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Terms
This Agreement is between you "the client" and Kevin John Lewis "the supplier". Both the client & the supplier are subject to these Terms and Conditions and these terms commence on the date that the client is first provided with the services of the supplier.
Please note that our liability is limited as set out in clause 7 below. The clients attention is specifically drawn to this clause prior to entry into the Agreement.
1 Search Engine Optimisation Services
1.1 The supplier carries out search engine promotion techniques in strict accordance of what has proved to be safe and effective, and of the terms and conditions of the major search engines - however the supplier does not give any guarantees regarding search positions or traffic levels that will result from the suppliers services.
1.2 The supplier cannot take responsibility for any action taken by Google or any other search engines for any reason, including a drop in ranking, loss of pagerank, or exclusion.
2 PAYMENT
2.1 All payments must be in UK Pounds Sterling unless specifically agreed otherwise in writing between the client and the supplier. Payment must be received in full prior to work taking place.
2.2 All charges payable by the client for the services provided shall be in accordance with the quotation provided by the supplier.
2.3 There is currently no VAT payable, as the supplier is not currently VAT registered. When the supplier does become VAT registered, the client will be informed, and all future prices will be modified to include VAT.
3. DOMAIN NAMES
3.1 The supplier does not take responsibility for the clients domain name. All issues to do with domain names are the clients responsibility, including any potential trademark or copyright dispute with a third party, renewals, and all other issues regarding the domain name.
4 WEB SITE HOSTING
4.1 The supplier takes no responsibility for the clients website hosting. All hosting issues remain between the client and the clients hosting provider.
4.2 If the supplier does agree to come to an arrangement to also provide hosting for the client, a separate set of terms will be provided covering the hosting.
5 CONTENT AND IMAGES
5.1 The client takes full responsibility for all of the content held on the website provided - the supplier takes no responsibility for any of the contents of the clients website.
5.2 The client takes full responsibility for any graphics that the supplier places on the website at the clients request, or that the client places on the website themselves. The client undertakes to only provide and upload images which they have the rights to display, and the supplier does not take any responsibility for potential copyright infringements.
6 WEB SITE DESIGN
6.1 Where the client has requested the suppliers web site design services the client is deemed to have accepted these terms and conditions prior to design work commencing.
6.2 The supplier reserves the right to apply additional charges where the clients design requirements are unusually complicated, or have changed from those included in the original quotation and discussions. If there is any dispute regarding what the original specifications were, the description of what is included in the design offered shall be deemed to be the description offered on the suppliers corresponding web design page at the suppliers website at http://www.searchengine-promotion.co.uk. Once the supplier has commenced work on design the client will be deemed to have accepted all proposed fees.
6.3 The supplier will seek to obtain the clients approval for all artwork, design, copy and layouts produced in the provision of Services. The client will be responsible for checking all such materials.
6.4 In no circumstances may any work which is unfinished be used, reproduced or published without prior approval from the supplier.
6.5 The supplier's design services do not include any inputting or formatting of page text and other content unless this has been explicitly agreed in writing.
6.6 In the case of web design projects that have been carried out for the client as part of a project involving a third party, including projects that have been designed by a third party, the client understands that they are also agreeing to the terms and conditions of the third party - and that the supplier does not take responsibility for any terms and conditions of any third party involved in a project, nor does the supplier take responsibility for any disputes that may occur between the client and any third party.
6.7 The supplier will at all times be entitled to use for purposes of promotion any or all parts of commissioned work produced for the client or any description or illustration or such work.
7 LIMITATION OF LIABILITY
7.1 Neither party will be liable to the other, whether in contract nor otherwise, for any loss or damage which is:
7.1.1 not the fault of the other party;
7.1.2 indirect;
7.1.3 not reasonably foreseeable;
7.1.4 a loss of business profits, savings, revenue use of goodwill or for any loss or corruption of data whether caused to the other party through any breach of these terms and conditions or any matter arising under them.
7.2 The supplier limits legal liability to the client up to a maximum of the charges paid by the client in respect of the Services per claim or series of claims for any loss or damage which is:
7.2.1 direct financial loss;
7.2.2 direct physical damage to or loss of property resulting from our breach of contract or negligence while providing the Services.
7.3 The supplier will not be liable to the client if the supplier is unable to perform an obligation or provide the Services to the client because of any factor outside of the suppliers control, including but not limited to acts of god, industrial action or default or action of a third party, war, terrorist act, governmental act, governmental action or by any act or decision made by a court of competent jurisdiction.
7.4 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.
7.5 In any event, no claim shall be brought unless the client has notified the supplier of the claim within 30 days of the claim arising and the client agrees that the supplier will not be responsible for any loss or damage that may arise if the client fails to take such action.
7.6 The supplier will not incur liability for any errors not corrected by the client in the proofs or prototypes submitted the suppliers approval.
7.7 The supplier will not be liable to the client for any infringement or alleged infringement of third party industrial or intellectual property rights arising from the incorporation into a project of any material at the clients request.
7.8 The supplier is not responsible for any consequences resulting from the client's failure to provide notice or receive consent from such individuals nor for the client providing outdated, incomplete or inaccurate information.
7.9 The client shall indemnify the supplier, and keep the supplier indemnified and hold the supplier harmless from and against any breach by the client of these terms of business and any claim brought against the supplier by a third party resulting from the provision of Services by the supplier to the client and the clients use of the Services including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by the supplier in consequences of the clients breach or non-observance of this Agreement.
8 PRIVACY
8.1 The clients represent and warrant that the client has provided notice to, and obtained consent from, any third party individuals whose personal data has been supplied to the supplier.
8.2 The client further agrees to provide such notice and obtain such consent with regard to any third party personal data supplied to the supplier in the future.
9 HEADINGS
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
10 ENTIRE AGREEMENT
10.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between the supplier and the client relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral.
10.2 In agreeing to these terms and conditions, the client has not relied on any representation other than those expressly stated in these terms and conditions and the client shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
11 RIGHTS OF THIRD PARTIES
Nothing in these terms and conditions shall confer any rights on a third party to enforce the terms of this contract. The Contract (Rights of Third Parties) Act 1999 does not apply to this contract.
12 SEVERABILITY
If any of these terms and conditions are not legally enforceable the other terms will not be affected and the supplier reserves the right to replace the term which is not legally effective with one that is.
13 ASSIGNMENT
The supplier may assign benefits under these Terms and Conditions to a third party or subcontract any of the Services. The client may not assign benefits under these Terms and Conditions to any third party unless consent has been given in writing by the supplier (such consent not to be unreasonably withheld).
14 LAW
This Agreement shall be governed by and construed in accordance with English law and the client hereby submits to the exclusive jurisdiction of the English courts.
15 DEFINITIONS
The supplier means Kevin John Lewis.
The client means the person, company or business using the Services.
Services means the provision of website marketing services, web site design, or any other product or service offered by the supplier.
ISP means Internet Service Provider
Agreement means the agreement between the supplier and client governed by these terms and conditions
Terms and Conditions means these terms and conditions