WEBSITE OPTIMISATION AND ONLINE MARKETING
TOPCLICK Marketing Ltd (the Seller) guarantees using its online systems to create online advertisements based around the Buyer’s key phrases and the company name as agreed at the point of sale. The adverts will then appear on the first page of www.google.com (or other as requested) under the selected key phrases agreed at point of sale.
All phrases as initially agreed will be enhanced so as to increase the overall exposure of the website on such search engines. The Seller agrees to make all necessary amendments to the website and make submissions to such search engines on behalf of the buyer.
The Buyer can see the adverts by going to www.google.com or www.google.com/adpreview and typing their chosen key phrases into the Google search bar and click “search”. Upon receipt of payment the Buyer agrees to this contract. The Buyer’s adverts will be activated within 48 working hours of the order date unless otherwise specified by the buyer or seller at the point of sale.
UNDERTAKINGS OF THE CLIENT
In order for the Seller to fulfill their obligations under this Agreement, the Buyer hereby undertakes to provide the Seller with such information and assistance as the Seller may reasonably request and the Buyer shall consider reasonably necessary in order to carry out the project.
The Buyer hereby undertakes to grant the Seller sole and exclusive engagement for the provision of the website or campaign throughout the Terms of the Agreement.
If either party wishes to change any part of the website or campaign, they shall submit to the other in writing details of the requested change.
If the Buyer requests such a change, the Seller shall (within a reasonable time) estimate the likely time required to implement the change, its likely effect on any implementation plan and/or its ability to deliver the website and campaign in accordance with this Agreement, and its reasonable impact on the charges.
If the Buyer requests such a change then the Seller shall within 3 days convey to the Buyer the likely time required to implement the change and its impact on the charges. If the Buyer wishes the Seller to proceed with the change, the Seller shall do so on the basis of the amended charges, and unless the Seller’s request was attributable to a default on the part of the Buyer neither the implementation plan nor any other terms of this Agreement shall vary without the Buyer’s prior written consent.
CHARGES AND PAYMENT
The Buyer agrees to pay the Seller the charges as stated in the price list. The same may be amended from time to time which will be stated on the company’s website.
Where any part of the charges are stated to be due on a monthly basis, they shall be invoiced monthly in advance by the Seller.
All sums payable under this Agreement are expressed exclusive of any applicable VAT which, if applicable, will be payable by the Buyer. All sums shall be paid in Pounds Sterling.
DURATION OF CONTRACT
This contract for optimisation will renew for one further month, each calendar month, from the date of entering into the agreement. If the renewal payment date falls on a Saturday or Sunday, the Buyer’s payment will be debited on the proceeding Friday.
The Buyer may terminate this Agreement in the event that the Seller breaches a material term or any condition of this Agreement (save to the extent that the same is caused in whole or in part by any act or omission of the Buyer including without limitation, any breach by the Buyer of any of their obligations, covenants, or undertakings pursuant to this Agreement) and such breach continues for a period of thirty (30) calendar days after the Buyer provides the Seller a written notice thereof, setting forth the nature of the alleged breach.
Termination of this Agreement howsoever arising shall not affect or prejudice the accrued rights of the Parties as at termination or the continuation of any provision expressly stated to survive or implicitly surviving termination.
After the first month’s trial, the notice period of thirty days is required from the Buyer in writing to cancel the advertising campaign. Within the first month trial the Buyer can cancel the agreement with immediate effect. The Buyer can only cancel the contract by emailing to TOPCLICK Marketing Ltd (firstname.lastname@example.org). Details of this can be found on the company website.
This Agreement supersedes all prior agreements, understandings, proposals, tenders and arrangements of whatever nature in respect of the subject matter hereof, whether written or oral, and in whatever media, and sets out the entire agreement and understanding between the parties relating to its subject matter.
The Parties hereby acknowledge and agree that neither of them has been induced to enter into this Agreement in reliance upon, nor have they been given any warranty, representation, statement, agreement or undertaking of any nature whatsoever other than as expressly set out in this Agreement, and to the extent that any of them, the relevant party hereby unconditionally and irrevocably waives any claims, rights or remedies which it might otherwise have had in relation thereto.
This Agreement applies in place of and prevails over any terms or conditions contained or referred to in correspondence or elsewhere or implied by law (to the extent the same can hereby be excluded), trade custom or course of dealing and any purported contrary or inconsistent provision is hereby excluded.
The Buyer hereby acknowledges that they have read the Terms and Conditions and that they accept the same as being a copy of which is attached hereto, and which are expressly incorporated herein.
GOVERNING LAW AND JURISDICTION
This Agreement is governed by laws of England and Wales and the parties hereby agree to the non-exclusive jurisdiction of the English Courts. In witness whereof this Agreement is entered into on the day and year first before written by the parties hereto.
RETURN / REFUND POLICY
The Buyer can cancel or pause his Google advertising campaign within 48 working hours of the agreement being confirmed by the Buyer and TOPCLICK Marketing Ltd.
Claims will be dealt with within 24 hours of the claim being filed. Refunds will be processed with 5 working days of date of the claims being filed.