The Order constitutes an offer by the Client to purchase the Services in accordance with these Terms. The Client shall ensure that the terms of the Order and any relevant Specification are complete and accurate.
The Contract constitutes the entire agreement between Marketing Station to provide the Services to the Client and for the Client to purchase those Services verbally or in writing, in accordance with these Terms.
Marketing Station warrants that it will provide the Services as stipulated in the Order using reasonable care and skill to conform in all material respects with the Specification. Giving no guarantees in any Google related results.
Marketing Station shall use all reasonable endeavours to meet any performance dates specified in the Order but any such dates shall be estimates only and time shall not be of the essence for the provision of the Services. Marketing Station shall not be liable for any delay in delivery of the Services caused by events or the Client’s failure to provide Marketing Station with adequate delivery instructions or any other instructions relevant to the supply of the Services.
Marketing Station shall have the right to make any changes to the Services which are necessary to comply with any applicable law.
If a client wants to terminate any service with Markering Station (a) Month by Month terms require termination in writing with a 1 month notice period, all invoices for the final month need to be paid on time as per these terms. (b) 1 2 month terms will require a full payout of the months remaining within 1 4 days of written termination
Marketing Station have the right to terminate any services to any client if the conduct of the client is abusive or in a bullying nature with no notice period required.
The Client shall provide assistance and technical information to Marketing Station, as reasonably required by Marketing Station in sufficient time to facilitate the execution of an Order in accordance with any estimated delivery dates or milestones. The Client shall have sole responsibility for ensuring the accuracy of all information provided to Marketing Station and warrants and undertakes to Marketing Station that the Client’s employees assisting in the execution of an Order have the necessary skills and authority.
All Google Adwords management fees do not include Google Ad spend.
The Client shall be obliged as quickly as possible and within the agreed deadline to comment on and or approve materials provided under the Services, including (without limitation) advertising copy, search terms and graphic material submitted by Marketing Station. In addition, the Client shall be obliged as quickly as possible and within the agreed deadline to implement changes on websites, in IT systems or where it may
otherwise be required by Marketing Station.
The Client shall be obliged to inform Marketing Station immediately of changes of domain names, websites, technical setup and any other material information regarding the technical infrastructure which may affect the Services delivered by Marketing Station.
The Client shall indemnify and keep Marketing Station indemnified fully against all liabilities, costs and expenses whatsoever and howsoever incurred by Marketing Station in respect of any third parties as a result of the provision of the Services in accordance with the Order, Specification, or the content of the Client’s advertising or web pages which result in claims or proceedings against Marketing Station for infringement of any Intellectual Property Rights or other proprietary rights of third parties, or for breach of confidentiality or contract or for defamation.
The Client undertakes to comply with all applicable rules, regulations, codes of practice and laws relating to its use of the Services, including without limitation its obligations under the Data Protection Act 1 998, the Regulation of Investigatory Powers Act 2000, Competition Act 1 998 and the E-Commerce Directive and equivalent legislation and hereby agrees to indemnify and to keep Marketing Station indemnified in respect of any and all costs, claims or proceedings whatsoever brought against Marketing Station by any third party or Customer in connection with any breach of the same by the Client.
As standard across the Services and unless otherwise notified, the Client shall be exclusively responsible for implementing the optimisation changes recommended by Marketing Station. As notified by Marketing Station, in certain cases for amendments to existing optimisations, the Client shall allow the Company use of the site’s FTP or content management system’s username and password in order to gain access to add in keywords.
Marketing Station take no responsibility for any application (Website, Database, APP) that had been developed by Marketing Station or A third Party that store your business Personal Customer details. We exclude all liability for viruses, Breaches, Hacking and Google Indexing.
Marketing Station require that prior notice be given for any alterations relating to the Client’s website(s) that may affect the services upplied by Marketing Station. If alterations are made by the Client or a third party to the Client’s site(s) search engine placements may be affected and the Company cannot be held responsible.
The Company advises that regular, fresh content added to the site will help to improve the stability of rankings within search engines and the Client understands that regular, unique content plays an important part in the success of a website and failure to add unique content will lessen the impact of SEO services.
Marketing Station shall invoice the Client monthly, in advance or following Services delivered. Before Marketing Station carry out any work Clients are usually asked to provide full payment of invoice.
Any client on a complimentary hosting service with Marketing Station, (on confirmation of cancellation), A Hosting Paid plan will be sent to the client – Client can take on a paid service or move their website to another host provider at their cost. If invoices remain unpaid marketing station will suspend the Hosting account untill invoices are paid in full for end of term contract , this includes Adwords and all SEO Service Invoices.
If a client does not pay an invoice on or before the due date of the invoice, work will stop immediately unless a payment plan is arranged and put in writing by the client and approved by Marketing Station.
Google Adwords Ad spend is NOT included and is the responsibility of client.
In the event client is not happy with work undergone, no refunds will be provided and it is the clients responsibility to notify Marketing Station to find a resolution. If any client becomes abusive to any employee of Marketing Station work will stop immediately with no notice required. Marketing Station have a zero tolerance for verbal abuse.
Marketing Station can cease work on any clients account with no notice.
Late payment shall be considered as constituting a material breach of the Contract entitling the Company (at its discretion) to cancel the Contract or to affirm the Contract and assert the usual remedies for breach.
If the Client subsequently requires the Company to complete the work within a shorter time frame than specified in the Order the Company reserves the right to charge additional monies to prioritise such projects ahead of pre-planned work.
In the event that the Client proves that the Services are delayed or not in accordance with the Contract, (not including any Google services as these change to often to guarantee any results). Marketing Station shall be obliged to remedy or redeliver, at its own discretion, without undue delay. In the event that the Services continue to be not in accordance with the Contract after reasonable attempts have been made to remedy this,
the Client shall be entitled to cancel the Order in accordance with clause 1 3.2 a), provided that the breach is material with no refund.
Without prejudice to the generality of Clause 9.1 above ,Marketing Station shall have no liability for any losses or damages which may be suffered by the Client whether the same are suffered directly or indirectly or are immediate or consequential which fall into
Any indirect or consequential loss arising under or in relation to the Contract even though Marketing Station was aware of the circumstances in which such loss could arise;
Loss of profits; loss of anticipated savings; loss of business opportunity or goodwill;
Loss of data; and
Fraudulent clicks on any of the Client’s accounts managed by the Company.
Marketing Station shall not be liable for downtimes, interference in the form of hacking, virus, disruptions, interruptions, faulty third-party software, search engines or websites on which a service is dependent or other deliveries from a third party. Marketing Station shall use its reasonable efforts to assist in remedial efforts if so requested by the Client. Any work connected with remedial efforts as described above shall be charged to the Client separately in accordance with these Terms or (at Marketing Station’s discretion) Marketing Station price list applicable from time to time.
Marketing Station shall use all reasonable endeavours to deliver Services relating to search engine optimisation, links, advertisements, banners, pay per click and google analytics in accordance with the guidelines applicable to the relevant search engines. However, Marketing Station shall not be liable for delayed or non-conforming performance due to changes made to standard terms, assessment algorithms, search criteria, viewing policy, prices and campaign offers or other matters beyond Marketing Stations control and reserves the right to make changes to Services as a result of the same. In addition, Marketing Station shall not be liable for other changes or discontinuation of search engines or Google Adwords Changes.
Marketing Station shall not be liable for Services relating to search engine optimisation, link building, advertisements, banners or sponsorships leading to a minimum number of views, position or frequency in searches on relevant words or otherwise. In addition, Marketing Station shall not be liable for ensuring that such Services lead to a certain volume of traffic, number of clicks, registrations, purchases or the like.
Marketing Station shall not be responsible for URLs dropped. Excluded or included by a search engine for any reason.
If the Client does not implement some or all of Marketing Station recommendations, Marketing Station shall not bear any liability for any lack of success experienced by the Client relating to the Services.
A party (Receiving Party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party’s business or its products or its services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its
employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party’s obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause shall survive termination of the Contract.
The obligation in Clause 1 2.2 shall not apply to any information which is or becomes publicly available otherwise than through a breach of this agreement, is already or rightly comes into the Company’s possession without an accompanying obligation of confidence, is independently developed by the Company, or which the Company is required to disclose by law.
Each party agrees to comply with its respective obligations under the Data Protection Act 1998.
1 .1 .These Terms shall apply to all agreements concluded verbally or in writing between Marketing Station and the Client to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.