For services supplied by Deepblue Agency
IMPORTANT NOTICE: These terms and conditions set out the agreement between you and us under which we will provide you with web services, marketing and advertising. It is, therefore, very much in your interest to read them carefully. If there is anything in the Terms and Conditions that you do not understand then please contact us on 0113 237 0555
1.1 This contract is made between Deepblue-Digital – a company registered in England and Wales, Registered No 4882103, whose registered office is Suite 2, Devonshire House, Devonshire Avenue, Leeds LS8 1AY (“The Company”) and the company, firm, partnership or individual named at registration (“The Customer”).
1.2 No variation of the terms of this contract however notified will be accepted unless authorised in writing by a Director of The Company.
2. Domain names
2.1 Domain names will be registered to Deepblue-Digital unless otherwise specified at the time of purchase.
2.2 We will register the domain name and its URL with the internet registration authorities and will pay the registration and rental fees on your behalf for the duration of the contract.
2.3 If you ask us to register a domain name for your web site, or have a domain name transferred to your account there is a minimum rental period of 24 months from the date we register or transfer the domain name. An additional administration fee will apply. If you cancel registration of this domain name or transfer the domain name to another internet service provider within this 24-month period, you may be charged a further administration fee.
2.4 For all .co.uk domain name registrations you are entering into a contract with Nominet UK. Their terms and conditions apply.
2.5 For all .com domain name registrations you are entering into a contract with INWW. Their terms and conditions apply.
2.6 Deepblue-Digital will accept no liability for unsuccessful domain name requests.
2.7 Deepblue-Digital reserve the right to suspend/cancel a domain renewal or registration.
2.8 Charges are none refundable once a domain name has been registered.
2.9 The domain name registration period runs for 2 years after which time it will need to be repurchased. It is the customer’s responsibility to renew their domain name, however Deepblue-Digital will endeavour to contact the customer in advance of the renewal date.
2.10 The customer acknowledges that any dispute arising out of the use of it’s domain name requested by the customer will be resolved by the registration authorities i.e. Nominet
2.11 Domain names are registered on a on a first come first serve basis. Until the customer receives confirmation from Deepblue-Digital that the name has been submitted for registration, there is no guarantee that the request has been successful.
3. Web Design
3.1 You also acknowledge that in providing a web design service, we are not providing consultancy or any other advice in regard to the substantive information that you may choose to place on your web site.
3.2 If you order a web design service and cancel it before final approval of your web site you will be required to pay Deepblue-Digital for the work undertaken (by us or our subcontractor). Deepblue-Digital has no liability for pages provided directly by the customer.
3.3 If you order a web design service from us, you acknowledge that you are responsible for any content included on the site.
3.4 You acknowledge that you have copyright or permission to use any imagery and text supplied to us for use on your website. Deepblue-Digital are not responsible for any copyright breaches caused by imagery and text supplied by you.
4. Database sites
4.1 Unless specified in the quotation the customer is responsible for supplying all data in the agreed format.
4.2 Additional charges will be applied should you require Deepblue-Digital to input data into the database. Data entry is not included in costings otherwise.
5. Email, web hosting and your website
5.1 As part of the service you may be able to set up your own web site(s). If you do this you are responsible for the material that you or anyone else puts on your web site(s). All websites must be for legitimate purposes. You must include your contact details (e.g. email address) clearly on your web site(s).
5.2 Material on your web site(s) including any links from your web site(s), must not, and the use of it must not, in any way be unlawful. In particular, you must ensure that all necessary licences and consents (including those from owners of copyrights, performing rights and any other relevant intellectual property rights) have been obtained. Deepblue-Digital reserve the right to check sites for infringements and remove any inappropriate material without prior notice.
5.3 Data transfer is limited to 10 Gigabyte per month. The data transfer is the sum of all transfers resulting from the customers’ package. The additional volume of data transfer will be charged at a rate as specified upon quotation.
5.4 Allocated web space is for use by the customer only and cannot be used by a third party; this includes running a server process.
5.5 Where we provide you with email facilities, web hosting or other services that involve us providing storage space on our systems, we may impose limits (which we may vary from time to time) on the storage space we provide to you in order to ensure the quality of the service to you and other users. These limits may relate to the physical amount of web-space or the number of mailboxes made available to you, email messages that can be stored and/or the size of any attachments you can send. We may reject or delete material that exceeds the 5Mb limit.
5.6 We can issue you with a set of usernames and passwords for the required services. These are essential for your secure use of the service so you must ensure that they are kept confidential, secure and are used in accordance with all relevant instructions.
5.7 To ensure that the service remains secure, you must not change or attempt to change a username.
5.8 If we think there is likely to be a breach of security or misuse of the service we may: (a) change your password and then we will notify you that we have done this; and/or (b) suspend username and password access to the service (please also see paragraph 7).
5.9 If any password is being or is likely to be used in an unauthorised way or if you think that any username or password has become known by someone not authorised to use it, you need to inform us immediately.
5.10 If any of the information you give to us when you sign for the service changes including payment details, you must inform us immediately
5.11 Due to repairs, planned maintenance, upgrades or any other operational reason we may need to temporarily suspend the service. In this event, we will endeavour to provide you with as much notice as possible.
5.12 We may have to alter code or access numbers or technical specification associated with the service for operational reasons, and where we need to tell you about this we will give you as much notice as we can. The technical specification will only be changed where this will not materially affect the performance of the service.
5.13 All web sites/programming work is guaranteed for a period of 3 months after the go live date. After this period any issues will be subject to £55 standard fee investigation charge. After initial investigation a quotation will be submitted for approval.
NB Businesses using an AOL Internet Connection
Emailing hosting can not be offerred to customers using an AOL internet connection. Basically AOL blocks the standard email ports making it nigh-on impossible to send out emails without excessive manipulation of the server which reduces the security of the email system offered. Receiving emails works fine, it is just the sending that is affected. Customers wishing to take out hosting are advised to either change isp’s or to use their AOL account for sending their business emails. Customers choosing the later are further advised that problems may occur if sending more then 10 emails within a 60 minutes time period, as AOL also apparently impose a limit on the number of emails an account can send within a specified time period. This also applies to any other ISPs who block Port 25.
6.1 We will begin charging you for the service on the date that the service is provided and available for you to use.
6.2 You will have to pay the charges within 30 days of the date of our invoice. We understand and will exercise our statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998 if we are not paid according to agreed credit terms.
6.3 Title to the goods remains with the vendor until the invoice is paid in full
6.4 Please make all cheques payable to Deepblue-Digital
6.5 If we are unable to collect the payments from you as they fall due, we may suspend or cancel the service and may forward the debt to an external agency for collection. You will pay our reasonable costs and expenses for collecting late payments.
6.6 To keep costs and paperwork to a minimum Deepblue has an automated invoice system for the renewal of Domain Names every 2 years and Web Hosting annually. A statement will be sent via email three weeks prior to payment. Should you wish to alter, amend or cancel your contract please do so at this time by return. Otherwise an invoice will be sent three weeks later payable within 28 days. Should you require a printed invoice one can be requested for no extra charge.
6.7 In the event of failure to pay for ANY services (not just hosting) could result in suspension of the hosting account (in addition to other measures that may be available to collect payment).
7. Contract Termination
7.1 Either of us can end this contract immediately on notice at any time if the other: (a) commits a material breach of this contract, which is capable of remedy, and fails to remedy the breach within a reasonable time of a written notice to do so; (b) commits a material breach of this contract which cannot be remedied; (c) is repeatedly in breach of this contract; or (d) is the subject of bankruptcy or insolvency proceedings, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of their assets, or they go into liquidation.
7.2 We can end this contract with immediate effect if we have previously terminated your use of any service due to your breach.
8. Suspension of the service
8.1 Instead of terminating the service under paragraph 7 we can choose to suspend the service. If we do this we can still end this contract at a later date. If we decide to suspend the service, a password or username (for any reason), we will restore it (if neither have ended this contract) when you satisfy us that you will only use the service as we have agreed.
8.2 If we decide to suspend the service under paragraph 7, this contract will continue during the period of suspension and you will have to pay all relevant charges.
9. Matters beyond our reasonable control
9.1 If we cannot do what we have promised in this contract because of something beyond our reasonable control (including, without limitation, industrial disputes involving our employees), we will not be liable for this. If this continues for more than 14 days, you can terminate this contract immediately by giving us written notice. If the events continue for more than three months, we can terminate this contract immediately by giving you written notice.
10. Our liability to you
10.1 We have no liability (whether in negligence or otherwise) for any indirect or consequential loss, nor for any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure or data being lost or corrupted.
11. How this contract can be changed
11.1 We may change this contract, including our charges, at any time. We will give you at least 28 days notice of any changes before they take effect. As explained in paragraph 16, you can end this contract by giving us seven days notice if we increase our charges or change the conditions of this contract to your detriment.
12. How to give notice
12.1 If either of us gives a notice to the other under this contract this must be done either by emailing us at email@example.com, or in writing and delivered by hand or sent by pre-paid post to Suite 6, Devonshire House, Devonshire Avenue, Leeds LS8 1AY (b) To you: if you are a company at your registered address, or at the postal address you specify when registering for the service or an alternative address which you may give us, or at the email address provided to you as part of the service.
12.2 You are responsible for checking the mail sent to the email address provided to you as part of the service.
13.1 Neither of us shall be considered to have waived any right under this contract because of failure or delay in exercising that right.
14. Third party rights
14.1 A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
15. The law that relates to this contract
15.1 English Law governs this contract and we both agree to the exclusive jurisdiction of the English courts.
SEO AND SEO COMPETITIONS TERMS AND CONDITIONS
By placing an order with The Deepblue Agency, you confirm that you are in agreement with and bound by the Terms and Conditions below.
The minimum fixed term of our FREE SEO COMPETITIONS contract is 6 months based on a minimum 6 hours per month.
The Client is required to set up a monthly direct debit payable by BACS in advance of the contract proceeding.
Once the minimum sign-up time has finished, the Client may choose to continue with the SEO contract on a month to month basis.
In the event the Client terminates the contract during the fixed term the Client will not be eligible for a refund. We also reserve the right to bill for the remainder of the month if a Client terminates in the first week of a month.
Any significant additions and or significant amendments to an SEO campaign not outlined or agreed upon in the contract will incur additional costs based on the amount of work requested. The Client will be supplied with a quote in advance of additional work proceeding. This will be payable within 21 days from date of issue.
An SEO campaign does not automatically guarantee a specific ranking in search engines or guarantee that any established ranking enjoyed by the client can be maintained.
The Deepblue Agency will endeavour to use its best efforts to assist the Client to improve their website’s position on Google and on other Search Engines during the term of the SEO contract.
The Deepblue Agency cannot be held responsible or it deemed as failure to perform, or as breach of contract by the Client if efforts to improve the Client’s ranking under the terms of the SEO contract fail.
The Deepblue Agency shall not be responsible for URLs dropped or excluded by a search engine for any reason.
The Deepblue Agency shall send the Client the following information by email to the specified email address: (a) future changes to The Deepblue Agency charges or fees: and (b) any additional terms and conditions or changes to the way in which the Service shall be run. The Deepblue Agency shall give the client no less than 30 days prior notification of those changes.
The Deepblue Agency has the right to decide to whom they will provide services to. All parties may not be eligible for this offer.
Existing Deepblue SEO clients will be eligible for the FREE SEO OFFER if their current monthly package is in line with or above our suggested minimum hours above.
Cancellation of SEO sevices require a one month notice period.