Terms - Web Windows Marketing

Terms of Business:

General
Advertising
Website, Search Engine and Internet Marketing Services

1. General

1.1. These conditions shall apply to orders and agreements with Web Windows Marketing Limited either for print or online advertising or for any other service agreed. Any other proposed condition shall be void unless incorporated clearly in writing, on a Sales Order and specifically accepted by Web Windows Marketing Limited. For your protection calls to and from the Web Windows Marketing Limited may be recorded. The contract which incorporates these conditions shall be constructed under and governed by the law of England and the parties hereby irrevocably agree that the courts of England shall have exclusive jurisdiction to resolve any controversy or claim of whatsoever nature arising out of or in relation to this contract or breach thereof. In the case of any dispute, clients are requested to follow the complaints procedure as detailed herein

1.2. The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Web Windows Marketing Limited for inclusion on their website or in advertising are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Web Windows Marketing Limited and its subcontractors from any liability or suit arising from the use of such elements.

1.3. Advertisers' property is held at Owner's risk and should be insured by them against loss or damage from whatever cause. Web Windows Marketing Limited reserves the right to destroy all property which has been in his custody for over 12 months.

1.4. In the event the client continues to make further payments to Web Windows Marketing Limited post cancellation of any agreement, the client agrees that Web Windows Marketing Limited is not obliged to issue refunds. It is the Clients responsibility to stop further payments.

1.5. Web Windows Marketing Limited reserves the right to charge overdue accounts at the rate of 5% per month for each calendar month outstanding.

1.6 Refund Policy: In exceptional circumstances a refund maybe granted at the discretion of Web Windows Marketing Limited's management.

2. Advertising in Print and Online

2.1. All advertisements are accepted subject to Web Windows Marketing Limited’s approval of the copy or that of the media owner concerned. All advertising is subject to availability.

2.2. Web Windows Marketing Limited reserves the right to omit or suspend an advertisement at any time for good reason, in which case no claim on the part of the Advertiser for damages or breach of contract shall arise. Should such omission or suspension be due to the act or default of the Advertiser or his servants or agents then the space reserved for the advertisement shall be paid for in full notwithstanding that the advertisement has not appeared. Such omission or suspension shall be notified to the Advertiser as soon as possible.

2.3. If Web Windows Marketing Limited considers it necessary to modify the advertisement copy or alter the date or position of insertion or make any other alteration, the Advertiser may not necessarily have the right to, cancel if the alterations requested are not acceptable, particularly when such changes are due to an emergency or circumstances beyond Web Windows Marketing Limited’s control. Every care is taken to avoid mistakes but Web Windows Marketing Limited cannot accept liability for any errors due to third parties, subcontractors or inaccurate copy instructions.

2.4. The Advertiser undertakes that his advertisement does not contravene any domestic legal requirements he/she may have.

2.5. In the case of print advertising, when Web Windows Marketing Limited is unable to supply an advertiser with an actual copy of a magazine, an electronic version in the form of a PDF file will be supplied on request.

2.6. Web Windows reserves the right to provide alternative advertising media as a result of third party action.

2.7. The Advertiser will indemnify Web Windows Marketing Limited in respect of any claim made against the Web Windows Marketing Limited arising from the advertisement. Web Windows Marketing Limited will consult with the Advertiser as to the way in which such claims are to be handled.

2.8. Advertisement rates are subject to revision at any time and orders are accepted on condition that the price binds Web Windows Marketing Limited only in respect of the next issue to go to press. In the event of a rate increase, the Advertiser will have the option to cancel the order without surcharge or continue the order at the revised advertisement rates.

2.9. If an Advertiser cancels the balance of a contract, except in the circumstances set out in Clause 5 or 8 above, he/she relinquishes any right to the series discount to which he/she was previously entitled and advertisements will be paid for at the appropriate rate.

2.10. Web Windows Marketing Limited cannot accept responsibility for the quality of reproduction if the artwork has been generated from an on line supply. We recommend a minimum font size of six for all publications.

2.11. At least 12 weeks' notice prior to publication is required to stop or suspend an insertion. Notice of intention to cancel your insertion(s) must be forwarded to Web Windows Marketing Limited by registered post/courier to the following address: The Production Department: Web Windows Marketing Limited, 1 Minerva Business Park, Lynch Wood, Peterborough PE2 6FT. NB. CANCELLATION BY ANY OTHER METHOD WILL NOT-BE ACCEPTED.

2.12. A penalty charge of 35% of the total order value will be levied on all cancelled orders.

2.13. When an advertisement has been booked and the Advertiser has not supplied copy by the necessary deadline and no existing copy is already held, Web Windows Marketing Limited reserves the right to print advertising copy that it deems appropriate for the space allocated. Web Windows Marketing Limited will invoice the Advertiser for the whole cost of the advertisement and the amount is payable on due date.

2.14. If copy instructions are not received by agreed 'copy date' no guarantee is given that proofs will be supplied nor corrections made and Web Windows Marketing Limited reserves the right to use the most appropriate copy.

2.15. Web Windows Marketing Limited reserves the right to upgrade or alter the size of an advertisement without the prior consent of the advertiser. In such circumstances a proof may not be supplied.

2.16. In the event of any disagreement regarding the number of impressions served, the online Advertiser agrees that the figures provided by OpenX or the website on which the advertiser appeared to be final and binding.

2.17. All online advertising is booked ‘run-of-site’ unless otherwise stated. This may mean that the advertiser runs the risk of not being able to locate their advertisement. When possible Web Windows Marketing Limited will provide a screenshot of the booked advertisement but this is not a condition of payment.

2.18. In a situation when a guaranteed number of impressions are included as a condition of the sale and the number of impressions is less than that guarantee, Web Windows Marketing Limited shall continue to serve the Advertisements after the end of the campaign period until the number of booked impressions is reached.

2.19. If a problem is identified with the campaign's performance the client must make this known at the earliest possible opportunity.

3. Website, Search Engine and Internet Marketing Services.

3.1. All agreements entered into are for the website specified by the client. Orders for work are transferable to another website only at the discretion of Web Windows Marketing Limited.

3.2. Where access or other details are required from the client to complete the agreed work Web Windows Marketing Limited are under no obligation to issue refunds when these details are not supplied.

3.3. Web Windows Marketing Limited retains the right to cancel any work or service with immediate effect if the website or client is found to be involved in any illegal, explicit or otherwise prejudicial activity.

3.4. Should the service be suspended or cancelled due to a breach of terms by the client, the client will remain liable for the outstanding balance of the original contract into which they entered. If the client provides 3 months written notice of their intention to disengage from the service, Web Windows Marketing Ltd will consider the request without prejudice but this does not remove liability from the client for payment of their account unless written notice stating such is provided by Web Windows Marketing Ltd.

3.5. In the case that the invoice does not relate to a contracted term of work a client can cancel their invoice by giving written notification and by paying a 20% cancellation fee to conver investegatory and prepartory work implemented. Failure to provide details necessary to carry out work which has been invoiced does not preclude the client from giving written notificaiton of cancellation and paying the 20% cancellation fee.

3.6. Where discounts have been applied for a specified contract length the client is liable for the entire value of the contract regardless of any desire to cancel.

3.7. Web Windows Marketing Limited is not responsible for the content or conduct of any external websites on which a link to a client’s website is placed.

3.8. Web Windows Marketing Limited reserves the right to request at any time details of any other online promotion or optimisation work that is being carried out by the client and can at any time cancel the agreed service with immediate effect should this work be prejudicial to the reputation or work of Web Windows Market Limited or any of its employees.

3.9. Web Windows Marketing Limited accepts no responsibility for the content of any client’s website. The client is responsible for ensuring that the site complies with all legal requirements that are applicable.

3.10. Web Windows Marketing Limited relies solely on the figures provided by search engines where paid for adverts appear and offers no further security than that provided by the search engine in question.

3.11. Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Web Windows Marketing Limited cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

3.12. Web Windows Marketing Limited 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.

3.13. The client is solely responsible for the security of their website. Web Windows Marketing Limited recommends passwords and other sensitive information is changed once work has been completed.

3.14. Web Windows Marketing Limited has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Client’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.

3.15. Web Windows Marketing Limited does not assume liability for any actions carried out by the client that may negatively affect the SEO.

3.16. Due to the competitiveness of some keywords/phrases, on-going changes in search engine ranking algorithms, and other competitive factors, Web Windows Marketing Limited does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term.

3.17. Web Windows Marketing Limited does not assume liability for any actions carried out by any third party that negatively affect the client’s website or search engine ranking.

3.18. Where work to a website is carried out by anyone other than Web Windows Marketing Limited, Web Windows Marketing Limited assume no liability for any resulting consequences. The Client will be liable for charges where work is necessary to modify changes made by anyone other than Web Windows Marketing Limited.

3.19. Once work has been implemented by Web Windows Marketing, removal of or changes to any portion of that work (carried out by any person other than Web Windows Marketing) will absolve Web Windows of any prior guarantees or special instructions.