Terms & Conditions

THIS IS THE STANDARD TERMS & CONDITIONS OF WORKING WITH WEB MOTIVATION.

The Terms & Conditions (“Agreement”) is an agreement between Alex Ramsden (“Web Motivation”) and the party (“Client” or “you”) set forth in the Order as received by email during the sign up process and applies to the purchase of all services ordered by Customer on the Order (collectively, the “Services”). The parties understand, acknowledge and agree that this is an online agreement, which is being entered into in conjunction with the Order.

1. DEFINITION OF TERMS

The Client – the entity which enters into an agreement with Alex Ramsden, Web Motivation
Domain Name – the root address of a website, e.g.  www.webaddress.co.uk. All such names must be registered with the appropriate naming authority, which will usually charge a fee.
Downtime – time when the website is not accessible via the Internet.  This may be because of a technical failure of the Host or because work is being carried out on the site.
Host – the company on whose system the Website physically resides.
Link, Hyperlink – a ‘clickable’ link embedded on a web page which may take the form of a graphic or text.
Search Engine – a website which contains a directory of websites on the Internet enabling users to find websites by subject matter classification.
Website – a collection of web pages and associated code which forms an integrated presence.
The Work – the subject matter of the contract between the Client and ALEX RAMSDEN – WEB MOTIVATION.

2.  FEES

2.1
Fee Payable
A non refundable deposit of 100% of the total monthly transaction price under the agreement is due immediately upon the signing of the agreement. This agreement is absolutely your commitment to comply to the terms set out within this agreement. WEB MOTIVATION reserves the right not to begin or suspend the work until the said payment has been paid in full at each stage or month.

3. DISCLAIMERS

3.1
Third Parties
WEB MOTIVATION can take no responsibility for services provided by third parties through us or otherwise, including the Hosting of the Client’s Website, SEO, PPC & Social Media although WEB MOTIVATION will endeavour to ensure that Website downtime is kept to a minimum.

3.2
Maintenance and Correction of Errors
WEB MOTIVATION takes no responsibility for the functionality or maintenance (unless a website maintenance or management plan is in place) of the Website after the Work has been completed.  Nor does WEB MOTIVATION take any responsibility with training the client (unless a Website maintenance plan) is in place. Errors (both technical and typographical) attributable to WEB MOTIVATION will be corrected free of charge, but WEB MOTIVATION reserves the right to charge a reasonable fee for correction of errors for which WEB MOTIVATION is not responsible, including, but not limited to malicious modification of the Website by a third party and typographical errors contained in materials provided to WEB MOTIVATION by the Client.

Where a Website Management or Maintenance agreement e.g. Comprehensive Security takes place, all packages are for a minimum of 12 months, after which 3 months notice is required if the client wishes to cancel as well as a £75 fee to transfer the website away from WEB MOTIVATION. This will include the services that are agreed within the basic hosting, basic secure and comprehensive secure packages and website management packages. WEB MOTIVATION can also update structural or layout changes at an additional fee.

3.3
Hosting
I accept for my website to continue to be made live on the web, have an initial back up (in the event of a glitch such as a virus) and for me to continue to send and receive emails there will be an annual hosting fee that is not transferable and an initial set up fee of £75 I will need to pay. WEB MOTIVATION will invoice the client to set this up and / or annually unless otherwise agreed.

3.4
Domains
Any individual domain or web address transfer will incur a fee of £75 per domain or web address. WEB MOTIVATION reserves the right to charge this fee to transfer any web address or website backup copy.

3.5
Extent of Work
Installation on the Internet is limited to the uploading of all necessary files to the Host, and testing of functionality.  No registration of the Website with Search Engines will be undertaken unless otherwise agreed with the Client.

3.6
Consequential Loss
Under no circumstances will WEB MOTIVATION be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software.  The Client should ensure that data on their site is regularly backed up including old emails where email hosting is concerned and that a contingency plan is in place to minimise possible losses as a result of software failure.

3.7
Status and Duration of Offers
Proposals and offers are valid for a period of one month from the date issued.   web motivation is not bound to honour offers that have expired. This timetable must be agreed within the month that the offer is valid.  If an acceptable timetable has not been approved by both parties within one month of the offer being made, the offer is deemed to have expired.

Below part ( 3.8 )

3.8
Search Engine Listings
A non-refundable deposit of 100% of the total monthly transaction price under the agreement is due immediately for SEO work. I commit absolutely to paying the ongoing SEO monthly fee and setting up a standing order for the agreed amount for every month for the duration of 12 months. After which if I for whatever reason change my mind and wish to postpone or cancel, I accept I will then need to give WEB MOTIVATION 1 months’ notice in writing in order to terminate this agreement. This agreement is absolutely your commitment to comply and do this.

WEB MOTIVATION reserves the right not to begin or suspend the Work until the said deposit has been paid in full at each stage. The fee quoted in the agreement does not include the cost of domain registration, web hosting set up fee, web maintenance or web/email hosting unless otherwise agreed.

WEB MOTIVATION does not guarantee listings on Search Engines and the Client accepts that it is Search Engines and not WEB MOTIVATION who ultimately determine whom they list and whom they will not. The Client further understands there is no guaranteed placement or rank on the Search Engines and that a new website may never even appear on Search Engines at all. WEB MOTIVATION does not control Search Engines’ algorithms and huge shifts can appear daily, weekly and even hourly.

Change of Keyword Fee
Please be sure to agree your chosen searched phrases (known as keywords) prior to launching the campaign govern your strategy that we take. If keywords need to be changed before the end of the initial duration, an additional charge per keyword will be incurred for any website changes (on page optimisation) and processing labour in order to implement a new strategy.

Additional Website Content
During month 1-3 we will analyse the website to determine if the website requires additional content or not. Sometimes new web pages are required to be created or additional content will be required on an existing page. Therefore please advise that during month 1-3 we will analyse your website and may be requesting additional content. The client may provide the additional content themselves or it may be ordered through us at an additional cost.

Please remember
Before WEB MOTIVATION undertakes your work, we need to make sure the logistics are absolutely in place. Just to be absolutely clear once again as with the nature of the web, where your website currently is and SEO this wouldn’t be instant.
SEO is a slow burn while we are setting everything up and moving you upwards, although we are tickling potential clients along the way you will absolutely need to plan for 12 months (after which there is a 1 month notice period cancellation policy). This agreement is absolutely your commitment to comply with the 12 month programme.

PPC is more instant to this context which is why I suggest us doing this as well in conjunction with SEO, but you will need to consider some kind of monitoring device so we can 100% track where your opportunities are coming from as below.
Before we undertake SEO & PPC above, you will want to consider a telephone system and email responsive system so we can 100% track where these opportunities are coming from? Otherwise, the risk is you won’t feel the value, we may quibble about who is doing what and I don’t want that for us and our business relationship.
You will also want to consider the quality of calls and telephone handling in the right way as I cannot control the quality of call handling. As well absolutely every enquiry (phone and email) coming in you and your staff will need to question….Where did you hear about us? Did you find us on the web?
Please remember SEO diverts people to you via Search Engine Visibility. You control the website creation/design, imagery, tonality, enquiry handling, conversions etc that is not what we signed up to do for you. I’m like a TNT guy – delivering the parcel to you but once delivered I can’t control what happens to the parcel.

In terms of ROI, whether you convert 20% of the above figures or 5% WEB MOTIVATION cannot simply control these amounts of conversions. That is your job, Search Engine visibility may bring people to your door, what you do when you open the door is not my responsibility.
WEB MOTIVATION would rather not take your money without you understanding the logistics of the above. SEO isn’t a fast track process; it simply takes time and my role is Search Engine Visibility which may drive people to your door a bit like getting more people to visit a restaurant but if the chef has an off day and puts customers off, I cannot simply control that.
What WEB MOTIVATION can do is help you with Search Engine Visibility to give you the best possible opportunities!
Please note the one off set up is essential to set everything up on your new website in line with the right strategy in the right way. However, without the ongoing SEO work you will not truly rise up the rankings to where you want to be.
SEO is a gradual ongoing process and there is no magic wand for getting you to the top. It is a gradual process of doing all the right things as detailed within this proposal. This agreement is absolutely your commitment to comply to the12 months programme, after which there is 1 month notice period required in order to terminate!

There is simply no magic wand with SEO. It is a patient process.

PPC – we will of course need to arrange a fee directly with Google Ads for them to show your ads. Please note this is a separate charge to the ongoing management of your campaign. In order to target the client opportunities, it is recommended we credit Google per month as per our keyword opportunities we will be targeting.
There will be a separate fee for setting up your PPC account. This incorporates all the keywords and ads in order to get started and have your targeted ads shown. Due to heightened security, we reserve the right to set this up on our own PPC account linked to our own software for ongoing management and security prevention.
You will absolutely need to commit 12 months for PPC activity, after which there is a 1 month notice period required if for whatever reason you want to stop the campaign.

3.9
Website Training
Training is 1to1 between the client and WEB MOTIVATION only, unless otherwise specified.

The client will need to ensure you bring the correct website administration login details and any other information necessary to access my website during my training session. This will include all usernames and passwords to access my website and any social media accounts on the day. You will also need to bring my laptop & charger (just in case).

I accept like a carpenter WEB MOTIVATION will teach me the skills and give me the tool kit to work with which is the purpose of training but I accept responsibility what I do with the tools post training is entirely up to me and I accept I control that part. For example, with topics like SEO and ranking highly on search engines, it is gradual thing and I will need to carry out tasks over the coming weeks, months etc post the training session.

Post training, I accept any further support will need to be pre arranged / pre booked in the diary within 3 months of the date of our training session. The booking process to do this is by written email from the client to WEB MOTIVATION at the following email address: alexramsden@web-motivation.co.uk.

4.  COMPLETION OF WORK AND PAYMENT

4.1
Completion of Work
WEB MOTIVATION warrants completing the Work in accordance with its Standard Terms and Conditions to the specifications previously agreed with the Client WEB MOTIVATION will not charge more than the amount previously agreed unless the Client has varied the specifications of the Work since the agreement WEB MOTIVATION will not undertake changes to the specifications of the Work, which would increase the cost, without prior written authorisation from the Client.

4.2
Supply of Materials
The Client is to supply all materials and information required for WEB MOTIVATION to complete the Works in accordance with the agreed specification.  Such materials may include, but are not limited to, photographs, written-copy, logos and other printed materials.  Where the Client’s failure to supply such materials leads to a delay in completion of the work, WEB MOTIVATION has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount.  Where the Client’s failure to supply materials for website design works prevents progress on the Work for more than 14 days, WEB MOTIVATION has the right to invoice the Client for the full payment.

4.3
Process
The client understands that WEB MOTIVATION delivers services according to a defined process. The Client agrees to work with WEB MOTIVATION within its defined process. If an alternate process is requested, this process must be agreed upon by both parties in writing before any new defined process for website, seo, ppc or social media works begins.

While WEB MOTIVATION will always strive to get back to you as soon as possible. Every day is a busy day and they will come back to you within the confines of a busy day.

4.4
Accessibility of Web Site During Construction.
The Web Site shall be accessible to Customer for review upon completion of the Build Phase of the process or earlier if agreed to by both parties. Until the client has approved the final Web Site, none of the Web Pages for Customer’s Web Site will be accessible to end users unless Customer has not responded to WEB MOTIVATION requests to finalize the order. WEB MOTIVATION retains the right to publish the web site if (i) Customer does not provide all content necessary for publication within 5 business days from the date of the kickoff call, or (ii) setup of Web site is completed and customer has purchased services which include monthly maintenance services. Accessibility to Web Site source files or administrative interfaces shall not be provided until full payment has been received and the Web Site is transferred to Customer’s web hosting service account.

4.5
Completion Date
WEB MOTIVATION and the Client shall work together to complete the Web Site in a commercially reasonable manner. Customer understands and agrees WEB MOTIVATION is not responsible for delivering the completed Web Site on any specific date and shall not be deemed in breach of this Agreement or Change Order(s) for failing to meet any verbal or written delivery schedule or request by Customer. Customer is hereby notified that any Change Order(s) and/or modifications to the original and/or future specifications will extend the length of time required for Company to provide a completed Web Site.

4.6
Web Site Development and Personalisation
Web site development consists of building and testing the structural and functional aspects of the web site, including but not limited to: web page creation, template and layout application, and platform installation and configuration. Web site personalisation consists of content (i.e. text, images) provided by Customer specifically for informational use on the Web Site. WEB MOTIVATION shall provide Web site development services, inserting non-personalized (placeholder) content by default. If personalised content is provided by Customer within 5 business days after project kickoff call is conducted, WEB MOTIVATION shall insert 1 set of personalized content changes into the site in place of non-personalized content. WEB MOTIVATION is not obligated under the terms of this agreement to add personalised content to the web site if personalised content is not provided by the Customer within 5 business days after project kickoff call is conducted.

4.7
Remedies for Overdue Payment
If payment has not been received by the due date, WEB MOTIVATION has the right to suspend ongoing work for Client, until such time that full payment of the outstanding balance has been received.  If full payment has still not been received 14 days after the due date, WEB MOTIVATION has the right to replace, modify or remove the Website, SEO, PPC works and revoke the Client’s licence of the Work until full payment has been received.  By revoking the Client’s licence of the Work or removing the web site from the Internet, WEB MOTIVATION does not remove the Client’s obligation to pay any outstanding monies owing. Legal action will absolutely be taken against the Client if you do not pay the monies you committed to paying.

4.7
Late Payment
In the event that payment is late WEB MOTIVATION reserves the right to use third party debt collectors and / or bailiffs and charge interest at the rate of 8% plus the Bank of England base rate for any late payment.

4.8
Title of Goods
In the event of the contract being terminated and money remains outstanding WEB MOTIVATION will retain all material until such time as the account has been settled in full.

4.9
PayPal Credit & Financing
Where payment terms have been taken out on behalf of the client through third party financing companies such as PayPal credit, there will be an additional fee of 5-10% per transaction, subject to the amount, added to the price. It is the client’s responsibility to read any financing agreement and make sure they can afford all repayments. Interest will be due as soon as the interest free period ends and if the outstanding balance has not been paid. WEB MOTIVATION can take no responsibility for any third party financing agreement or interest accrued and debt owed to any third party financing company.

5.  INTELLECTUAL PROPERTY

5.1
Offers and Proposals
Offers and proposals made by WEB MOTIVATION to potential clients should be treated as trade secrets and remain the property of WEB MOTIVATION.  Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorisation from WEB MOTIVATION.  This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information.
5.2
Licensing
Once WEB MOTIVATION has received full payment of all outstanding invoices and the Work has been approved by the Client in accordance with Clause 4.7 hereof, the Client will be granted a licence to use the Website and its contents.

5.3
Trade Secrets
Any code that is not freely accessible to third parties and not in the public domain, and to which WEB MOTIVATION or their suppliers owns the copyright, may not be copied, published, distributed or passed to any third parties in any form without prior written consent from WEB MOTIVATION.  Unless previously agreed otherwise in writing, no modifications may be made by the Client or any third party to code to which WEB MOTIVATION or their suppliers owns the copyright.  WEB MOTIVATION acknowledges the intellectual property rights of the Client.  Information passed in written form to WEB MOTIVATION, and that the Client has indicated is confidential or a trade secret, will not be published or made available in any other way to third parties without the prior written consent of the Client.

5.4
Bookings
There is a non-refundable £75 administration charge to process all bookings, book you in the diary for any website related services including web creation, hosting, seo and website training.

6.  RIGHTS AND RESPONSIBILITIES

6.1
Right to Terminate
WEB MOTIVATION reserves the right to refuse or break a contract without prior notice, if it is believed that the Client, their Website, or any material is illegal, immoral or any dealings are otherwise unacceptable. WEB MOTIVATION also reserves the right to terminate or take down (remove from publication) any Website or related content for SEO, PPC, Social Media purposes etc in the event of non payment or any dealings that are otherwise unacceptable.

6.2
Events Beyond the Control of
WEB MOTIVATION will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of WEB MOTIVATION. This also includes training venues, whilst WEB MOTIVATION strives to select its training venues with best intentions, WEB MOTIVATION cannot be held responsible for any venue and unforeseen circumstances that arises from that venue.

6.3
Supply and Pricing of Services
WEB MOTIVATION reserves the right to use whoever it feels appropriate at the time for third party software and services, and to alter its prices as necessary without prior notice and without affecting existing contractual pricing agreements.

6.4
Website Created by Web Motivation
WEB MOTIVATION reserves the right to insert a logo and/or web link (www.web-motivation.co.uk) at the footer of any website in which we either created, maintained or supported in any shape or form in the form of our web services.

7. INTERPRETATION

7.1
Change of Terms and Conditions
These terms & conditions may change from time to time.  The Client should review our website regularly to be informed of revisions as and when they are issued.

8. CANCELLATION POLICY

“Purchases made from REED.co.uk
Under this policy, you may cancel your purchase of the course within the period of 14 calendar days from the date on which the contract of purchase is concluded. This is called a “Cancellation Period”. Note that if you redeem your voucher during the Cancellation Period, you expressly request us to begin providing the course materials and you acknowledge that you lose your right to cancel the purchase of the course and get any refund for it.”