1. WebsiteUK ltd/ WUKmedia (A Trading name of WebsiteUK Ltd) is a passionate & committed website design company. We strongly believe in our methods; from conception to completion our website designs hugely improve our Customer’s online presentation. Our Terms and Conditions are not a scary small print ‘catch you out’ but are designed to set out clearly the processes involved with building a ‘professional’ website that will work for businesses and to keep those said processes clear and concise, in order to benefit both parties in verbally or written contracted web design, hosting and marketing within a clear business to business relationship. WebsiteUK Ltd’s postal address is 722-723 Cameron House, White Cross Industrial Estate, Lancaster, LA1 4XF. Tel: 0844 52479 1066 Email: email@example.com
1.1 The definitions and rules of interpretation in this clause apply in these terms and conditions.1.2 “Agreement” means the Customer’s completed and signed an Order Form and agreed these Terms and Conditions. Otherwise “Agreement” means for an order for any WebsiteUK Ltd service being placed other than by written contract via payment by debit/credit card, cheque, BACS, cash or any other from of payment with WebsiteUK Ltd also by telephone / email / face to face / posted letter will also confirm that you are in agreement with and bound by the terms and conditions set out below. The Customer is therefore liable for any monies incurred from an order being placed on their behalf in accordance with these Terms and Conditions. These terms and conditions are freely available at www.websiteuk.net/terms and it is clearly stated on all paid invoice receipts that these terms and conditions apply.1.3 “Customer” means the person, firm or company named on the Order Form who has agreed to purchase the Services from WebsiteUK Ltd.1.4 “Deliverables” means all documents and materials generated by WebsiteUK Ltd or its agents, subcontractors, consultants or employees in relation to the Services in any medium including, without limitation, data, reports and specifications(including drafts).1.5 “Input Material” means all documents, information and materials provided by theCustomer relating to the Services including, without limitation, data, reports and specifications.1.6 “Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, trademarks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs,rights in computer software, database rights, topography rights, moral rights,rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered,and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world.1.7 “Order Form” means the order form identifying the Customer and describing theServices with this Agreement.1.8 “SEO Plan” means the written plan describing in detail the Services to be provided by WebsiteUK Ltd and setting out the parties’ respective responsibilities and the estimated timetable for delivery of the Services.1.9 “Services” means the search engine optimisation and advisory services to beProvided by WebsiteUK Ltd under the Agreement.
2 APPLICATION OF THESE TERMS AND CONDITIONS
2.1 The Customer’s completed and signed Order Form constitutes an offer by theCustomer to purchase the Services specified in it on these Terms andConditions. No offer placed by the Customer shall be accepted by WebsiteUK Ltd other than by WebsiteUK ltd signing the Order Form whereupon a formal legally binding contract for the supply and purchase of the Services on these Terms andConditions will be established.2.2 These terms and conditions shall apply to and be incorporated in the Agreement;and shall prevail over any inconsistent terms contained in, or referred to in, any purchase order, confirmation of order, specification provided by the Customer or implied by law, trade custom, practice or course of dealing.2.3 Any variation of the Agreement shall be in writing and signed by or on behalf of the parties.
3 SUPPLIER’S OBLIGATIONS
3.1 WebsiteUK ltd shall use reasonable endeavours to manage and complete the SEO Plan, and to deliver the Deliverables to the Customer, in accordance in all material respects with the SEO Plan.3.2 WebsiteUK ltd shall use reasonable endeavours to meet the performance dates specified in the SEO Plan, but any such dates shall be estimates only and time shall not be of the essence of the Agreement.3.3 The Services shall be supplied from the commencement date, and for the duration, specified in the Order Form.3.4 WebsiteUK ltd warrants that it will at all times during the term of this Agreement use all reasonable endeavours to maximise the page rankings achievable from the keywords specified by the Customer and/or advised by WebsiteUK ltd and set out in the SEO plan and will work with the Customer to revise the SEO plan to maintain the page rankings that are achieved. Customer acknowledges, however, that:3.4.1 WebsiteUK ltd cannot guarantee (and expressly does not warrant) that it will achieve first page rankings for the Customer; and3.4.2 search engine ranking algorithms are subject to change beyond WebsiteUK ltd’s control and that therefore the page rankings achievable may not be constant.3.4.2 WebsiteUK Ltd will endeavour, (but is not bound to) to report to the customer approximately every four months from the commencement of this agreement, either with monthly reports or via customer service emails or phone calls. Any other arrangements other than the approximate four month time scale will be agreed separately in writing between WebsiteUK Ltd and the customer.3.5 WebsiteUK ltd shall be entitled, without liability, to decline to perform Services in relation to any website of the Customer specified in the Order Form and/or the SEO Plan that is, or becomes during the term of this Agreement, substantially dedicated to the following types of content, namely: (a) adult entertainment; (b) betting or gaming; (c) the promotion or sale of controlled Substances; (d) foreign language content; (e) the promotion or sale of search engine optimisation services; (f) dynamically generated content.3.6 IMPORTANT! It is the Customer’s responsibility to provide WebsiteUK Ltd with complete required content material: WebsiteUK Ltd is a small but growing business. For WebsiteUK Ltd to remain efficient we must receive suitable content material. The Customer agrees to make available as soon as is reasonably possible to WebsiteUK Ltd all materials required for completing the Customer’s website. WebsiteUK reserves the right to refuse anything that WebsiteUK deems poor quality materials, such as hand written materials. WebsiteUK, unless otherwise agreed in writing will purchase up to three stock images of no more than £25 per image. Should websiteUK be requested to purchase extra products, stock images or any other miscellaneous materials to complete the website design then WebsiteUK reserves the right to charge accordingly.
4 CUSTOMER’S OBLIGATIONS
4.1 The Customer shall:4.1 .1 co-operate with WebsiteUK ltd in all matters relating to the SEO Plan and identify in the Order Form a Customer contact person who shall have the authority to contractually bind the Customer on matters relating to the SEO Plan;4.1 .2 provide in a timely manner copies of, or access to, such information as WebsiteUK ltd may request, and ensure that such information is accurate in all material respects; and4.1.3 provide to WebsiteUK ltd, in a timely manner, such Input Material and other information as WebsiteUK ltd may require and ensure that it is accurate in all material respects;4.1.4 obtain and maintain all necessary licences and consents and comply with all relevant legislation in relation to the Services, the use of Input Material insofar as such licences, consents and legislation relate to the Customer’s business in all cases before the date on which the Services are to start.4.2 If WebsiteUK ltd’s performance of its obligations under the Agreement is prevented or delayed by any act or omission of the Customer or the Customer’s agents, subcontractors or employees, the Customer shall be liable to pay to WebsiteUK ltd on demand all reasonable costs, charges or losses sustained or incurred by it (including, without limitation, any direct or indirect consequential losses, loss of profit and loss of reputation, loss or damage to property, injury to or death of any person and loss of opportunity to deploy resources elsewhere), subject to WebsiteUK ltd confirming such costs, charges and losses to the Customer in writing.4.3 The Customer shall not, without the prior written consent of WebsiteUK ltd, at any time from the date of the Agreement to the expiry of 6 months after the completion of the Services, solicit or entice away from WebsiteUK ltd or employ or attempt to employ any person who is, or has been, engaged as an employee or sub-contractor of WebsiteUK ltd.
5 CHANGE CONTROL
(5.1 The Customer contact and the relevant WebsiteUK ltd Customer manager shall be in touch at least once every 12 months to discuss matters relating to the performance of the Services and the contents of the SEO Plan. If either party wishes to change the scope of the Services or the contents of the SEO Plan, it shall submit details ofthe requested change to the other in writing.5.2 WebsiteUK ltd shall, within a reasonable time, provide a written estimate to the Customer of:5.2.1 the likely time required to implement the change;5.2.2 any variations to WebsiteUK ltd’s charges arising from the change;5.2.3 the likely effect of the change on the SEO Plan; and5.2.4 any other impact of the change on the terms of the Agreement.5.3 If WebsiteUK ltd requests a change to the scope of the Services, the Customer shall not unreasonably withhold or delay consent to it.5.4 If the Customer wishes WebsiteUK ltd to proceed with the change, WebsiteUK ltd has no obligation to do so unless and until the parties have agreed in writing on the necessary variations to its charges, the SEO Plan and any other relevant terms of the Agreement to take account of the change.5.5 WebsiteUK Ltd will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
6 CHARGES AND PAYMENT
6.1 In consideration of the provision of the Services by WebsiteUK ltd, the Customer shall pay the charges and expenses set out in the, contract, Order Form, or verbal agreement plus any applicable VAT, without deduction or set-off in accordance with the payment schedule specified in the Order Form or the SEO Plan.6.2 The parties agree that WebsiteUK ltd may review and increase the charges set out in the Order Form, provided that such charges cannot be increased more than once in any 12 month period. WebsiteUK ltd will give the Customer written notice of any such increase 3 months before the proposed date of the increase. If the Customer does not accept the increase it may terminate this Agreement by serving notice in accordance with the notice provisions set out in the Order Form. For the avoidance of doubt, the charges payable during such notice period shall not include any increase that the Customer has not accepted.6.3 Unless otherwise specified in the Order Form the Customer shall pay each invoice submitted to it by WebsiteUK ltd in full, and in cleared funds, within 30 days of receipt.6.4 Without prejudice to any other right or remedy that WebsiteUK ltd may have, if the Customer fails to pay WebsiteUK ltd on the due date WebsiteUK ltd may:6.4.Charge interest on such sum from the due date for payment at the annual rate of 4% above the base lending rate accruing on a monthly basis until payment is made, whether before or after any judgment.WebsiteUK ltd may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998; and6.4.2 suspend the performance of the Services until payment has been made in full.6.5 Time for payment shall be of the essence of the Agreement.6.6 All payments payable to WebsiteUK ltd under the Agreement shall become due immediately on termination of the Agreement, despite any other provision. This Clause 6.6 is without prejudice to any right to claim for interest under the law, or any such right under the Agreement.6.7 WebsiteUK ltd may, without prejudice to any other rights it may have, set off any liability of the Customer to WebsiteUK ltd against any liability of WebsiteUK ltd to the Customer.
6.8 Whatever payment plans have been agreed between WebsiteUK and the client, whether they be in writing or verbal are subject to change solely at the discretion of WebsiteUK Ltd. WebsiteUK Ltd reserve the right to demand balances be paid in full at any time during the design, build or development process, including but not limited to SEO work, hosting and any and all other WebsiteUK ltd services described on an invoice.
7 INTELLECTUAL PROPERTY RIGHTS
7.1 As between the Customer and WebsiteUK ltd, all Intellectual Property Rights and all other rights in the Deliverables shall be owned by WebsiteUK ltd. WebsiteUK ltd licenses all such rights to the Customer free of charge and on a non-exclusive, worldwide basis to such extent as is necessary to enable the Customer to make reasonable use of the Deliverables and the Services. If WebsiteUK ltd terminates the Agreement for Customer’s breach, this licence shall automatically terminate
8 CONFIDENTIALITY AND SUPPLIER’S PROPERTY
8.1 The Customer shall keep in strict confidence all technical or commercial knowhow, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Customer by WebsiteUK ltd or its agents, and any other confidential information concerning WebsiteUK ltd’s business or its products or services that the Customer may obtain. The Customer shall restrict disclosure of such confidential material to such of its employees, agents or sub-contractors as need to know it for the purpose of discharging the Customer’s obligations to WebsiteUK ltd, and shall ensure that such employees, agents or sub-contractors are subject to obligations of confidentiality corresponding to those which bind the Customer.8.2 This Clause 8 shall survive termination of the Agreement, however arising.8.3 The Customer shall keep in strict confidence all technical or commercial knowhow, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Customer by WebsiteUK ltd, its employees, agents, consultants or subcontractors and any other confidential information concerning WebsiteUK ltd’s business or its products which the Customer may obtain.8.4 The Customer may disclose such information:8.4.1 to its employees, officers, representatives, advisers, agents or subcontractors who need to know such information for the purposes of carrying out the Customer’s obligations under the Agreement; and 8.4.2 as may be required by law, court order or any governmental or regulatory authority.8.5 The Customer shall ensure that its employees, officers, representatives, advisers, agents or subcontractors to whom it discloses such information comply with thisClause 8.8.6 The Customer shall not use any such information for any purpose other than to perform its obligations under the Agreement.8.7 All materials, equipment and tools, drawings, specifications and data supplied by WebsiteUK ltd to the Customer shall, at all times, be and remain the exclusive property of WebsiteUK ltd or its licensors, but shall be held by the Customer in safe custody at its own risk and maintained and kept in good condition by the Customer until returned to WebsiteUK ltd, and shall not be disposed of or used other than in accordance with WebsiteUK ltd’s written instructions or authorisation.
9 LIMITATION OF LIABILITY
9.1 The following provisions set out the entire financial liability of WebsiteUK ltd (including any liability for the acts or omissions of its employees, agents and subcontractors) to the Customer in respect of: (a) any breach of the Agreement; (b) any use made by the Customer of the Services, the Deliverables or any part of them; and (c) any representation, statement or tortuous act or omission (including negligence) arising under or in connection with the Agreement.9.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement.9.2.1 WebsiteUK ltd shall not be liable, whether in tort (including for negligence, human error or breach of statutory duty), contract, and misrepresentation or otherwise for: (a) loss of profits; (b)loss of business; (c) depletion of goodwill or similar losses; (d) loss of anticipated savings; (e) loss of goods; (f) loss of contract; (g) loss of use; (h) loss or corruption of data or information; (i) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.9.2.2 WebsiteUK ltd’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Agreement shall be limited to the total price paid for the Services at the date on which liability arose.9.3 Nothing in this Agreement excludes the liability of WebsiteUK ltd for: (a) death or personal injury caused by WebsiteUK ltd’s negligence; or (b) fraud or fraudulent misrepresentation.
10 DATA PROTECTION
10.1 The Customer acknowledges and agrees that details of the Customer’s name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of WebsiteUK ltd in connection with the Services.
11.1 Without prejudice to any other rights or remedies which the parties may have, either party may terminate the Agreement without liability to the other in accordance with the notice provisions set out in the Order Form or immediately on giving notice to the other if: 11.1.1 the other party fails to pay any amount due under the Agreement on the due date for payment and remains in default not less than 14 days after being notified in writing to make such payment; 11.1.2 or the other party commits a material breach of any of the terms of the Agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; 11.1.3 or the other party repeatedly breaches any of the terms of the Agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of the Agreement; 11.1.4 or the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or(being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being a natural person) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply; 11.1.5 or the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than for the sale purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party; 11.1.6 or a petition is filed, a notice is given, a resolution is passed, or an order is made, for or on connection with the winding up of that other party other than for the sale purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party; 11.1.7 an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party; 11.1.8 or a floating charge holder over the assets of that other party has become entitled to appoint or has appointed an administrative receiver; 11.1.9 or a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party; 11.1.10 or a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days; 11.1.11 or any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in Clause 11.1.4 to Clause 11.1.10 inclusive; 11.1.12 or the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business; 11.1.13 or there is a change of control of the other party (as defined in section 574 of the Capital Allowances Act 2001).11.2 On termination of the Agreement for any reason:11.2.1 the Customer shall immediately pay to WebsiteUK ltd all of WebsiteUK ltd’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, WebsiteUK ltd may submit an invoice, which shall be payable, in full, immediately on receipt;(please also refer to clause 23) or if agreed, by monthly instalments 11.2.2 the accrued rights and liabilities of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination, shall not be affected.11.3 On termination of the Agreement (however arising), Clauses 7, 8, 9, 11.3 and 13 shall survive and continue in full force and effect.
12.1 Any notice under the Agreement shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post to the other party at its address as set out in the Agreement, or such other address as may have been notified by that party for such purposes, or sent by fax to the other party’s fax number as set out in the Agreement. A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not during business hours, at 9.00 am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent by fax shall be deemed to have been received at the time of transmission (as shown by the timed printout obtained by the sender).
13.1 WebsiteUK ltd shall have no liability to the Customer under the Agreement if it is prevented from, or delayed in, performing its obligations under the Agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of WebsiteUK ltd or any other party),failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order,rule, regulation or direction, accident, breakdown of plant or machinery, fire,flood, storm or default of suppliers or sub-contractors.13.2 A waiver of any right under the Agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given. Unless specifically provided otherwise, rights arising under the Agreement are cumulative and do not exclude rights provided by law.13.3 If any provision of the Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.13.4 Each of the parties acknowledges and agrees that in entering into the Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the subject matter of this agreement other than as expressly set out in the Agreement.13.5 The Customer shall not, without the prior written consent of WebsiteUK ltd, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Agreement. WebsiteUK ltd may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Agreement.13.6 Nothing in the Agreement is intended to or shall operate to create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).13.7 The Agreement is made for the benefit of the parties to it and (where applicable) their successors and permitted assigns, and is not intended to benefit, or be enforceable by, anyone else.13.8 The Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England. The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).13.9 WebsiteUK Ltd cannot and will not take any responsibility for any copyright infringements caused by materials submitted for the website design by the customer. We reserve the right to refuse any material of a suspected copyrighted nature unless adequate proof is given of permission to use such material. WebsiteUK Ltd will place copyright to the customer on the website design completion making the website copyright solely the customer’s responsibility in both text and picture form. As stated at Clause 8 above the customer is solely responsible for providing all design materials (unless otherwise agreed be it verbally or in writing). WebsiteUK Ltd will not copyright any material under the Agreement.13.10 WebsiteUK Ltd can offer no guarantees of correct function with all browser software.13.11 WebsiteUK Ltd accepts no responsibility for verbal misinterpretations, misunderstandings or breakdown of communication between WebsiteUK Lt’s staff and the Customer. The Customer is provided with a clear paid invoice itemising products that the Customer has purchased and it is the customer’s responsibility to contact WebsiteUK Ltd should there appear to be any discrepancies between what the customer has verbally agreed to purchase and what is written on the paid invoice.13.12 WebsiteUK Ltd uses trusted third party servers based in the USA and in the UK and constantly monitor uptime on a daily basis. WebsiteUK Ltd will use either the servers in the USA or in the UK as it sees fit for the purpose of hosting the customer’s website unless otherwise agreed in writing. However, WebsiteUK Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.13.12
Online Marketing, Target Pages & SEO Strategy 13.13 WebsiteUK Ltd reserve the right to add discreet links back to the WebsiteUK Ltd website. This is normal practice for most web companies and will usually be placed in the footer of the clients website. Should the client not require or want a backlink to WebsiteUK Ltd, it is the clients responsiblity to inform WebsiteUK Ltd. In such cases, WebsiteUK Ltd will refrain from putting in the link or remove it. 13.14 Website UK Ltd reserve the right to showcase client website in a portfolio page on WebsiteUK Ltd’s websites. Should the client not require or want to be featured in WebsiteUK Ltd’s case stuides or portfolio, it is the clients responsiblity to inform WebsiteUK Ltd. In such cases, WebsiteUK Ltd will refrain from featuring in WebsiteUK Ltd’s portfolio case studies.
14. WebsiteUK Ltd will implement a focused online marketing strategy for the Customer. This document aims to outline the process we carry out to ensure that the Customer’s Search Engine Optimisation (SEO) campaign is carried out effectively, optimising the Customer’s site to its full potential and to the best of WebsiteUK Ltd’s ability.
14.1 WebsiteUK SEO Defined:
14.2 BASIC SEO: By upfront payment or a full invoice split over 12 monthly instalments.
14.3 The customer can expect the following:
Access to a dedicated SEO team for support.
‘Generic’ Domain name research, registration for exclusivity (not customer ownership) and management
Home page optimisation focussing on Google
Keyword Research Analysis – to identify keywords which are most useful to assist your campaign
Basic On Site SEO – Includes Meta & Title Tag Optimisation, Code Optimisation and internal link building
Adding you to useful Internet directories at WebsiteUK Ltd’s discretion
Unless otherwise agreed in writing then basic SEO is a one off payment for EXCLUSIVE WebsiteUK Ltd SEO copy to be placed into the customer’s website on an annual basis. The SEO copy is the property of WebsiteUK Ltd and can be removed by WebsiteUK Ltd at WebsiteUK Ltd’s sole discretion.
14.3 Target Page SEO: By upfront payment or an invoice split over 12 monthly instalments.
14.3 The customer can expect the following:
Access to a dedicated SEO team for support.
Domain name research, registration for exclusivity (not customer ownership) and management
Home page optimisation focussing on Google
Keyword Research Analysis – to identify keywords which are most useful to assist your campaign
Basic On Site SEO – Includes Meta & Title Tag Optimisation, Code Optimisation and internal link building
Content Creation – Creation of extra content to target chosen keywords
Being added to useful business directories at WebsiteUK’s discretion
Over the phone reporting approx every 4 months
Extra ‘targeted’ web pages over an agreed trading area.
Unless otherwise agreed in writing then targeted SEO is a one off payment for EXCLUSIVE WebsiteUK Ltd SEO copy to be placed into the customer’s website on an annual basis. The SEO copy is the property of WebsiteUK Ltd and can be removed by WebsiteUK Ltd at WebsiteUK Ltd’s sole discretion.
15. Keyword research is the starting point of the SEO campaign that will allow us to develop an online marketing strategy tailored to suit the precise requirements of the Customer. Nobody knows your business better than the Customer and as such we will require the Customer to outline the range of keywords required to rank the Customer’s Website well.WebsiteUK Ltd will carefully evaluate the Customer’s suggestions and perform rigorous keyword research using effective research tools to realistically assess the strength of suggested keywords. Through keyword research WebsiteUK Ltd aim to achieve a thorough evaluation that will highlight keywords that are relevant and valuable to the Customer. WebsiteUK Ltd will present our findings to the Customer and ensure the selected keywords will bring significant levels of highly quality traffic to the customer’s site through Search Engine Results Pages (SERPs). Upon completion WebsiteUK Ltd will contact the customer to discuss the results of our keyword research and advise you on the most suitable keywords to target whilst bearing in mind the requirements of the Customer. Once we receive confirmation of satisfaction with the results of the keyword research a focused SEO strategy using the agreed keywords can be initiated.
16. The onsite elements of any website are the most important factors to a successful SEO campaign. At WebsiteUK we understand how Google determines the relevancy of a site for particular keywords and as such we can utilise our knowledge to maximise the search potential for the Customer’s business using essential onsite SEO techniques. WebsiteUK Ltd will endeavour to make sure that title tags & meta tags are correctly optimised for each targeted page of the Customer’s website. Unique hand written content and titles will be used to further the optimisation process along with carefully considered internal linking. A sitemap, used by Google’s algorithms to determine the layout of your site, will also be installed, making sure that every relevant page will be indexed by Google.WebsiteUK will endeavour to ensure that the Customers business website is optimised to reach its full potential. *PLEASE NOTE* Our fee for SEO is a one time a year recurring fee for physically providing the SEO ‘copy’ on the customer’s website. This is usually noted in writing, in plain English, within the customers source code and that the SEO copy is the exclusive property of WebsiteUK.net. Customers must cancel having the SEO copy on their website at least 4 weeks to the renewal date in writing. Failure to cancel the removal of the SEO copy in time is subject to the full price agreed being paid in a timely fashion and will be invoiced as such. Using our SEO copy for as little as one day past the renewal date is subject to the full invoice being owed. No exceptions to this agreement will be entertained unless otherwise agreed in writing.
Content Creation and Copywriting Services
17. WebsiteUK will endeavour to create unique, informative & SEO friendly content for the Customer’s website that is hand written by skilled copywriters. WebsiteUK Ltd will endeavour to liaise with the Customer to ensure that the content is relevant, accurate and correctly conveys the Customer’s brand and details of products & services to the reader. WebsiteUK Ltd requires the Customer to provide detailed information about the Customer’s company, product or services and any specialist industry. WebsiteUK Ltd want to make sure the information on the Customer’s website to be optimised within the Agreement is correct.WebsiteUK Ltd high quality content is keyword rich and will be written in a manner which appeals to both Google and the users that will visit the Customer’s Website. This is an integral part of the onsite SEO process.
The SEO Plan described in more detail
18. WebsiteUK Ltd will install Google Analytics on the Customer’s website. This is a powerful tool that can give the Customer detailed insight into the traffic flow to the Customer’s website and allow WebsiteUK Ltd to assess which areas are performing well and those that require improvement. Google Analytics presents users with a vast array of data that WebsiteUK Ltd understand and will use to establish which keywords and traffic sources are bringing high quality, converting traffic to the Customer’s site. It provides valuable insights that WebsiteUK Ltd can use to further the progress the online marketing campaign.Additionally, we will also create a Google Webmaster Tools account for your business website and submit the site to Google using this account. Webmaster Tools is an excellent diagnostic tool which helps us to monitor the health of your website and ensure the visibility of your new site will be maximised. Submission to Webmaster Tools will also ensure your site is properly indexed on Google. Please not that Google often change their algorithms and a Google update can seriously impact a website. There are no warnings as such to when Google will ‘tinker’ with it’s own search engine. Therefore WebsiteUK cannot and will not be held responsible for any failed listings on any search engine. We reserve the right to change a domain name for SEO purposes should we feel this will help with website rankings and listings. If the domain change is generic (rather than the business name) then we will discuss the change of domain name with the customer.
Offsite SEO – Link Building Campaign
19. In addition to the processes outlined above we will embark upon a focused link building campaign to supplement the overall SEO strategy for your website. Establishing a healthy and varied backlink profile will not only significantly boost your overall online presence, but also aid in improving the position of your website in SERPs. This will require WebsiteUK to create high quality backlinks to your site from related sources such as relevant industry directories. We will also make use of Web 2.0 resources to create a wide range of in-content links directed to the website we are optimising for you from appropriate & informative articles. WebsiteUK use white-hat offsite SEO techniques to ensure that your backlink profile is natural and varied with links originating from trusted and well respected sources. WebsiteUK Ltd will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet any and all agreed deadlines. WebsiteUK Ltd cannot be held responsible for any wrongdoing on the part of the Customer or owner and will not be liable or become involved in any disputes between the Customer or owner and the Customer’s or owner’s customers.
Onsite Blogs (If Purchased as a bolt on with Target pages)
20. If the Customer has also purchased an onsite blogging facility (Not part of the standard Target Page Package or SEO Plan) then this will prove to be essential for updating a customer base about new developments in any given industry, news about new products & services that may be introduced. Additionally, an onsite blog will be beneficial for ongoing SEO strategy as Google considers fresh, well written content focusing on a relevant topic to your industry to be a strong indicator of a high quality site.As such, it is important to update a blog regularly with informative articles. WebsiteUK Ltd can assist in creating blog posts and provide instruction on how to create SEO friendly posts that will help to improve the position of a business website in SERPs.
21. If requested in writing by the customer, WebsiteUK Ltd will arrange a schedule with you for regular updates and reports on the progress of the Customer’s site. This will be a phone call and an email with up to date performance statistics quarterly unless otherwise agreed clearly in writing. Please refer to the information we have gathered about the performance o0f the Customer’s site will be presented in order to give a detailed insight into the levels & quality of traffic reaching. Our assessment of this information will allow us to make recommendations on how we should to progress in the coming months to maximise the potential of the site.
Any Questions? Just Get in Touch
22. Please do not hesitate to contact us with any queries you may have about SEO, we’ll be happy to answer your questions and explain the processes involved in an SEO campaign in greater depth.
23. Please remember: It is the Customer’s sole responsibility to notify Website UK Ltd at least 4 weeks prior to any and all renewal dates for any services no longer required with Website UK Ltd. Services included, (but not limited to) annual Hosting, emails, SEO, Domains and SSL Certificates if the monthly value of the agreement is below £500 + VAT per month. Should the monthly value exceed £500 + VAT per month then the cancellation period must be a minimum of three months prior to the renewal date. All cancellations must be sent in writing, by post or email. Any cancellations that are sent to us later than four weeks prior to renewal dates, and any that are sent after the due date of any and all agreed fees will be ignored for said due payment. All further charges for the cancelled service will cease. When a cancellation with at least 4 weeks notice has been received WebsiteUK Ltd will notify the customer and confirm that all services cancelled will be removed from the customer’s account. It is the customer’s sole responsibility to make sure that a written cancellation has been sent and received by WebsiteUK Ltd. Email cancellations are acceptable but any form of postal cancellation letters must be sent via recorded delivery. THE REASON we need cancellation in good time is because in the renewal date we pay renewals for hosting and domains on the customers behalf and we too must cancel these on the customers behalf in good time should they no longer be required. THE REASON SEO must be cancelled in good time is because we need to remove our SEO copy from the website and cover other costs such as domain renewals, social media campaigns. Should the customer be on a monthly payment plan to pay off their invoice and decide they no longer want the SEO copy on their website/or hosting/domain renewals then the customer will be liable for the invoice to be paid in full without exception. For clarity, if one instalment of the payment plan has been paid then the customer is liable to pay off the rest of the invoice either by keeping the payment plan going until the invoice is paid in full or as one lump sum. Although websiteUK Ltd are not obliged, all invoices are sent out by email at least 4 weeks prior to the renewal. It is the customers sole responsibility to cancel any services no longer required on as specified herein. Claims that invoices have not been received will not be accepted. It is the customers sole responsibly to read the terms herein and ensure they are aware of any and all cut off dates for cancellations as specified herein (TIP: Put it in your calendar). The link to these terms are sent with all paperwork to the customer from point of sale onward. If Website UK upload TargetPages software onto a third party location, the customer must provide login details (ftp access) to the third party location so WebsiteUK ltd can add or remove the software, if the customer refuses the customer will be charged until the TargetPage software is removed, plus all SEO copy on the site. If the customer refuses to pay for the SEO copy / TargetPages on their site past the renewal date, even for one day, then the customer will be liable to pay the full invoice.
Reverting a website to a pre-SEO state (the website before we add WebsiteUK Ltd SEO content) and will sometimes place no index/no follow meta tag. WebsiteUK Ltd also reserve the right to ask for the client website to be temporarily removed from the Google index. This is to ensure that all WebsiteUK Ltd’s SEO content is fully removed. All WebsiteUK Ltd SEO content is copyright to WebsiteUK Ltd.
WebsiteUK Ltd take all possible care in only moving the Target Page System plus SEO content and will not be responsible in any way shape or form for any damages, or claims of damages to any other part of the customers website. Refusal to allow WebsiteUK Ltd to have access to the ftp in such cases will be seen as theft and legal proceeding may be brought about, should the customer refuse to pay whilst they are refusing ftp access.
24. SEO Monthly charges.
WebsiteUK ltd offers an exclusive SEO service. When the Customer has agreed to pay the SEO copy for any SEO service on a monthly basis it is the Customers responsibility to ensure that the monthly payment is paid on the 1st of the month by either agreeing that we can use the Customers credit and debit card details or by standing order. Each SEO service or combination of the Service is a once payment to have exclusive WebsiteUK Ltd SEO copy for a period of 12 months unless otherwise agreed in writing. The payment for SEO copy can be a one off payment or spread over 12 months as a payment plan. Customer agrees to the 12 month payment plan period by entering into the agreement unless otherwise agreed in writing. WebsiteUK ltd offers no refunds due to failed listings and accepts no responsibility for any loss of business due to failed listings. We will accept cancellations of the WebsiteUK Google PPC management service but we must receive cancellations in writing at least 4 weeks prior to the 1st of the month. SEO may be cancelled with at least 4 weeks prior notice to the 12 month renewal date. All the customer’s invoices (For all services provided by WebsiteUK Ltd) must be paid in full even when the customer wishes to cancel SEO before the renewal date. Any failures to pay monthlies fees may result in suspension of any and all services Websiteuk ltd provide until full payment of arrears are made. Any late payments or failure to pay may result in surcharges as well as legal action. Please note that cancellation of the WebsiteUK SEO will result in the FULL removal of WebsiteUK Ltd SEO copy including but not limited to Title TAGS, Descriptions TAGS, ALT TAGS, onsite SEO copy, Target Pages and removal from WebsiteUK Ltd Google/Bing web master tools. The customer agrees that WebsiteUK Ltd can temporarily remove the website from Google SERPS via the Google Webmasters tools in order to remove any cached versions of the site holding WebsiteUK Ltd’s SEO copy. The customers website will then immediately be resubmitted for google indexing with a nofollow/no index tag returned to the coding, unless otherwise agreed between the customer and WebsiteUK Ltd in writing. This process could result in the customer’s website not showing from a number of minutes to a number of days under the customers business name search. The work of removing SEO copy from the customer’s website is not a “light switch solution” and is a hands on procedure. Therefore the customer may find Google listing disappear DURING the last 4 weeks of the agreement. WebsiteUK Ltd are not and will not be held responsible for any loss of listing from ANY search engine (Mainly Yahoo/Bing and Google) and are not and will not be held responsible for any loss of business to the customer. Should the customer re-order WebsiteUK Ltd SEO copy after a cancellation then WebsiteUK Ltd cannot guarantee the listings will be regained nor guarantee that the original SEO copy fee will remain the same.
24 (b) Target Page (Geo-targeted SEO) Monthly charges.
WebsiteUK ltd offers an exclusive Geo Targeted SEO service which is branded as TargetPagesTM. When the Customer has agreed to pay for the TargetPages service the invoice is either paid up front to cover each 12 month period or it is paid monthly as a monthly payment plan. If the invoice is paid as a monthly payment plan it is the Customers sole responsibility to ensure that the monthly payment is paid on the 1st of the month (or another part of the month if agreed in writing) by either agreeing that we can use the Customers credit and debit card details or by standing order. The TargetPages service or combination of the service is a once payment to have exclusive WebsiteUK Ltd SEO copy for a period of 12 months unless otherwise agreed in writing. The customer agrees to the annual payment plan period by making their initial payment of the invoice unless otherwise agreed in writing. WebsiteUK ltd offers no refunds due to failed listings and accepts no responsibility for any loss of business due to failed listings. We will accept cancellations of the TargetPages service but we must receive cancellations in writing at least 4 weeks prior to the 1st of the month when a new invoice would be due to be paid to cover the following 12 month period. All the customer’s invoices (For all services provided by WebsiteUK Ltd) must be paid in full even when the customer wishes to cancel TargetPages before the full 12 month period is used up. Any failures to pay monthlies fees or outstanding fees may result in suspension of any and all services Websiteuk ltd provide until full payment of arrears are made. Any late payments or failure to make payment may result in surcharges as well as legal action. Please note that cancellation of TargetPages will result in the FULL removal of WebsiteUK Ltd’s TargetPages physical pages plus any SEO copy/TargetPages links on the customer’s main site including but not limited to Title TAGS, Descriptions TAGS, ALT TAGS, onsite SEO copy, Target Pages and removal from WebsiteUK Ltd Google/Bing web master tools. The customer agrees that WebsiteUK Ltd can temporarily remove the website from Google SERPS via the Google Webmasters tools in order to remove any cached versions of the site holding WebsiteUK Ltd’s SEO copy. The customers website will then immediately be resubmitted for google indexing with a nofollow/no index tag returned to the coding, unless otherwise agreed between the customer and WebsiteUK Ltd in writing. The work of removing Target Pages and any SEO copy from the customer’s website is not a “light switch solution” and is a hands on procedure. Therefore the customer may find Google listing disappear DURING the last 4 weeks of the agreement. Should the customer request early termination with immediate affect then WebsiteUK Ltd reserve the right to immediately begin the process of removing TargetPages and any SEO copy from the customers website. Early termination of TargetPages or SEO will also require that all outstanding invoices be paid in full, without exception. To clarify: The customer may decide to cancel TargetPages or SEO one month into the payment plan. In such cases the customer understands that the customer is obliged to pay off the rest of their outstanding invoice in FULL at the time of their cancellation. The customer understands that WebsiteUK Ltd will not be able to pass over any website files, domain transfers or whatever other attributes to the customers new web providers until all invoice are paid off in full. There will be no exceptions unless otherwise agreed in writing. WebsiteUK Ltd are not and will not be held responsible for any loss of listing from ANY search engine (Yahoo/Bing and Google being the main search engines) and are not and will not be held responsible for any loss of business to the customer. Should the customer wish to re-order or reinstate WebsiteUK Ltd TargetPages/SEO copy after a cancellation then WebsiteUK Ltd cannot guarantee the customer’s listings will be regained nor guarantee that the original TargetPages SEO copy fee will remain the same.
25. Cancellation of Website and Resale:
All Mark-up, scripts and coding for this website (excluding any 3rd party scripts) for layout, content, style, functionality and search engine optimisation are copyright to WebsiteUK Ltd. None of the aforementioned may be reproduced or changed without express permission from WebsiteUK Ltd. Should the Customer cancel any and all website UK Ltd Services without moving/transferring the Customers website to a new hosting provider then Website UK Ltd reserve the right to take down the Customers website in full. This includes cancelling domain names and removing all web files from our servers. Should Website UK ltd have no notification in writing from the Customer within 7 days of any cancellation then WebsiteUK Ltd at its own discretion may reclaim copyright and ownership of the website in such cases and Website UK at its own discretion may continue to host the Customers cancelled website and alter the content to resell the website in full to a third party with no recompense to the Customer unless otherwise agreed in writing. In such cases where the Customer cancels the website and Website UK Ltd continue to host the website for resale purposes then website UK will not accept and not be responsible for any further recompense to the Customer. The Customer will also not be liable for any further costs to the website for hosting or content changes once the website has been cancelled in full. If there are any outstanding invoices to the Customer after cancellation or none payment (refusal by the Customer to make payment) Website UK Ltd reserve the right to chase down such debts even after the cancellation date. Should domain names be cancelled, the website files removed, or the website has been reclaimed by Website UK Ltd the outstanding invoices must still be settled. Please read these terms in full to understand your legal obligation to pay outstanding debts including surcharges for late payments.25.1 WebsiteUK Ltd reserve the right to withdraw from any contract/agreement due to late payments, abusive customer’s or any other reason WebsiteUK Ltd sees will affect the operational functionality of the business without any recompense to the customer.
26. (a) Important: We DO NOT register ‘generic’ domain names in the Customer’s name, unless otherwise agreed in writing. Domain names are registered by WebsiteUK Ltd and we have a bank of useful generic domain names at our disposal. By agreeing to our SEO services we sometimes offer a good generic domain name giving the Customer exclusivity but not ownership and generic domain names are part of WebsiteUK’s approach to getting good SEO results for the customer. There are no exceptions to this unless otherwise agreed in writing. Any overdue invoices or unpaid invoices may result in a termination of all services to the Customer and WebsiteUK Ltd removing all exclusivity. Any domain names that are clearly the Customers business trading name will be returned to the Customer’s ownership once any and all outstanding bills are paid including admin/transfer fees.
26.(b) Generic domain name Registration ownership: WebsiteUK Ltd often research and purchase domain names for use with SEO. Any and all generic domain names with any suffix are in the name of WebsiteUK Ltd. There are no exceptions to this unless otherwise clearly agreed in writing between WebsiteUK Ltd and the Customer. This means that WebsiteUK Ltd exclusively own any and all domain names WebsiteUK Ltd registers unless otherwise agreed in writing. Should the customer cancel the SEO service WebsiteUK Ltd reserves the right to remove all WebsiteUK Ltd’s SEO copy from the clients site and return the site to a ‘pre-SEO site’ plus keep the ownership of generic domain names that have been research and registered by WebsiteUK Ltd. In such cases it is the customers sole responsibility to host their website on an alternative domain name or purchase the generic domain name from WebsiteUK Ltd. Unless Website UK Ltd deem the generic to be of high value the rule of thumb will that the generic domain name can be purchased for 3 x the annual SEO fee.
26.(c) For extra domains registered for or on behalf the client either by way of existing domains transferred into WebsiteUK by the client or new domain registrations WebsiteUK Ltd has made on the client’s behalf the client is responsible to pay the renewals including WebsiteUK domain renewal costs on annual basis. As some domains renew on a two year basis some invoices sent to the client will be retrospective.
27. Website UK Ltd acts as the broker and include domain names in the hosting package unless otherwise agreed, such as redirects, or domain name parking.
28. Should the Customer be in debt of any and all Services provided by WebsiteUK Ltd, via the agreed annual or monthly fee for domain names with or without hosting, Website UK Ltd reserve the right to cancel the agreed domain names and shall not and will not be held liable for any loss of business by the Customer.
29. Website UK Ltd reserves the right to recoup any unpaid fees by the Customer even after cancellation of agreed domain names, suspension/or removal of hosting, email accounts, SEO or any other service provided to the customer until such time late payment and/or disputes about payment fully resolved.
30. Minor additions: Minor additions to the brief will be carried out at the sole discretion of WebsiteUK Ltd and where no charge is made by WebsiteUK Ltd for such additions by agreement with the customer. WebsiteUK Ltd accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions. Minor edits on request to an existing website created and hosted by WebsiteUK Ltd are one of the following:• Change to opening times or equivalent features.• A correction of a spelling mistake or other ‘typo’.• A change to or addition of a telephone/fax number, email address or postal address.• A change to prices (limited to first 10 products on the site and thereafter chargeable).• A change to a photograph when it simply is to replace an existing photograph and does not interfere with the page design.Any changes that are involve change whole bodies of text or require any amount of redesign work will be chargeable by WebsiteUK Ltd.
31. Refunds. Cancellations of an order of any and all WebsiteUK Ltd products and/or services must be made within five days of the customer commissioning the website design, hosting, advertising, both external third party advertising, and onsite advertising, marketing, or any other service from WebsiteUK Ltd, otherwise no refund can be made nor will the request of a refund, after the five days cooling off period, be entertained. Cancellations made within five days will be subject to a charge, when expenses have been incurred in respect of additional expenses from third parties including but not limited to: stock photography; electronic commerce software; online transaction processing solutions; domain name registration; web space; Internet connection, server fees, hosting fees, research time. Cancellations may incur an additional £20 + VAT fee for administration costs and administrations time. Should WebsiteUK Ltd have begun any agreed work for the customer before the five day cooling off period then the customer will lose any opportunity to cancel and no refunds will be entertained. Beginning work constitutes but is not limited to research, domain name registration, implementation of hosting services, building our unique holding page, SEO implementation and PPC services (Should they apply). Where possible third party products will not be purchased until the design has been approved. All such cancellations must be in writing and post dated or sent by email within five working days of the customer agreeing the completed website, otherwise refunds will not be entertained.
32. Once a website design has been commissioned the customer is bound to pay all agreed costs in a timely fashion. Once the initial design (proof, screen shot, concept) has been completed and approved, any final balance of payment due is then payable in accordance with our payment terms. WebsiteUK Ltd have a three strikes and out policy. Reminders for next stage progression of any and all design proofs, web designs plus builds will be sent by email to the client. Should the client fail to respond by the third email and or not respond to telephone requests, then WebsiteUK will put the website live as it is. Be aware that all outstanding balances are due from the point of the initial proof design being approved, in writing or verbally. There are no exceptions to this, i.e. If the customer decides they no longer want the website after they have commissioned the work, paid a deposit and approved the design (in writing by email or other), they are still obliged to pay for the website that has been commissioned. Non payment will result in legal action being taken.
33.1 On completion of work, the website designs will be uploaded to the customer area of WebsiteUK Ltd for approval under the terms of the guarantee. Where the customer’s site is being hosted by a third party other than WebsiteUK Ltd third party hosting then WebsiteUK Ltd reserve the right to delay uploading of the website design until full payment has be received for all agreed work to be undertaken.
33.2 Where WebsiteUK Ltd design confirmation requests are ignored by the client for an extended period (with a minimum of three written (email) requests for conformation by WebsiteUK Ltd) then the following procedures will happen where appropriate:
(a) When a deposit has been made the balance of payment will be taken. The website, either at design stage, or at build stage, will be put on hold till the client responds.
(b) If full payment has been made the website, either at design stage, or build stage, will be put on hold until the client responds
The client will receive a third and final email in both cases outlining these terms.
34 Revisions. WebsiteUK ltd will give up to three revisions of a website design. It is the customers sole responsibility to make clear and concise pointers, in writing, to anything they may not like. After three revisions WebsiteUK reserve the right to refuse a fourth revision without any recompense to the client. In extreme cases where there has been no clear and concise written direction by the client WebsiteUK ltd reserve the right to put the job on permanent hold. Should the client require another revision after the third revision the client accepts that WebsiteUK may charge accordingly for any further work and the client is obliged to put any further changes in writing per request of change.
34.1. The WebsiteUK Ltd annual hosting fee is designed to be suitable for typical small business use. It is not suitable for any site which makes heavy use of bandwidth through use of multimedia or otherwise, or which attracts a mass market audience. WebsiteUK Ltd therefore reserves the right to immediately withdraw from, or renegotiate hosting services with, any Customer whose use of bandwidth or storage space is deemed by WebsiteUK Ltd as inappropriate to the basic WebsiteUK Ltd hosting service.
34.2. WebsiteUK Ltd will not allow WebsiteUK Ltd hosting facilities to be used for illegal, immoral or distasteful websites. The Customer agrees that any content introduced to the site may be inspected by WebsiteUK Ltd without hindrance and notes that hosting may be withdrawn without notice if such content is found.
34.3. WebsiteUK Ltd hosted domain name(s) offer maximum web space storage of up to 1GB. WebsiteUK Ltd DO NOT offer email set up and support and highly recommend that the customer uses third party email services. (For ‘example’ office 365). Website UK Ltd accept no responsibility or liability for the customers emails set ups. Emails are entirely the customers responsibility and WebsiteUK Ltd are not and will not be held responsible for emails lost, any down time, loss of business, extra costs or any other loss or data corruption in any way shape or form. Should the customer not use a third party email provider WebsiteUK Ltd then reserve the right to charge, at our discretion. for time taken on helping clients with their emails.
34.4 No guarantees can be made as to the availability or interruption of any web hosting service provided by WebsiteUK Ltd and WebsiteUK Ltd cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. WebsiteUK Ltd do not offer 24/7 support for hosting services.
34.5. WebsiteUK Ltd reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting services controlled by WebsiteUK Ltd should the necessity arise.
Website File Transfers
35. WebsiteUK Ltd will accept the transfer of Website Files from WebsiteUK Ltd’s servers to a new server provider’s servers with the following rules:
35.1 The customer has no outstanding balances on their account with WebsiteUK Ltd.
35.2 WebsiteUK Ltd are not and will not be liable for any files that may become corrupted during the transfer process.
35.3 WebsiteUK Ltd are not and will not be liable for any missing data as a result of the transfer process.
35.4 WebsiteUK Ltd are not and will not be liable for any future updates or fixes to the website.
35.5 Where necessary any SEO content is removed prior to the website transfer by WebsiteUK Ltd. Any SEO content copied and pasted back into the website after the transfer process will be seen as a breach of WebsiteUK Ltd’s copyright and be taken very seriously.
36.6 In cases where the customer is still paying for an SEO services from WebsiteUK Ltd we must then be given full ftp access by the new server provider to access said website.
37. Law: GOVERNING LAW AND JURISDICTION This agreement shall be governed by and construed in accordance with the law of England and Wales and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales.
39. Website fees and domain name registration: Full payment of the total hosting fee and domain name registration is due to be paid in advance with the order of a website design with WebsiteUK Ltd, unless otherwise agreed. Hosting fees will be paid on an annual rolling basis. The customer may cancel the following year’s WebsiteUK Ltd hosting at any time during the period leading up to the time of renewal. Any such cancellation must be in writing and post dated or sent by email at least 4 weeks prior to the renewal date. Any written hosting cancellations received that have not been post dated at least 4 weeks prior to the renewal date will not be entertained and the hosting will be automatically renewed at the original agreed price per annum. The customer agrees that WebsiteUK Ltd may retrieve the annual hosting fee with the credit/debit card details supplied by the customer at the time of ordering WebsiteUK Ltd hosting. Should the customer wish to use alternative payment methods then it is the customer’s sole responsibility to put any new payment methods into place in time for the hosting renewal and to inform WebsiteUK Ltd of such changes by phone/post or e-mail. WebsiteUK Ltd also reserves the right to levy an eight per cent surcharge per day from the date that the payment is due on the amount due per day which will be recoverable from the customer. WebsiteUK Ltd undertake that it will not pass the details of any credit card or debit card on to any other parties.
40.(a) WebsiteUK Ltd reserves the right to alter hosting fees as and when on a per annum basis and must inform the customer in writing at least 4 weeks prior to the renewal date of any and such changes to pricing. If WebsiteUK Ltd fails to inform the customer of alterations to hosting fees then the customer must only pay the agreed original hosting fee until any further notification of price changes from WebsiteUK Ltd.(b) WebsiteUK Ltd is entitled to use the payment details provided to take payment from the customer for any services that are not cancelled in accordance with the correct procedures referred to herein.(c) Domain name Transfers: Any and all domain name cancellations that involves transfer ‘out’ requests will be liable to a cancellation/administration charge of £40 + VAT per domain name. Transferring domain names ‘in’ to Websiteuk Ltd is free.(d) WebsiteUK Ltd may, at their discretion (but are not obliged to) send reminders that agreed annual domain name(s) and hosting fees are due either by phone/fax/email to the customer. Website UK Ltd automatically continue the renewals in order that WebsiteUK Ltd can satisfactorily complete the customer’s agreed domain name(s) and web hosting renewals without interruption. It is the customer’s sole responsibility to notify Website UK Ltd at least 4 weeks prior to any and all renewal dates for services no longer required with Website UK Ltd.
41. The customer agrees that it is the customer’s responsibility to pay invoices on their due date. It is the customer’s responsibility to ensure funds are available to make payment in full on the invoice due date. Failure to pay invoices on the due date will result in the following procedures:(a) A first email and phone call to collect outstanding payment.(b) A second email and phone call to collect the payment if WebsiteUK Ltd are still owed monies. The second email and phone call.(c) A third email and phone call. This will be WebsiteUK Ltd’s final email and phone. (d) After 30 days if full payment has not been received within a further 7 days of the 30th day we will suspend all services to the customer and seek to take legal action.
41.1. There will be a £10 admin charge added to outstanding amounts each time a posted (Solicitors) letter is sent to the customer regarding overdue invoices. Please make sure you pay promptly and in good time to avoid these charges.
Suspension of Services
42. Website UK Ltd reserve the right to suspend any and all provisions of services due to any outstanding payments or late payments, (including monthly instalments on any and all invoices) including but not limited to SEO, TargetPages SEO, PPC, Hosting, Design, Video and Support. When the customer is outstanding or late with invoiced payment of any and all services Website UK provide the customer agrees that it is the customer’s responsibility to pay invoices as per agreed payment terms. The terms are clearly stated on the invoice. We will suspend the provision of any and all services (including multiple accounts) at our discretion from after 7 days of the invoice due date or after seven days of a late payment on a monthly instalment and will only resume services when outstanding invoices have been paid in full or any other outstanding payments to Website UK ltd have been fully resolved. WebsiteUK Ltd reserve the right to place a ‘Website Suspended’ holding page over the client’s website along with the client’s business name. Such ‘Website Suspended’ pages will only be removed when any and all outstanding/late payments are made for any and all services provided by WebsiteUK Ltd. Reminder: Although we try to work with our clients if they are having payment options should the client refuse to keep up payments or make full settlements then we reserve the right to take steps to recover our money via our debt collection agency. The client will then be responsible for any additional charges, daily interest and potential, late payment fees and potential court fees. At our discretion refusal to pay will also include the client ignoring resolution emails from WebsiteUK Ltd (Also trading as WUKmedia/WUKBUK/Industry Standard Websites/TargetPages), ignoring phone calls or general indifference (or rude behaviour) regarding the debt.
43.1 WebsiteUK Ltd cannot and will not be held responsible by the customer for any loss of business due to a suspension of services or loss of Google listings.
43.2 WebsiteUK Ltd reserve the right to suspend all services provided to the client in the event of monthly payment plans on full invoices being more than 30 days past the payment due date. Payment due dates are the 1st of the month unless otherwise agreed in writing. Services will be resumed on payment (or back payment of outstanding monthly payment plans).
Informal Complaints Procedure
44. Anyone who experiences a problem with their web service provided by WebsiteUK Ltd should raise the matter directly using our online contact form or by email or telephone, giving sufficient information to locate the material (such as a URL) and clearly outlining the grounds for complaint.45. WebsiteUK Ltd will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal Complaints Procedure
46. A formal complaint should be made in writing to WebsiteUK Ltd and should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally. WebsiteUK Ltd will acknowledge receipt and ensure that the matter is looked into as soon as possible.
47. WebsiteUK Ltd reserves the right to amend and/or update the terms of the agreement set herein at any time without prior notice being given to the customer.
48. WebsiteUK Ltd advises that the customer thus checks the terms and conditions herein on a regular basis.
49. This Agreement constitutes the entire Agreement of the parties relating to the subject matter addressed in the agreement. The Agreement supercedes all prior communications, contracts or agreements between the parties with respect of the subject matter addressed in the Agreement whether oral or written.
50. This Agreement excludes the rights of any third parties to bring any action under the Agreement or otherwise.
51. There will be a £10 admin charge added to outstanding amounts each time a posted (Solicitors) letter is sent to the customer regarding overdue invoices. Please make sure you pay promptly and in good time to avoid these charges.
52. Cancellation of TargetPAgesTM/SEO. Should the client cancel the WebsiteUK Ltd/WUKmedia TargetPagesTM system then the cancellation must be in writing at lease 4 weeks prior to the invoice renewal date. Invoices are sent out electronically by email and give the client ample time to decide if they wish to continue with the service. Once a cancellation is made the client is solely responsible for providing WebsiteUK Ltd/WUKmedia with the new IPS for the domain the free website is hosted on. All domains will be owned by WebsiteUK Ltd/WUKmedia but will be returned to the customer at no extra charge once the new IPS TAG has been delivered to WebsiteUK Ltd/WUKmedia. The client also has the option to continue hosting the website with WebsiteUK Ltd/WUKmedia for our current fee of £150 + VAT per annum, but are not obliged to do so should the client want to transfer elsewhere. Domain transfers will be frr of charge as will passing the free website files over to anew provider, minus WebsiteUK Ltd/WUKmedia SEO/TargetPagesTM which remain the property of WebsiteUK Ltd.
53. Interest on late commercial payments
The interest WebsiteUK Ltd will charge (In accordance with late payment legislation) if the client/customer/business is late paying for goods or a service is ‘statutory interest’ – this is 8% plus the Bank of England base rate for business to business transactions.
- divide £85 by 365 to get the daily interest: 23p a day (85 / 365 = 0.23)
- For example after 50 days this would be £11.50 (50 x 0.23 = 11.50)
WebsiteUK Ltd will also charge a fixed sum for the cost of recovering a late commercial payment on top of claiming interest from it.
The amounts (exc VAT) will be as follows (and in accordance with Government guidelines).
|Amount of debt||Charge|
|Up to £999.99||£40|
|£1,000 to £9,999.99||£70|
|£10,000 or more||£100|
These amounts are set by late payment legislation.
At the sole discretion of WebsiteUK Ltd a charge of £20 + VAT for every email we are forced to send if and when a dispute arises.
WebsiteUK Ltd, may also charge further costs for phone calls or any other time that is taken by the client during a dispute of a debt should it be clear the the client is at fault.
Phone Calls £50 + VAT per hour
Miscellaneous to be itemised and invoiced as and when necessary.
Any and all Debt Collection Agency Fees WebsiteUK Ltd are faced with will be invoiced to the client.
The customer/client/business will be made aware and informed in writing (email) prior to any of these charges being implemented.
Compliances with Nominet
WebsiteUK ltd/WUKmedia register most domains (especially generics in WebsiteUK Ltd/WUKmedia’s name). However if the domain you have with us is registered in your name please read the below T’s & C’s.
Please contact WUMedia using one of the contact methods below, outside of office hours please email us at firstname.lastname@example.org . We will endeavour to respond to all points of contact within 1 business day and aim to resolve any issues you have within 5 business days.
- Email contact point for abuse complaints – Please see below.
If you wish to raise a complaint about abuse you have received (phishing scams, spam emails etc), please contact us at email@example.com with as much detail about the abuse. We will investigate your complaint immediately or within 1 business day and aim to resolve any issues about abuse with 5 business days.
Here at WebsiteUK ltd/WUKmedia we like to think we get it right all the time, every time but the truth of it is everyone gets it wrong from time to time. We can only improve on our services with valid feedback from you, our customers.
If you wish to make a complaint about a service you have received, please submit an email to us at firstname.lastname@example.org including as much detail from the issue you have. We will acknowledge your complaint within 1 business day and aim to resolve any issues within 5 business days.
If you’re not happy with the initial outcome of your complaint, then please feel free to escalate your issue to Nominet (the .uk registry) here: http://www.nominet.uk/go/terms
- T&C’s for registrants including Nominets domain name registration T&C’s: http://www.nominet.uk/go/terms
All domains are renewed on an annual basis, we will send out reminder emails 60 days before expiry. We will send the emails to the email address on the account, it is the registrants responsibility to make sure their contact details are up to date.WebsiteUK ltd/WUKmedia take no responsibility if your domain renewal fails due to your contact details being incorrect. If you do not wish to renew a domain please make sure you contact us a minimum of 14 days before your domain expires by emailing us at email@example.com. All domains will be auto renewed 14 days in advance of the domain name expiring and will be billed 30 days in advance.
If you do not renew your domain before its expiry date it will have all services we provide suspended and you will have up to 30 days (protected period) after to renew the domain name at the original renewal fee. Please log into the client portal area to view renewal fees. After 30 days your domain will be suspended and will go into a 60 day grace period which you can still renew your domain name but with an additional redemption fee of £60 + VAT. This must be requested by email before the 80th day after your domain has expired, after 90 days your domain will be cancelled and deleted from the register and made available for resale through a third party registrar. WUKmedia will not guarantee the renewal of a domain name.
N.B. 2 Due to running costs, Websiteuk ltd are now taking monthly payments during the last week of the month, instead of during the first week of the month.