Terms and Conditions of Big Gun Digital Products & Services

Agreements with our Customers

Our agreements and contracts are all made verbally by phone or by signed contracts. By paying for one of our SEO Packages as a monthly service you are accepting that you have read and understood our terms and conditions set out. Your agreement with us runs for the month in which it is agreed and invoiced although the agreed hours of service may spill into the following calendar month.

…When will our work be done?

Our digital marketing service will usually be carried out during the course of the month at any stage. If for any reason the full number of hours is not utilised for work on the customer account then the remaining hours will roll into the following calendar month. Adversely, Big Gun Digital may, at our own discretion, decide to bring hours forward from the following month in order to honour the completion of projects undertaken that overrun the designated number of hours paid for by the customer.

…How do we know what work has been done?

All of our clients have 24/7 access to their own Activity Report which details all works undertaken on their account. The Activity Report is an online spreadsheet document with tabs for each month so that historic works can be seen throughout the course of the year.

Big Gun Digital do strongly recommend that at least the ‘Essential Projects’ are completed throughout the course of the month however there is sometimes a possibility that adhoc jobs can be squeezed in.

…What are Priority Words?

You are allocated a number of Priority Words according to the type of SEO Package that you agree to. These Priority Words are tracked in Google.co.uk and/or Google.com and/or Google.co.uk mobile and/or Google.com mobile and or Bing.com.

Priority words are the words that help your website rank high in search engines for keywords and key phrases that generate enquiries and sales. They give us direction.

We do not guarantee page 1 ranking positions for all of your Priority Words however we do guarantee page 1 ranking positions for a combination of those and closely related keywords / key phrases. The guaranteed number of these keywords / key phrases is dictated by the SEO Package that you are on.

…How do we gauge the effectiveness of your work?

Ultimately, Big Gun Digital are working with you to ensure that you recuperate a certain percentage of profit back on the cost of your marketing spend with us. This will often be referred to as a ROI (Return On Investment).

Obviously our role is to assist you in generating enquiries and/or sales via your website. It is then your responsibility to convert/fulfil them.

We keep a track of some Key Performance Indicators in a KPI Report that is unique to you. This shows two years worth of data broken down into monthly rows. It shows figures such as Visits, Goals, Estimated Total Leads and then Estimated Cost Per Visit and Estimated Cost Per Lead based on your monthly spend.

In order for us to do our job as effectively as possible we would love to work with you to include more columns such as;

  • Actual Enquiries – Our clients who are serious about their business send us a monthly breakdown of enquiries. Details of time, date, service required, quality of enquiry etc allow us to make more powerful.
  • No of Phonecalls – We work with a company who send us call statistics monthly and we use this data as another important KPI.
  • Ecommerce Revenue – If you have any element of online commerce within your website we can install revenue tracking which will allow us to show you, month by month, exactly how much revenue your website generated.

How secure is the website you built for us… Is there any danger of hacking?

Unfortunately, as you are no doubt already aware, pretty much any website can be hacked this days. Take Sony Playstation Network and Adobe for example.

We build our websites using WordPress and their open source code which means a much lower price tag for you. In effect we combine our own coding with the WordPress infrastructure (the latest version) and other complex coding (third party plugins) produced by highly talented developers in order to speed up the process. To build most of the websites we produce entirely bespoke from scratch would escalate the cost by 500% or more.

In order to keep WordPress and the various plugins as secure as possible, there are new versions of WordPress and updates for plugins that need to be installed. These become available monthly, fortnightly, quarterly, yearly etc at different intervals.

We therefore strongly recommend that you invest in our Secure Me, website security solution or we dedicate 1 hour of your retainer with us each month to ‘Website Security’ updates. This is not a guarantee that your website is impenetrable however it will mean that the site is able to withstand the more common/basic hacking attempts.

We also strongly advise the following which will reduce your risk even further;

  • Maintain a secure password that is UNIQUE to your website admin area. If you are unsure how to generate a highly secure password then visit this website https://strongpasswordgenerator.com/
  • ALL of the PC’s that you use to access and edit your website must be up to date with Antivirus and Firewall protection.
  • We advise against using images or PDF’s on your website that have not been scanned for viruses (which should happen automatically if you have up to date internet security). It is best that you use stock photography or better still your own photos.
  • All of the browsers that you use to access and edit your website should be the latest version of either Internet Explorer, Chrome, Opera or Safari. Find out if you are using the latest version of your browser here https://www.whatismybrowser.com/
  • You must not have any Browser extensions active when making changes to your website from within the admin area as they can harbour potential malware / viruses etc.
  • Do NOT copy and paste text from another website straight into yours. Sometimes malicious codes/links are embedded so you are best off re-writing or examining the text in a local program like notepad or Word before pasting it and uploading it on the website.

…How can I cancel?

At any time you have the right to terminate your agreement with Big Gun Digital with 15 days notice of the next invoice.

Sale of Business

If the business is sold or integrated with another business, your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business and your agreement will still stand.

  1. Definitions

1.1 The buyer, you, your or client or customer – means the person or organisation who buys or agrees to buy services from The Company. The Company is Big Gun Digital (Big Gun Digital Ltd).

1.2 Conditions – means the terms and conditions of sale set out herein and any special terms and conditions agreed in writing by The Company.

1.3 Services – means the internet services which the buyer agrees to buy from The Company.

1.4 Price – means the price for the services exclusive of VAT.

  1. Conditions Applicable

2.1 These conditions shall apply to all contracts for the sale of services by The Company to the Buyer with the exclusion of all other terms and conditions including any terms or conditions which the buyer may purport to apply under any purchase order, confirmation of order or similar document.

2.2 The Company reserves the right to alter, add and subtract from these terms and conditions at any time. The Terms and Conditions are available to view online at terms-and-conditions.htm these Terms and Conditions replace any previously agreed and it is the responsibility of the buyer to make themselves aware of what these are.

2.3 Any variation to these terms and conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless confirmed in writing by The Company.

2.3b The client gives permission for The Company to set, create and or set up paid relevant accounts with search engines on behalf of client, in order to fulfil its obligations under these terms.

2.4 All orders for services shall be deemed to be an offer by the Buyer to purchase services pursuant to these conditions.

2.5 Providing The Company with your credit card details, or cheque in payment of the verbal contract, receipt of an email or pro-forma invoice to proceed shall be deemed conclusive evidence of the Buyer’s acceptance of these terms and conditions.

2.6 The Clients website URL may require to be linked via The Company URL. This is purely to aid the functionality of your service, please notify us by writing if you do not require the link to be present on your website.

2.7 Some listings with our SEO programming package may slip. We do endeavour to rectify this situation and in some cases the re-optimising of your website may be necessary. This re-optimisation can therefore alter the estimated timescales for 1st page listings. We cannot, however, be held responsible for temporary fluctuations in listings that occur during changes to search engine algorithms.

2.8a FTP (File Transfer Protocol) is the method by which files are downloaded or uploaded to the internet. Your website’s FTP host name, username and password are provided by the company hosting your website and are required by The Company dependant on Services purchased. Work may not commence until The Company receive the correct FTP details for the website URL listed on the order form.

2.8b Should FTP access be unattainable The Company would require a copy of your website’s files and any databases that the website requires to run to be sent to The Company at its postal address at that time or e-mail via a form of suitable media.

2.8c If FTP access and a test copy of the site are prohibited then The Company may provide either a report or static copies with the optimisation work annotated. This work is to be implemented by your own design team / in house programmers. It is the responsibility for the client to pay for any additional charges for our suggestions and recommendations to be implemented.

2.8d The client informs The Company of any changes to the website that affects The Company’s ability to fulfil its obligations. Including but not limited to deletion or alteration or additions of URL addresses, URL redirects, Landing Pages and their content, Conversion Pages and their content and Confirmation Pages and their content.

2.9 The Company will provide the services with reasonable skill and care. Notwithstanding the previous sentence the client acknowledges that The Company have no direct control over Search Engines and cannot guarantee the speed of performance of technologies provided by Search Engines in relation to the delivery of the services.

  1. The Price and Payment

3.1 The total price shall be the price set out at time of call or via email, and/or invoice. The price is exclusive of VAT which shall be due at the rate ruling on the date of agreement.

3.2 All SEO agreements / proposals are produced from educated estimates which are unique to each client through the analysis of the prospective client’s website against the sites which currently inhabit the first and second page of Google. All estimates are based upon a client achieving results within a 12 month time frame unless specified otherwise.

3.3 The Company operates within the major search engines in the UK and worldwide. Listings will appear on either .co.uk or .com engines dependant on the current sites status.

3.4 Visible listings are defined as an overall increase in ranking across the major search engines.

3.5 Should the client wish to add/or amend additional key phrases they will be charged accordingly to do so.

  1. The Services

4.1 The Company require that, prior notice be given for any alterations relating to your website(s) that may affect the services supplied by The Company. If alterations are made by the client or a third party to a client’s site, search engine placements may be affected and The Company cannot be held responsible. The Company reserve the right to issue a charge to rectify any problems to regain listings.

4.2 The quantity and the description of the services shall be as set out in the agreement / proposal.

4.3 During the search engine optimisation process, unless agreed otherwise, The Company will only carry out validation to the W3C standards on the homepage of the clients website where possible or at specific request. Certain restrictions with third party design platforms can affect this process meaning The Company may not be able to fully validate the homepage. If the client requires The Company to validate the entire website the client will need to speak to a company representative and create a new order for this work.

  1. Warranties and Liability

5.1 The Company warrants that the services will at the time of delivery correspond to the description given by The Company, either verbally or by means order forms, invoices etc.

5.2 The Company shall not be liable for any loss or damage (including but not limited to consequential loss or damage) arising from the use of the services.

5.3 If during the SEO maintenance period between The Company and the client, the client uses a third party (other than The Company) for search engine optimisation and / or associated workings, The Company cannot be held responsible for any consequential loss of listings or associated damages that may arise.

5.4 By making the initial set up fee payment, the client and The Company shall both be bound by the Terms and Conditions of which are displayed on the company’s web site.

  1. Organic Advertising

6.1 On verbal agreement with The Company over the telephone, you hereby agree to The Company advertising your website on our network of websites and partner sites. These will be in the form of a banner, text link or description. You understand that The Company, its network of websites and partners, make no guarantee of the level of traffic from each advertisement and that the service is used only for The Company to arrange for your advertisement to be displayed on a web page(s).

6.2 When working with The Company you agree not to contact The Company network websites or partners. Any queries should be taken to one of our account managers.

6.3 When working with The Company marks approval for The Company to legally use any applicable logos and trademarks in such paid advertising programmes.

6.4 If, after signing with The Company, you make modifications to your site that use unethical SEO techniques or add pharmaceutical, gambling or pornographic links to your site that have no relevance to your website, The Company will issue a 7 day cancellation request. If the unethical techniques are not removed within that time, The Company will cancel the existing contract with immediate effect and all fees payable to The Company will be retained.

6.5 The Company is not responsible for the content or advertisements on any of our network of sites or partner sites. If you are unhappy with a website that contains your advertisement please notify The Company in writing and request your advertisement be removed.

6.6 Please note that all organic advertising programmes run for a 12 month period, after such time the advertisement will be removed from the applicable website by The Company if after the due date for renewal payment has passed and the payment has not been received in full.

  1. Content

7.1 The Company advises that regular, fresh content added to a site will help to improve the stability of rankings within search engines. By accepting this agreement, you understand fully that regular, unique content plays an important part of the success of your website and failure to add unique content will lessen the impact of other SEO services.

  1. Research

8.1 From time to time The Company will release website-related products and tools for use by clients. In no way is The Company responsible for loss of data or any other consequence derived from use of these tools and products. Data given by these tools is for information purposes only and should not be relied upon as accurate. The products and tools supplied by The Company and provided on The Company website should only be used to compliment your other search engine marketing activities.

  1. Domain names

9.1 The Company reserves the right to charge an administration fee of £99 +vat for the transfer away of domain names held by The Company.

9.2 All domains sold consisting of .uk geographical domain are subject to Nominet’s T’s & C’s

  1. Hosting

10.1 Shared hosting is provided from a third-party company with no guarantee of the level of uptime from The Company.

10.2 You should ensure you maintain a level of insurance cover in respect of any loss or damage to data stored on the server.

10.3 The Company (via third-party) will make incremented back-ups weekly of the server data. It is still your responsibility to maintain your own backup in the event that information is unavailable.

10.4 We automatically renew domain names and/or hosting each year unless otherwise instructed.

10.5 Customers agree to notify Big Gun Digital Ltd of intent to cancel automatic renewal at least thirty (30) business days prior to the account or domain expiration date.

10.6 Prohibited uses of Hosting Breach of Terms and Account Termination. The uses of Big Gun Digital Ltd Services set forth in this section hereinbelow are prohibited. The engaging in any prohibited use as set forth herein by Subscriber or by any affiliate or subscriber of Subscriber ( as determined in the sole discretion of Big Gun Digital Ltd) constitutes a material breach of these Terms and will subject Subscriber’s account to immediate termination without notice and without any refund.

Spamming. Spamming, whether or not it overloads the Services or disrupts service to Big Gun Digital Ltd Subscribers, is prohibited. The term “Spamming” includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not double opt in. Big Gun Digital Ltd requires that all email messages contain an automated opt out . We do not allow purchased lists. Big Gun Digital Ltd Subscribers are required to follow all rules in the Can Spam Act (http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm) as well as our company spam rules. Big Gun Digital Ltd reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were part of an opt-in email list. Irrespective of whether an email campaign constitutes Spamming as defined herein, Big Gun Digital Ltd allows a MAXIMUM of 500 emails per hour to be sent from any individual hosting account.

Prohibited Offerings. No Subscriber may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others’ intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.

Profanity. Profanity or profane subject matter in the site content and in the domain name are prohibited. Private Information and Images. Subscribers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent’s consent in the case of a minor).

Violations of Intellectual Property Rights. Any violation of any person’s or entity’s intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Big Gun Digital Ltd is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see “Copyright Infringement Notice Information” below).

Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.

Viruses and Other Destructive Activities. Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.

Hacking. “Hacking” and related activities are prohibited. “Hacking” includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.

Anonymous Proxies. Big Gun Digital Ltd does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server. Export Control Violations. The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited. Subscriber may not export or transfer, directly or indirectly, any regulated product or information to anyone outside the United States without complying with all applicable statues, codes, ordnances, regulations, and rules imposed by U.S. federal, state or local law, or by any other applicable law.

Child Pornography. The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Big Gun Digital Ltd is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.

Other Illegal Activities. The use of the Services to engage in any activity that is determined by Big Gun Digital Ltd, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. Big Gun Digital Ltd will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.

Obscene, Defamatory, Abusive or Threatening Language. Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.

BACKUP STORAGE. Big Gun Digital offers its services to host web sites, not to store data. using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice.

Other Activities. Engaging in any activity that, in Big Gun Digital Ltd sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Big Gun Digital Ltd business, operations, reputation, goodwill, Subscribers and/or Subscriber relations, or the ability of Big Gun Digital Ltd Subscribers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Subscriber to cooperate with Big Gun Digital Ltd in correcting or preventing violations of these Terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of the Subscriber constitutes a violation of these Terms by Subscriber.

 

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