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Website Promotion Guarantee
After six months, we guarantee that your website will appear on
the first page of at least ten major search engines or you will
receive a further six months website promotion completely free
of charge.
*
This guarantee applies to keyword phrases which have not been
changed since the date of the order and covers phrases of three
words or more. Two word phrases or generic phrases are not
covered by the guarantee.
Any claim under the guarantee must be
received in the first year of contract.
Major Search
Engines
About, AltaVista, All the Web, AOL, Ask, BBC, Directory.co.uk,
Dogpile, E-spotting, Excite, Entireweb, Euroseek, Google, Hotbot,
Infospace, iWon, Lycos, Looksmart, MSN, Netscape, Open
Directory, Overture, Search.com, Terra, UK Directory, Wanadoo,
WebCrawler, WebFinder.com, Yahoo.
Terms & Conditions
1
Special Offers such as Free Website Promotion, Buy 5, Get 1
Free, etc, only the keyword phrases being paid for are included
in our guarantee, the free elements are not covered. The free
element is to be decided by Guaranteed Website Promotion.
2
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 (Guaranteed Website
Promotion) or the customer to be received at least one month
before renewal.
3
The company agrees to pay Search Engines as necessary to achieve
page one rankings.
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 or where:
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.
4
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.
Obligations of the Company
5.1 To provide a service involving:- Obtaining
page one rankings of websites or pages based on Keyword Phrases
which may including the creation of duplicate, or mirror sites,
or additional websites or pages, if the company believes this is
necessary to obtain page one rankings.
5.2 The company may provide a monthly ranking
report to the customer if requested. Additional
reports will be charged for.
5.3 Page one ranking is defined as appearing on the first page
of search engines with a minimum listing of 10 websites,
excluding directory or sponsored listings.
Obligations of the Customer
6.1 The customer must pay the charges to the
Company in accordance with Clause 10.
6.2 The customer must allow the company full and
free access to their website.
6.3 The contract is subject to these terms and no
others.
6.4 The customer or their agents shall not alter,
amend, overwrite or delete modifications or
optimizations carried out by the company in order
to
achieve page one rankings.
6.5 Optimization of the customer website is agreed
to be performed once only at the beginning of the
contract and in the event that the modifications
and/or optimisations are altered, amended or
deleted through no fault of the company the
guarantee will become void and if the customer
requests the website to be re-optimized the
customer agrees to pay for this work.
6.6 Claims under the guarantee must be received
in writing within 30 days of the 6 month guarantee
period, claims outside this period will not be
accepted.
Rights of the Company
7.1 The Company reserves the right to cancel the
contract with immediate effect it believes the
material or the website to be obscene, unfair,
untrue or otherwise unworthy of inclusion on the
internet. The discretion of the Company in this
respect will be absolute.
7.2 If the Company shall exercise its rights
under
Clause 7.1 no refund of fees shall be made.
7.3 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.
Warranties and Indemnity
8.1 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.
Termination for breach, insolvency
or frustration
9 Either party may by written
notice to the other
terminate this agreement 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 one month (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, which may or may not prevent the recovery of scripts,
codes, and alterations etc, if this occurs the customer is
liable for not less than a further years fees. 9.2 Clause 9.1(b)
shall not apply to the circumstances set out in Clause 12. On
termination full payment will become due and this or any other
contract that exists between the company and the client is
agreed to be governed by English Law and no other. It is agreed
that any dispute or grievance between the company and the client
shall be settled by arbitration either in The Slough County
Court or by the Arbitration Service Offices in London SW1 with
each party responsible for their own legal costs.
Payment of Monies
10 Where credit is granted, the
company's credit
terms are 14 days from the date of
the 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.
10.1
Any account over 30 days overdue may be
suspended for a period of 7 days and terminated
if
payment is still not received and the balance to
the
renewal date will become due immediately and
interest as set out in clause 10 will become due.
10.2
Accounts that have been suspended because
of
clause 10.1 shall forfeit any right to claim under
the
guarantee.
Review of Contract
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 by post or by email at least one
month before the renewal date.
Loss of Service
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.
Intellectual
Property Rights
13
All copyright, artworks, scripts, designs, database rights,
patents, trade secrets and other proprietary and intellectual
property rights including all future intellectual property
rights and all information which the Company may provide to the
Customer or include on the customer's website or mirror or
duplicate sites, including domains registered for these etc
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
The terms comprise the contractual terms between
the Company and the Customer for the supply of services by the
Company. No other terms apply unless varied in writing by the
Company and the customer.
15 Any web pages or other created on the customer website or
mirror site 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 or
passed on or sold to any third party. It is agreed that if any
of the pages, artworks or codes etc are used by the customer
after termination of the contract the customer will be liable
for another 12 months fees and any costs incurred to recover
these. Artwork, Logo's etc supplied by the customer to the
company shall only be used for the benefit of the customer while
a service contract exists between the company and the customer.
At the expiry of the contract any artworks or logo's shall be
deleted from any pages created. At the end of the contract or at
any other time, the customer may purchase any web pages, new
artworks, domain names etc from the company for use solely by
the customer.
General
16
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.
17
The Company will optimize web pages and/or websites for the
purpose of increasing Search Engine ranking, alterations,
upgrades, and/or updates to web pages are not included in the
service and must be paid for if the company is requested to do
these.
18
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 square) plus a description of
the Website Promotion Service which will not exceed 20 words and
shall be displayed in the smallest font size and be positioned
as not to detract from the main purpose of the site.
19
Credit Facilities are subject to Status.
Reseller
20
The reseller acts as an agent to introduce customers in return
for commission on sales. The reseller is not an employee of the
company and the company's terms always apply.
21.
The company does not pass on or transfer rights to any domain,
artwork, scripts, or other to the reseller or the reseller's
customer at any time.
22.
Where the company agrees to invoice the reseller, the company
terms apply (listed above) and the reseller is responsible for
settling invoices on time and in the correct manner. The company
reserves the right to suspend or cancel the services if it
believes the reseller may not be in a position to pay. In this
event all invoices to the renewal date become due and the
company will restore any website optimized to the original
condition before work commenced.
the
renewal date become due and the company will restore any website
optimized to the original condition before work commenced. |
Website Promotion Terms & Guarantee
