Terms of Service
Latest terms and conditions as of 2/09/2024
Terms and Conditions
Web Design, social media and SEO Services
1. Introduction
These terms and conditions (the “Agreement”) are entered into by and between The Online Presence Specialist (“Provider”) and the individual or entity (“Client”) engaging Provider for web design services. By engaging Provider’s services, Client agrees to be bound by the terms and conditions set forth in this Agreement.
2. Scope of Services
The Provider agrees to provide web design/social media/organic SEO services to Client (as described in the project proposal or design brief) emailed to the client before work commences. This includes 2 draft stages before publishing. Any changes or additional services requested by Client will be subject to an additional hourly rate of £120.
3. Payment
3.1. The Client agrees to pay the Provider the fees as outlined in the brief before work commences. Payment is to be made in the manner and schedule specified in the invoice (before work commences).
3.2. If additional services are requested by Client, Provider shall provide a written estimate for the additional work, and payment for these services shall be due as outlined in the estimate.
3.3 Failure to pay on time will result in either termination of services or instruction of a third party debt collection service.
4. Project Timelines
4.1. Provider will use their best efforts to complete the web design project within the agreed-upon timeline. However, the completion date may be subject to change due to factors such as delays caused by the Client or unforeseen circumstances such as sickness, injury or bereavement.
4.2. Client agrees to provide timely feedback, approvals, and necessary content or materials to ensure project progress.
4.3 Quotes for work are valid for 90 days after the date of issue.
4.4 SEO monitoring continues for 60 days as standard. Some cases will be extended to 90 days depending on core updates and other external factors impacting search engine external function.
5. Intellectual Property
5.1. The Client retains ownership of any pre-existing content, logos, and text copy. Provider will grant a non-exclusive, non-transferable license to Client for the final web design project upon payment in full, excluding SEO practices, which are to remain confidential.
5.2. The Provider may showcase the project in its portfolio and promotional materials unless Client expressly requests otherwise in writing.
5.3 All SEO practices carried out are intellectual property belonging to the supplier, in the event that SEO content is edited, shared, duplicated or deleted outside of the agreed terms set out by the supplier, the contract shall become null and void. In the even that SEO content is altered without the knowledge of the supplier, the client agrees to take full responsibility for negative changes in the results of the website’s data, visits, views and/or functionality.
5.4 While every effort is taken to implement successful SEO practices, the supplier cannot be held responsible for negative outcomes due to the impact of algorithm changes that are the result of core updates implemented by Google or other search engine companies.
6. Revisions and Modifications
6.1. Provider will make a reasonable number of 2 drafts (AKA design revisions) and modifications. Any additional revisions beyond what is considered reasonable (2 drafts including website testing) will be subject to additional charges.
7. Termination of the contract
7.1. Either party may terminate this Agreement with written notice if the other party breaches a material provision and fails to remedy the breach within 30 days of receiving written notice.
7.2. If Client terminates the project before completion, Client shall be responsible for paying for all services rendered up to the date of termination.
oth parties agree to keep all project-related information, data, and communications confidential and not to disclose or use them for any purpose other than the project.
9. Warranty
Provider warrants that the web design services provided will conform to the project specifications and be free from material defects for a period of 1 month. If defects are discovered within the warranty period, Provider will correct them at no additional cost to the Client. The Client is encouraged to contact web hosting suppliers for support where necessary.
10. Liability
The Provider is not liable for any indirect, incidental, or consequential damages including but not limited to the income, cash flow or changes in business of the Client.
10.2 Sexually explicit digital material/interactions and/or affiliations with explicit accounts will result in a termination of all services. In this instance the scheduled work is non-refundable.
10.3 We have a zero tolerance policy on aggressive and abusive behaviour. Aggressive communication will result in immediate termination of the contract.
11. Governing Law
This Agreement shall be governed by and construed in accordance with UK law.
Social Media Service Terms
1. Acceptance of Terms
By engaging The Online Presence Specialist, herein referred to as “Supplier,” the client, herein referred to as “Client,” agrees to abide by the following terms and conditions.
2. Scope of Services
Supplier agrees to provide social media management services as specified in the mutually agreed-upon proposal or contract. Any changes to services must be agreed upon in writing.
3. Client Responsibilities
a. Client agrees to provide all necessary access and information required for the provision of services. This includes but is not limited to digital media, supporting documentation, logos and web access to platforms.
b. Client shall promptly respond to Supplier’s requests for information, approvals, and feedback.
c. Client is responsible for ensuring that all content and materials provided to Supplier comply with applicable laws and regulations.
4. Payment Terms
a. Client shall pay Supplier the agreed-upon fees in a timely manner, as specified in the invoice. Typically payment is due beforehand in order to commence work.
b. Late payment may result in the suspension or termination of services.
c. All fees paid are non-refundable unless otherwise specified in the contract.
5. Termination of Contract
a. The term of the agreement is as specified in the contract.
b. The Provider may terminate the agreement with written notice if the other party breaches the terms of this agreement.
c. Upon termination, Client shall promptly return any Supplier-owned materials and revert the website back to its original settings before the date at which work began.
6. Confidentiality
a. Both parties agree to keep confidential any non-public information shared during the course of this agreement including but not limited to emails, log in information, telephone calls and content strategy.
b. Supplier may use Client’s name and project details for marketing and promotional purposes, unless Client requests otherwise.
7. Intellectual Property
a. Client retains ownership of all pre-existing digital property such as images, logos, and web copy.
b. Supplier retains ownership of SEO practices, social media stray, design templates, tools, or other materials created during the provision of services.
8. Warranty and Liability
a. Supplier represents that the services will be provided with reasonable care and skill.
b. Supplier is not liable for any indirect, consequential, or incidental damages.
c. The client must not to make any changes to the work carried out in any service (social media, website designs or SEO practices). Doing so may negatively impact the results specified in the brief and render the work invalid. Additional changes will incur a fee.
9. Indemnification
Client agrees to indemnify and hold Supplier harmless from any claims, losses, or liabilities arising from the content or materials provided by the Client.
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11. Governing UK Law
This agreement shall be governed by UK law.
12. Entire Agreement
This agreement constitutes the entire understanding between the parties and supersedes all prior agreements and understandings.
13. Amendment
This agreement may only be amended in writing agreed by the Provider.
14. Severability
If any part of this agreement is found to be invalid or unenforceable, the remainder of the agreement remains in full force.
15. Waiver
Failure to enforce any provision of this agreement does not constitute a waiver of that provision.
12. Entire Agreement Summary
This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties.
By engaging the services of Provider, Client acknowledges that they have read, understood, and agree to these terms and conditions. This Agreement is effective as of the date of Client’s engagement of Provider’s services.
Refunds
All services are non-refundable. In the unlikely event that you should feel dissatisfied with the service, please contact [email protected] to discuss how we can make amends.