The following terminology
applies to these Terms and Conditions, Privacy Statement and Disclaimer
Notice and any or all Agreements:
["Client", “Customer”, “You” and “Your”]
refers to you, the person accessing the website and accepting the Company’s
terms and conditions. "The Company", “Ourselves”,
“We” and "Us", refers to our Company. “Party”,
“Parties”, or “Us”, refers to both the Client
and ourselves, or either the Client or ourselves where specified.
“Web page”
or “webpage” refers to web pages that we optimise which
are either already existing on the client’s site or which we have
created ourselves. “Site”, “website” or “web
site” refers to a web site owned or administered by ourselves
or by the client, depending upon the context. “Optimization service”
or “the services” or “the service” refers to
any work we undertake on behalf of the client as agreed by both parties
beforehand.
“Listing”,
“ranking”, “indexing” or “placement”
relates to those actions by which search engines choose to order web
pages and web sites in a particular hierarchy according to their own
criteria, and which we try to influence to the benefit of the client
by means of our knowledge, skills and experience.
All terminology herein is relative to the offer and acceptance of goods/services
and consideration of payment necessary constituting contractual obligation
as defined by the Sale of Goods and Supply of Services Act (as amended)
to assist the Client in the most appropriate manner for the express
purpose of meeting the Client’s needs in respect of provision
of the Company’s stated services/products in accordance with and
subject to prevailing English & Welsh Law. Any use of the above
terminology or other words in the singular, plural, capitalisation and/or
he/she or they, are taken as interchangeable and therefore as referring
to same.
Clients are deemed to have
read, understood and agreed to abide by the following terms and conditions:
Privacy
Statement
We are committed to protecting your privacy. Authorised employees within
the company on a need to know basis only use any information collected
from individual customers. We constantly review our systems and data
to ensure security and to provide the best possible service to our customers.
Parliament has created specific offences for unauthorised actions against
computer systems and data. We will investigate any such actions with
a view to prosecuting and/or taking civil proceedings to recover damages
against those responsible.
Confidentiality
Client records are regarded as confidential and therefore will not be
divulged to any third party, other than if legally required to do so
to the appropriate authorities. Clients have the right to request sight
of, and copies of any and all Client Records we keep, on the proviso
that we are given reasonable notice of such a request. Clients are requested
to retain copies of any literature issued in relation to the provision
of our services. When relevant we shall issue Client’s with appropriate
written information, handouts or copies of records as part of an agreed
contract, for the benefit of both parties.
In accordance
with the Privacy & Electronic Communications (EU Directive) Regulations
2003 (PECR) we will not sell, share, or rent your personal information
to any third party or use your e-mail address for unsolicited mail without
your consent. Any emails sent by this Company will only be in accordance
with your consent in connection with the provision of agreed services
and products and clients will be notified on each and every subsequent
occasion they have the option to unsubscribe from future emails at any
time.
We contract to Aweber,
the third party autoresponder and email handling facility, to enable
our promotional email marketing and subsequent contact with clients,
prospective clients and affiliates as appropriate. As such, all our
email lists are double opt-in according to Aweber’s own specifications
and terms.
In addition we operate
data control according to the strictures and Code of Conduct of the
Market Research Society of the United Kingdom.
Disclaimer
Exclusions and Limitations
The information contained in Company literature and website is provided
on an "as is" basis. To the fullest extent permitted by law,
this Company:
? excludes all representations and warranties relating to the goods/services
and use of the website and its contents or which is or may be provided
by any affiliates or any other third party including in relation to
any inaccuracies or omissions in this website and/or the Company’s
literature; and
? excludes all liability for damages arising out of or in connection
with your use of goods/services and the website. This includes, without
limitation, direct loss, loss of business or profits (whether or not
the loss of such profits was foreseeable, arose in the normal course
of things or you have advised this Company of the possibility of such
potential loss), damage caused to your computer, computer software,
systems and programs and the data thereon or any other direct or indirect,
consequential and incidental damages.
This Company does not however exclude liability for death or personal
injury caused by its negligence. The above exclusions and limitations
apply only to the extent permitted by law. None of your statutory rights
as a consumer are affected.
Payment
Cash or Personal Cheque with Bankers Card, all major Credit/Debit Cards,
Bankers Draft or BACS Transfer are all acceptable methods of payment,
as are payments into our Paypal accounts. Our Terms are payment in full
within thirty days, although normally payment will be made before commencement
of any work. Only upon receipt of such payment can work proceed. All
goods remain the property of the Company until paid for in full. Monies
that remains outstanding by the due date will incur late payment interest
at the statutory [can contractually stipulate a reasonable alternative]
rate of 8% above the prevailing Bank of England's base preferential
rate on the outstanding balance until such time as the balance is paid
in full and final settlement. We reserve the right to seek recovery
of any monies remaining unpaid sixty days from the date of invoice via
collection Agencies and/or through the Small Claims Court in the event
that the outstanding balance does not exceed £3000. In such circumstances,
we are entitled to claim the prevailing statutory Late Payment charges
and interest applicable to incurred debt recovery costs.
Returned cheques
will incur a £25 charge to cover banking fees and administrative
costs. In an instance of a second Returned cheque, we reserve the right
to terminate the arrangement and, if agreed to, we shall insist on future
cash transactions only. Consequently, all bookings and/or transactions
and agreements entered into will cease with immediate effect until such
time as any and all outstanding monies are recovered in full.
Title
The title in goods will pass from us to you once you have received and
inspected the goods and signed for them, where applicable. This applies
to both digital and physical products.
Cancellation
Policy
Normally will only commence upon prior payment of fees. In rare cases
where credit is agreed, a minimum 24 hours notice of cancellation is
required. Notification for instance, in person, via email, mobile phone
‘text message’ and/or fax, or any other means will be accepted
subject to confirmation in writing. We reserve the right to levy a £30
charge to cover any subsequent administrative expenses.
Termination
of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate the Agreement
for any reason, including the ending of services that are already underway.
No refunds shall be offered, where a Service is deemed to have begun
and is, for all intents and purposes, underway.
Availability
Unless otherwise stated, the [goods/services] supplied and featured
on the website are only available within the United Kingdom, or in relation
to postings from the United Kingdom. All advertising is intended solely
for the United Kingdom market, although work is permitted for access
to clients outside the United Kingdom. You are solely responsible for
evaluating the fitness for a particular purpose of any downloads, programs
and text available through the website. Redistribution or republication
of any part of the website or its content is prohibited, including such
by framing or other similar or any other means, without the express
written consent of the Company. The Company does not warrant that the
service from the website will be uninterrupted, timely or error free,
although it is provided to the best ability. By using this service you
thereby indemnify this Company, its employees, agents and affiliates
against any loss or damage, in whatever manner, howsoever caused.
Variation
of Terms
We have the right to vary these terms from time to time, providing reasonable
notice is given.
Guarantees
of Optimisation
Work is done on the understanding that no ranking or listing guarantees
can be made, or should be construed, in respect to optimisation work
for placement of client web pages. We cannot predict the effects of
our optimisation, nor can we predict the workings, predilections or
algorithm change (or any events resulting from changes in algorithms)
of any particular search engine. We have no control of the decision
of the search engines to index individual web pages.
The work we do is
generally understood to have a positive effect on web page listings
or rankings, within the Internet marketing industry in general and the
search engine optimisation community in particular. However, we cannot
undertake to make any guarantee relating to any matter under the control
of individual search engines.
Logs
We use IP addresses to analyse trends, administer the site, track user’s
movement, and gather broad demographic information for aggregate use.
IP addresses are not linked to personally identifiable information.
Additionally, for systems administration, detecting usage patterns and
troubleshooting purposes, our web servers automatically log standard
access information including browser type, access times/open mail, URL
requested, and referral URL. This information is not shared with third
parties and is used only within this Company on a need-to-know basis.
Any individually identifiable information related to this data will
never be used in any way different to that stated above without your
explicit permission.
Cookies
Like most interactive web sites this Company’s website [or ISP]
uses cookies to enable us to retrieve user details for each visit and
track browsing. Cookies are used in some areas of our site to enable
the functionality of this area and ease of use for those people visiting.
Some of our affiliate partners may also use cookies.
Links to/from
the website
You may not create a link to any page of the website without our prior
written consent. If you do create a link to a page on the website you
do so at your own risk and the exclusions and limitations set out above
will apply to your use by linking to it. We do not monitor or review
the content of other party’s websites which are linked to from
our website. Opinions expressed, or material appearing on such websites,
are not necessarily shared or endorsed by us and we should not be regarded
as the publisher of such opinions or material. Please be aware that
we are not responsible for the privacy practices or content of these
sites. We encourage our users to be aware when they leave our site &
to read the privacy statements of these sites. You should evaluate the
security and trustworthiness of any other site connected to this site
or accessed through the website yourself before disclosing any personal
information to them. This Company will not accept any responsibility
for any loss or damage in whatever manner, howsoever caused, resulting
from your disclosure to third parties of personal information.
Copyright
Notice
Copyright and other relevant intellectual property rights exists on
all text relating to the Company’s goods/services and the full
content of the website, and any books, booklets, ebooks or other literature
relating to this website.
Communication
We have several different e-mail addresses for different queries. These,
& other contact information, can be found on our Contact Us link
on our website or via Company literature or via the Company’s
stated telephone, facsimile or mobile telephone numbers.
Contact details
are given on our Contact Us page and also as follows:
Address: Suite 323,
258 Belsize Road, London NW6 4BT, United Kingdom.
Telephone: 0208
421 3194
Fax: 0208 421 0632
Email: admin [at]
inteltab.com (standard email format has been altered to prevent automated
spam harvesting)
Force Majeure
Neither party shall be liable to the other for any failure to perform
any obligation under any Agreement which is due to an event beyond the
control of such party including but not limited to any Act of God, terrorism,
war, Political insurgence, insurrection, riot, civil unrest, act of
civil or military authority, uprising, earthquake, flood or any other
natural or man made eventuality outside of our control, which causes
the termination of an agreement or contract entered into, nor which
could have been reasonably foreseen. Any Party affected by such event
shall forthwith inform the other Party of the same and shall use all
reasonable endeavours to comply with the terms and conditions of any
Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision
of this or any Agreement or the failure of either Party to exercise
any right or remedy to which it, he or they are entitled hereunder shall
not constitute a waiver thereof and shall not cause a diminution of
the obligations under this or any Agreement. No waiver of any of the
provisions of this or any Agreement shall be effective unless it is
expressly stated to be such and signed by both Parties.
General
The laws of England and Wales govern these terms and conditions. By
accessing the website and using our services you consent to these terms
and conditions and to the exclusive jurisdiction of the English &
Welsh courts in all disputes arising out of such access. If any of these
terms are deemed invalid or unenforceable for any reason (including,
but not limited to the exclusions and limitations set out above), then
the invalid or unenforceable provision will be severed from these terms
and the remaining terms will continue to apply. Failure of the Company
to enforce any of the provisions set out in these Terms and Conditions
and any Agreement, or failure to exercise any option to terminate, shall
not be construed as waiver of such provisions and shall not affect the
validity of these Terms and Conditions or of any Agreement or any part
thereof, or the right thereafter to enforce each and every provision.
These Terms and Conditions shall not be amended, modified, varied or
supplemented except in writing and signed by duly authorised representatives
of the Company.
Notification
of Changes
The Company reserves the right to change these conditions from time
to time as it sees fit and your continued use of our goods/services
and the website will signify your acceptance of any adjustment to these
terms. If there are any changes to our privacy policy, we will announce
that these changes have been made on our home page and on other key
pages on our site. If there are any changes in how we use our site customers’
Personally Identifiable Information, notification by e-mail or postal
mail will be made to those affected by this change. Any changes to our
privacy policy will be posted on our web site 30 days prior to these
changes taking place. You are therefore advised to re-read this statement
on a regular basis.
Affiliates
All affiliates of Inteltab must, and will have assumed to, both agree
and adhere to any and all of the relevant conditions and assumptions
stated in these Terms and Conditions. While we assert these affiliate
conditions, we cannot accept responsibility for the conduct or actions
of individual affiliates under any circumstances.
These terms
and conditions form part of the Agreement between the Client and ourselves.
Your accessing of this website and/or undertaking of a booking or Agreement
indicates your understanding, agreement to and acceptance, of the Disclaimer
Notice and the full Terms and Conditions contained herein. Your statutory
Consumer Rights are unaffected.
©
Inteltab 2001-2008 All Rights Reserved