Terms of Service

01Introduction

These Terms of Service ("Terms") govern the relationship between Sitemarch, a sole proprietorship operated by Calvin Sullivan ("Sitemarch", "we", "us", "our"), and the person or business receiving services from Sitemarch (the "Client", "you", "your").

These Terms apply from the moment you accept a Sitemarch proposal, pay a Sitemarch invoice, or begin any onboarding step with Sitemarch, whichever happens first. By taking any of those actions you confirm that you have read, understood, and agreed to these Terms.

02Definitions

• Agreement: these Terms together with the accepted Sitemarch proposal and any related written variations.
• Services: the design, development, marketing, and management deliverables described in the accepted proposal.
• Setup Fee: the one-time build fee stated in the accepted proposal, covering the initial website build and onboarding.
• Monthly Retainer: the ongoing monthly fee for the selected package (Foundation, Growth, or Dominance) which begins the day the website goes live.
• Launch: the moment Sitemarch publishes the finished website to the Client's live domain with the Client's approval.
• Ad Spend: the money paid by the Client directly to advertising platforms (Google, Meta, or others) for paid campaigns. Ad Spend is not a Sitemarch fee.

03Scope of services

Sitemarch offers three service packages. The exact deliverables for the Client's engagement are set out in the accepted proposal.

• Foundation: custom website (20+ custom pages), Local SEO foundation (service pages, technical schemas, sitemap), one-time citation blast, one-time Google Business Profile optimization, conversion tracking setup, hosting, monthly report, minor website updates (up to 30 min/month), and a quarterly growth review.
• Growth: everything in Foundation, plus ongoing Google Business Profile management (weekly posts, review replies, photos, Q&A), 2 location landing pages built per month, monthly on-page SEO implementation, Search Console monitoring, keyword research + SEO content planning, call tracking with lead source tagging, and a monthly lead review call.
• Dominance: everything in Growth, plus Meta Ads management (Facebook + Instagram), Google Ads management, a 24/7 AI website assistant (answers common questions, captures new enquiries, books appointments where enabled), a lead management system (pipeline, contact database, calendar sync, lead source tracking), and customer follow-up automation (SMS drip, email nurture, missed-call text-back, appointment reminders). Ad Spend is billed separately (see clause 11).

Anything not listed in the accepted proposal is out of scope. Out-of-scope work is handled under clause 9.

Add-ons: organic social media management (Facebook and Instagram) is available as a paid monthly add-on on any tier and is not included in Foundation, Growth, or Dominance by default.

04Client responsibilities

To deliver the Services on time, Sitemarch relies on the Client to:

• Complete the onboarding form promptly after signing.
• Provide required access, including Google Business Profile, domain and DNS control, hosting credentials, brand assets, and any accounts needed to complete the build.
• Respond to Sitemarch requests within a reasonable time. During the build phase, silence of 14 consecutive days without prior notice is treated as a delay caused by the Client and may void the setup-fee refund under clause 7.
• Provide accurate, lawful information about the Client's business, services, licensing, pricing, and claims. Sitemarch is not responsible for verifying the accuracy or legality of Client-supplied content.
• Communicate in good faith and avoid intentional or negligent delay.

05Payment terms

Setup Fee. Invoiced the same business day the Client accepts the proposal. Sitemarch begins the onboarding form the moment payment clears.

Monthly Retainer. Begins the day the site is launched with the Client's approval. Billed on the same date each month by automatic card charge to the payment method on file.

Grace period. Payments unpaid seven (7) days past the due date accrue interest at 1.5% per month (or the maximum rate permitted by law, whichever is lower).

Work suspension. Sitemarch may suspend all Services if any amount remains unpaid for more than thirty (30) days past the due date.

Collections. Amounts unpaid for more than sixty (60) days may be referred to collections or legal recovery. The Client is liable for reasonable collection and legal costs.

Currency. All fees are billed in the currency stated on the proposal. Currency conversion, bank fees, and payment processor fees are the Client's responsibility.

06Satisfaction guarantee and refunds

How the guarantee works. Once the site is ready, Sitemarch hands the Client a staging preview to walk through. The Client controls the review window and may extend it for as long as needed to make a decision. At any point before the site is launched to the Client's live domain, the Client may claim the refund by writing to [email protected].

What the refund covers, and what happens to the site. The full Setup Fee is refunded to the Client. In exchange, the Client does not receive the website. Sitemarch removes any staging deployment, does not launch the site, does not hand over the source code, design files, copy, or any other deliverable produced during the build. All work product created by Sitemarch during the engagement remains the sole property of Sitemarch. The Client walks away having lost time, not money, and Sitemarch keeps the build.

When the guarantee ends. The moment Sitemarch launches the site to the Client's live domain with the Client's approval, the guarantee ends and the Monthly Retainer begins.

Monthly Retainer. The Monthly Retainer is non-refundable once billed, because it pays for services already delivered in that month.

07Void conditions on the guarantee

The satisfaction guarantee is void and no Setup Fee refund is due if the Client:

• Publishes, launches, or otherwise makes the finished site (or a substantial portion of it) live on any domain themselves.
• Uses the site code, brand assets, copy, or design work produced by Sitemarch on any other website, project, or engagement.
• Goes dark for fourteen (14) or more consecutive days during the build, without prior notice, and thereby blocks Sitemarch from progressing the work.
• Refuses to provide access needed to complete the build (Google Business Profile, DNS, hosting, or brand assets) after Sitemarch has requested it in writing.

07bLead guarantee: no leads, no fee next month

No leads, no fee next month. If a full calendar month of Monthly Services brings in no Leads, Sitemarch waives the Monthly Retainer for the following month and keeps working.

Which plans it covers. The lead guarantee applies to Clients on the Growth or Dominance Monthly Services. The Foundation monthly plan (hosting, reporting and minor updates) does not include lead generation work and is not covered.

What counts as a Lead. A genuine inbound phone call, form submission, chat enquiry, or Google Business Profile message from a potential customer asking about the Client's services, recorded through the website, call tracking, or the Google Business Profile. Spam, sales or vendor pitches, job seekers, and existing customers do not count.

When it applies. The guarantee starts with the first full calendar month after the website launches and applies to every month the Client is on Growth or Dominance Monthly Services.

Conditions. The lead guarantee applies only while the Client:

• Keeps Monthly Services active and paid on time, with no pause, chargeback, or payment dispute.
• Keeps the website's forms, phone numbers, and call tracking connected as Sitemarch set them up, and does not make changes to the site that break them.
• Gives Sitemarch access to the Google Business Profile, analytics, and any lead inbox Sitemarch needs to verify Leads.
• Replies to Sitemarch's requests within three (3) business days and approves or comments on content within five (5) business days.

How to claim. Email [email protected] within thirty (30) days after the end of the month with no Leads. Sitemarch checks the month's lead records and confirms the waiver in writing. The waiver covers the Monthly Retainer only. Ad spend, third-party costs, and add-ons are never waived.

08Cancellation of monthly services

Either party may cancel the Monthly Retainer at any time by giving thirty (30) days written notice by email. The Client is billed through the end of the current thirty-day notice period, and Sitemarch continues delivering the monthly Services through that period.

During the notice period, Sitemarch transfers the finished website to the Client as described in clause 13 (source code, full export of the deployed site, and written instructions for moving hosting and domain). After the notice period ends, Sitemarch no longer hosts, maintains, or updates the site.

There are no long-term contracts. There is no early termination fee.

09Scope changes and additional work

Sitemarch delivers exactly what is described in the accepted proposal. Work outside the proposal (new pages, new features, new campaigns, new integrations) is treated as additional work.

Additional work is quoted before it is started. Time-based additional work is billed at $125 per hour unless a fixed price is agreed in writing. Sitemarch does not begin additional work until the Client accepts the quote in writing.

10Revisions

Sitemarch provides unlimited revisions on request before launch. The Client may extend the review window as long as needed, and the site does not launch until the Client signs off. Post-launch revisions and design changes are handled as additional work under clause 9.

11Ad spend (Dominance tier)

For clients on the Dominance package, Sitemarch manages Google Ads and Meta Ads campaigns on the Client's behalf. Ad Spend is billed by Google and Meta directly to the Client's payment method on those platforms.

Sitemarch does not receive, hold, or invoice Ad Spend. Sitemarch charges only the monthly management fee stated in the accepted proposal.

The Client is fully responsible for all Ad Spend charges, regardless of campaign performance, platform decisions, or the status of the engagement with Sitemarch.

12Third-party services and platforms

Sitemarch's Services rely on third-party platforms including Google (Search, Ads, Business Profile), Meta (Facebook, Instagram, Ads), hosting providers, and domain registrars.

Sitemarch is not liable for decisions or actions taken by those platforms, including account suspensions, ad disapprovals, algorithm changes, policy enforcement, price changes, downtime, or feature changes. Sitemarch will work in good faith to resolve platform issues on the Client's behalf where possible.

13Ownership and intellectual property

Client content. Brand assets, logos, photos, testimonials, and business content the Client provides remain the property of the Client.

Before launch. Until the website is launched to the Client's live domain with the Client's approval, all work product created by Sitemarch (source code, design files, staging deployment, and copy produced for the Client) remains the sole property of Sitemarch. If the Client claims the Setup Fee refund under clause 6, they have no ownership, license, or right to any of that work product.

At launch. When the website is launched with the Client's approval and the Setup Fee has been paid in full, ownership of the finished website (source code, deployed site, and Client-facing copy produced for the Client) vests in the Client. That ownership right is subject to Sitemarch's continuing custody and operational control while the Monthly Retainer is active, as set out in the next paragraph, and full possession transfers only on cancellation under clause 8.

Possession during active engagement. While the Client is on an active Monthly Retainer, Sitemarch retains possession of the deliverables. Sitemarch hosts the live site, holds the source code, and manages deployment, updates, and infrastructure as part of the Monthly Retainer. The Client does not receive the source code, hosting credentials, or deployment access during active engagement.

Handover on cancellation. If the Client cancels the Monthly Retainer under clause 8, Sitemarch transfers the finished website to the Client during the 30-day notice period. Handover includes the source code, a full export of the deployed site, and written instructions for moving hosting and domain to the Client (or a provider of the Client's choice). Sitemarch does not host, maintain, or update the site after the notice period ends.

Sitemarch tooling. Sitemarch retains ownership of the underlying reusable code patterns, templates, internal tooling, workflows, and methodology it uses across engagements. The Client's ownership right in the finished website does not extend to those underlying tools.

14Confidentiality

Each party agrees to keep confidential the non-public business information shared by the other during the engagement, including pricing, methodology, customer lists, internal tooling, and financial data. This obligation continues after the engagement ends.

Nothing in this clause prevents Sitemarch from using aggregated or anonymized performance data to improve its Services or, with the Client's written permission, from referencing the engagement in case studies or marketing.

15Warranties and disclaimers

Sitemarch delivers Services with reasonable skill and care.

No guarantee of results. Except for the fee waiver described in clause 07b, Sitemarch does not guarantee any specific number of leads, booked jobs, phone calls, form submissions, keyword rankings, map-pack positions, revenue, or business outcomes. Marketing outcomes depend on many factors outside Sitemarch's control, including the Client's business, market conditions, competition, seasonality, and the decisions of third-party platforms.

Beyond the express commitments in this Agreement, all Services are provided "as is" and Sitemarch disclaims all other warranties, whether express, implied, or statutory, to the fullest extent permitted by law.

16Limitation of liability

To the fullest extent permitted by law, Sitemarch's total aggregate liability to the Client for any and all claims arising out of or in connection with this Agreement is limited to the total fees actually paid by the Client to Sitemarch in the three (3) months immediately preceding the event giving rise to the claim.

Sitemarch is not liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits, lost revenue, lost business opportunity, business interruption, or reputational harm, even if Sitemarch has been advised of the possibility of such damages.

Nothing in this clause limits liability that cannot be limited under South African law.

17Indemnification

The Client agrees to indemnify and hold Sitemarch harmless against any third-party claims, losses, damages, and reasonable legal costs arising from:

• Content the Client supplies for use on the website or in campaigns (including any claim that such content infringes intellectual property, violates law, or is inaccurate or misleading).
• The Client's business practices, licensing, or compliance obligations.
• The Client's use of the deliverables outside the scope of this Agreement.

18Termination for cause

Either party may terminate this Agreement for material breach by giving fifteen (15) days written notice describing the breach. If the breach is not cured within that period, the Agreement ends at the end of the notice period.

Sitemarch may terminate this Agreement immediately if the Client's payment remains unpaid for more than sixty (60) days.

On termination, the Client remains liable for all Services delivered up to the termination date and for any unpaid fees due under this Agreement.

If Sitemarch terminates this Agreement for the Client's material breach or for non-payment, Sitemarch is under no obligation to hand over the website, source code, or hosting instructions. The handover process in clause 13 applies only to cancellation by the Client under clause 8, or to termination by the Client for Sitemarch's material breach.

19Governing law and dispute resolution

This Agreement is governed by the laws of the Republic of South Africa. Any dispute arising from or in connection with this Agreement will first be handled by good-faith negotiation between the parties. If the parties cannot resolve the dispute within thirty (30) days of written notice, they will attempt mediation.

If mediation fails, the dispute will be finally resolved by arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA), with the seat of arbitration in Johannesburg, South Africa, in English, by a single arbitrator.

20Notices

All notices between the parties under this Agreement, including notices of breach, cancellation, cure, or termination, are given by email. Sitemarch's notice address is [email protected]. The Client's notice address is the email address on file at the time of engagement.

A notice is deemed received on the next business day after the email is sent, provided the sender receives no bounce-back or delivery failure.

21Changes to these terms

Sitemarch may update these Terms from time to time. Material changes will be notified to active Clients by email at least thirty (30) days before they take effect. Continued use of the Services after that period is treated as acceptance of the updated Terms.

The Effective Date at the top of this page reflects the most recent update.

22Severability and waiver

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force. A failure by either party to enforce any right under these Terms does not waive that right or any future right.

23Contact

For questions about these Terms, or to send any notice under this Agreement, contact:

Sitemarch (a sole proprietorship operated by Calvin Sullivan)
Email: [email protected]