Digital Point Media – Digital Marketing Terms & Conditions
Within this agreement Digital Point Media LTD registration 12064781 shall be “the seller” and the company or individual placing the order shall be “the buyer”
Digital Point Media LTD (the seller) guarantees using its online systems to create online advertisements based around the buyer’s key phrases and company name as agreed at point of sale. The advert will then appear on the first page of www.google.co.uk under the selected key phrases agreed at point of sale subject to availability.
The buyer can see the adverts by going to www.google.co.uk or www.google.co.uk/adpreview and typing their chosen key phrase into the Google search bar and clicking “search”. The buyer also agrees to receive marketing emails from us from time to time.
Digital Point Media LTD (the seller), will provide ‘the buyer’ with a dedicated Facebook ™ advertising campaign based around the agreed demographics at point of sale. Upon receipt of payment the buyer agrees to this contract. The buyer’s adverts will be activated within 48 working hours of the order date unless otherwise specified by the buyer or seller at point of sale. All advertisements placed by Digital Point Media LTD are subject to the current advertising and user policies of Facebook Inc ™. Up to date policies can be found at www.facebook.com.
The agreed impressions stated on the commencement of your contract with us are based on three specific Facebook ™ criteria which are: age, gender and location (location being dependent on the current package which you have with Digital Point Media LTD). These criteria can be changed at any time although this may affect the number of agreed impressions.
Digital Point Media LTD cannot be held responsible for any copyright issues which arise from any graphics which we use at any time to create your advert and that are supplied by you or taken with your permission from your website or any other source authorized by you. If we are not granted admin access to your Facebook page within three weeks of signing up, we will design and launch your Facebook advert.
GOOGLE PLACE LISTING
Digital Point Media LTD (the seller) may submit a request for a listing within Google Maps for the buyer’s business. The listing will be finalised upon receipt of the buyer’s verification code. This will be sent directly from Google to the buyer via post.
Digital Point Media LTD will charge a set-up fee for the technician/developer to build your website. The buyer will be billed a monthly hosting fee for the website. The monthly fee is based on a twelve-month renewable contract. If the buyer has a marketing account with Digital Point Media LTD, the monthly fee will be waived. In the event that the buyer cancels the marketing agreement the monthly fee will resume. Free websites/landing pages may contain Google AdSense. This can be removed for a small fee. Domain names and websites bought by Digital Point Media LTD will only contain the clients’ information whilst marketing with us, unless otherwise stated.
Digital Point Media LTD will host the buyer’s website inclusive of the Google package if required. The content of the buyer’s website is the sole responsibility of the buyer. The buyer must not upload to their website content which is unlawful, pornographic, obscene or threatening. While the seller will use every reasonable measure to ensure the integrity and security of the server, the seller cannot guarantee that the server will be free from unauthorised users or hackers.
The seller shall endeavour to ensure the continuation of service at all times however the seller shall not, in any event, be held liable for interruptions of service or downtime of the server.
DURATION OF CONTRACT
This rolling contract will renew for one further month, each calendar month, from the date of entering into the agreement. Please note, that if you have entered into an extended marketing arrangement e.g. 3 months, 6 months or 12 months then your contract will renew for a similar period if we don’t receive a valid cancellation request (see ‘Cancellation of Contract’ below) from you before the end of your extended marketing arrangement. This means that if you enter into a 3-month arrangement, then your contract will renew for a further 3 months at the end of your current 3 months arrangement unless you cancel your contract and likewise for 6 month and 12-month arrangements. It is possible to pause an account. In order to pause an account, it must be up to date i.e. any arrears would have to be cleared and the marketing has to be paid for in advance as we have to prepay for any allocation. This means, to pause an account, it has to be at least a month in credit and the longest an account can be paused for is 90 days.
In the event of suspected click fraud and/or unusually high traffic, Digital Point Media LTD reserve the right to pause and review such accounts. We cannot be held responsible for such incidents as they are out of our control. Digital Point Media LTD employs a fair use policy. This is designed to provide the most effective service to all customers.
It is the responsibility of the client to ensure we have the correct email address to be contacted on. Due to various issues such as strict spam filters, and software updates/glitches etc… we cannot be held responsible for clients not receiving reports, emails etc from us. It is the sole responsibility of the client to inform us in any instance if they would like to cancel their marketing campaign and/or of any problems they may have.
CANCELLATION OF CONTRACT
The first payment made by ‘the buyer’ is non-refundable. Upon the receipt of the marketing analytical report which is sent via email 2-3 days before the campaign is set to renew, the buyer can cancel the campaign with immediate effect by simply following the cancellation link provided. We do not accept cancellation via telephone so that we have a date and time stamped paper-trail for our archives as well as the customer’s reference.
If the buyers’ renewal date lands on a weekend, the report will be sent on a Thursday, allowing two full days to cancel the account. Cancellations must be sent in before 3:00pm on the Friday for the cancellation to be accepted. Digital Point Media LTD reserve the right to terminate any agreement and will not tolerate abusive behaviour from the client(s). Any such behaviour will result in the immediate cancellation or non-fulfilment of the contract and no refund of any monies paid. If we receive a cancellation request during out of office hours, it will be acknowledged the next working day (9am to 5:00pm).
Please note we send out Google Marketing reports 2 -3 days before recurring payment is due.
SEARCH ENGINE OPTIMISATION (OPTIMIZATION, SEO) TERMS
“SEO services” refers to all the actions or services provided by Digital Point Media LTD as detailed in the ‘APPLICATION FOR SEARCH ENGINE OPTIMISATION SERVICES’ Form.
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 Digital Point Media LTD’s 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.
“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.
Your SEO services cannot begin until you have paid for your first month.
Any additional SEO services you add to your existing SEO services at a later date, will incur an additional charge.
We hold you into a contractual agreement of 12 months unless otherwise stated 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 the end of the 12 months contract.
In the unlikely event that you choose to end your contract with Digital Point Media LTD within the 12 months contract we require a cancellation fee which will be no greater than the 40% of the outstanding contract amount, any monies you owe to Digital Point Media LTD for SEO services provided will still be due and may be passed to a debt collection agency to reclaim.
Digital Point Media LTD will always recommend key phrases that have the potential to bring you the quickest return on your investment. If you pick key phrases that we do not recommend, Digital Point Media LTD cannot guarantee any timescales or increase in traffic as a result.
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 Digital Point Media LTD.
Any failure on your part to stay in regular contact with us regarding changes to your site including confirmation and approval of key phrases or content etc. that affects your SEO services negatively is not the responsibility of Digital Point Media LTD.
Digital Point Media LTD will not be held responsible for any illegal activities your website is involved in or promotes, e.g. selling counterfeit goods.
Digital Point Media LTD will not be held responsible if you overwrite or modify any SEO work carried out by us. Overwriting the work which we carry out can adversely affected the search engine marketing campaign resulting in loss of rankings.
Any external influences that affect your site negatively through hosting services, domain registration or any others will not be held as the responsibility of Digital Point Media LTD.
Unless otherwise agreed; you are responsible for inputting and creating your own content.
Content created on your behalf by Digital Point Media LTD, once you have approved it, is no longer the responsibility of Digital Point Media LTD. You accept full responsibility for its accuracy, maintenance and its legality.
Search engines change their algorithms regularly, which can result in fluctuations in your search ranking positions. Digital Point Media LTD will not be held responsible for these fluctuations or if algorithm changes results in dramatic changes to your website rankings.
If any of your payments fail to be collected due to lack of funds, they will automatically be attempted to be taken again in approximately 3 – 5 days’ time. If this payment also fails a late payment fee of £20 will be added to your arrears. Also, we may attempt to capture a lesser amount to cover our costs (the lesser amounts we will take will be 80% of the owed amount if the payment still fails then 50% of the owed amount will be taken). If direct debits are cancelled by the buyer this will by no means cancel the marketing contract you have entered into and the buyer will be liable for the total of the contracts remaining value instantly. In certain circumstances, the buyer will be allowed to clear the arrears and reinstate the direct debit payments with no additional costs. If either of the above instances occur the buyers marketing will automatically be paused yet normal monthly costs will be charged/accrued.
Any chargebacks requested by the client to their credit card company will be strongly contested by Digital Point Media LTD by a dedicated credit control team. Any successful chargebacks back to the client’s card will result in arrears on your account with Digital Point Media LTD. Therefore, the outstanding amount (i.e. equal to the chargeback amount) will be due to us from the client. In the event of this outstanding amount remaining unpaid after a period of 30 days the account will then be transferred to an independent third-party debt recovery team whose minimum fee will be either £250 + VAT or 200% of the original amount. This can also adversely affect the client’s ability to obtain credit in the future.
BUSINESS TO BUSINESS CONTRACTS
Trading Standards can offer advice on business to business contracts, for the supply of products, as well as contracts where businesses need help with an agreement they have entered into with a consumer. The law treats business to business contracts differently than it does business to consumer contracts. These differences include the following:
1) Distance selling & doorstep selling Regulations
Businesses do not get cooling off periods when signing up to contracts at home or business premises or at a distance. Unless the contract you have with the company you are purchasing the product from states you have a cooling off period, you will not have one.
2) Unfair Terms
A large proportion of the legislation relating to unfair terms either does not apply in a business to business contract or only applies at the discretion of the court. It is always important therefore to check your terms and conditions prior to signing up to a contract.
3) Sale of Goods Act & Supply of Goods and Services Act
Most of the Sale of Goods Act and the Supply of Goods and Services Act, which provides the buyer with rights in cases of faulty goods; mis described goods; or substandard services, also applies to business to business contracts.
However again bear in mind that liability may be limited or excluded by the terms and conditions of a business to business contract.
4) Consumer Credit Act
The Consumer Credit Act does not apply to an offer or supply of credit to limited companies, however it does apply to contracts entered into by sole traders and partnerships.
The UK has adopted and implemented certain provisions of the EU’s Electronic Commerce Directive in the Electronic Communications Act 2000, which makes eSignatures legally admissible in the UK. The Consumer Credit Act of 1974 was amended in 2004 to further facilitate the electronic signing of credit agreements.
Section 7 of the Electronic Communications Act states that in any legal proceedings, an electronic signature incorporated into or logically associated with a particular electronic communication shall be admissible into evidence in relation to questions as to the authenticity or integrity of the communication or data.
Like ESIGN, the specific electronic signature technology is not defined by the Act or the Regulations themselves. However, best practices should include an acknowledgement by parties that they are affirmatively agreeing to sign by an electronic signature. EchoSign automatically includes such an acknowledgment in every transaction.
If you do have a complaint you would like us to address then, to ensure we can offer the most efficient service to all of our customers, we require that it is put in writing to us. All our calls are recorded for training and quality purposes, these recordings are kept for 28 days.