SEARCH ENGINE OPTIMISATION (OPTIMIZATION, SEO)
“SEO services” refers to all the actions or services provided by SEO GEEK LTD as detailed in the SEO Specifications From.
Terms including “social media exposure”, “writing product descriptions”, “press release submission”, “manually create Meta tags”, “XML sitemap creation”, “Google Shopping optimisation”, “Google
Places optimisation”, all refer to SEO service options which may or may not be included in your SEO services package.
“Fair use policy” refers to SEO GEEK LTD policy regarding the amount of time you may take advantage of our additional email and telephone support which is defined by what level of SEO services you receive. These are as follows: Starter package – up to 1 hour per month, Small Business Package – up to 2 hours per month, Advanced – up to 2 hours per month, Premium – up to 6 hours per month. Your SEO Consultant can tell you which package you fall into.
“Best practice” refers to the generally accepted informally-standardized, best techniques, methods or processes that have proven to be effective at achieving a given task.
12.1. Your SEO services cannot begin until you the client has paid the first installment.
12.2. Any additional SEO services you add to your existing SEO services at a later date, will incur an additional charge.
12.3. We do not hold you into a contract but by agreeing to these terms and conditions you agree you will serve us with a minimum of 30 days’ notice (either in writing, or by a phone call which is then followed up by an email) if you wish to cancel your SEO services at any stage.
12.4. In the unlikely event that you choose to end your contract with SEO GEEK LTD it is solely your responsibility to remove any access you have granted SEO GEEK LTD to, for example, your ftp details, your back office, Google accounts or services or any other accounts.
12.5. SEO GEEK LTD will always recommend keyphrases that have the potential to bring you the quickest return on your investment. If you pick keyphrases that we do not recommend, SEO GEEK LTD cannot guarantee any timescales or increase in traffic as a result.
12.6. Any SEO work you perform out with our recommendations, including link building, changes to your website or anything else that negatively affects your rankings or your conversions will not be deemed the responsibility of SEO GEEK LTD.
12.7. Any failure on your part to stay in regular contact with us regarding changes to your site including confirmation and approval of keyphrases or content etc. that affects your SEO services negatively is not the responsibility of SEO GEEK LTD.
12.8. Any onsite SEO work recommended will only be carried out by SEO GEEK LTD if the website has been built by SEO GEEK LTD. If SEO GEEK LTD did not build the website, SEO GEEK LTD will act as a consultant for any onsite SEO work recommended.
12.9. SEO GEEK LTD will not be held responsible for any illegal activities your website is involved in or promotes, e.g. selling counterfeit goods.
12.10. Any external influences that affect your site negatively through hosting services, domain registration or any others will not be held as the responsibility of SEO GEEK LTD.
12.11. Unless otherwise agreed; you are responsible for inputting and creating your own content.
12.12. Content created on your behalf by SEO GEEK LTD, once you have approved it, is no longer the responsibility of SEO GEEK LTD. You accept full responsibility for its accuracy, maintenance and its legality.
12.13. Search engines change their algorithms regularly, which can result in fluctuations in your search ranking positions. SEO GEEK LTD will not be held responsible for these fluctuations or if an algorithm change results in dramatic changes to the fortunes of your website and/or its rankings.
12.14. You agree to our ‘Fair Use Policy’ in regards to our ‘additional email and telephone support’.
12.14.5 Fair Use Policy:
Packages under £50 per week: up to 1 hour per month
Packages over £50 and upto £100 per week: up to 2 hours per month
Packages over £100 and upto £200 per week: up to 2 hours per month
Packages over £200 per week: up to 2 hours per month
Any additional support out with your allocated time may be subject to further charges. Invoiced at an hourly rate.
12.15. Google AdWords vouchers are available to all eligible clients (as per your contract) but must be requested by you and are only redeemable by clients who have a new Google AdWords account that has been active for less than 14 days.
12.16. All Google Analytics usage is in line with Google Analytics terms of service.
12.17. All Google Webmasters usage is in line with Google account terms of service.
12.18. SEO GEEK LTD will not be held responsible for any loss of data you may experience from Google Analytics.
12.19. For “Google Shopping optimisation”, SEO GEEK LTD will set up a Google base feed on your website only if the website has been built by SEO GEEK LTD. If SEO GEEK LTD did not build the website, SEO GEEK LTD will act as a consultant on ‘best practice’ procedures and techniques to create one.
12.20. For “Google Places optimisation”, SEO GEEK LTD will only act as a consultant offering advice and ‘best practice’ procedures and techniques in creating and optimising your Google Places listing.
12.21. For “XML sitemap creation”, SEO GEEK LTD will create an automatically updating XML sitemap only if SEO GEEK LTD built the website. If SEO GEEK LTD did not create the website, SEO GEEK LTD will create a static XML sitemap and upload it to Google Webmaster Tools.
12.22. It is your responsibility to create a Google account and provide unrestricted access to it for SEO GEEK LTD to set up Google Analytics and Google Webmaster tools.
12.23. For “manually create Meta tags”, SEO GEEK LTD will allocate time every month, taken from your SEO services as detailed in your SEO specification form.
12.24. For “press release submission”, you agree to grant permission for SEO GEEK LTD to submit press releases without prior consent, and inaccurate details contained in press releases, blogs, articles, directories or any other postings SEO GEEK LTD will not be held responsible.
12.25. For “social media exposure”, it is your responsibility to create social networking accounts for Facebook, Twitter, LinkedIn and any other social networks SEO GEEK LTD recommends and to provide access to these accounts for SEO GEEK LTD where ‘social media exposure’ is included in your SEO services.
12.26. For “writing product descriptions”, SEO GEEK LTD will allocate time every month, taken from your SEO services, as detailed in your SEO specification form.
Warranty and Limit of Responsibility
- SEO GEEK LTD acknowledges and agrees that it shall perform the Services:
- with reasonable skill and care; and
- in accordance with good industry practice.
- The Buyer acknowledges and agrees that SEO GEEK LTD shall have no liability to the Buyer in respect of the positioning of the Buyer's Web Site.
- The Buyer's remedies in respect of any claim under the foregoing express warranty or any condition or warranty implied by law or any other claim in respect of the Services or Web Site or any workmanship in relation to them (whether or not involving negligence on the part of SEO GEEK LTD) shall, in all cases, be limited to re-performance of the Services or refund of the relevant purchase price.
- SEO GEEK LTD shall not in any circumstances be liable to the Buyer for any indirect or consequential losses or any loss of profits purported to have been suffered by the Buyer.
- SEO GEEK LTD shall not be liable for any failure in the performance of any of its obligations under the agreement caused by factors outside its control.
Delivery & Completion Dates
- SEO GEEK LTD undertakes to use its reasonable endeavours to provide SEO Services to the Buyer within the timescales mentioned in the proposal however any changes to Google’s algorithm my mean SEO timescales can change.
- SEO GEEK LTD will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform save where the same is as a result of the negligence of SEO GEEK LTD.
- No delay (unless material) shall entitle the Buyer to reject any delivery or performance or any other Order from the Buyer or to repudiate the Contract or the Order.
- SEO GEEK LTD may terminate the Contract immediately in the event that the Buyer is in breach of its obligations under the Contract and/or the Buyer suffers any event of insolvency or is or becomes unable to pay its debts as they fall due.
- SEO GEEK LTD may at its discretion suspend or terminate the supply of any goods and services if the buyer fails to make any payment when due or otherwise defaults in any of its obligations under the contract or any other agreement with SEO GEEK LTD or becomes insolvent, has an administrative receiver appointed of its business or is compulsorily or voluntarily wound up or SEO GEEK LTD bona fide believes that any of those events may occur and in any case of termination may forfeit any monies paid.
- SEO GEEK LTD may by written notice terminate the Agreement immediately and without liability for compensation or damages except as mentioned in this agreement if the Buyer fails to make payment as specified above.
Third Party Claims
The Buyer shall indemnify SEO GEEK LTD and keep SEO GEEK LTD indemnified from and against any and all actions, costs (including, without limitation, the cost of defending any legal proceedings), claims, proceedings, accounts and damages in respect of any infringement or alleged infringement by a third party of any patent, registered design, unregistered design, design right, copyright, trade mark or other industrial or intellectual property rights resulting from compliance by SEO GEEK LTD with the Buyer's instructions, whether express or implied.
Assignment & Sub-Contracting
- None of the rights or obligations of the Buyer under the Contract may be assigned or transferred in whole or in part without the prior written consent of SEO GEEK LTD.
- The Web Site shall be for the sole use of the Buyer and shall not be capable of assignment to a third party by the Buyer.
- SEO GEEK LTD shall be entitled to sub-contract any work relating to the Contract without obtaining the consent of, or giving notice to, the Buyer.
- Any notice or other communication to be given under these conditions must be in writing and may be delivered or sent by prepaid first class letter post or facsimile transmission.
- Any notice or document shall be deemed served: if delivered, at the time of delivery; if posted, 48 hours after posting; and if sent by facsimile transmission, at the time of transmission.
The invalidity, illegality or un-enforceability of any provision of these conditions should not affect the other conditions.
Third Party Rights
A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
Law & Jurisdiction
The Contract shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.
- A Quotation shall not be binding on SEO GEEK LTD and a Contract will only come into being upon acceptance by SEO GEEK LTD and first payment being received from the Buyer.
- The Contract will be subject to these conditions. All terms and conditions appearing or referred to in the Order or otherwise stipulated by the Buyer shall have no effect, unless such Order is in the Standard Form. Any variation to the Contract must be confirmed in writing by SEO GEEK LTD.
- Quotations submitted by SEO GEEK LTD shall remain open for acceptance by the Buyer for a period of 14 (fourteen) days from the date of the Quotation (unless in the Quotation some other period is specified) or when SEO GEEK LTD withdraws the Quotation.
- These conditions shall, to the extent applicable, apply to goods and products in the same way as they apply to Services.
- Where the Services are sold by reference to SEO GEEK LTD published price list or tariff structure, the price payable for the Services shall be the ruling price as published in the price list or tariff structure current at the date of purchase.
- In other cases, the price for the Services shall, subject to clause 1.3 above, be that stated on the relevant Quotation.
- SEO GEEK LTD shall (if applicable) add to the price of the Services, and the Buyer shall pay, an amount equal to any VAT or other sales tax or duty applicable from time to time to sales or supply of such Services.
- Any price changes will take effect from the 1st day of the month and the customer will be notified in writing 7 (seven) days before any price change takes effect.
Terms of Payment
- The Buyer shall not be required to pay a Deposit in respect of Optimisation.
- Unless otherwise agreed in writing by SEO GEEK LTD and without prejudice to clauses 3.1 and 4, invoices shall be payable by the Buyer immediately, payments for SEO services will be paid on a monthly or weekly basis.
- The Buyer shall make all payments due to SEO GEEK LTD by cheque (supported by an appropriate cheque guarantee card) or by bankers draft or in cash or by telegraphic or electronic transfer direct to the company bank account or by arranged Direct Debit (and in each case in pounds sterling).
- If the Buyer fails to pay any amount due to SEO GEEK LTD under this Agreement on the relevant due date, default interest at the rate specified by the Late Payment of Commercial Debts (Interest) Act 1998 shall be added to such amount for the period from the day after the due date until the date of receipt (whether before or after judgment) together with any reasonable and proper amounts incurred by SEO GEEK LTD in seeking to recover such late payment from the Buyer (including, without limitation, legal fees).