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Terms & Conditions
1. Website Promotion Wizard, "the company" is contracted to carry out the
service of obtaining page one rankings on search engines. This service is to
include providing
one monthly ranking report and monthly re-submission to search engines and fine tuning of
web pages and other actions it decides will maintain or increase rankings.
The service
provided does not include updates, changes, maintenance, re-optimising or any
other work to the website, pages being promoted, or other, after the initial
month of promotion. All updates, changes, re-optimising or any other work will
be billed at £60 per hour + Vat. Billed at 30 minute increments with a minimum
fee of 30 minutes. Search Engine registration fees other than those paid at
the discretion of the Website Promotion Wizard are also not included together
with Domain renewal fees and website hosting fees for mirror sites after the
contract has been terminated. Also not included is anything other than is
stated herein unless agreed by the company in writing.
Page one
ranking is defined as appearing on the first page of search engines excluding
websites that have paid to achieve top ranking.
2.
The company must have free and unrestricted access to
the customer's website and the
customer grants the company authority to submit website pages to Search Engines
and directories within the Internet and register it during the
term of the contract.
3
It
is agreed that any free search engine promotion listed in our Special Offers
such as "Buy 4, Get 1 Free" are not covered by the guarantee.
4. The
company reserves the right to reject any keyword
phrase. If any keyword
phrase is rejected
the customer will be notified before the contract commences and
no charge will be made in respect to that
keyword phrase.
5 The Company reserves the right to cancel the
contract with immediate effect it
believes the material or the Web
Site
being promoted may be
obscene, unfair,
untrue or otherwise unworthy of
publication on the internet. The discretion of
the Company is absolute. If the Company shall exercise its rights under
this clause
no refund or guarantee shall be
made.
6. The
company's credit terms are 14 days from date of invoice
and the customer
agrees to pay interest of 4% per month in respect of fees still
outstanding 14 days
from date of invoice unless extended credit terms have been agreed in writing.
In
the event that outstanding fees become more than 14 days overdue the company
reserves the right to withdraw and suspend the services without recourses or
penalty. If more than 2 invoices become overdue the balance to the end of the
renewal date will then become due for immediate payment. Property rights to
any
mirror sites or pages created by the company on the customers website belong
to
the company at all times until they are paid for in full. Credit Facilities
are subject to
Status.
7.
This contract is ongoing and for a minimum of 12 months and renewed annually.
Notice of termination must be given in writing by either the company
or the customer to be received at least one
month before renewal.
8.
Where Search Engines require subscriptions to be listed these are the
responsibility of the customer unless
otherwise stated in writing. The company reserves the right to substitute other popular
Search Engines of its choice in
place of Search Engines where subscriptions have not been paid. The company
also reserves the right to substitute alternative search engines if: a) The
status of that search engine changes. i.e. The Search Engine ceases to be, is
bought or sold, or becomes insolvent, or ceases to trade. or b) it becomes fee
paying, pay per click etc. or c) The website being promoted is already listed
or has been banned or categorised as a mirror or spamming site. or d) For any
other reasonable reason.
9. The customer warrants to the Company at all times that the material included in
the Web Site:
(a)
is not in breach of the
Intellectual Property
rights of any third party
including without limitation
copyright,
trademarks, database rights, rights in
passing
off, design rights and any other
intellectual
property rights including company
names,
trade names and URLs which may be
created by statute,
common law or
otherwise
from time to time.
(b)
is not obscene within the
definition
of the Obscene Publications
Act 1959 or any other
relevant
provision, statute, common law or similar in
force from time to time. (c)
is not in breach of any
code or provision of statute or
common law or
otherwise in force from time to time
in relation to
Advertising of
Goods or Services to include without
limitation regulation by the Advertising
Standards
Authority and the Committee of Advertising Practice.
(d) contains no
element of corporative advertising which is in
breach of the Control of Misleading
Advertisements (Amendment) Regulations 2000 or
any other relevant provision,
statute, common law or similar in force
from time to time.
(e)
is not in breach of the
Defamation Act 1996 or
any other relevant provision, statute, common law or similar
in force from time to time. (f)
does not contain any misleading
price comparison in
breach of Consumer Protection Act 1987 or
any
other relevant provision, statute,
common law or similar in force from time to time.
10 Either party may by written notice to the other
terminate this agreement
immediately if one of the
following events occurs:- (a)
either party goes into
liquidation or makes any arrangement or composition
with its creditors or is
otherwise unable to pay its debts within the meaning
of Section 123 Insolvency
Act 1986; (b) either party's ability to carry out its obligations under this
agreement is prevented or substantially interfered with for any reason for a
period in excess of three months (whether or not within the control of such
party) including without limitation by reason of any regular law decree or any
act of state or any other action of a government or (c) If free access is
denied to the website
before proper termination of contract without reasonable excuse or without agreement preventing the
recovery of scripts, codes, and alterations etc the customer is liable for a further years fees. 9.2
Clause 9.1(b) shall not apply to the circumstances set out in Clause 12.
11. At
the renewal date the Company is not obliged to renew the contract. The
Company may
increase fees to the current rates in accordance
with the Company’s
charging policies. Any increase will be notified in writing or by email at least one month
before the
renewal date.
12
The Company accepts no
liability for loss of service, unavailability of files, damage of data,
misuse of
equipment by other customers,
failure of any externally managed equipment or
communications devices or
other services deemed to be beyond the Company’s control.
13 All copyright, database rights, patents, trade
secrets and other proprietary and intellectual property rights including all future intellectual
property rights created by statute or otherwise and all information which the Company may provide
to the Customer or include on the customer's website shall (as between the parties) at all
times remain vested in the Company and the Customer shall not acquire any such intellectual
property rights or licence to such rights.
14 Any web pages or other created on the
customer website and using artwork supplied by the company and the customer are deemed to be the property
of the company. These web pages, artworks, codes etc must be deleted at the end of the contract
and must not be copied or used by the customer. It is agreed that if any of the pages, artworks or codes
etc are used after termination of the contract the customer will be liable for another 12 months fees and any costs incurred to recover these.
15 The
Company reserves the right to alter or substitute Layouts, Text, Keyword
Phrases, Graphics, Pages, Codes etc in order to maximise Search Engine
Placement or Position and for Technical and other
reasons.
16 The
customer agrees to allow the company to display a small Icon on each page being
promoted which shall be no larger than 16 x 16 pixels (about a quarter inch)
plus
the word "Website Promotion Wizard" or "Website Promoted by" next to the icon
which shall be
positioned as not to detract from the main purpose of the site.
17
This
contract is subject to these terms and no others.
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