of Sugarbird Digital Marketing’s services constitutes full acceptance of these Terms and Conditions, including all annexures, policies, and exclusions referenced herein.
The Client acknowledges that failure to read these Terms and Conditions does not exempt them from compliance.
Reports are provided to give visibility into activity, trends, and performance metrics based on available data at the time of reporting.
All reports are provided for informational and strategic purposes only.
They do not constitute guarantees of performance, revenue, lead volume, or business growth.
Reporting data is sourced from third-party platforms such as Google Analytics, Google Ads, Google Search Console, and other tools.
Sugarbird Digital Marketing does not control these platforms and cannot guarantee:
Data accuracy
Data completeness
Consistency across platforms
Differences between platforms, attribution models, or reporting delays are normal.
Metrics such as impressions, clicks, traffic, conversions, and rankings should be interpreted as indicators, not absolute outcomes.
Short-term fluctuations are expected and do not indicate failure or under-performance.
It is the client’s responsibility to:
Review reports within a reasonable time
Raise questions or concerns promptly
Attend review discussions if scheduled
Lack of response or feedback will be taken as acceptance of the reported period.
Sugarbird Digital Marketing is not responsible for performance changes caused by:
Market conditions
Seasonality
Competitor activity
Platform algorithm updates
Economic or industry shifts
Client pricing, sales process, or fulfilment capacity
Past performance does not guarantee future results.
Changes made to strategy may take time to reflect in reporting.
Acceptance of these Terms and Conditions does not require a physical or electronic signature.
By accepting a quote, proposal, or invoice, making payment, or instructing Sugarbird Digital Marketing to proceed with any service, the Client confirms that they have read, understood, and agreed to these Terms and Conditions in full.
Use of Sugarbird Digital Marketing’s services constitutes full acceptance of these Terms and Conditions, including all annexures, policies, and exclusions referenced herein.
The Client acknowledges that failure to read these Terms and Conditions does not exempt them from compliance.
Many businesses experience reduced activity during year-end holiday periods.
Monthly retainers and ongoing service agreements remain payable during December and other seasonal closure periods unless otherwise agreed in writing.
Temporary business closure, reduced trading hours, or internal shutdowns do not constitute grounds for cancellation without notice.
Any request to pause, reduce, or cancel services during November or December must be provided in writing no later than 30 days prior and may be subject to a minimum commitment period.
Sugarbird Digital Marketing reserves the right to require:
A minimum notice period, and/or
Continued retainer payment during seasonal closures to secure ongoing availability and resource allocation.
Services paused due to seasonal closures do not guarantee priority resumption unless otherwise agreed.
Either party may terminate services by providing written notice.
Upon termination:
All outstanding invoices become immediately payable
Any work completed up to the termination date remains billable
Sugarbird Digital Marketing is under no obligation to continue services
If a project or service is delayed due to the client’s failure to:
Provide required content, access, or approvals
Respond within a reasonable timeframe
Maintain hosting, domain, or platform access
Sugarbird Digital Marketing reserves the right to:
Pause work until requirements are met
Reschedule work based on availability
Apply additional fees if the project is resumed after a prolonged delay
If a project remains inactive for 30 days or more due to client inaction, it may be considered dormant.
Dormant projects may require:
A restart fee, or
A revised quote based on current scope and availability
Sugarbird Digital Marketing is not liable for delays caused by:
Client inaction or indecision
Third-party service providers
Platform outages or changes
All clauses relating to payment, ownership, liability, and limitations of responsibility survive termination.
Acceptance of these Terms and Conditions does not require a physical or electronic signature.
By accepting a quote, proposal, or invoice, making payment, or instructing Sugarbird Digital Marketing to proceed with any service, the Client confirms that they have read, understood, and agreed to these Terms and Conditions in full.
Use of Sugarbird Digital Marketing’s services constitutes full acceptance of these Terms and Conditions, including all annexures, policies, and exclusions referenced herein.
The Client acknowledges that failure to read these Terms and Conditions does not exempt them from compliance.
Sugarbird Digital Marketing provides digital marketing and website-related services only and does not provide cybersecurity, IT security, penetration testing, forensic investigation, or guaranteed security services unless explicitly agreed to in writing.
Sugarbird Digital Marketing makes no guarantees that any website, email account, hosting environment, server, or digital platform will be secure or free from:
Hacking
Malware
Phishing
Ransomware
Data breaches
Unauthorised access
Cybersecurity threats evolve continuously and are outside the control of Sugarbird Digital Marketing.
The client is solely responsible for:
Password creation, storage, and management
Access control for employees, contractors, and third parties
Device security, antivirus, and firewall protection
Compliance with internal security policies
Sugarbird Digital Marketing is not responsible for breaches resulting from:
Weak, shared, reused, or compromised passwords
Phishing or social engineering attacks
Infected or unsecured client devices
Third-party plugins, software, or hosting vulnerabilities
Actions of staff, contractors, or external service providers
To the fullest extent permitted by law, Sugarbird Digital Marketing shall not be liable for:
Loss of data or emails
Loss of revenue or profits
Business interruption
Reputational damage
Legal claims or regulatory penalties
Costs associated with investigation, recovery, or remediation
The client agrees to indemnify and hold Sugarbird Digital Marketing harmless against any claims, damages, losses, or legal actions arising from:
Hacking incidents
Data breaches
Unauthorised access
Email or website compromise
Any investigation, cleanup, restoration, or liaison with hosting providers or authorities:
Falls outside standard services
Is not included in any retainer
Will be quoted separately if requested