GENERAL TERMS AND CONDITIONS
The Agreement is effective as of the date of the email sent to you by MAW expressly confirming acceptance of your order or the date you accept the Agreement as part of MAW’s online order process.
- SEO SERVICES AGREEMENT
MAW agrees to provide the Client with SEO Services as described in this Agreement. MAW is authorized to use the specific keywords and/or phases provided by Client for development, improving the ranking of, and/or positioning the contents of the Client’s URL(s) in search engines and/or directories. SEO Services are intended to provide the Client with preferential positioning in selected search engines and report results on an ongoing and timely basis. SEO Services include:
- Research keywords and phrases to select appropriate, relevant search terms.
- Submit Customer’s pages to search engines and directories as set forth in this Agreement.
- Modify the title tags, meta tags, content, HTML code, URLs and other on-page factors.
- Create positioning reports showing rankings in the major search engines and under which keywords.
- OUR OBLIGATIONS
MAW’s obligation to begin providing Services is dependent on you subscribing to our Services through the ordering process on MakeAnyWebsite.com.We will perform all listed Services and any add-ons in a good and professional manner. MAW will maintain security practices that are specified on our website and will provide the specific security Services described in theServices Description listed online.
- YOUR OBLIGATIONS
You are responsible for keeping your account permissions, billing, and other account information in our service delivery to you. You must pay when due, the fees for the Servicesprovided by MAW or other agreement between us. Each of us agrees to work together to promptly resolve any disputes.
4.1 It is the Client’s responsibility to ensure that any website content is lawful and appropriate. MAW has no accountability any whatsoever with respect to any content posted on your website.
4.2Any material provided by the Client in relation to the production of the website will remain the Client’s property.
4.3 Designing and programming of all databases, source codes, html, photographs and graphics created byMAW are and will remain the intellectual property of MAW. Once full payment has been received from the Client, the Client will have a non-exclusive, non-transferable license to use, but not edit, the same within their website only.
4.4 The Client is ultimately responsible for checking the accuracy of site content. MAW will endeavor to provide a professional and reliable service to theClient at all times.MAW does not guarantee that the website/email/any and all Services as subscribed at MakeAnyWebsite.com will be available at all times. MAW will not be liable for any losses incurred, costs, compensation or loss of earnings due to the website/email/any and all Services being unavailable.
4.5 Where MAW registers a domain name on behalf of the Client, we do not guarantee that any particular requested domain name will be available until confirmation has been received from the naming authority.
4.6 In purchasing or renewing domain names on behalf of the Client, MAW is acting solely as the Client’s agent and accepts no responsibility for the continuance or otherwise of that registered domain name.
4.7MAWprovides no warranty that the domain name requested by the Client will not infringe the rightsof any third party and the Client will indemnify MAW in respect of any such infringements.
4.8By registering a domain name through MAW, the Client enters into a contract of registration with the registration authority relevant to that domain name and their terms and conditions will apply.
4.9It is the responsibility of the Client to ensure that registrant details are kept updated. In the event of a dispute,the relevant naming authority for the type of domain held should be contacted and provided with full details of the complaint.
4.10 The Client is expected to test fully any application or programming relating to a site developed by MAW before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, MAW will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined as per our discovery dialog.
- PROMISES WE DO NOT MAKE
5.1 We do not promise that the Services will be uninterrupted, error-free, or completely secure. You acknowledge that there are risks inherent in Internet connectivity that could result in the loss of your privacy, confidential information and property.
5.2 All Services listed on MAW and not limited to webpage in 12 hours, 24/7 support, online reputation management, soothing animations, google analytics integration, etc. will be provided on best effort basis. MAW owns no accountability in the event that we cannot deliver as per the Client’s satisfaction.
5.3We disclaim any and all warranties not expressly stated in the Agreement to the maximum extent permitted by law, including the implied warranties relating to satisfactory quality and fitness for a particular purpose. You are solely responsible for the suitability of the Services chosen. Any Services that we are not contractually obligated to provide but that we may perform for you at your request and without any additional charge are provided on an ‘AS IS’ basis.
5.4We do not have knowledge of the data you store within your System, including the quantity, value or use of the data. You are therefore responsible to take all reasonable steps to mitigate the risks inherent in the provision of the Services, including loss of your data, including any PII (Personally Identifiable Information). The Services that MAW has agreed to provide to assist you to mitigate such loss (if required) are set out at MakeAnyWebsite.com, which may include backup Services and geographically redundant servers. MAW does not promise to back up your data unless you have purchased backup Services. If you purchase backup Services,MAWdoes not promise to retain any data backup(s) for longer than the agreed data retention period. In all events, you release MAW from all the liability/damage resulting from the loss of data.
5.5 In the majority of projects, MAW will install and publicly post or supply the Client’s website by the date specified in the project proposal/ the selected package. If no such date is specified, the timescale shall be according to standard timeframe, unless a delay is specifically requested by the Client and agreed by MAW. An alternate timescale can be agreed during the initial project discussion. In return, the Client agrees to delegate a single individual as ‘first-point-of-call’ to aid MAW with completing the project in a satisfactory and expedient manner.
5.6MAW MAKES NO OTHER WARRANTIES, AND EXPRESSLY DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY RELATED TO PERFORMANCE OR TO THE SUITABILITY OF BUYER FURNISHED DESIGNS, MODIFICATIONS OR SPECIFICATIONS.
6.1 MAW hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to Clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
- Loss or damage due to disruption or unavailability of Services as listed on MakeAnyWebsite.com
6.2 MAW will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
6.3 MAW will not be liable or become involved in any disputes between the site owner (our Client) and their customers and cannot be held responsible for any wrongdoing on the part of a site owner.
6.4 There is no liability of MAW to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, unavailability of Services or any other reason whatsoever.
7.1 Any information collected by MAW will never be passed on to third parties for marketing purposes.
7.2 The information collected from the Client during the ordering process is only used for the purposes of billing, administration and supporting the products and Services we aim to deliver.
7.3 The information collected from our website is only used for website and traffic analysis and will not be used to approach website visitors.
7.4 In certain circumstances MAW contracts out Services to third parties in order to deliver a particular product such as domain name registration. In such cases, information will be passed on only to ensure delivery of those Services. At all times, parties to which we contract Services or disclose your personal information are either covered by contracts which protect your personal information or are subject to obligations which are substantially similar to our own.
7.5 MAW maintains mailing lists for the purpose of providing updates and promotional information. Emails may be sent by us to Clients or website visitors. Client/customer can at any time opt out of a mailing list by clicking an unsubscribe link at the bottom of any emails received.
7.7The Client is responsible for any personal or private information contained within their website.
<palign=”justify”>7.8 MAW will endeavor to protect the confidentiality of Client’s information, account information and personal communications stored within our service and administration infrastructure. MAW will use appropriate processes and systems such as data encryption, firewalls, user authentication and verification protocols to protect customer information from misuse, loss and unauthorized access or modification. MAW will not be liable for any loss of customer private or confidential information due to any reason whatsoever.
7.9 By using our website and/or Services, you consent to the collection and use of information by MAW as specified above.
- UNAUTHORISED ACCESS TO YOUR DATA OR USE OF THE SERVICES
MAW is not responsible to you or any third party for unauthorized access to your data or the unauthorized use of the Services. MAW is also not responsible for any breach of data or unauthorized access of use of third party Services integrated or used with the offerings at MakeAnyWebsite.com. The Client is responsible for the use of the Services by any employee of yours, any person you authorize to use the Services, any person to whom you have given access to the Services, and any person who gains access to your data or the Services as a result of your failure to use reasonable security precautions, even if such use was not authorized by you.
- EXPORT MATTERS
You represent and warrant and undertake that you will not possess, use, import, export or resell (and shall not permit the possession, use, importation, exportation, or resale of) the Services or any information or technical data provided by MAW to you under this Agreement in any manner which would cause MAW or its Affiliates to breach any applicable export control laws, rules, or regulations of any jurisdiction (including without limitation those under US law). Without limitation, you represent and warrant and undertake that you will not provide administrative access to or permit use of the Services by any persons (including any natural person, government or private entity or other form of body corporate) that is located in or is a national of any country that is embargoed or highly restricted under US export laws, rules or regulations.
- MEDIA DELIVERY REQUIREMENTS
Unless otherwise specified in the project quotation/selected package, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered via e-mail, CD-ROM, DVD, or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. The specific requirements will be discussed and agreed with the Client prior to commencement of the project. Although every reasonable attempt shall be made by MAW to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
- POST PROJECT ALTERATIONS
MAW cannot accept responsibility for any alterations caused by the Client or a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
- PAYMENT OF ACCOUNTS
12.1 Payment is due every thirty (30) days after the initial trial period is over as specified on MakeAnyWebsite.com. It is MAW’s policy that any outstanding accounts for work carried out by MAW or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with MAW.
12.2 Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact Clients via email and telephone to remind them of such payments if they are not received when due.
12.3 If accounts are not settled or MAWhave not been contacted by the Clientregarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non-payment can result in county court judgements (ccj’s) being added to the Client’s credit rating.
12.4 Following consistent non-payment of an invoice, our Solicitors will contact the Client in question, with a view to taking the matter further and if need be, seek payment through legal procedures, and if necessary through court summons.
- Hosting Payment Policy & Billing Procedures
All accounts are set up on a pre-pay basis. We accept online payments via Credit Card such as Visa, Master Card, American Express etc. All pricing is guaranteed for the term of pre-payment. MAW reserves the right to change prices at any time. Payment is due each anniversary month or period following the date the account was established. If 10 days have passed and payment has not been posted, the account will be suspended until further notice. The Client is responsible for all money owed on the account from the time it was established to the time that the customer notifies MAW to request termination of Services.
14.1 Either of us may terminate the Agreement with immediate effect on written notice if the other (or we reasonably believe that the other): (i) is unable to pay its debts; or (ii) enters into compulsory or voluntary liquidation; or (iii) compounds with or contravenes a meeting of its creditors; or (iv) has a receiver or manager or an administrator appointed (or an application is made to the court for thesame); or (v) ceases for any reason to carry on business or takes or suffers any similar action which means that it may be unable to pay its debts (“Insolvency Event”).
14.2Termination of the Web Development project by the Client must be requested in writing and will be effective on receipt of such notice. E-mail or telephone requests for termination of Services will not be honored until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
14.3 MAW is not liable to restore your old website, if present, before entering into the agreement to take over your web development needs.
14.4 MAW is not liable for any damages or liability whatsoever arising due to the termination of our Services agreement.
You agree that we may publicly disclose that we are providing Services to you and may use your name and logo to identify you as our customer in promotional materials, including press releases. We will not use your name or logo in a manner that suggests an endorsement or affiliation.
MAW personnel may from time to time recommend third party software/other Products and Services for your consideration. MAW MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING SUCHSERVICES. Your use of any Products and Services not provided by MAW is governed by the terms of your agreement with the provider of those Products and Services, and is at your sole risk. MAW is not responsible in any way for the third party product’s performance, features nor failures.
- OWNERSHIP OF INTELLECTUAL PROPERTY
Each of us retains all right(s), title and interest in and to our respective trade secrets, inventions, copyrights and other intellectual property. Any intellectual property developed by MAWduring the performance of the Service(s) shall belong to MAWunless we have agreed with you, in advance and in writing that you shall have an interest in the intellectual property.
- FORCE MAJEURE
Neither of us will be in breach of the Agreement if the failure to perform the obligation is due to an event beyond our control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry.
MAW and any third party associates agree that, unless directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. The Client agrees that it will not convey any confidential information about the MAW to another party, unless directed by us.
Occasionally, MAW is required by law to submit Client information to law enforcement officials when presented with a valid subpoena from a court with proper jurisdiction. Information requested is disclosed as directed pursuant to the subpoena. MAW utilizes great care in keeping Client information safe and private and will only release information described in the subpoena. MAW will notify the Client of the information requested as allowed by the subpoena.
- UNENFORCEABLE PROVISIONS
If any part of the Agreement is found unenforceable by a court, the rest of the Agreement will nonetheless continue in effect, and the unenforceable part shall be reformed to the extent possible to make it enforceable but still consistent with the business and financial objectives of the parties underlying the Agreement.
- NO PARTNERSHIP
The relationship between the parties is that of independent contractors and not business partners. Neither party is the agent of the other, and neither party has the right to bind the other to any agreement with a third party.