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Terms of Service

These terms govern your use of Echo Digital LLC's services. By engaging our services, you agree to be bound by these terms.

Last updated: January 15, 2025

Contents

  1. 1. Agreement Acceptance
  2. 2. Service Descriptions
  3. 3. Payment Terms
  4. 4. Intellectual Property
  5. 5. Client Responsibilities
  6. 6. Limitation of Liability
  7. 7. Termination
  8. 8. Dispute Resolution
  9. 9. General Provisions

1. Agreement Acceptance

By signing a service agreement, making a payment, or otherwise engaging Echo Digital LLC's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

These terms constitute a legally binding agreement between you ("Client") and Echo Digital LLC ("Company," "I," "me"). If you are entering into this agreement on behalf of a business, you represent that you have the authority to bind that entity to these terms.

Important: If you do not agree to these terms, do not use our services or make any payments. Continued use constitutes acceptance of any updates.

2. Service Descriptions

Echo Digital LLC provides professional web design and related digital services including:

Web Design & Development

  • Custom website design and development
  • Mobile-responsive design
  • Website maintenance and updates
  • Performance and speed optimization

Branding & Design

  • Logo design and brand identity
  • Business card and marketing material design
  • Social media graphics

SEO & Optimization

  • Search engine optimization setup
  • Google Analytics configuration
  • Local business listing optimization

SEO disclaimer: Due to the nature of search engine algorithms, I do not guarantee specific rankings or positions. SEO work is compensated regardless of search engine approval.

3. Payment Terms

Payment Schedule

Payment terms are net 15 days from invoice date unless otherwise specified in your service agreement. Projects may require deposits or milestone payments as outlined in individual agreements.

Late Payments

Late payments incur a fee of 1.5% per month (18% annually) or $25, whichever is greater. Services may be suspended for accounts past due by 10 days or more.

Accepted Payment Methods

  • Credit and debit cards (3% processing fee applies)
  • Bank transfers and ACH payments
  • Check payments (must clear before project begins)

Refund Policy

Refunds are available within 5 business days of initial payment for services not yet started. Once work has begun, no refunds will be issued. Partial refunds may be considered for early termination based on work completed.

Early payment discount: Invoices paid within 10 days receive a 2% discount.

4. Intellectual Property

Website Ownership & License

All website code, designs, and related work product created by Echo Digital LLC remain the intellectual property of Echo Digital LLC. Your payment covers the design, development, and ongoing hosting of your website as a service. You are granted a non-exclusive, non-transferable license to use the website for your business for as long as your account remains in good standing and any applicable hosting or service fees are current.

Service Discontinuation

If your service is terminated for any reason, including non-payment or cancellation, Echo Digital LLC reserves the right to take the website offline and revoke access. No source code, design files, or other work product will be provided to the client.

Client Content

Any content you provide (text, photos, logos you own, etc.) remains your property. You grant Echo Digital LLC a non-exclusive license to use these materials for the purpose of building and maintaining your website. Upon termination, your original content will be returned or deleted upon request.

Portfolio Rights

Echo Digital LLC reserves the right to display completed work in portfolios and marketing materials unless you specifically request otherwise in writing.

Important: You are paying for a managed website service, not purchasing code or design files. Echo Digital LLC retains full ownership of all code and design work. Indemnification: you indemnify Echo Digital LLC against any third-party intellectual property claims arising from content you provide.

5. Client Responsibilities

Content & Materials

You must provide all necessary content, images, text, and materials in a timely manner. Delays in content provision may result in project timeline extensions.

Communication

  • Respond to requests for feedback within 5 business days
  • Provide clear, written approval for project phases
  • Designate a primary point of contact with decision-making authority

Domain & Technical Access

If you already own a domain, you must provide Echo Digital LLC with the necessary access or DNS credentials to point it to your new website. If you do not have a domain, Echo Digital LLC will register one on your behalf at no additional cost (included in your package pricing). Domains registered by Echo Digital LLC are managed under our account; if your service is terminated, domain transfer can be arranged upon request and settlement of any outstanding balance.

Review & Approval

You have 5 business days to review and provide feedback on work presented. Failure to respond within this timeframe constitutes approval. Revision rounds are specified per package; additional changes may incur extra charges.

Timely cooperation is essential. Delays in client response may affect project timelines and delivery dates.

6. Limitation of Liability

Liability Cap

Echo Digital LLC's total liability for any claim shall not exceed the greater of $500 or the total amount paid by you in the six months preceding the claim.

Excluded Damages

Echo Digital LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including:

  • Loss of profits or business opportunities
  • Loss of data or business interruption
  • Cost of substitute services
  • Reputation damage or lost goodwill

Disclaimers

Services are provided "as is" and "as available" without warranties of any kind. I do not warrant that services will be error-free, uninterrupted, or compatible with all systems.

Echo Digital LLC has no control over third-party services (hosting, social media, search engines) and disclaims all liability for their actions or service interruptions.

Note: Some jurisdictions do not allow limitation of implied warranties. In such cases, liability is limited to the maximum extent permitted by law.

7. Termination

Termination for Convenience

Either party may terminate with 30 days written notice. You remain liable for all work completed prior to termination.

Termination for Cause

Either party may terminate immediately upon material breach that remains uncured for 15 days after written notice. Material breaches include non-payment, IP violations, or failure to cooperate.

Effect of Termination

  • All outstanding invoices become immediately due
  • Your website will be taken offline within 7 days of termination
  • All code, designs, and work product remain the property of Echo Digital LLC
  • Your original content (text, photos you provided) will be returned or deleted upon request
  • Confidentiality obligations continue indefinitely

No code transfer: Upon termination, no source code, design files, or hosting credentials will be provided. If you wish to continue with a different provider, you will need to have a new website built independently.

8. Dispute Resolution

Informal Resolution

Before initiating formal proceedings, both parties agree to attempt good faith resolution through direct communication. Disputes should be communicated in writing within 30 days of the triggering event.

Mediation

If informal resolution fails, disputes will be submitted to binding mediation through a mutually agreed mediator. Costs will be shared equally.

Governing Law

These terms are governed by and construed in accordance with the laws of the State of Georgia. Any legal action or proceeding arising under these terms shall be brought exclusively in the state or federal courts located in or serving Pike County, Georgia, and both parties consent to the jurisdiction of such courts.

Limitation Period

Any claim must be brought within one (1) year of the event giving rise to the claim.

Class action waiver: You waive the right to participate in class action lawsuits or class-wide arbitration against Echo Digital LLC.

9. General Provisions

Confidentiality

Both parties agree to maintain confidentiality of non-public information disclosed during the service relationship. This obligation extends for three (3) years following termination.

Force Majeure

Neither party is liable for delays due to circumstances beyond reasonable control, including natural disasters, government actions, internet outages, or pandemics.

Modifications

These terms may be modified through written agreement or through updated terms posted on our website with 30 days advance notice to active clients.

Severability

If any provision is found unenforceable, the remainder stays in full effect.

Entire Agreement

These Terms of Service, together with any signed service agreements, constitute the complete agreement between parties and supersede all prior communications.

Assignment: You may not assign these terms without prior written consent. Echo Digital LLC may assign these terms in connection with a business transfer.

Questions about these terms?

Email (Fastest) contact@echo-digital-llc.com
Phone (470) 329-2084
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Effective January 15, 2025. See also: Privacy Policy