Get to Page One Ltd Terms and Conditions
1. Interpretation
1.1 The definitions and rules of interpretation in this clause apply in these terms and conditions:
1.1.1 Act means the Telecommunications Act 1984;
1.1.2 Agreement means the Customer’s order through the Company’s website, through the phone or face to face contact or otherwise, the Company’s order confirmation and these terms & conditions, and the Customer’s acceptance of the order confirmation;
1.1.3 Charges means the charges payable by the Customer for the provision of the Services, details of which can be found in the Client Area;
1.1.4 Client Area means the area of the Website where the Customer can access details about the Customer’s Services including any reports and invoices;
1.1.5 Company means Get to Page One Limited;
1.1.6 Customer means you;
1.1.7 Domain Registrar means Nominet UK (https://.nic.uk) for .uk and 123-reg (“123-reg.co.uk”) for .com, .net, .org, .info, .biz and .name domains or such other Domain Registrar as the Company may specify to the Customer from time to time;
1.1.8 Duration means the specified agreed duration of each of the Services that the Company will provide to the Company whether it be the initial Duration or any subsequent duration of any Services provided on a recurring basis, with subsequent durations generally being for the same period as the initial Duration;
1.1.9 Further Charges means any charges payable to the Company for services not included in the Customer’s Services, details of which can be found on the Company’s website throughwww.gettopageone.com and which are payable in accordance with clause 6 of these terms and conditions, and which may vary from time to time;
1.1.10 Initial Registration Period means the period of 1 year for .com, .net, .org, .info and .biz domains and 2 years for .uk domains and beginning on date of the application for Registration;
1.1.11 In-put Material means all documents, information and materials provided by the Customer relating to the Services;
1.1.12 Intellectual Property Rights means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
1.1.13 Keyphrases means the phrases to be used by the Customer in connection with their marketing campaign as part of the Services provided by the Company, composed of Keywords;
1.1.14 Keywords means the words to be used by the Customer in connection with their marketing campaign as part of the Services provided by the Company;
1.1.15 PayPal means the payment services offered by PayPal (Europe) Ltd;
1.1.16 Publisher means the publisher of the Keywords or Keyphrases;
1.1.17 Registration means an application by the Company acting as agent for the Customer to register one or more domain names with the Domain Registrar;
1.1.18 Services means the services ordered by the Customer which may include all or any of the following services provided by the Company: search engine optimisation, keyword provision, marketing through search engines, setting up mapping tools, hosting, website improvement, website and logo design, domain registration and hosting services;
1.1.19 Software means software made available to the Customer by the Company to allow the Customer to provide information to the Company, and to monitor the progress of the Application;
1.1.20 UDRP means Uniform Domain Names Dispute Resolution Policy;
1.1.21 Website means https://gettopageone.com and its sub-domains; and
1.1.22 Working Day means Monday to Friday excluding Bank Holidays.
1.2 Headings in these conditions shall not affect their interpretation.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.4 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.5 A reference to writing or written includes faxes and email;
1.6 Any obligation in the Agreement on a person not to do something includes, without limitation, an obligation not to agree, allow, permit or acquiesce in that thing being done.
2. Application of Conditions
2.1 These terms and conditions shall:
2.1.1 apply to and be incorporated into the Agreement; and
2.1.2 prevail over any inconsistent terms or conditions contained, or referred to in the documents supplied by the Customer or implied by trade custom, practice or course of dealing.
2.2 the Company’s order confirmation constitutes acceptance of the Customer’s offer to purchase the Services on these terms and conditions, and following receipt of the order confirmation, an agreement for the supply and purchase of the Services on these terms and conditions will be established.
2.3 These terms and conditions may be subject to change from time to time however should any material change occur, the Company will make available a full copy of any revised terms and conditions in the Client Area with the revised terms and conditions becoming effective 30 days from the date the Company making the terms and conditions available.
3. Commencement and Duration
3.1 The Services supplied under the Agreement shall be provided by the Company to the Customer for the initial Duration if applicable unless otherwise terminated by either party in accordance with clause 10 of these terms and conditions.
3.2 Where the Services can be provided on a recurring basis, following the expiry of the initial Duration, the Services will continue to be provided to the Customer indefinitely, for recurring periods each equivalent to the initial Duration unless the Agreement is terminated by either party in accordance with clause 11 of these terms and conditions.
4. Company’s obligations
4.1 The Company warrants that the Services will be provided with reasonable care and skill.
4.2 The Company shall:
4.2.1 provide the Services to the Customer as soon as reasonably practicable (subject to clause 10.1 of these terms and conditions in respect of domain name registrations);
4.2.2 begin the Services on the date of the Agreement, unless otherwise agreed with the Customer. The Customer acknowledges that their right of cancellation, as detailed in clause 14 of these terms and conditions will end when the Services begin; and
4.2.3 notify the Customer of any delay in the provision of the Services.
5. Customer’s obligations
5.1 The Customer shall:
5.1.1 notify the Company if it has not received an order confirmation within 5 working days of the Customer making an order with the Company. The Customer agrees that if the Customer does not notify the Company in accordance with this clause, the Agreement will be deemed to have been made between the Customer and the Company on the date the order confirmation was sent.
5.1.2 obtain the consent of individuals whose personal data will be held on the register of the Domain Registrar and promptly notify the Company of any changes to the Customer’s details previously provided to the Company.
5.1.3 keep within data storage/transfer limits for your email account as agreed with the Company. Should you exceed your storage/transfer limit, we may return emails to the sender. Should you not use your email account for 3 months, we shall write to you to notify you of your non-usage. Should you wish to keep your email account active you must reply to our correspondence. Should you not respond within 3 months, we may delete your email account and we shall not be liable for any loss resulting from the loss any data stored in your email account.
5.1.4 notify the Company immediately should the Customer become aware a password used in connection with the Services has become known to an unauthorised third party or that the Services are being used by an unauthorised third party.
5.1.5 only make use of the Services for a legitimate and lawful purpose.
5.1.6 operate anti-virus software for usage in connection with the applicable Services.
5.1.7 allow the Company to access the Customer’s home page to ascertain whether the Customer is breaching any of its obligations under the Agreement.
5.1.8 comply at all times with all relevant laws and obligations including but not limited to any licence under the Act which is applicable to the Customer and all related laws in any territory in which the Customer is situated or in which the Customer’s Website may be accessed or made available. The Company will have no liability under the Agreement in any case where the Customer does not comply with any such relevant laws or obligations or does not obtain such consents or approvals.
5.1.9 not infringe any third parties’ rights, whether Intellectual Property Rights or otherwise whilst using the Services;
5.1.10 not make use of the Services to send or cause to be sent or forwarded large numbers of electronic mails with the same content.
5.1.11 not exceed the relevant data transfer volume applicable to the applicable Service unless the Customer has agreed with the Company to pay Further Charges for the amount of data transferred exceeding the agreed limit.
5.1.12 The Customer shall co-operate with the Company in all matters relating to the Services and provide to the Company, in a timely manner, such In-put Material and other information as the Company may require and ensure that it is accurate in all material respects, and further ensure such In-Put Material is lawful.
5.1.13 The Customer shall not download, install, store, sublicence or make any copies of the Software. The Customer shall not modify, reproduce, lease, lend, licence, distribute, market or otherwise dispose of all or any part of the Software or any copies and shall not assist any third party in doing so. The Customer is licensed to use the Software solely in connection with the Services and this licence is automatically terminated should the Agreement be terminated for whatever reason, or where the Services are suspended in accordance with clause 11 of these terms and conditions.
5.2 The Customer shall be liable to pay to the Company, on demand, all reasonable costs, charges or losses sustained or incurred by the Company (including, without limitation, any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from the Customer’s fraud, negligence, failure to perform or delay in the performance of any of its obligations under the Agreement, subject to the Company confirming such costs, charges and losses to the Customer in writing.
6. Payments
6.1 The Customer shall pay all Charges applied by the Company to the Customer’s account immediately upon the Charges being made to the Customer’s account.
6.2 Recurring payments of less than £49 that need to be processed manually will be subject to a £5 surcharge per payment. To avoid this charge, the Customer may set up a direct debit by calling 0333 358 2633 or downloading a direct debit mandate form and returning the completed form to Get to Page One Limited, Riverside House, Stockport, Yew Street, Sk4 2HD
6.3 The Company shall be entitled to issue an invoice for the Charges on the date of the Agreement and upon the start date of any subsequent Duration, should the provision of the Services recur. The Company shall also be entitled to issue an invoice for agreed monthly payments occurring within an agreed Duration, where the Customer has entered into an Agreement for the provision of Services for a specified number of months.
6.4 Payment of the Charges can be made by a valid credit/debit Card, direct debit, BACS payment, direct payment or through Pay Pal and the Customer shall provide details of the same when the Customer makes an order for the Services. Payments processed by Pay Pal or Go Cardless. These payments are subject to Go Gardless’ & Pay Pal’s terms and conditions of service, and the Company makes no representations or warranties with respect to those services.
6.5 The Company may vary the Charges through notifying the Customer of such charges through email or otherwise, with the amended Charges coming into effect no earlier than 1 month from the date of notification. Following receipt of notice, the Customer may terminate the Agreement in accordance with clause 11 of these terms and conditions. Should the Customer not respond to the notice within 1 month, they shall be deemed to have accepted the changes, and the Agreement shall be varied accordingly, with the revised Charges applying from the date 1 month from the date the date of notification.
6.6 The Customer acknowledges that the Charges do not include any telecommunication charges and any telecommunication charges incurred by the Customer in connection with the use of the Services remain the responsibility of the Customer.
6.7 If the Charges are not paid in accordance with the Company’s invoice, the Company shall be entitled so far as is permitted by law and without prejudice to any other rights it may have to charge interest on the outstanding amount at the rate of 4% above the base rate from time to time of the Bank of England.
6.8 Upon termination of the Agreement the Customer shall be bound to pay any outstanding amount of the Charges in respect of the Services received up to the date of termination, and where the Customer has paid in advance for Services, those Services shall continue be provided by the Company until the expiry of the Duration. Alternatively, the Customer may obtain a partial refund subject to payment of the Company’s administrative costs in processing such refund, of £50 per hour with a minimum amount of time spent in processing the refund of 60 minutes. The Customer acknowledges that they may not be entitled to a refund where payment by the Customer has been used by the Company to pay third parties in connection with the Services.
6.9 Where the Customer has entered into an Agreement requiring a specified number of monthly payments, then should the Customer fail to make any monthly payments due under the Agreement within 30 days of such sums becoming due, the Company shall be entitled to invoice the Customer for all the remaining monthly payments due under the Agreement. Further, where any discount was granted to the Customer in relation to the Services, the Company shall also be entitled to invoice the Customer for the amount of the discount.
6.10 Neither the Company nor the Customer may set off a credit against any amount owed to it by the other under the Agreement or under any other agreement prior to completion of the Agreement.
6.11 All prices quoted by the Company exclude VAT.
6.12 As with clause 19 the Customer may transfer a domain name to another host other than the Company upon termination of the Agreement in accordance with clause 10 of these terms and conditions and provided the Customer pays the Company’s administrative costs in transferring the domain name at a cost of £65 per hour with a minimum of time spent by the Company of 60 minutes, plus a one off administrative fee of £50.00 This is the same as website transfer, via FTP protocol or other methods in which the site may be transferred to a third party. In any case a third party take over the management of the site &/or hosting then Get To Page One Ltd no longer have an obligation to maintain, backup, amend or update the website, whether in receipt of funds, if any funds remain on account the customer, relinquishes their right to these monies being used in accordance with their account, website or ongoing services provided by Get To Page One Ltd. Minimum cost for transferring a website is 1 hour (chargeable at £65 per hour)
6.13 As with clause 6.12 once an account has been suspended services are no longer backed up and site files will be scheduled for immediate deletion from our systems, servers and hosting accounts. Website transfer is carried out at the owners own risk. Get To Page One Ltd hold no accountability or responsibility to maintain the website, the site files, or to ensure the site is active and working condition once the process is initiated. Transferred files will be downloaded into folders and emailed as zip files, whole back ups and compete site downloads may be available if the website is on a stand alone hosting set up or in it’s own designated account. Websites that have not been purchased on a stand alone hosting package cannot be downloaded as complete websites, in these circumstances Get To Page One Ltd will supply all site files and as much information as possible to aid with the re-configuration and set up through a third party. Get To Page One Ltd can action additional development work chargeable at £65.00 per hour to assist with further website requirements upon receipt of additional costs.
6.14 Get To Page One Ltd cannot be held liable or responsible for accounts deemed ‘suspended’ through services provided to the customer via third parties (including;Google AdWords, Online marketing providers, search engines, web hosting providers, website design companies or any such services that is managed by Get To Page One, where services are outsourced to a third party. Cancellations or suspensions by third parties will not be cancelled, refunded or partially refunded by Get To Page One Ltd
6.15 subscriptions and billing cycles are set up on a recurring 28 day invoice. When third party services are offered on a 30 day basis there may be an overpayment on account for services received, these additional funds will benefit the customer for a period in which services have been properly terminated and until such time as the remaining funds are depleted.
7. Internet marketing
7.1 Following the date of the Agreement, the Company will use reasonable endeavours to activate the Customer’s marketing campaign within 2 working days unless the Customer has requested otherwise and subject to the Customer having an active website that the Company can promote.
7.2 The order confirmation the Customer receives, or the Customer’s acceptance of the order confirmation do not constitute acceptance of the Keywords/Keyphrases to be used in connection with the Customer’s marketing campaign. Such acceptance will only be provided from the applicable search engine that the Customer has chosen for the marketing campaign, which the Company will confirm to the Customer following the search engine’s acceptance or otherwise of the Keywords/Keyphrases.
7.3 Should the Publisher refuse to accept the Customer’s marketing campaign for any reason including, but not limited to the Customer using the marketing campaign to promote illegal or counterfeit goods, the Customer will be entitled to a full refund less the Company’s costs in setting up the marketing campaign, which are chargeable at £50 per hour, with a minimum amount of time taken by the Company of 15 minutes.
7.4 The Company provides no warranty as to the effect that the Keywords, Keyphrases or the Customer’s marketing campaign will have and accepts no liability for loss of whatever kind caused as a result of the failure of the Keywords, Keyphrases or the marketing campaign in general.
8. Search Engine Optimisation
8.1 Following the date of the Agreement, and subject to the Customer paying the initial fee, the Company will provide search engine optimisation and reporting services to the Customer for the Duration. As part of the Agreement, the Company will improve the ranking of and positioning of the Customer’s website in search results for the agreed search engines in relation to agreed Keywords and Keyphrases.
8.2 As part of the Services, the Company guarantees to achieve no less than 12 organic listings within the major search engines, Including Google, Yahoo, & Bing for geographically targeted key phrases based on 10 service related keywords provided by the Customer. As part of this guarantee, if the Company fails to achieve the above listings, the Company will continue to provide the Services until the above listings have been achieved.
8.3 The Services that the Company will provide, in consideration of the payment of the Charges, include:
8.3.1 editing html tags and page text as necessary;
8.3.2 if necessary, the creation of additional web pages; and
8.3.3 the creation of reports in relation to the progress of the SEO.
8.4 As part of the Agreement, the Customer agrees to:
8.4.1 grant FTP access to the Company for the purpose of amending the Customer’s website as required;
8.4.2 consent to the usage by the Company of all of the Customer’s intellectual property for use in creating additional content and/or web pages; and
8.4.3 unless otherwise agreed and where necessary, provide additional relevant text content for the purposes of creating additional web pages.
8.5 The Customer acknowledges:
8.5.1 the Company has no control over the policies of search engines and that such policies are subject to change as to the type of content the particular search engine accepts. In particular, the Customer’s site may be excluded from a search engine at any time at the sole discretion of the search engine provider;
8.5.2 SEO is an ongoing basis, and any particular search engine may take as long as 6 months to list the Customer’s website.
8.6 The Company is not responsible for changes made to the Customer’s website by third parties that adversely affect the rankings of the Customer’s website.
8.7 Should it be necessary for the Company to undertake work outside the scope of the Agreement, the Company shall charge £50 per hour for such extra work and will discuss undertaking additional work prior to doing any such work.
8.8 The Customer shall ensure that all material provided to the Company shall either be owned by the Customer or is held on a suitable licence from a third party, permitting the Customer to use it on their website.
9. Domain name Registration
9.1 The Company accepts no responsibility nor does it make any warranty that the domain name requested by the Customer will be registered by the Domain Registrar. Further, the Company, will not be liable for any costs of the Customer if the domain name is not registered by the Domain Registrar and does not accept responsibility for any liability to third parties for breach of their Intellectual Property Rights in relation to the domain name requested by the Customer.
9.2 Should the Domain Registrar accept the registration of the domain name the Company shall notify the Customer of the completed registration and will host the domain name for the initial Duration subject to the rules of the relevant Domain Registrar as may be in force from time to time and which are available from the respective Domain Registrar’s website.
9.3 Notwithstanding clause
9.2, the Company may suspend or cancel any application for registration or refuse to host a domain name where the Company would be entitled to terminate the Agreement in accordance with clause 10 of these terms and conditions.
9.4 We will host your domain name for the initial Duration of the Services. Following the expiry of the initial Duration, the Company shall automatically invoice the Customer for the continued hosting of the domain name for a further period equivalent to the initial Duration unless the Customer moves the domain name to another host or cancels the Services in accordance with clause 11 of these terms and conditions, Get To Page One Ltd hold the rights to charge for any time spent arranging and liasing with said third party or the customer., as outlined in our charges in section 6.12 and section 9
9.5 Any disputes arising out of the use of its domain name will be resolved for .uk domains in accordance with the Nominet UK Dispute Resolution Service which can be accessed https://.nic.uk/ref/drs.html and for .com, .net and .org as well as .info, .biz and .name domains in accordance with the UDRP which can be accessed https://.icann.org/udrp/udrp.htm. Usage of these dispute resolution procedures may impose restrictions on the termination or transfer of a domain name pending the settlement of such a dispute.
9.6 Subject to clause 19 the Customer may transfer the domain name to another host other than the Company upon termination of the Agreement in accordance with clause 10 of these terms and conditions and provided the Customer pays the Company’s administrative costs in transferring the domain name at a cost of £65 per hour with a minimum of time spent by the Company of 60 minutes.
10. Limitation of Liability – The Customer’s attention is particularly drawn to this clause
10.1 This clause 10 sets out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to the Customer in respect of:
10.1.1 any breach of the Agreement;
10.1.2 any use made by the Customer of the Services; and
10.1.3 any representation (whether fraudulent, negligent or otherwise), statement or tortious act or omission (including negligence) arising under or in connection with the Agreement.
10.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement.
10.3 Nothing in these terms and conditions limits or excludes the liability of the Company:
10.3.1 for death or personal injury resulting from negligence; or
10.3.2 for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation, by the Company; or
10.3.3 for any liability incurred a result of the breach of the conditions and warranties implied by Section 12 of the Sale of Goods Act 1979 and section 2 of the Supply of Goods and Services Act 1982.
10.3.4 where the Customer is acting as a consumer for any liability incurred by the Company as a result of any breach by the Company of the conditions implied by sections 13 to 15 inclusive of the Sale of Goods Act 1979 and of sections 3 and 4 of the Supply of Goods and Services Act 1982;
10.4 where the Customer is acting as a consumer, where the Customer’s statutory rights are not adversely affected.
10.5 Subject to clauses 10.2, 10.3 and 10.4:
10.5.1 the Company and the Customer shall be liable only for loss that is reasonably foreseeable as a direct result of a breach of the Agreement by the relevant party and neither party shall be liable for loss of income, business, opportunity or profits, or any loss or corruption of data
10.6 the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Agreement shall be limited to the cost of the Services.
11. Termination and Cancellation of Agreement
11.1 Without prejudice to any other rights or remedies which the parties may have, either party may terminate the Agreement without liability immediately and without written notice only in the following circumstances as listed below in subclauses 11.1.1 to 11.1.3 (inclusive):
11.1.1 the other party fails to pay any amount due under the Agreement on the due date for payment and remains in default not less than 7 days after being notified in writing to make such payment; or
11.1.2 the other party commits a breach of any of the terms of the Agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or
11.1.3 the other party repeatedly breaches any of the terms of the Agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of the Agreement.
11.2 Either party may terminate the Agreement at any time on the service of 30 working days’ written notice, with the Agreement terminating at the expiry of the written notice, subject to the Company continuing to provide Services to the Customer until the end of the Duration. The Client acknowledges that failure to supply written notice of termination on the Company, may mean that Customer becomes liable to additional Charges. Please note that when termination of marketing services is required from the customer /client then the minimum requirement to terminate such services is to email cancellations@gettopageone.com giving just 30 days notice.
11.2.1 Customer Cancellation The customer may wish to terminate or cancel services at any time by giving the required minimum notice period. Failure to comply with company’s cancellation notice may incur additional fees and charges. When no such cancellation period applies; website design, search engine optimisation or bespoke packages. The customer may suspend or put a halt to work already underway, they will however forfeit any deposit or payments that have been paid to the company. Upon receipt of payment from the customer the company will proceed on the agreed work, incurring costs from the outset for design, development, hosting, admin and multiple miscellaneous associated costs. The company may also incur costs to third parties or developers instructed to work on the project. If the customer wishes to cancel services they may incur additional charges, costs and fees pertaining to work already carried out at that point by the company and other third party associated costs, in addition to deposit or up front costs paid and additional payments for other services sold.
11.3 Following termination of the Agreement:
11.3.1 The accrued rights and liabilities of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination shall not be affected.
11.3.2 the Customer shall be responsible for renewing the registration of the domain name and finding a new host for the respective domain name. Further, the Company shall without prior notice cease hosting the domain name at the expiry of the Duration of Services that the Customer has provided payment for notwithstanding that the Customer has not found an alternative host for the respective domain name.
11.3.3 the following clauses of these terms and conditions shall survive and continue in full force and effect:
11.3.3.1 clause 10 (Limitation of liability)
11.3.3.2 clause 11 (Termination and Cancellation of Agreement)
11.3.3.3 clause 14 (Privacy, Data Protection and Confidentiality)
11.3.3.4 clause 24 (Governing law and jurisdiction)
11.3.4.1 We can terminate the provision of the Services immediately if you:
11.3.4.2 commit a material breach of your obligations under these Terms and Conditions; or
11.3.4.2. fail to make pay any amount due under the Contract on the due date for payment; or
11.3.4.3. are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
11.3.4.4. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
9.1.5. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
11.3.5 Intellectual property
11.3.5.1. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
11.3.5.2. Change Control
11.3.5.3. Customer’s designated Project Manager and Get To Page One Ltd’s Project Manager will communicate (in person or via telephone or email) at least once each month to discuss matters relating to the service. If either party wishes to alter the scope of the Services, they shall submit details of the requested change to the other in writing.
11.3.5.4. Get To Page One Ltd own the copyright and intellectual property on all content, websites, themes, plugins, articles and other online content and material created and / or managed by Get To Page One Ltd, until such time a legal transfer and / or payment for transfer of legal ownership has been received and acknowledged in writing by Get To Page One Ltd to the customer.
11.3.5.5. Account arrears, non compliance to termination, cancellation and transfer policies & procedures will forfeit the customer’s rights to claiming the intellectual property or website content, until such time that the transfer has been initiated and completed with Get To Page One Ltd’s expressed consent and Get To Page One Ltd are in receipt of funds for required work to complete the process
11.3.5.6. Web Hosting Get To Page One Ltd provide website hosting services to all its ‘website’ customers, all sites are hosted on basic hosting configuration unless otherwise requested by client. WordPress websites that are billed with initial website hosting fees included in the price of the website are set up and hosted in a multisite website hosting setup. A stand alone setup can be configured for clients who wish to separate their website. However, additional charges will apply.
11.3.5.6.1 Website Transfers and Hosting Transfers will be billable by Get To Page One Ltd in increments of £65.00 per hour (minimum of 60 minute increments) Administrative fees will also apply for site transfers to authorise the future use of content and to download site files for transfer to client. If content / site is being transferred from a multisite hosting set up, the normal admin fees and charges will apply and additional costs will be incurred should the client express their wish to have their site separated from the multisite to allow full site download for site / file transfer.
11.3.5.7. Failure to comply with the terms of transfer of services will result in the website and live website content being forcibly removed from the internet and the use of the content being forbidden by Get To Page One Ltd without prior consent.Get To Page One Ltd Reg Number 07341419Registered Office: Get To Page One Ltd, Riverside House, Kings Reach Business Park, Yew St, Stockport SK4 2HD11.3.5.4. If either party requests a change to the scope or execution of the Services, Get To Page One Ltd shall, within an agreed time frame, provide a written estimate to the Customer of:
11.3.5.5. the time required to implement the change;
11.3.5.6. any variations to Get To Page One Ltd’s charges arising from the change;
11.3.5.7. any effect of the change upon the Project Plan;
11.3.5.8. any other impact upon the terms of the Contract;
11.3.5.. If Customer wishes Get To Page One Ltd to proceed with the change, Get To Page One Ltd has no obligation to do so unless until the parties have agreed, in writing, on the changes and any relevant impact this may incur.
12. Site Content
12.1. Customer shall ensure that the Materials do not infringe on any applicable laws, regulations or third party rights (including material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred or acts of terrorism, menacing, blasphemous, or breach in any third party Intellectual Property Rights) (inappropriate content).
12a. Suspension of service
12a.1 The Company shall be entitled to suspend such access to the Services as it deems necessary by the Customer or any third party to all or any part of the Services if the Customer is in breach of any of the obligations contained in clause 5, 6, 7 and 8 of these terms and conditions. However, this clause shall not be construed in any way as limiting the termination rights of the Company as provided by clause 11 of these terms and conditions.
12a.2 Following the suspension of Services the Customer shall be obliged to apply for reconnection of access to the Services but the Company shall not be obliged to reconnect access to the Services. On receipt of an application to reconnect the Company may:
12a.2.1 reconnect the Customer on payment of any outstanding Charges or Further Charges;
12a.2.2 specify such further terms that the Customer will be required to comply with prior to reconnection; or
12a.2.3 refuse to reconnect the Customer due to the Customer’s breach still subsisting.
13. Distance Selling and E-commerce regulations
13.1 The Company is providing the following information in order to comply with The Consumer Protection (Distance Selling) Regulations 2000 and The Electronic Commerce (EC Directive) Regulations 2002.
13.2 Where the Customer is a consumer, the Customer has the right to cancel the Agreement. This right to cancel the Agreement will begin on the date the Agreement between the Customer and the Company has been concluded and continues for a period of 7 days from that date. The right to cancel may be exercised by notifying the Company by contacting them through the below methods. However, should the Customer agree that the Company may begin the Services prior to the end of the 7 day cancellation period; the Customer’s right to cancel will end when the Company begins the Services.
13.3 The Customer acknowledges that where Services are being provided for the purposes of their business, they will not be a consumer for the purposes of the above clause.
13.4 The full name and details of the Company are Get to Page One Limited, a company registered in England & Wales with registered number 7341419. with its registered office Riverside House, Yew Street, Stockport, SK4 2HD
13.5 Get to Page One Limited can be contacted by writing to the above address, by calling 0333 358 2633 or by emailing support@gettopageone.co.uk
13.6 In order to create a contract between the Customer and the Company, the Customer will firstly have to provide various details to the Company through its website, over the phone or face to face, following this process, the Customer will receive an order confirmation by email. The order confirmation acts as an acceptance of the Customer’s offer to provide payment, on these terms and conditions.
13.7 The Customer will have the opportunity to identify and correct input errors at any point during the initial process up until the Company has confirmed acceptance of the Customer’s offer, at which point an agreement between the Customer and the Company will have been concluded. The Customer will only use the Services through the Company in English.
13.8 Disputes between customer and company may arise to multiple reasons. When a customer is no longer happy with the companies services, design, approach or results. The company will be given the chance to remedy such issues accordingly and within a reasonable time. Failure to allow a resolution to services provided by the company may result in the termination of services provided by the company. This will constitute a cancellation request from the customer and will effectively put a suspension to services, work underway or marketing. (Please see 11.2.1 Customer Cancellation)
14. Privacy, Data Protection and Confidentiality
14.1 The Customer shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Customer by the Company, its employees, agents, consultants or subcontractors and any other confidential information concerning the Company’s business or its products which the Customer may obtain.
14.2 The Company shall keep all information passed to the Company by the Customer, including mail messages and other data stored by the Customer on the Company’s hosting services, confidential and will not disclose it to third parties except as authorised by the Customer, where such disclosure is required by law, as part of the Services the Company provides, or in order to perform a credit check on the Customer, or to facilitate the activities of debt enforcement agencies or such other reasonable uses including marketing services.
14.3 All information, mail messages and other data stored on the Company’s hosting services will not be copied or be available for public viewing in any way except with the express consent of the Customer, for the purposes of the Company’s back-up services, providing the Customer with the Services, or for the Company’s own internal purposes.
14.4 The Customer acknowledges and agrees that details of the Customer’s name, address and payment record and other personal data will be processed by and on behalf of the Company. These details will be kept for administrative and accounting purposes and will be processed and kept securely in accordance with the Data Protection Act 1998.
14.5 The Customer acknowledges and agrees that once the Customer’s unencrypted data passes onto the Internet, it is not secure and may be accessible to third parties. The Company cannot accept responsibility or liability for any data or information that becomes available by such means against the wishes of the Customer and the Company strongly advises the Customer to use encryption for transfer of information it would not wish third parties to view.
14.6 The Customer agrees that the Company may use the Customer’s contact details to contact the Customer in relation to other services of the Company or third parties that the Customer may be interested in unless the Customer notifies the Company that it does not want to be contacted in this regard.
14.7 The Customer acknowledges that the Domain Registrar will include the Customer’s name and address, administrative partner and technical partner and other details relating to them. This information in respect of individuals is personal data for the purposes of the Data Protection Act 1998. The Customer acknowledges that the Domain Registrar may allow third parties to access the data for the purpose of obtaining information about the registration of the domain name or any other related purpose.
15. Events outside of the Company’s reasonable control
15.1 The Company shall have no liability to the Customer under the Agreement if it is prevented from, or delayed in performing, its obligations under the Agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of the Company or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors (“Event”).
15.2 Our obligations under these terms and conditions are suspended for the period that the Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Event to a close or to find a solution by which our obligations under the Agreement can be performed despite the Event.
16. Variation
The Company may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature, scope of, or the Charges for the Services. Further, the Company may, from time to time change the Services, provided that such changes do not materially affect the nature or quality of the Services and, where practicable, it will give the Customer at least 1 weeks’ notice of any change.
17. Waiver
17.1 A waiver of any right under the Agreement is only effective if it is in writing and it applies only to the circumstances for which it is given. No failure or delay by a party in exercising any right or remedy under the Agreement or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
17.2 Unless specifically provided otherwise, rights arising under the Agreement are cumulative and do not exclude rights provided by law.
18. Severance
18.1 If any provision of the Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Agreement, and the validity and enforceability of the other provisions of the Agreement shall not be affected.
18.2 If a provision of the Agreement (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
19. Entire agreement
19.1 The Agreement sets out the whole agreement between the Customer and the Company for the supply of the Services and supersedes all previous agreements between the Customer and the Company.
19.2 Each party acknowledges that, in entering into the Agreement it does not rely on any statement, representation, assurance or warranty (“Representation”) of any person (whether a party to the Agreement or not) other than as expressly set out in the Agreement. Each party agrees that the only remedies available to it arising out of or in connection with a Representation shall be for breach of contract.
19.3 Nothing in this clause shall limit or exclude any liability for fraud.
20. Assignment
You may not transfer any of your rights or obligations under the Agreement to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under the Agreement to another organisation, but this will not affect your rights under the Agreement.
21. No Partnership or Agency
Nothing in the Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
22. Rights of Third Parties
A person who is not a party to the Agreement shall not have any rights under or in connection with it and the operation of the Contracts (Rights of Third Parties) Act 1999 is specifically excluded from the Agreement.
23. Notices
23.1 Any notice or other communication required to be given under the Agreement shall be in writing and shall be delivered personally, or sent by pre-paid first-class post, recorded delivery or by commercial courier to the other party at the address specified in clause 13 of these terms and conditions in respect of the Company, and the address notified to the Company, in respect of the Customer, or as otherwise specified by the relevant party by notice in writing to the other party.
23.2 This clause 23 shall not apply to the service of any in any proceedings or other documents in any legal action.
24. Governing Law and Jurisdiction
24.1 The Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales.
24.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Agreement or its subject matter or formation (including non-contractual disputes or claims).
* Get To Page One Ltd’s Terms & Conditions can be amended at any time without any prior notice being given
