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Terms and Conditions

Our standard terms and conditions regarding optimisation are details below.
By placing an order with Optimise My Website, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions:
The Client : The company or individual requesting the services of Optimise My Website.

Optimise My Website: Primary designer/site owner & employees or affiliates.

General
Optimise My Website will carry out work only where an agreement is provided either by email, telephone, mail or fax. Optimise My Website will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Optimise My Websiteand the client, this includes telephone and email agreements.

Website Design and Optimisation
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Optimise My Website cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of Optimise My Website until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Optimise My Website remain the copyright of Optimise My Website and may only be commercially reproduced or resold with the permission of Optimise My Website.

Optimise My Website cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Our Guaranteed Page 1 Ranking follows the following criteria

  • Optimise My Website will provide all clients with a Estimated date when we would expect to see Page 1 positions in search engines.
  • The Page 1 Gaurentee will ensure that 20% of your search terms are on the front page of a search engine
  • Gaureanteed Page 1 Results are for Local Ranking Search terms only. More generic terms can not be gauranteed.
  • A fair period of 30 days must be allowed for works carried out in the last month to come into effect.
  • If the clients site is still not on page 1 of Google then Optimise My Website will continue work Free of Charge on the site untill Page 1 position is reached
  • No refunds or discounts can be requested for SEO work.

The following additions must also be taken into account:

  • That Optimise My Website was not caused any delays in waiting for a response relating to information required by the client
  • That Optimise My Website was unable to make the changes required to the website content, structure and other contributing factors that can affect Search Engine Ranking
  • That the Clients website was fully accessible and was not hindered by down time caused by Hosting Companies.
  • That the Clients website was not attacked by Mal Ware or any other form of malicious code injected by a third party which could result in the site becoming deindexed.

 
Any additions to the brief will be carried out at the discretion of Optimise My Website and where no charge is made by Optimise My Website for such additions, Optimise My Website accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

  • The client agrees to make available as soon as is reasonably possible to Optimise My Website all materials required to complete the site to the agreed standard and within the set deadline.
  • Optimise My Website will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines
  • Optimise My Website will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
  • Optimise My Website will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

Optimise My Website will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Disclaimers and limitations on liability

Optimise My Website shall not be responsible for URLs dropped or excluded by a search engine for any reason.
Optimise My Website shall not be responsible for delays or failure of performance resulting from Internet Service Provider delivery problems or failure, or any communication or delivery problems associated with Client’s receipt of the Account Service data. Optimise My Website shall not be responsible for acts or causes beyond their control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, power failures, earthquakes, or other disasters.
Optimise My Website do not represent or warrant that Customers’ URLs will achieve a favourable position, or any position, within a particular search engine.
Optimise My Website do not warrant or represent that the use or the results of the use of the materials available through the Optimise My Website Services or from third parties will be correct, accurate, timely, reliable or otherwise.

You expressly agree that use of the Optimise My Website Services provided hereunder is at your sole risk. These Services are provided on an “as is” and “as available” basis. Optimise My Website expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.

Notwithstanding the security precautions taken against disclosure of information, there are certain conditions that exist on the Internet generally which are outside Optimise My Website’ control and could result in a breach of security. Accordingly, Optimise My Website cannot guarantee that Your Account Service data information will be free from corruption or piracy. You hereby expressly waive any claim against Optimise My Website arising out of the loss of data through corruption, piracy, breach of security or for any other reason that is not based on intentional or grossly negligent actions of Optimise My Website.

To the maximum extent allowed by law, Optimise My Website and any of their parents, members, subsidiaries, affiliates, service providers, licensors, officers, directors or employees shall not be liable for any direct, indirect, special, incidental or consequential damages (no matter how they arose, including negligence), or for interrupted communications, lost data or lost profits, arising out of or in connection with the Services provided hereunder. Further, Optimise My Website will not have any liability for any losses arising because the Optimise My Website Services are not operational or accessible. This section does not limit liability for bodily injury of a person.

Database, Application and E-Commerce Development

Optimise My Website cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, cgi applications or software (unless specifically agreed) written by Optimise My Website remain the copyright of Optimise My Websiteand may only be commercially reproduced or resold with the permission of Optimise My Website.

Where applications or sites are developed on servers not recommended by Optimise My Website, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by Optimise My Website before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Optimise My Website will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief

Compatibility
Optimise My Website will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. Optimise My Website can offer no guarantees of correct function with all browser software.

Website Hosting
Whilst Optimise My Website recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Optimise My Website cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

Optimise My Website reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.

Payment of Accounts
Web Design, Development and Adhoc works
A deposit is required from any new client before any work is carried out. It is the Optimise My Website policy that any outstanding accounts for work carried out by Optimise My Website or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Optimise My Website.

SEO and Other Monthly Fee works
Due to the nature of SEO, all works undertaken by Optimise My Website for their Clients must be paid in montly in advance. If Optimise my Website has offered a discounted fee for SEO carried out over a set period of time then the full amount must be paid in advance.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or Optimise My Website have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating.

Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

Complaints Procedure
Anyone who experiences a problem with the web service provided by Optimise My Website should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

Optimise My Website will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.