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"
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 Place 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 post.
In order to cancel the Google Place Listing, we require the correct requirements to be met; written cancellation via email. This will cancel any further marketing with ourselves. Unless cancelled, the Google Place Listing service will renew on an annual basis.
Fulcrum Media will charge a set up fee for the technician/developer 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. Free websites/landing pages may contain Google Adsense. This can be removed for a small fee. Domain names and websites bought by Fulcrum Media will only contain the clients’ information whilst marketing with ourselves, unless otherwise stated.
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.
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 out of our control. Fulcrum Media Ltd employ a fair use policy. This is designed to provide the most effective service to all Customers.
It is the responsibility of the client to ensure we have the correct email address for them. Due to various issues such as strict spam filters, and software updates/glitches etc... we cannot be held responsible for clients not receiving reports, emails etc from us. It is the sole responsibility of the client to inform us in any instance if they would like to cancel their marketing campaign and/or of any problems they may have.
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.
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. 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 key phrases 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 key phrases we supply to you.
Cancellation of Contract
The first payment made by 'the buyer' is non-refundable. After the first month's trial, a notice period of thirty days is required to cancel any of our services. 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 or email) 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 cancel using the correct protocol and make this final payment if applicable - 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. Cancellation within the first 30 days can be made via phone or email to the following address only: email@example.com or 0161 660 3019.
If we receive a cancellation request during out of office hours, it will be acknowledged the next working day (9am to 5:30pm). Please note we send out Google Marketing reports 2 -3 days before recurring payment is due.
If any of your payments fail to be collected due to lack of funds, they will automatically be attempted to be taken again in approximately 3 – 5 days time. If this payment also fails a late payment fee of £20 will be added to your arrears. Also we may attempt to capture a lesser amount to cover our costs (the lesser amounts we will take will be 80% of the owed amount, if the payment still fails then 50% of the owed amount will be taken). If direct debits are cancelled by the buyer this will by no means cancel the marketing contract you have entered into and the buyer will be liable for the total of the contracts remaining value instantly. In certain circumstances the buyer will be allowed to clear the arrears and reinstate the direct debit payments with no additional costs. If either of the above instances occur the buyers marketing will automatically be paused yet normal monthly costs will be charged/accrued.
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 independent third 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.
Business to Business Contracts
Trading Standards can offer advice on business to business contracts, for the supply of products, as well as contracts where businesses need help with an agreement they have entered into with a consumer. The law treats business to business contracts differently than it does business to consumer contracts. These differences include the following:
1) Distance selling & doorstep selling Regulations
Businesses do not get cooling off periods when signing up to contracts at home or business premises or at a distance. Unless the contract you have with the company you are purchasing the product from states you have a cooling off period, you will not have one.
2) Unfair Terms
A large proportion of the legislation relating to unfair terms either does not apply in a business to business contract or only applies at the discretion of the court. It is always important therefore to check your terms and conditions prior to signing up to a contract.
3) Sale of Goods Act & Supply of Goods and Services Act
Most of the Sale of Goods Act and the Supply of Goods and Services Act, which provides the buyer with rights in cases of faulty goods; misdescribed goods; or substandard services, also applies to business to business contracts.
However again bear in mind that liability may be limited or excluded by the terms and conditions of a business to business contract.
4) Consumer Credit Act
The Consumer Credit Act does not apply to an offer or supply of credit to limited companies, however it does apply to contracts entered into by sole traders and partnerships.
The UK has adopted and implemented certain provisions of the EU's Electronic Commerce Directive in the Electronic Communications Act 2000, which makes eSignatures legally admissible in the UK. The Consumer Credit Act of 1974 was amended in 2004 to further facilitate the electronic signing of credit agreements.
Section 7 of the Electronic Communications Act states that in any legal proceedings, an electronic signature incorporated into or logically associated with a particular electronic communication shall be admissible into evidence in relation to questions as to the authenticity or integrity of the communication or data.
Like ESIGN, the specific electronic signature technology is not defined by the Act or the Regulations themselves. However, best practices should include an acknowledgement by parties that they are affirmatively agreeing to sign by an electronic signature. EchoSign automatically includes such an acknowledgment in every transaction.
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. All our calls are recorded for training and quality purposes, these recordings are kept for 28 days.