Legal Information What you need to know
Definitions
The “Buyer”, “You”, “Client”, “The Client” or “Customer” relates wholly to the person or persons buying or agreeing to purchase services from “The Company” – that being ableSEO.
Conditions mean the terms and conditions of purchase set out within this document and any further terms agreed in writing by The Company.
Services relates to the website, database, stationary, printing and all other internet services purchased from The Company by the buyer.
Price means the price of services and goods supplied.
Order means the requirement of services or product from The Company as agreed in a signed document, electronic agreement or order form. Receipt of a signed contract or electronic acknowledgement will be deemed evident of the Buyers acceptance of the terms and conditions.
ableSEO reserves the right to alter these terms in any way at any time. The current terms are available to view at www.ableseo.com.
With regard to Search Engine Optimisation services, if The Client enters into an agreement to have such services provided, they therefore give permission to set up, create or adjust paid relevant search engine accounts in order to fulfil the contract. The Client also gives permission to access details and statistics with regard to internet traffic, affiliate search engine details and sales.
The Company’s URL may be required in most cases to be shown on The Clients website. If you do not wish this to be present, contact us in writing.
The SEO service is an ongoing process for one year (unless specified). Optimisation is reliant on the search engine algorithms. We cannot be held responsible for changes within these algorithms. Consequently, during this time some listings may fall within the rankings. We will endeavour to rectify this and may need to implement further optimisation of the website in question. This can, therefore, affect any timescales mentioned within the contract. We reserve the right to alter any timescales if this is the case.
Secure file transfer protocol details are required before any website or SEO work can commence. By purchasing or agreeing to purchase any services or goods from us, you agree to supply us with your SFTP details thus permitting us full unrestricted access to any current website data.
Whilst every effort is made to maintain the appearance of your site, alterations may be necessary. The appearance of the site will be maintained wherever possible. However, if The Client refuses to allow such amendments, The Company cannot be held responsible for any failures within the SEO results and timings.
The Client will inform The Company of any alterations or changes to the website that are made elsewhere which may be detrimental to the work being carried out by The Company. Similarly, The Company cannot be held responsible for any failures within the website design or SEO results and timings.
The Company uses all reasonable care to perform the services to the satisfaction of The Client and within all specified guidelines and timescales. However, The Company has no control over the search engines or their algorithms. These change on a daily basis. Therefore, The Company is unable to guarantee the results or timescales, but will use all reasonable resources to attain it.
The Client agrees to tracking-codes being placed within the structure of the website and other changes necessary to the source code.
Full payment of due invoices to be paid within fourteen (14) days of the invoice date at the latest, some work requires payment on completion.
On occasion part-payment will be requested either partway through a service, or prior to commencement of work.
Under normal circumstances, payment is due in full on completion of the site. If the site cannot be completed due to content not being provided by The Client, The Client will be invoiced for the full quoted amount (a standard 14 day invoice). The site will then be completed when the said content is provided.
If additional unexpected work is required this will be subject to an additional invoice.
Up front payments will be required before SEO work can commence. Where prior agreement is made, monthly payment schemes can be used. An initial payment will still be required and the remaining paid at agreed monthly intervals via standing order.
Pay per click set up costs are payable in advance. These fees are non refundable. The Company will not commence work for PPC until funds are paid and cleared. PPC monthly charges will be invoiced every month and they are to be paid within 14 days. This is instead of the normal 30 day rule. Failure to pay the monthly charges as required will incur a charge of £30. Two consecutive missed payments will mean the contract and all PPC services terminated and court proceedings will be initiated to recover funds owed for the whole 12 months.
ableSEO is in no way connected to or affiliated with Google or any other search engine. The Company is not owned by Google or any other search engine. We DO NOT offer guarantees. All contracts are produced using appropriate software which analyses the main competition in respect of the individual Clients. An informed and calculated proposal is compiled based on achieving results within a 12 month timeframe. These are estimations and are not guaranteed. The Company will not be held accountable for being unable to attain the positions quoted for if they have taken all reasonable steps.
Listings are defined as an increase in overall ranking in all major search engines prior to commencement of work.
Additional key phrases after the contract has been decided upon will be charged.
Unless expressly stated in the contract, The Client agrees to pay all costs associated with the running of an affiliate scheme. This includes commission.
Analytics reports can be supplied to The Client upon request. These will be charged for.
The Client gives permission for The Company to contact affiliates and act on their behalf.Including dynamic web sites and associated programming, will be charged at the current hourly rate, additional features requested will result in additional cost to The Client. Any hours for work shown are an approximate guide only and may be subject to change – please discuss this if you need further information.
Charging method will be explained on the quotation, whether the quotation is verbal, written or computer generated.
The Customer unconditionally guarantees that all material (text, images, music, slogans, video or any other content) provided to ableSEO for inclusion in any design and the final product, do not infringe copyright or trademarks that have been already established by another person or organisation. ableSEO is protected against any claim arising from the use of such material.
We guarantee the designs, proofs and products provided to Customers are created uniquely by ableSEO. By purchasing the design / services of ableSEO, the Customer understands the provided design / product may inadvertently resemble a pre-existing copyright image. Should this occur, ableSEO will re-design the product although we cannot be responsible for any associated costs or damages.
Payment is expected in full from 14 days after the date of invoice. All overdue amounts will be charged at a rate of 8% p.a. above bank base rate. Any failure to pay an invoice will be pursued through UK court(s).
Prices quoted for services will remain correct for 60 days from the date of the quotation, whether the quotation is verbal, written or computer generated.
Notification of queries and/or complaints must be notified to The Company verbally or in writing within seven (7) days of receipt of the service and/or the invoice, whichever is the latter.
In the event of a default of this Agreement, these Terms and Conditions of Service shall be governed by British law.
It will remain the responsibility of The Client to maintain and retain up-to-date back-up copies of all computerised data. The Company shall not be held responsible for any loss of data, regardless of the cause.
All data supplied to you, whether on disc or supplied via e-mail or ftp will have been checked by The Company for Viruses. However, you must always keep your virus definition files (software) up to date and check all data received to satisfy yourself that there are no harmful files. No responsibility will be held for viruses, trojans or the like entering your computer systems.
Remember: never open email attachments if you are unsure of the origins of the email.Support will be provided after delivery of the service. This will be free of charge when provided via e-mail for up to 90 days. Support at The Clients’ premises will be subject to the agreed hourly rate for the service itself. Telephone support will be provided free of charge for 14 days after the invoice date when the The Company or their agent is available – after 14 days it will be subject to the agreed hourly rate for the service itself, unless the support is regarding a fault or error with the service, in which case there will be no charge.
Changes to these terms and conditions will be uploaded to this web site. Changes from the original service request, quotation or estimate can be amended by any means providing both parties accept the changes.
Prices for third party products will be obtained for you, but prices quoted are subject to change if our suppliers cannot match their current price at the time of purchase. If the exact product is not available we reserve the right to change it for a suitable replacement.
Domain Name Registration: When registering a domain name you enter into a contract of registration with the relevant agency:
.uk domain name – Nominet
.com and .net domain names usually- Tucows / Domain DirectWeb hosting is not provided directly by ableSEO. We sometimes use other partners such as Oxhey Net and 1&1 Ionos. Their terms and conditions apply to this service, and although we are happy to arrange all hosting services and resolve problems if you encounter them, if we can, your contract will remain with Oxhey Net or 1&1 Ionos.
The Company will be pleased to meet prospective customers and outline the services offered and how we can assist you and your company. There will be no charge for such a meeting, within a reasonable travelling distance of North West Kent, UK. Any payment required prior to work being commenced will be shown in a written (computer generated) quotation.
COPYRIGHT: The Copyright of all material created by The Company or its subcontractors will remain with The Company unless agreed in writing with The Client. This includes art work, web site content and programming including databases. If The Company uses 3rd party material, from whatever source, the copyright will remain with its holder, unless that is passed to The Client or us.It is agreed and understood that all information, data and images supplied by The Client for inclusion in web sites, database or any other publication is done so only if The Clients has the necessary intellectual property rights, and The Client agrees to indemnify The Company, it’s director(s), employees or sub-contractors for any liability incurred for any breach of such rights.
The Company warrants services will be delivered as per the description wherever possible.
The Company cannot be liable for any loss or damage.
If, during the contract term, The Client uses a third party for web alterations or SEO, The Company cannot be held responsible for any loss of listings or associated damages.
By signing the order form or agreeing a contract electronically, or by making an initial set up fee, The Client and The Company become bound by these Terms and Conditions. The Client agrees to The Company advertising on their website and on our website and associated sites. The Client also agrees to waive any copyright issues so the brand name, logo or trademark can be replicated as necessary elsewhere as appropriate.
The Company cannot be held responsible for the standard or content of the advertisements on the search engine listings or other network sites where The Client’s site is advertised. We have no control over these sites.
The contract for SEO will be decided upon commencement. Unless otherwise specified, it will run for 12 months as default, after which The Clients website may be removed from advertising sites unless a renewal fee is paid.
Refunds for SEO work. The Company is under no obligation to accept a cancellation of services by The Client. If The Company were to accept a cancellation, the amount of work and costs already involved would be chargeable. There would also be a cancellation fee. PPC cancellation may be done with 30 days notice and in writing. Following termination, The Client will pay all outstanding charges and fees within 14 days.
THIS AGREEMENT IS IN ADDITION TO YOUR STATUTORY RIGHTS. If, however, you have any questions please speak to us, thank you.