Terms and conditions for SEO

Terms & conditions

Traffic Jam Media SEO Services Agreement Terms and Conditions

Definitions

“Service” means products and services provided by TJM relating to the Internet, World Wide Web and e-commerce, including but not limited to internet advertising, Pay Per Click and Search Engine Optimisation.

“Contract” means the agreement between you and us for the provision of the Service, the terms of which are set out in the following terms and conditions.

“Business Day” means a day, other than a Saturday or a Sunday, on which clearing banks are open for commercial business in both Edinburgh and London.

“Charges” means the monthly fee, the set-up fee and any one-off payments due to us by you for the use of our services.

“You” and “your” means the company or other persons wishing to buy services.

“Client” means your company.

“Search Engine Optimisation” or “SEO” – Activities design to enhance rankings on internet search engines.

Client Services

Set-up – Initial on site and off site SEO activities.

Management -TJM will provide account management and on-going SEO activities.

Technical support – in depth technical support will be offered via email to ensure an audit trail. Any additional chargeable services will be agreed over the technical support email. Any payments agreed over email would be contractual. Payment would be made under normal payment terms.

Client reporting – TJM will produce a report pack for clients on an agreed time scale.   This will review how the service has performed, the impact of the on-going optimisation, and analysis and recommendations for further improvements. This would normally be done on a monthly basis, but can be more often if required. Additional reporting would incur a fee per report. Clients can purchase these ad hoc by agreement over email.

Charges related to website design & development - An essential aspect of maximising return on your SEO investment is making sure that we convert as many visitors as possible into enquiries or customers. Lead generation tools, such as forms and buttons, are helpful when it comes to making this possible.

Traffic Jam Media will make a list of suggestions towards improving usability and the conversion rates of your website (converting as much of the traffic into leads and enquiries as possible) if applicable. These will most likely require minor changes to your website. The cost of carrying out these changes is not included our quote. These can easily be carried out by your current web developer or Traffic Jam Media.

Please note that the quote provided does not include the cost of making any design changes required on your website.

Making changes to your web copy - If your website is CMS enabled we would ask that you do not make any textual changes to the pages we have optimized before consulting with us first. Changes to Meta information and text content can affect the rankings and Traffic Jam Media will not be held liable for any drop in rankings due to textual changes you make to your website without our approval.

Since 2011, an integral part of any SEO strategy is content generation. As such, it’s important that the Content Management System (CMS) of your website allows us to create and publish new pages easily and on an on‐going basis. This does necessarily have to be a webpage, but if your website has a blog, that would suffice as well. If your CMS does not support the creation of new pages (or your website does not have a blog), any charges towards creation of new pages are not included within our SEO quote. Alternatively, we are able to provide you with the new content as per the schedule of your campaign. As long as you are able to publish it (or get it published in a timely manner), then that would be fine as well.

Chargeable services

Client payment will be covered by three elements:

Set-up fee: This will cover campaign build and initial analysis.

Management fee: This will cover account management, optimisation, reporting and service.

Ad hoc purchases: Products and Services purchased on an ad hoc basis. These will include, but are not limited to, additional reporting, audits or competitor analysis.

Please note that a minimum of 30 days’ notice will apply if you wish to cancel your contact.

Client payment

Initial payment of set-up fee will be made before services are undertaken. On-going management fees will be billable as soon as 50% of the agreed keywords rank on page one (1) of Google. The following months’ payment will be made on the first day of the new billing month. Any ad hoc payments will normally be made on the first day of the following month, unless agreed otherwise on a specified account.

All costs provided will be exclusive of VAT which will be charged at the prevailing rate.

Clients will be contracted to a notice period of no less than 30 working days. Any payments due will not be prorated.

Any disputed payments should be resolved within 5 business days to ensure uninterrupted services. Following this, TJM reserve the right to charge interest at a rate of 5% per month or part of.

In cases of payment default, TJM Ltd reserve the right to pass unresolved debts to a 3rd party.

Client cancellation

Cancellation will be accepted in to the form of email notification only. Upon receipt of a client cancellation, we will raise a final invoice. Notice of cancellation will only be accepted after the initial term and upon 30 days’ notice.

Intellectual property

The intellectual property of the campaign will be assigned to the client for the duration of the client contract.

Liability

TJM’s liability is limited to one (1) months’ management fee.

Our entire liability and your only remedy for any claim for breach of duty, tort or breach of these terms and conditions, whether or not arising out of negligence, is limited to the fee paid by your client for the effected Service from which the breach has arisen, in the twelve (12) months before the action or event giving rise to the liability. This applies whether for one or multiple instances.

TJM shall not be liable for any cost arising from fraudulent use of any online client accounts for internet marketing services. Additionally, the Client shall be liable for any costs relating to any use of these services either from or within the Customer’s premises, via any internet protocol address used by the Customer or via external means.

TJM shall not be liable for any loss, damage, cost, expense, downtime or service credit relating to any circumstance that TJM cannot reasonably control, including, but not limited to: (i) force majeure; (ii) weather, flood, drought, lightning or fire; (iii) failure or shortage of power supplies; (iv) civil disorder, war, military operation, or national or local emergency; (v) acts or omissions of Government, highways authorities, other network operators or other competent authorities; (vi) TJM’s suppliers; (vii) network, software, facilities or other equipment failures, errors or incompatibilities; (viii) industrial disputes of any kind; (ix) denial of service attacks, hacking, spamming, viruses or other hostile computer programs; or (x) acts or omissions of any person or body for whom TJM is not responsible (including the Customer, its employees and/or users of the Services), in all cases whether caused within or outside the United Kingdom.

Any liability will not extend to any: (i) loss of profits; (ii) loss of revenue; (iii) loss of business; (iv) loss of goodwill; (v) loss of contracts; (vi) loss of anticipated savings; (vii) loss of production; (viii) loss of or corruption to data, in each case whether any such are direct, indirect, consequential or special; or (ix) any other special, indirect or consequential loss or damage whatsoever, whether sustained by the Customer or any other person and even if foreseeable or if TJM has been advised of their possibility.

Nothing in this contract notice shall exclude or limit TJM’s liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.

Governing law

This agreement is governed by, and is to be construed in accordance with English law.