In these Terms and Conditions, the following words have the following meanings:
“Services” means the search engine optimisation services provided by us;
“We” & “Us” means nForto of 16 High Holborn, London, Greater London, WC1V 6BX, United Kingdom.
“Website” means the website that you have identified that is the subject of the Services.
“Working Day” means any day other than a Saturday, Sunday or public holiday in England.
“You” means the person purchasing the Services.
2.1 These Terms and Conditions apply to all Services provided by us.
2.2 All Services carried out by us shall be on these Terms and Conditions to the exclusion of all other terms and conditions of business, including any that you may send to us, and all terms otherwise implied by law, custom or previous course of dealing to the maximum extent.
- We may vary these Terms and Conditions at any time, on notice to you.
3.1 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including but not limited to loss, theft or unauthorised disclosure of your password or other security information.
3.2 No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time.
4. Your Website
- You represent, warrant and undertake to us that you will use the Website only for lawful purposes and you will not use the Website in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
4.2 You further represent, warrant and undertake to us that you will not upload, post, link to or transmit to the Website:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way;
(b) any material containing a virus or other hostile computer program;
(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction;
(d) any material which is forbidden by our acceptable use policy which is published here.
4.3 You will not send bulk email whether opt-in or otherwise from the Website.
4.4 You shall promptly inform us if this clause 4 has been breached or you become aware that they may have been breached.
5.1. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site, errors and omissions excepted and shall be due and payable in advance of provision of the Services.
5.2. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
5.3. Payment is due each anniversary month, quarter or year following the date the Services were established. If you choose to pay by credit or debit card you authorise us to debit your account renewal fees from your card.
5.4. All payments must be in UK Pounds Sterling.
5.5. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a “returned cheque” charge of £25.
5.6. Without prejudice to our other rights and remedies under these Terms and Conditions, if any sum payable is not paid on or before the due date, we shall be entitled but not obliged forthwith to suspend the provision of Services to you.
6. Termination And Refunds
6.1. We shall be entitled to suspend or terminate the Services immediately without notice to you If you:
- fail to pay any sums due to us as they fall due;
(b) breach any of these terms and conditions; and/or
(c) are a company and you go into liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors.
6.2. No refunds will be made under any circumstances for Services suspended or terminated in accordance with clause 6.1.
6.3. We reserve the right to suspend or terminate the Services at any time on notice to you. Within 30 days of a notice under this clause 6.3, we shall refund to you pro rata a sum based upon the remaining period of prepayment.
6.4. You may cancel the Services at any time. To do so you must request cancellation of the Services in writing including your account username and password. We will cancel the Services within 2 Working Days of receipt of your request. If you cancel the Services within the first seven (7) days, we shall refund you all fees paid. If you cancel the Services at any other time, we shall have no obligation to refund you any sums prepaid.
6.5 Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
7. Disclaimer, Limitation Of Liability, Indemnity
7.1 You agree that the order in which websites are ranked in the search results is controlled by the search engines. We will endeavour to ensure that your Website is successful in the search rankings through various methods. However, search engines frequently change their retrieval methods and we cannot be held responsible for future rankings. In particular, you agree that we are not liable for any drop in ranking of your Website on the search engine’s listings arising as a result of:
(a) any alterations or modifications to the Website not made by us;
(b) any acts carried out by your competitors or by the search engines; or
(c) any external influence outside of our reasonable control.
7.2 We warrant that we shall provide the Services using reasonable skill and care and the performance of the Services shall not breach any other agreement entered into by us.
7.3 Except as set out in these Terms and Conditions, and to the extent permitted by law, no representations, warranties or conditions are given or assumed by us in relation to the Services and you agree that you have not relied upon any other representations, warranties or conditions to enter into these Terms and Conditions.
7.4 We exclude any and all liability to you for:
(a) loss of profit, business or contracts;
(b) loss or corruption of data or information;
(c) business interruption;
(d) loss of business opportunity or anticipated saving; and/or
(e) any indirect or consequential or incidental loss incurred by you in connection with the Services even if we have been advised of the possibility of such losses.
7.5 In any event, our entire liability to you in respect of our obligations under these Terms and Conditions, including any breach of warranty, representation, statement, act or omission shall be limited to the Fees received from you in the previous 6 months for the Website that is the subject of the claim.
7.6. In any event no claim shall be brought unless you have notified us of the claim under these Terms and Conditions within one month of such claim arising.
7.7 You shall indemnify us and keep us indemnified and hold us harmless from and against any all costs, claims, liabilities, expenses, damages and claims brought against us by a third party resulting from your breach of these Terms and Conditions
8.1. Any notice to be given by either party to the other may be sent by either email, [fax] or recorded delivery to the address of the other party as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent [or if sent by fax shall be deemed to be served on receipt of an error-free transmission report], or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
9.1. Any forbearance or failure by us to enforce a contractual provision to which you are subject shall not affect our right to require such performance at any subsequent time, nor shall the waiver or forbearance by us of any breach of any provisions of these Terms and Conditions be taken to be or held to be a waiver of the provision or provisions itself of themselves.
10.1. These Terms and Conditions shall be governed by and construed in accordance with English law and you hereby submit to the exclusive jurisdiction of the English courts.
11.1. Headings are included in these Terms and Conditions for convenience only and shall not affect the construction or interpretation of these Terms and Conditions.
12. Entire Agreement
12.1. These Terms and Conditions together with any documents expressly referred to in them, contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these Terms and Conditions. In agreeing to these Terms and Conditions, you confirm that you have not relied on any representation other than those expressly stated in these Terms and Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly these Terms and Conditions.