Terms And Conditions

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Rankings

Last Checked: 2008-07-22 at 13:05:00
Search Engine Optimisation	4
Search Engine Optimization	4

Testimonials

Yorkshire Accounting "Aaron and his team managed to get my first keyword on to page 1 of Google within 3 weeks. Amazing!" - Nick Robinson (Managing Director)

Thirst For Life "Our company has gone from strength to strength since Position Gold provided us with SEO services" - Elliot Horan (Managing Director)

Terms And Conditions

1. Definitions

1.1	The buyer, you, your or client - means the person or organisation who buys or agrees to buy services from the company. The company is Position Gold Ltd.
1.2	Conditions - means the terms and conditions of sale set out herein and any special terms and conditions agreed in writing by the company.
1.3	Services - means the internet services which the buyer agrees to buy from the company.
1.4	Price - means the price for the services exclusive of VAT.
1.5	Order - means an Order for services from the company made confirmed either verbally or via signed contract.

2. Conditions Applicable

2.1	These conditions shall apply to all contracts for the sale of services by the company to the Buyer with the exclusion of all other terms and conditions including any terms or conditions which the buyer may purport to apply under any purchase order, confirmation of order or similar document.
2.2	The company reserves the right to alter, add and subtract from these terms and conditions, you will be notified by email and or post if and when any alterations to these terms and conditions are made.
2.3	Any variation to these terms and conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless confirmed in writing by the company.
2.4	All orders for services shall be deemed to be an offer by the Buyer to purchase services pursuant to these conditions
2.5	A verbal conversation and agreement by the buyer shall be deemed as an acceptable contractual purchase
2.6	Your website's URL may require to be linked via the Position Gold Limited URL, this is purely to aid the functionality of your service, please notify us by writing if you do not require the link to Position Gold's web site.
2.7	Some listings with our SEO programming package may slip. We do endeavour to rectify this situation and in some cases the re-optimising of your website may be necessary. This re-optimisation can therefore alter the estimated timescales for 1st page listings. We can not, however, be held responsible for temporary fluctuations in listings that occur during changes to search engine algorithms.
2.8a	FTP (File Transfer Protocol) is the method by which files are downloaded or uploaded to the internet. Your website's FTP host name, username and password are provided by the company hosting your website and are required by Position Gold. Work may not commence until the company receive the correct FTP details for the website URL listed on the order form.
2.8b	Should FTP access be unattainable the company would require a copy of your website's files and any databases that the website requires to run to be sent to the company at its postal address at that time via a form of suitable media.
2.9	The company is obliged to start part of the contracted work process (either on page or off page work) within 21 working days from the receipt of any initial set up fee payment or complete payment and website access detailed above in sections 2.8a and 2.8b. If the company fails to achieve this you are eligible for a 75% refund of initial set up fee payment.

3. The Price and Payment

3.1	The total price shall be the price set out on the order and/or pro-forma invoice. The price is inclusive of VAT which shall be due at the rate ruling on the date of the company's pro-forma invoice.
3.2	Up front payments shall be paid with the order and the time for payment shall be for a 12 month subscription period the period will commence when the site goes live and work has been signed off by the account manager. During month 11 of your subscription the company will contact you by either email or post to inform you that your subscription is due for renewal and will be automatically renewed for a further 12 months.
3.3	Due to trends in the industry Position Gold Ltd reserve the right to change a client's payment plan at any time. If this is to occur then a client will be made aware of the changes before the new plan is installed however once the client agrees to this it can not be reversed without the say so of Position Gold Ltd.
3.4	Where agreed with the company, payment may be made on a monthly basis. Under such circumstances, an initial payment of £750 or more is required, and the remainder of the fee will be paid during the contract period by standing order, the monthly amount will be set at the time of order.
3.5	Time scales for first page listings are estimates and unique to each client and dependant on a number of elements, including: the clients website that the company is optimising; being registered within the search engines; the generic level of the clients ordered search terms; how established the clients website is. NO guarantees are offered by the company.
3.6	The top ten search engines covered are as followed: Google, Yahoo, MSN, Lycos, All The Web, Excite, Altavista, Ask, Hot Bot, AOL. Listings will appear on either .co.uk or .com engines dependent on the current sites status.
3.7	Visible listings are defined as an overall increase in ranking across the ten search engines (listed above in point 3.5) when compared to the initial ranking report carried out prior to work commencing.

4. The Services

4.1	The company require that prior notice be given for any alterations relating to your website(s) that may affect the services supplied by the company. If alterations are made by the client or a third party to a client's site, search engine placements may be affected and the company can not be held responsible. The company reserve the right to charge £60.00 per hour to rectify any problems to regain listings.
4.2	The quantity and the description of the services shall be as set out in the pro-forma invoice.
4.3	During the search engine optimisation process, unless agreed otherwise, the company will only carry out validation to the W3C standards on the homepage of the clients website where possible. Certain restrictions with third party design platforms can affect this process meaning the company may not be able to fully validate the homepage. If the client requires the company to validate the entire website the client will need to speak to a company representative and create a new order for these works.

5. Warranties and Liability

5.1	The Company warrants that the services will at the time of delivery correspond to the description given by the Company either verbally or by means order forms, invoices etc.
5.2	The Company shall not be liable for any loss or damage (including but not limited to consequential loss or damage) arising from the use of the services.
5.3	If during the SEO contract period between the company and the client, the client uses a third party (other than the company) for search engine optimisation and / or associated workings the company can not be held responsible for any consequential loss of listings or associated damages that may arise.

6. Refunds

6.1

The Company is under no obligation whatsoever to accept the cancellation of the services or cancellation of orders incorrectly placed. Any cancellations will only be accepted if agreed in writing and within your contract period and will be subject to a 30% handling or cancellation charge any refund given will also be minus any costs incurred by the company i.e. directory submissions and linking strategies.

7. Title

7.1

Programming work carried out on your site(s) shall remain the property of the Company until payment thereof has been received in full by the Company and is not subject to any form of recovery or cancellation by way of charge back or otherwise. All services provided to the Buyer or their agent or person acting on behalf of the Buyer, may be removed from the Buyer's website by the Company at any time after the due date of payment has passed and the payment has not been received in full or if payment has been received in full, has been made subject to a Charge back, any costs incurred by the company by means of directory submissions will also be recovered. If you do not renew your 12 month subscription to the services provided by the company, you must remove all references to Position Gold Ltd. on the viewable page and within the source code, this must be removed within 14 days from the renewal date.

8. General

8.1	It is always the policy of the Company to develop and improve its services. The Company, therefore, reserves the right to make any improvements to the designs and specifications of the services.
8.2	The purchase Price of the services is inclusive of an annual support fee applicable in the first year following purchase of the services by the Buyer. Thereafter, an annual support fee will be charged by the Company to the Buyer to maintain the services in a functional capacity. If the annual support fee is not paid within 14 days of the receipt of invoice therefore, the annual support will be withdrawn and the buyer is required to remove any and all works both on and off page carried out by the company.
8.3	Nothing in this Agreement shall confer, nor do the parties intend it to confer, any enforceable right on any third party and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
8.4	This Contract shall be governed by the Laws of England and the parties submit to the exclusive jurisdiction of the English Courts in relation to any dispute hereunder.

9. Transfer away from the company of domain names.

9.1	The company reserves the right to charge an administration fee of £25 +vat for the transfer away of domain names held by the company.

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