Terms & Conditions

 

1. Conditions

1.1 These conditions shall apply to all contracts for the sale of services by Click Marketing to the Buyer and overwrite any other conditions supplied by the buyer i.e. in purchase orders or other methods.

1.2 We reserve the right to alter these terms at any time. The Terms and Conditions are available to view online at www.click-marketing.co.uk these replace any previously agreed and it is the responsibility of the buyer to be aware of any changes.

1.3 The client gives permission for Click Marketing to set create paid relevant accounts with search engines, in order to fulfil its obligations under these terms.

1.4 Orders of services will be deemed to be an offer by the Buyer to purchase services pursuant to these conditions.

1.5 Signing the contract order form, receipt of an email to proceed or a deposit payment shall be deemed conclusive evidence of the Buyer's acceptance of these terms and conditions.

1.6 The Clients web site url may be linked to our site to improve functionality, should this be an issue the client must notify us prior to us commencing any work.

1.7 Should the clients search engine rankings slip after work has been commenced we cannot be held responsible for this temporary change. Should this rare event occur we will ensure immediate action is taken to improve these results, however we cannot be held responsible for a change in the search engines requirements.

1.8 We will require your website's FTP host name, username and password to make amendments to your site.

1.9 Should FTP present a problem, we will send your web designers another method to update your site via post.

1.10 If FTP access and a test copy of the site are prohibited then Click Marketing may provide either a report or static copies with the optimisation work annotated. This work is to be implemented by your own design team / in house programmers. It is the responsibility for the client to pay for any additional charges for our suggestions and recommendations to be implemented.

1.11 The client informs Click Marketing of any changes to the website that affects Click Marketing's ability to fulfil its obligations. Including but not limited to deletion or alteration or additions of URL addresses, URL redirects, Landing Pages and their content, Conversion Pages and their content and Confirmation Pages and their content.

1.12 Click Marketing will provide the services with reasonable skill and care. Notwithstanding the previous sentence the client acknowledges that Click Marketing have no direct control over the Search Engines and cannot guarantee the speed of performance of technologies provided by the Search Engines in relation to the delivery of the services.

2. Price & Payment

2.1 The total price will be set out in the order, the price will be exclusive of VAT and will be on a pro forma basis unless agreed otherwise. Should Click Marketing commence work on a deposit basis we will require a valid credit or debit card to process the balance payment upon completion.

2.2 Up front payments shall be paid at the time of the order. You will be notified by post upon commencement of your subscription period start date. This date can also be obtained by contacting your Account Manager. During the final months of your subscription, Click Marketing will contact you by either email, telephone or post to inform you that your subscription is due for renewal for a subsequent contract. Outstanding balance's are due upon completion or on 30 days from the order being placed depending which occurs first.

2.3 Where agreed with Click Marketing, payment may be made on a monthly basis. Under these circumstances, an initial payment is necessary, and the remaining fee will be paid during the period by standing order, the monthly amount will be set at the time of order.

2.4 Set up costs are payable in advance and non-refundable, work cannot be commenced until an initial payment has been made. Upon completion of the project Click Marketing will debit the outstanding balance from your backup card.

2.5 The client will be invoiced for any management fees and paid search fees on the first of each month for fees incurred during the previous month.

2.6 If you fail to complete, more than two consecutive Click Marketing is entitled to initiate court proceedings to recover the remaining funds owed to Click Marketing until the end of the 12 months. Each missed payment is also subject to a £19+Vat administration fee.

2.7 We do not own Google and therefore do not offer any guarantees. Our SEO contracts are based on educated assessments and results achieved for previous clients across a wide range of industries and business sectors.

2.8 Visible listings are defined as an overall increase in ranking across the major search engines when compared to the initial ranking report carried out prior to work commencing.

3. Services

3.1 Click Marketing is a trading name of Click Marketingt Ltd Company Number:07329619. Click Marketing require that notice to be given for any changes relating to your website(s) that may affect the services supplied by Click Marketing. Alterations could have a negative effect on work carried out, should this occur Click Marketing will not be held responsible. Click Marketing reserve the right to issue a charge to rectify any problems to regain listings.

3.2 The quantity and the description of the services will be set out in the order form or pro forma invoice.

3.3 Any additional costs incurred during a PPC campaign will be invoiced to the client at the end of the month, these invoices will be payable within 14 days.

4. Warranties and Liability

4.1 Click Marketing warrants that the service and delivery of services will be outlines in the contract.

4.2 Click Marketing shall not be liable for any loss or damage arising from the use of the services.

4.3 By signing the contract order form or making by payment of the initial set up fee, the client and Click Marketing will both be bound to these terms and conditions.

5 Advertising

5.1 Upon signing the order form with Click Marketing, you hereby agree to Click Marketing advertising your website on our network of websites. We will advertise by means of banners and text also creating backward links to your site. You understand that Click Marketing make no guarantee to the volume of traffic from each campaign.

5.2 By signing our contract you give Click Marketing the rights to use your company logo’s etc in order to promote your website.

5.3 If, during the contract you start to use unethical methods of promoting your website we will issue you with a cancelation notice i.e. linking your site to gambling or gaming websites that are frowned upon by search engines.

6. Hosting & Domains

6.1 Click Marketing uses standard shared hosting, and takes no responsibility for the up time, should you have any problems with this service please contact your account manager.

6.2 We recommend you keep as much data as possible from your website backed up. We back up all data but also recommend all clients do the same.

6.3 Click marketing have a monthly charge for hosting your website, this will be outlined in your contract and is subject to change. Also transferring any domains away from our server will incur a standard charge of £25.

6.4 Click Marketing offer different levels of hosting for different packages, the details of your hosting package will be detailed in your contract order form.

6.5 Click Marketing attempts to offer the best website hosting possible and guarantees that your site is accessible 99% of the time, should we ever fall below this percentage we will offer service refunds based on the time it was un accessible.

6.6 Should you wish to pay your hosting monthly Click Marketing will not charge you extra for this facility however standing order forms will need to be returned within 30 days of the order being placed otherwise we will need the payment in full as a one off payable either by cheque or your back up card.

7. Refunds

7.1 Click Marketing is under no obligation to offer any refunds to orders that may be placed in error or made by mistake. Should this occur we will charge a 25% handling fee and will deduct any costs of service incurred in the agreement.

7.2 Either party can cancel a PPC agreement by notifying the other party, the termination period is 14 days from the date the notification is received.

7.3 Without prejudice to any other rights which either party may have against the other for breach or performance related issues of any of the terms of this agreement, either party can cancel the agreement with immediate effect should either party breach the contract agreement. Termination will need to be made in writing to the offending party should they be in breach of payment terms or have breached one of the contract warranties.

7.4 Without restricting Click Marketing rights pursuant to clause 6.3 above, Click Marketing shall be entitled at any time on giving notice to you to suspend the provision of the services if you are in breach of any term of this agreement.

7.5 Following termination, the client will pay all outstanding invoices and final invoice within 14 days of termination.

8. Title

8.1 Programming work carried out on your site by Click Marketing shall remain the property of Click Marketing until payment has been received in full by Click Marketing and is not subject to any form of recovery or cancellation by way of charge back or otherwise. All services provided to the client or their agent, may be removed from the applicable website by management at any time after the due date of payment has passed and the payment has not been received in full or if payment has been received in full, has been made subject to a Charge back, any costs incurred by Click Marketing by means of directory submissions, article submissions or organic advertisements will also be recovered.

8.2 If you do not renew your subscription of the services provided by Click Marketing, you must remove all references to Click Marketing on the viewable page and within the source code, this must be removed within 14 days from the cancellation date.

8.3 Click Marketing uses various software to track and monitor unique work that has been completed on a client's web site. If this work is replicated or copied in any way (including coding & scripting, software, text content and analytical information) and not paid for, Click Marketing will instruct legal action unless payment is made for the given plagerisium.

9. General

9.1 Click Marketing continuously develops and improve its services. Click Marketing, therefore, reserves the right to make any improvements to the designs and specifications of the services.

9.2 Nothing in this Agreement shall confer, nor do the parties intend it to confer, any enforceable right on any third party and the Contracts (Rights of Third Parties) Act 1999 shall not apply.

9.3 This Contract shall be governed by the Laws of England and the parties submit to the exclusive jurisdiction of the English Courts in relation to any dispute hereunder.

9.4 The start date of the contract held between the buyer and Click Marketing is when the off page optimisation commences. This is the date when the order form is signed by the buyer.

10. Privacy Policy

10.1 Click Marketing complies with current data protection legislation and customers details are not shared with any third parties.