GetClickedOn

Online Marketing Terms

Online Marketing Terms

Summary of Service: Online Marketing Agreement:

Within this agreement Fulcrum Media Limited registration 06746731 shall be "the seller" and the company or individual placing the order shall be "the buyer"

Google Marketing
Fulcrum Media (the seller) guarantees using its online systems to create online advertisements based around the buyer's key phrases and company name as agreed at point of sale. The adverts will then appear on the first page of www.google.co.uk under the selected key phrases agreed at point of sale subject to availability.

The buyer can see the adverts by going to www.google.co.uk or www.google.co.uk/adpreview and typing their chosen key phrases into the Google search bar and clicking "search". The buyer also agrees to receive marketing emails from us from time to time.

Google Local Listing

Fulcrum Media Ltd (the seller) will submit a request for a listing within Google Maps for the buyer's business. The listing will be finalised upon receipt of the buyer's verification code. This will be sent directly from Google to the buyer via an sms or an automated phone call if accepted.

Upon receipt of payment the buyer agrees to this contract. The buyer's adverts will be activated within 48 working hours of the order date unless otherwise specified by the buyer or seller at the point of sale. For the purposes of this contract Fulcrum Media Ltd will generate no less than 5 first page adverts on google.co.uk. Prices are subject to change after the first month in certain circumstances, however, the customer will be advised of this well in advance in the event of this happening. In rare occasions, due to the extremely dynamic nature of Google's paid-for advertising system, the cost of certain keyphrases can rise significantly. If this does happen, you will be informed and the account will be paused. If you decide to close the account then you, the client, will then be entitled to a refund of up to half the standard cost of our low cost marketing solution i.e. £50. Otherwise you will have the option of carrying on with your current phrases at a higher cost, or you can select some of the alternative keyphrases we supply to you.

Direct Debit
If paying by direct debit, please note that GetClickedon has appointed the BACS Approved Direct Debit Bureau Eazy Collect Services Limited (www.eazycollect.co.uk) to collect your payments and Eazy Collect will be shown on your bank statement.

Additional Keyphrases
The standard £149 (+ vat) offer is for 5 keyphrases. Additional keyphrases will be charged at £30 (+ vat) per keyphrase. For example, if you, the client, have been given 6 keyphrases for £149 for the inital month long trial period, then there will be an additional charge of £30 (+vat) for the sixth keyphrase per month thereafter.

Websites
Fulcrum Media will charge a set up fee for the to build your website. The buyer will be billed a monthly hosting fee for the website. The monthly fee is based on a twelve month renewable contract. If the buyer has a marketing account with Fulcrum Media the monthly fee will be waived. In the event that the buyer cancels the marketing agreement the monthly fee will resume.

Hosting
Fulcrum Media Limited will host the buyer's website inclusive of the Google package if required. The content of the buyer's website is the sole responsibility of the buyer. The buyer must not upload to their website content which is unlawful, pornographic, obscene or threatening. While the seller will use every reasonable measure to ensure the integrity and security of the server, the seller cannot guarantee that the server will be free from unauthorised users or hackers.

The seller shall endeavour to ensure continuation of service at all times however the seller shall not in any event be held liable for interruptions of service or down time of the server.

Duration of Contract
This contract will renew for one further month, each calendar month, from the date of entering into the agreement. Please note, that if you have entered into a extended marketing arrangement e.g. 3 months, 6 months or 12 months then your contract will renew for a similar period if we don't receive a valid cancellation request (see 'Cancellation of Contract' below) from you before the end of your extended marketing arrangement. This means that if you enter into a 3 month arrangement, then your contract will renew for a further 3 months at the end of your current 3 months arrangement unless you cancel your contract and likewise for 6 month and 12 month arrangements.

If the renewal payment date falls on a Saturday or Sunday, the payment will be debited on the preceding Friday.

It is possible to pause an account. In order to pause an account, it must be up to date i.e. any arrears would have to be cleared and the marketing has to be paid for in advance as we have to prepay for any allocation. This means, to pause an account, it has to be at least a month in credit and the longest an account can be paused for is 90 days.

Click Fraud
In the event of suspected click fraud and/or unusually high traffic, Fulcrum Media Ltd reserve the right to pause and review such accounts. We cannot be held responsible for such incidents as they are outwith our control. Fulcrum Media Ltd employ a fair use policy. This is designed to provide the most effective service to all Customers.

Emails
It is the responsibilty of the client to ensure we have the correct email address for them. Due to various issues such a strict spam filters etc we cannot be responsible for clients not receiving reports, emails etc from us. It is the responsibility of the client to inform us in any instance of their report not be received before the renewal date of their account within 48 hours.

Cancellation of Contract
After the first month's trial, a notice period of thirty days is required to cancel Google Marketing. Within the first month's trial the buyer can cancel the agreement with immediate effect and after this period the buyer can only cancel their contract by writing (in the form of a posted letter) to Fulcrum Media Ltd. Upon receipt of your cancellation letter there will be one more final payment due to us from you in lieu of the 30 day notice period. The client is reminded to have the funds available in their account to cover this payment. Failure to make this final payment will mean that the account will remain open and continue to accrue further monthly charges until the remaining balance is satisfied. Please see contact page for address details. Fulcrum Media Ltd Reserve the right to terminate any agreement and will not tolerate abusive behaviour from the client(s). Any such behaviour will result in the immediate cancellation or non-fulfilment of the contract and no refund of any monies paid.

Chargebacks
Any chargebacks requested by the client to their credit card company will be strongly contested by Fulcrum Media Ltd by a dedicated credit control team. Any successful chargebacks back to the client's card will result in arrears on your account with Fulcrum Media Ltd. Therefore, the outstanding amount (i.e. equal to the chargeback amount) will be due to us from the client. In the event of this outstanding amount remaining unpaid after a period of 30 days the account will then be transferred to an independentthird party debt recovery team whose minimum fee will be either £250 + VAT or 200% of the original amount. This can also adversely affect the client's ability to obtain credit in the future.

Complaints
If you do have a complaint you would like us to address then, to ensure we can offer the most efficient service to all of our customers, we require that it is put in writing to us.

SEO Terms

SEO Terms

1) The terms set out in the Application for Search Engine Services (“Application”) and these terms and conditions (together the "Terms") constitute the only terms and conditions under which Fulcrum Media Limited t/a GetClickedOn (“GetClickedOn”) enters into an agreement with a customer. No employee or agent of GetClickedOn is authorised to agree to or effect any alterations to the Terms. The contract for the provision of services shall be concluded only when GetClickedOn has notified the customer of its acceptance of the customer’s completed Application.

2) Unless terminated in accordance with paragraph 3 overleaf, this agreement shall last for an initial period of one year (“Initial Period”) and upon expiry of the Initial Period, this agreement shall remain in full force and effect for successive periods of one year (“Renewal Periods”) each of which shall begin the day after either the Initial Period or previous Renewal Period ends as the case may be. The monthly fee and Terms in any Renewal Period shall be those applicable at the end of the Initial Period or previous Renewal Period unless at least two months prior to the end of the Initial Period or Renewal Period (as the case may be), GetClickedOn has given written notice to the customer of a change in the monthly fee and/or the Terms.

3) Either the customer or GetClickedOn may terminate this agreement on the last day of the period described in the Application overleaf or at any time thereafter by giving to the other party 30 days written notice of its intention to do so. The customer cannot terminate this agreement until all payments due to GetClickedOn have been paid in full.

4) The customer shall pay the monthly fee every month (by direct debit or standing order), the first payment being due one month after entering into this agreement and subsequent payments being due on the same day each month. If paying by direct debit, please note that GetClickedon has appointed the BACS Approved Direct Debit Bureau Eazy Collect Services Limited (www.eazycollect.co.uk) to collect your payments and Eazy Collect will be shown on your bank statement. In the event of the customer failing to make a monthly payment on the due date GetClickedOn is entitled to take any or all of the following remedies in any order it sees fit: a) Require immediate payment of all monthly fees due during the remainder of the Initial Period or Renewal Period (as the case may be); b) Add interest to the debt at 4% per annum above the base rate of HSBC Bank plc from the date due to the date of payment; c) Issue written demands for all sums due, each such demand attracting a fee of £15.00, payable by the customer; d) Cease working on behalf of the customer until all overdue sums are paid; e) Deduct all outstanding sums (including interest and charges set out above) from the customer’s credit card the details of which are shown overleaf. The customer hereby authorises such deductions.

5) The customer understands that search engines are independent companies who select and rank sites using their own criteria. Whilst the customer must follow GetClickedOn’s recommendations for optimising its website for search engine listing in order to maximise its chances of increasing its search engine exposure the customer acknowledges that GetClickedOn does not and cannot guarantee that the customer’s website ranking will be improved in any search engine listing. To enable GetClickedOn to optimise the customer’s website the customer must provide FTP login details for the website and the customer acknowledges that GetClickedOn cannot undertake any optimisation until such FTP login details have been provided.

6) GetClickedOn may terminate this agreement at any time if: a) the customer’s website contains any material which is illegal, pornographic, racially abusive or is likely to cause offence or to damage GetClickedOn’s reputation; b) the customer commits any material breach of this agreement; c) the customer enters into liquidation whether compulsory or voluntary, has a receiver or administrator appointed, enters into any arrangement with its creditors or ceases or threatens to cease to trade.

7) GetClickedOn’s list of the most important search engines includes those search engines that GetClickedOn considers to be the most important with regard to popularity, language, content, location, coverage or any other criteria that GetClickedOn using its expertise considers suitable.

8) GetClickedOn will choose a suitable set of words to search for in the search engines. This will be used as a test phrase to assess how the customer’s website is ranking in search engines.

9) All notices must be in writing. Notices to GetClickedOn must be addressed to Apex House, Devonshire Street North, Manchester M12 6JH or such other address as is advised by GetClickedOn. Notices to the customer will be considered validly given if addressed to the customer’s address as shown overleaf or such other address as is advised by the customer to GetClickedOn in writing.

10) The invalidity or unenforceability of any provision of this agreement shall not affect or impair the validity of any other provision. No waiver of any rights GetClickedOn has under this agreement shall be deemed from any failure by GetClickedOn to enforce any part of this agreement.

11) The signatory to this agreement warrants that he/she has the authority to commit the customer to this agreement and further confirms that this agreement is made between two businesses. If any of the customer’s payments are made by a credit card which is not in the name of the customer then the customer warrants that it has authorised payment to be made in this way and it is for the customer to reimburse the card holder for any payments made on the customer’s behalf.

12 a) GetClickedOn shall not be liable to the customer for any loss or damage (including but not limited to loss of data, loss of profits or sales, website downtime, loss of business or staff or management time incurred) caused or arising directly or indirectly out of GetClickedOn’s services provided under this agreement (except to the extent to which it is unlawful to exclude such liability under English law).

12 b) Notwithstanding the generality of (a) above GetClickedOn expressly excludes liability for any indirect, special, consequential or incidental loss or damage which may arise in respect of the services to be provided under this agreement.

c) In the event that any exclusion contained in this agreement shall be held to be invalid for any reason and GetClickedOn becomes liable for loss or damage that may lawfully be limited, such liability shall be limited to the total amount paid by the customer during the preceding Initial Period or Renewal Period, as the case may be.

d) GetClickedOn does not exclude liability for death or personal injury to the extent only that the same arises as a result of the negligence of GetClickedOn, its employees, agents, or authorised representatives.

13) This agreement and the Terms shall be governed by and subject to the laws of England and Wales and all disputes which may arise out of or in connection with this agreement or the Terms shall be subject to the exclusive jurisdiction of the courts of England.

14) A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 (“the Act”) to enforce any term of this agreement or the Terms but this provision does not affect any right or remedy of any third party which exists or is available apart from under the Act.

Facebook Terms

Facebook Terms

Within this agreement GetClickedOn, shall be the ‘seller’ and the company or individual placing the order shall be ‘the buyer’.

GetClickedOn, (The seller), will provide ‘the buyer’ with a dedicated Facebook ™ advertising campaign based around the agreed demographics at point of sale.

Upon receipt of payment the buyer agrees to this contract. The buyers adverts will be activated within 48 working hours of the order date unless otherwise specified by the buyer or seller at point of sale. All advertisements placed by GetClickedOn are subject to the current advertising and user policies of Facebook Inc ™. Up to date policies can be found at www.facebook.com.

The guaranteed impressions stated on the commencement of your contract with us are based on three specific Facebook ™ criteria which are: age, gender and location (location being dependent on the current package which you have with GetClickedOn). These criteria can be changed at any time although this may affect the number of guaranteed impressions.

GetClickedOn cannot be held responsible for any copyright issues which arise from any graphics which we use at any time to create your advert and that are supplied by you or taken with your permission from your website or any other source authorized by you.

Duration of Contract This contract will renew for one further month, each calendar month, from the date of entering into the agreement. If the renewal payment falls on a Saturday or Sunday, the payment will be debited on the preceding Friday.

Cancellation Of Contract Within the first month’s marketing, immediate termination can be effected by any method. From month 2 and beyond, cancellation of the contract can only be effected by giving 30 days notice in writing. Where the next renewal payment falls within the 30 day notice period, this will be taken as the final renewal payment and marketing will cease 30 days from that date. To cancel by email you must contact us.