Terms of Service

New terms:

Terms of Service

Effective Date: 1st January 2023
Company Name: The Online Presence Specialist
Contact Email: jarvisclothier@gmail.com

1. Introduction

These Terms of Service govern the use of services provided by The Online Presence Specialist, including social media management, search engine optimisation (SEO), telephone consultations and web development projects. By engaging with these services, the client agrees to comply with and be bound by these terms.

2. Definitions

  • “Company” refers to [Company Name], its employees, and authorised representatives.
  • “Client” refers to any individual or business that engages the Company’s services.
  • “Services” refers to all social media, SEO, and web development services provided by the Company.
  • “Agreement” refers to the contract formed between the Company and the Client upon acceptance of a proposal, quotation, or invoice.

3. Services

The Company provides the following services:

  • Social media management, strategy, and content creation
  • Search engine optimisation (SEO) including on-page, off-page, and technical SEO
  • Web design, development, and maintenance
  • Digital marketing consultancy and analytics reporting
  • SEO monitoring continues for 60 days from the start of there contracted works as standard. Some cases will be extended to 90 days depending on core updates and other external factors impacting search engine external function. This will affect the cost of work.
  • Provider will make a reasonable number of 2 drafts (AKA design revisions) and modifications for websites only. Any additional revisions beyond what is considered reasonable (2 drafts including website testing) will be subject to additional charges.
  • The Provider cannot be held responsible for technical issues, error, deletions or changes due to social media platform glitches, software updates or changes that may impact social media content or scheduling tools such as META.

All services are delivered according to the specifications agreed upon in writing between the Company and the Client in a quote.

4. Client Obligations

The Client agrees to:

  • Provide all necessary information, materials, and access required for the Company to perform the Services in an accurate and timely manner.
  • Ensure that all content provided is accurate, lawful, and does not infringe any third-party rights.
  • Respond promptly to communications and approvals to avoid project delays.
  • Comply with all applicable laws and regulations related to their business and online presence.
  • Should a Client delete work that has been provided, additional fees will be applied to the project in order to rectify or replace the lost work. 
  • Social media posts will be created once and are not replaceable after the contract has begun. Content is not replaceable should the Client delete it or lose it at a later date after the contract is ended. There is one opportunity during the scheduling phase to amend content. The Client must give at least 2 working days notice to amend changes to social media content.
  • 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 Company, the Client agrees to take full responsibility for negative changes in the results of the website’s data, visits, views and/or functionality.
  • Should the Client involve a third party in the design process without prior communication for any service from the Provider the contract will become null and void.
  • We have a zero tolerance policy on aggressive and abusive behaviour. Aggressive communication will result in immediate termination of the contract.
  • 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.

5. Fees and Payment

  • Fees are outlined in the proposal or quotation provided to the Client.
  • Quotes are valid for a maximum of 60 days. 
  • Payment terms are full payments up front to the value of £2000. Fees over this amount may be subject to a payment plan at 12%APR.
  • Late payments may incur interest at 10% per 28 days they are delayed.
  • All prices are exclusive of VAT unless otherwise stated.
  • The Company reserves the right to suspend or terminate services for non-payment and inappropriate or abusive behaviour. 
  • Fees are non-refundable. 
  • 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.

6. Intellectual Property & Digital Storage 

  • The Company reserve the rights to all intellectual property regarding SEO and social media practices and implementation. 
  • All other intellectual property (graphic designs) created by the Company, including designs, code, and written content, remains the property of the Company until full payment is received.
  • Upon full payment, ownership of (graphic design) deliverables transfers to the Client, excluding any third-party materials or software used under licence.
  • The Company reserves the right to display completed work in its portfolio and marketing materials.
  • All written and digital content including but not limited to pictures, videos copy, logos, email exchanges and coding will be kept on file for 12 months. After this time they may be removed from the archives or destroyed. Clients are encouraged to keep a thorough record of their digital content for future use.
  • Logo designs become the intellectual property of the Client upon a successful and timely payment for services. An intellectual property contract can be provided on request.

7. Confidentiality

– Both parties agree to keep confidential any proprietary or sensitive information (including but not limited to emails, log-in information, telephone calls and content strategy) shared during the course of the project and thereafter. This obligation continues after the termination of the Agreement.

– Supplier may use Client’s name and project details for marketing and promotional purposes, unless Client requests otherwise.

8. Warranties and Liability

  • The Company will perform the Services with reasonable skill and care.
  • The Company does not guarantee specific results such as search engine rankings or social media engagement levels. The Company can only predict outcomes based on data provided.
  • The Company is not liable for any indirect, incidental, or consequential losses arising from the use of its Services.
  • The Client is responsible for ensuring that their website and online content comply with applicable laws, including data protection and accessibility requirements.
  • 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.

9. Termination

  • Either party may terminate the Agreement with [30 days] written notice.
  • The Company may terminate the contract immediately should the Client breach these Terms or fails to make payment.
  • Upon termination, the Client must pay for all work completed up to the termination date.
  • Fees are non-refundable.
  • Should a Client terminate an SEO project, breach the terms of service or fail to pay in a timely manner, all organic SEO implementation must be removed from the website permanently with immediate effect.

10. Data Protection

The Company complies with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Personal data will be processed only as necessary to deliver the Services and in accordance with the Company’s Privacy Policy.

11. Third-Party Services

The Company may use third-party tools or platforms (e.g., hosting providers, analytics tools, social media platforms) to deliver Services. The Company is not responsible for the performance, availability, or terms of these third-party services.

12. Force Majeure

The Company is not liable for any delay or failure to perform its obligations due to events beyond its reasonable control, including natural disasters, strikes, or technical failures.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14. Amendments

The Company reserves the right to amend these Terms at any time. Updated Terms will be published on the Company’s website and will take effect immediately upon posting.

15. Entire Agreement

These Terms, together with any written proposal or quotation, constitute the entire agreement between the Company and the Client and supersede all prior communications or understandings.

Contact information: 

The Online Presence Specialist
jarvisclothier@gmail.com
www.onlinepresencespecialist.co.uk

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