Updated: 8th April 2007
To keep things simple for everyone we’ve made our terms and conditions very simple. There’s no legal jargon and no complicated bits to understand. It’s important that you read these terms so please take a few minutes to read through them now as by agreeing to our service provision either verbally or within a written contract or service level agreement you accept our Terms and Conditions.
WebOptimising works to increase performance of clients websites at all time. However due to the nature of our industry, changes made by third parties or changes made to search engine processes, we can not be held responsible for any decrease in traffic which may be caused.
In this agreement the words and phrases below have the following meanings unless the context requires otherwise:
“I.P” intellectual property includes provision of scripts from WebOptimising.com for the benefit and use of the client which are wholly owned by WebOptimising.com unless otherwise stated.
”Confidential Material” will not be divulged to third parties unless agreed in advance by either party.
“Design” work provided by WebOptimising.com providing account payment is not in arrears is wholly owned by the client. WebOptimising.com market reporting and web management systems will be hosted on our server which can externally feed website updates to clients external servers.
“Domain Names” or URL’s secured by WebOptimising.com for clients remain in the legal ownership of WebOptimising.com until paid for by the client unless paid for in advance. We provide a service to help you find and register your chosen domain names, and then help you to renew the domain name when it’s due for renewal but accept no liability if you fail to renew the domain name. The ownership and full responsibility of the domain name is yours for as long as you continue to pay for it. As owner, you are ultimately responsible for ensuring correct use, registration and renewal of all domain names and services is carried out.
“Content Provision” will be written for uniquely for clients websites when required for marketing purposes.
Web Optimising does everything possible and practical to ensure we maintain as close as possible to a 100% uptime record across our network. Due to the nature of computers and software however, there are times when systems have to be restarted and / or updated.
We can not accept any responsibility for any loss of traffic, data and / or income caused through your website being offline for any reason.
We cannot provide access to websites / emails or services to any other third parties other than our client, even if the client is not the domain owner, without express permission in writing from the client.
Weboptmising can not be held responsible for any changes made to client websites. We amend website designs / content at the request of the customer. It is the customers responsibility to ALWAYS ensure they have a backup copy of their website prior to changes being made.
Dispute of Invoices:
All invoices are considered agreed unless disputed within 7 days of receipt. All invoices will be issued by post and/or electronically sent to a nominated email address.
WebOptimising.com “Payment Terms” are strictly 21 days from the start of each month invoice which remunerates that months delivered services unless otherwise stated by specific client circumstance. Any services not paid for in full within our payment terms will be automatically suspended. Domain names not paid for in full will automatically be suspended on their date of expiry. Domain names which have passed their point of expiry can incur additional fees to reactivate.
We reserve the right to charge interest on any late payments. This will be charged at 1% above base rate.
Failure of Service:
If WebOptimising fails to deliver services based on specific client service level agreements the client should provide written notification of its failings to WebOptimising. WebOptimising will then be given 30 days to satisfactorily rectify this problem.
A clients service agreement can be terminated by either party after 1 months written notice unless stated otherwise in specific contracts or client service level agreements.
Disputes - Any dispute relating in any way to your visit to the website or the service you accept to be provided by WebOptimising shall be submitted to our confidential arbitration in Bournemouth, UK, except that, to the extent you have in any manner violated or threatened to violate Weboptimising Ltd's intellectual property rights, Weboptimising Ltd may seek injunctive or other appropriate relief in any part of the UK, and you consent to exclusive jurisdiction and venue in such courts.
Please review our other policies, such as our Privacy and Copyright Notice posted on the website. These policies also govern your visit to the website. We reserve the right to make changes to the website, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.