Terms & Conditions

 

Conditions

These conditions shall apply to all contracts for the sale of services by Click Marketing Ltd to the Buyer and overwrite any other conditions supplied by the buyer i.e. in Registration Forms or other methods.  Placing an order verbally, signing the contract order form, Registration Form, receipt of an e-mail to proceed or a deposit payment shall be deemed conclusive evidence of the Buyer's acceptance of these terms and conditions.  Click Marketing Ltd will provide the services with reasonable skill and care. Notwithstanding the previous sentence the client acknowledges that Click Marketing Ltd 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. Click Marketing Ltd may be instructed to undertake work on our clients behalf with verbal authorisation and invoices of any work requested subsequent to the initial order may be invoiced at a later date. Click Marketing Ltd offers a continuous debit/credit card authority to enable secure payments to cover any payments, account arrears and to cover any ongoing associated costs and renewals.  If paying by direct debit, please note that Click Marketing Ltd has appointed the BACS Approved Direct Debit Bureau, Eazy Collect Services Limited, to collect your payments and Eazy Collect will be shown on your bank statement along with the reference CL1CK.

2. Price & Payment

The total price will be set out in the order, and will also be confirmed on your Registration Form/Email and invoice.  All of our prices are subject to VAT.  Your agreement document(either registration form or email) will outline the total payment amount and terms along with the package or service we will be providing.  Any instalment plans agreed are subject to returning a signed Registration Form within 14 days.  Without a signed Registration Form Click Marketing Ltd will not be able to offer an instalment plan and balances will fall due for immediate payment.  Should a payment arrangement be breached by non or late payment the full balance will become due.  Deposit payments are non-refundable and any cancelled orders will be subject to a cancelation charge.  Any additional features or developments which the client requires on their package will be invoiced separately and costs will be invoiced at the end of the project.  Click Marketing Ltd also reserves the right to re evaluate costs or pricing for its services, should this be the case the client will always be notified.  

3. Services

Click Marketing Ltd require that notice to be given for any changes relating to your website(s) that may affect the services supplied by Click Marketing Ltd. External alterations could have a negative effect on work carried out, should this occur Click Marketing Ltd will not be held responsible. Click Marketing Ltd reserve the right to issue a charge to rectify any problems to regain listings. Any additional costs incurred during a campaign will be invoiced to the client at the end of the month, these invoices will be payable immediately. All FTP details and any associated domain login’s need to be provided promptly, failure to supply such details will be viewed as a breach of contract thus Click Marketing Ltd will not be able to honour any search engine listings or instalment plans.    

4. Warranties and Liability

Click Marketing Ltd warrants that the service and delivery of services will be outlines in the contract.  Click Marketing Ltd does not own Google or any other search engine and our keyword results are based on our success on other campaigns thus we cannot be held responsible for delays in your listings. Click Marketing Ltd shall not be liable for any loss or damage arising from the use of the services.  Click Marketing Ltd cannot be held accountable for any content of images on our clients website or web pages.
5 Advertising

Upon placing an order with Click Marketing Ltd, you hereby agree to Click Marketing Ltd 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 Ltd make no guarantee to the volume of traffic from each campaign.  By placing an order you give Click Marketing Ltd the rights to use your company logo’s etc in order to promote your website.  Our marketing and advertising packages are renewable annually to prevent loss of listings, this will automatically renew unless we are instructed otherwise.  Payment for your marketing renewal will fall due 30 days prior to the annual renewal date and must be cancelled prior to this date should you not wish to continue.  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
Click Marketing Ltd 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.  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.  Also transferring any domains away from our server will incur a transfer charge.  Click Marketing Ltd reserve the right to hold and use the domains in the event of cancellation or where an outstanding balance is due. 
Click Marketing Ltd 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.  Our website hosting is payable from the date the order is placed, this will automatically renew yearly (to avoid interruption to your service) unless the client requests otherwise.  In order to cancel your hosting we require 30 days notice from your renewal date.  Hosting invoices and payments will also fall due 30 days prior to your annual renewal.  All Website & Web Design orders will be subject to a hosting charge of £39 per month or payable annually should we not receive a signed Registration Form or Direct Debit Mandate.

7. Refunds/Cancellations

 Click Marketing Ltd is under no obligation to offer any refunds to orders that may be placed in error or made by mistake. Should this occur there will be a cancellation fee and will deduct any costs of service incurred in the agreement.  Should you wish to cancel your agreement you will need to notify Click Marketing Ltd in writing at which point.  Without restricting Click Marketing Ltd rights pursuant, Click Marketing Ltd 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.  Following termination, the client will pay all outstanding invoices/payments.

8. Title

Programming work carried out on your site by Click Marketing Ltd shall remain the property of Click Marketing Ltd until payment has been received in full by Click Marketing Ltd and is not subject to any form of recovery or cancellation by way of charge back or otherwise.  Click Marketing Ltd will be able to release any marketing or website but this may fall subject to a release fee.  Until an account is settled and a release fee has been paid, Click Marketing Ltd will still be the legal owner of any work carried out or produced.  Should an account be moved without being fully settled Click Marketing Ltd will instruct its legal team to recover any funds due.  Upon terminating an agreement the client will receive a confirmation email or letter, without such confirmation Click Marketing Ltd will still have rights to the programming and work.  Click Marketing Ltd 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 plagiarism.

9. General/Privacy Policy

Click Marketing Ltd continuously develops and improve its services. Click Marketing Ltd, therefore, reserves the right to make any improvements to the designs and specifications of the services we offer.  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.  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.  The start date of the contract held between the buyer and Click Marketing Ltd is when the off page optimisation commences. This is the date when the order form is signed by the buyer.  Click Marketing Ltd complies with current data protection legislation ensuring our clients details are safe and not shared with any other companies or third parties.  Please note some telephone calls are recorded for training and monitoring purposes.