DIGITAL MARKETING TERMS & CONDITIONS
Within this marketing agreement, Marketing Street LTD (registration 11807756) shall be “the seller” and the company or individual placing the order shall be “the buyer”. Marketing Street LTD operates independently. We are not employed, endorsed, or agents of Facebook™ or Google™. Google Ads™ are trademarks of Google™, Inc.
Marketing Street LTD will create online Google Ads™ advertisements based around your chosen keyphrase(s). As part of the month-by-month rolling agreement, Marketing Street LTD will generate sponsored listing adverts across the relevant search engine (Google™) every day for one calendar month. Marketing Street LTD or any other Online Marketing Company cannot guarantee 24/7 advert exposure, unlimited clicks or specific positions on page one of Google™ as we cannot control what the ‘searcher’ of your chosen keyphrase(s) will do, i.e click on your advert or someone else’s. Please speak to a Marketing Street Account Manager who will be able to explain the mechanics of PPC in more depth. Upon receipt of payment for services, Marketing Street LTD deems the buyer to have read and agreed to these terms. All Google™ advertisements follow the policies and guidelines as defined by Google™.
For more information on these policies, please visit the following link: https://support.google.com/adspolicy. You will be able to see your adverts by going to Google™ and typing in your chosen keyphrase(s) into the Google™ search bar and clicking ‘search’, as stated in your launch email. In the event of suspected click fraud and/or unusually high traffic, Marketing Street LTD reserve the right to pause and review such accounts. We cannot be held responsible for such incidents as they are out of our control. Marketing Street LTD employs a fair use policy. This is designed to provide the most effective service to all customers.
All Facebook™ advertising campaigns are based on buyer specific demographic information chosen at the point of sale or on a follow up call. These will be shown to you located in your launch email with a copy of your adverts so you can see how they look. All Facebook™ advertisements follow the policies and guidelines as defined by Facebook™. Such policies and guidelines include demographic and geographical targeting. For more information on Facebook’s™, latest policies please visit www.facebook.com.
The seller accepts no responsibility for copyright issues on adverts created on the buyers behalf where content of a graphical or textual nature have been supplied by, or permission granted by, the buyer from any source which is to be included in the buyers advertisement. The number of impressions is based on the package selected by the buyer. Numbers of impressions are based on specific demographic criteria which are controlled and provided by Facebook™. These criteria include age, gender and location. You may change your demographics by calling our customer service team; these changes may affect the number of impressions available.
WEBSITES & HOSTING
Marketing Street LTD will charge a set-up fee for the technician/developer to build your website. The buyer will be billed a monthly hosting fee for the website. The monthly fee is based on a twelve-month renewable contract. If the buyer has a marketing account with Marketing Street LTD, the monthly fee will be waived. In the event that the buyer cancels the marketing agreement the monthly fee will resume. Free websites/landing pages may contain Google AdSense. This can be removed for a small fee. Domain names and websites bought by Marketing Street LTD will only contain the clients’ information whilst marketing with us, unless otherwise stated. Where a free landing page website or Facebook ™ page has been offered, a link to an online brief will be sent at the point of payment.
Please ensure you complete this document with in-depth information regarding your business and return within 48 hours. In the event a brief is not returned within this time frame, your online marketing will commence using a basic template formatted using the buyers business details, unless an extended timeline is agreed in writing. The quality of the site will be reflected directly to the amount of content you are able to provide. The Landing Page Website/Facebook™ page is an addition to the advertising you have purchased and does not alter or affect the terms and conditions of the online advertising. The design on all free of charge landing page websites/Facebook™ pages remains the property of Marketing Street LTD.
Marketing Street LTD will host the buyer’s website inclusive of the Google package if required. The content of the buyer’s website is the sole responsibility of the buyer. The buyer must not upload to their website content which is unlawful, pornographic, obscene or threatening. While the seller will use every reasonable measure to ensure the integrity and security of the server, the seller cannot guarantee that the server will be free from unauthorised users or hackers. The seller shall endeavour to ensure the continuation of service at all times however the seller shall not, in any event, be held liable for interruptions of service or downtime of the server.
DURATION OF CONTRACT
Before receipt of payment for services, Marketing Street LTD deems the buyer to have read and agreed to these terms. All Facebook™/Google™ advertisements follow the policies and upon receipt of payment the buyer agrees to this agreement. The first month is a paid trial whereby the ‘buyer’ can cancel the advertisement with no notice and no further payments after you have received your Marketing Statistical Report outlining the performance within that month. All payments made to Marketing Street LTD are non-refundable. If the ‘buyer’ does not cancel the agreement at the end of the paid trial then this agreement will automatically renew and you will automatically be charged again for one further calendar month, from the date of signup and each month thereafter until we receive a cancellation notice by written email only.
If the payment date falls on a weekend or bank holiday then the payment will be taken on the previous working day. The renewal price will be charged at full price as stated on our website, in your welcome email on the date of payment, in the initial sales call and inputted into this agreement. If the buyer chooses to increase their budget at any point in order to boost their marketing potential, add additional keyphrases or extend their marketing time, this will not be classed as a new agreement, but merely a variation of this agreement which can be done by the buyer at any point by speaking with their account manager at Marketing Street LTD and will be confirmed in writing via email to the buyer.
CUSTOMER CONTACT DETAILS
It is the responsibility of the buyer to ensure we have the correct email address and telephone/mobile number to be contacted on. Due to various issues such as strict spam filters, and software updates/glitches (etc) we cannot be held responsible for buyer not receiving reports, emails (etc) from us.
It is the sole responsibility of the buyer to inform us in any instance if they would like to cancel their marketing campaign and/or of any problems they may have.
CANCELLATION OF CONTRACT
Within your first month, the buyer can cancel the agreement with immediate effect via the cancellation form on the Marketing Report which will be sent via email 2-3 days before the initial month comes to an end. The buyer must ensure this cancellation form is filled out correctly as this may delay the cancellation. Once we receive the cancellation, no further payments will be debited and the buyer’s account will be closed.
If we do not receive a cancellation from the buyer, we will assume that they are happy to renew the marketing and the buyer will then enter into month two and we will continue to run the agreement indefinitely on a month to month basis until further notice or until we receive a cancellation by the buyer. Following this (after month one) a simple 30 day cancellation is required by the buyer and a final payment will be due. If the buyer wishes to cancel, we must insist on all cancellations to be received via the cancellation form for a genuine timeline to be registered in the event there is a dispute by either party.
If any of your payments fail to be collected due to lack of funds, they will automatically be attempted to be taken again in approximately 3 – 5 days’ time. If this payment also fails a late payment fee of £50+VAT will be added to your arrears. If direct debits are cancelled by the buyer this will by no means cancel the marketing contract you have entered into and the buyer will be liable for the total of the contracts remaining value instantly. In certain circumstances, the buyer will be allowed to clear the arrears and reinstate the direct debit payments with no additional costs. If either of the above instances occur the buyers marketing will automatically be paused yet normal monthly costs will be charged/accrued.
Any chargebacks requested by the buyer via their credit card company will be strongly contested by Marketing Street LTD through a dedicated credit control team. All chargebacks will be applied an administration fee of £70+VAT for the time and resources taken to prove that the monies were in fact owed to Marketing Street LTD in the first case.
BUSINESS TO BUSINESS CONTRACTS
Trading Standards can offer advice on business to business contracts, for the supply of products, as well as contracts where businesses need help with an agreement they have entered into with a consumer. The law treats business to business contracts differently than it does business to consumer contracts. These differences include the following:
1) Distance selling & doorstep selling Regulations
Businesses do not get cooling off periods when signing up to contracts at home or business premises or at a distance. Unless the contract you have with the company you are purchasing the product from states you have a cooling off period, you will not have one.
2) Unfair Terms
A large proportion of the legislation relating to unfair terms either does not apply in a business to business contract or only applies at the discretion of the court. It is always important therefore to check your terms and conditions prior to signing up to a contract.
3) Sale of Goods Act & Supply of Goods and Services Act
Most of the Sale of Goods Act and the Supply of Goods and Services Act, which provides the buyer with rights in cases of faulty goods; mis described goods; or substandard services, also applies to business to business contracts.
However again bear in mind that liability may be limited or excluded by the terms and conditions of a business to business contract.
4) Consumer Credit Act
The Consumer Credit Act does not apply to an offer or supply of credit to limited companies, however it does apply to contracts entered into by sole traders and partnerships.
The UK has adopted and implemented certain provisions of the EU’s Electronic Commerce Directive in the Electronic Communications Act 2000, which makes eSignatures legally admissible in the UK. The Consumer Credit Act of 1974 was amended in 2004 to further facilitate the electronic signing of credit agreements.
Section 7 of the Electronic Communications Act states that in any legal proceedings, an electronic signature incorporated into or logically associated with a particular electronic communication shall be admissible into evidence in relation to questions as to the authenticity or integrity of the communication or data.
Like ESIGN, the specific electronic signature technology is not defined by the Act or the Regulations themselves. However, best practices should include an acknowledgement by parties that they are affirmatively agreeing to sign by an electronic signature. EchoSign automatically includes such an acknowledgment in every transaction.