Rank in Place (“RP”) Terms & Conditions
The following terms and conditions apply to the RP websites provided by Be Creative Group to the Client. As the client you confirm that in relation to any agreement entered into and the purchase by you of the service(s) that you are acting in a “business capacity” and are not and will not “deal as a consumer” for the purpose of section 12 of the Unfair Contract Terms Act 1977..
1. Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts the original quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
1a. The Guarantee
If the Rank in Place website is yet to be developed The Guarantee of our Rank in Place Website is a personal guarantee from Be Creative Group. The personal guarantee is that we will provide an optimization service on the domain name and also the website built on the domain name, to ensure that the website on the domain reaches the first page for any of the terms agreed within the Digital Order Confirmation (DOC) and/or the long tail variants of those targeted key terms, within the year from submission. Should we not achieve this for any of the key terms as set out by your DOC you have the right to cancel and cease any on going monthly optimization fee(s). You will also be offered to keep both the domain name and the optimized website.
If you are purchasing an existing placement on a RP website, in which search engine positions have already been obtained, we will instantly place your website via an overlay on the website. We will endeavour to maintain the positions which will be incorporated in the services of your on-going monthly maintenance charge. We guarantee that you will instantly be placed in those positions for those services agreed in your DOC.
Long tail variants of your keywords include any towns or Burroughs within your chosen county or counties in your DOC.
2. Charges
Charges for services to be provided by Be Creative Group are defined in the Digital Order Confirmation (DOC) that the Client receives via e-mail. The DOC is a reference of all payments agreed via the telephone agreement and signature of the agreement is only to verify the keywords and ensure that continual optimization is continued on the previously agreed domain name and accompanying RP website.
Unless agreed otherwise with the Client, all domain names and website design services for RP websites must be paid in full. Should other payment terms be arranged the initial fee quoted for the domain name and website service must be collected before a customer can cancel their order.
3. Client Review
The website is just an iframe of your existing website. Unless currently hosted by Be Creative Group we do not control the appearance of your website and we are not able to make changes to your current website. Should you require changes there will be a separate charge to which you can request a quote.
4. Turnaround Time and Content Control
The RP Website is an iframe of your current website therefore Be Creative Group will install and publicly post or supply the Client’s website within 72 hours of initial rankings unless a delay is specifically requested by the Client and agreed by Be Creative Group.
In return, the Client agrees to delegate a single individual as a primary contact to aid Be Creative Group with progressing the commission in a satisfactory and expedient manner.
Be Creative Group is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
5. The Services
5.1 We will provide You with the Services in accordance with the Agreement and based on the information confirmed by You in the Digital Order Confirmation. You are responsible for ensuring that the details on the Digital Order Confirmation are correct. The RP website will not be submitted to any search engines until the DOC is signed and returned.
5.2 We will provide the Services with reasonable skill and care.
5.3 Changes to the Services during the term of this Agreement will not normally be permitted. Any changes to the Services requested by You during the term of this Agreement must be agreed in writing and such agreement shall be at our sole discretion. Changes to the Services so agreed may incur additional costs in accordance with Clause 6.7.
5.4 Our performance of the Services is dependent upon You providing such information or feedback as We may reasonably require from time to time. Should You not provide information or feedback within 7 days of any such request, You acknowledge that this may affect our ability to provide the Services and You shall not be entitled to any refund or credit against fees in the event that We are prevented from providing the Services.
5.5 You acknowledge that the provision of the Services is not subject to any performance guarantees or promises including but not limited to ranking positions on internet search engines or the number of searches, visitors or click-throughs, except where expressly stated otherwise in Schedule 1 of this Agreement.
5.6 We are unable to ensure or guarantee the security of information transmitted over the internet. Any information or data transmitted through the use of or in connection or relation to the Services is at your risk.
5.7 We expect the DOC to be signed and confirmed before any services can begin. Should the Digital Order Confirmation not be signed and confirmed then we reserve the right to suspend both the website and the domain name until it has been returned. Any set-up fee or deposits is non-refundable
6. Payment
Invoices will be provided by Be Creative Group from the outset. Initial Payment for services is due by bank transfer or Credit or Debit card. Bank details will be made available on invoices. The fees for the continued optimization Services are as stated in the Digital Order Confirmation and will be collected via direct debit.
Direct debit is the sole payment option when paying for maintenance services, unless otherwise stated in your DOC. When paying by direct debit, please note that Be Creative Design Ltd has appointed the BACS Approved Direct Debit Bureau, GoCardless Ltd (www.gocardless.com) to collect your payments and Be Creative Group will be shown on your bank statement.
If You terminate the Agreement in accordance with Clause 8.3, in addition to all accrued and unpaid monthly fees, You will be liable for the early termination fee set out in Clause 8.3 (i.e., 50% of the remaining monthly retainer for the balance of the relevant 12-month block).
You will be invoiced as set out in the Services and Invoicing Schedule of the Digital Order Confirmation and will be invoiced in advance. Payment will be due in accordance with the following payment terms unless expressly stated otherwise in the Digital Order Confirmation:
6.1. Where the Services are subject to a set-up fee or deposit, such fee will be payable by You immediately upon the Commencement Date. Any set-up fee or deposit is non-refundable
6.2 all other fees including ongoing or recurring monthly fees will be payable in advance immediately upon receipt of invoice throughout the term of the Agreement.
6.3 If payment is not received in accordance with the payment terms specified in the Agreement, We shall be entitled, without prejudice to any other rights that We may have, to charge You interest accruing on the sum due at the rate of four per cent above the annual base lending rate of Barclays Bank plc, from time to time.
6.4 If payment is not received in accordance with the payment terms specified in the Agreement, We reserve the right to suspend the provision of the Services and restrict your use of the Services until such time as payment is received. Such suspension of the Services will extend the Initial Term of the Agreement as detailed in Clause 9.3.
6.5 Any changes to the Services requested by You during the term of this Agreement in accordance with Clause 5.3 may result in an additional fee being charged to You.
6.6 All fees quoted for the Services are stated and payable in British Pounds. Fees do not include VAT or any other taxes that may from time to time be applicable, unless otherwise stated on your invoice.
6.7 Client agrees to pay the fee for monthly optimization services and confirms this via telephone/email/online form. All payments shall be made in £ (GBP great British Pounds), unless otherwise agreed by Be Creative Group.
6.8 Any incidental cost related to the optimisation Services provided to the client like long distance telephone calls, shipping, postage, courier and travel will be reimbursed to Be Creative Group by the client.
6.9 Clients with accounts in default agree to pay Be Creative Group reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Be Creative Group in enforcing these Terms and Conditions.
7. Web Browsers
Be Creative Group makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Be Creative Group cannot guarantee correct functionality with all browser software across different operating systems.
Be Creative Group cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Be Creative Group reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
8. When this contract comes to an end or Cancellation
8.1 The Rank in Place service requires a minimum Initial Term of 12 months from the Commencement Date. After the initial 12-month period, the contract will continue on a rolling monthly basis unless validly cancelled in accordance with clause 8.2.
8.2 You may cancel this Agreement by giving 30 days’ written notice to Us only after the completion of the Initial Term of 12 months. Any notice of cancellation submitted before the expiry of the Initial Term will not be valid. Cancellation will only take effect when acknowledged in writing by Us.
8.3 If You validly cancel the Agreement after the Initial Term but before the end of a further 12-month period from the Commencement Date (or such other 12-month block as may be agreed), You agree to pay to Us an early termination fee equal to 50% of the total remaining monthly retainer fees which would otherwise have been payable for the remainder of that 12-month period. The early termination fee shall be invoiced by Us and is payable immediately upon receipt of the invoice.
8.4 Upon termination or expiration of this Agreement for any reason:
(a) all unpaid fees and charges owing to Us shall become immediately due and payable;
(b) You shall cease to use the Services;
(c) We shall cease to provide the Services.
8.5 The provisions of this Clause 8 are subject to Clause 10 (Copyright) and Clause 9 (Suspension) and all other relevant clauses of this Agreement.
9. Suspension of Services
9.1 We may temporarily suspend the Services without compensation or recourse for maintenance or upgrading work, giving notice where reasonably practicable.
9.2 We may immediately suspend the Services (without notice) if:
(a) we are required to comply with any court order or request of a competent authority; or
(b) you are in material breach of any term of this Agreement and fail to remedy the breach within 14 days of Our written request.
9.3 We may suspend the Services for non-payment in accordance with Clause 6.6. Any period of suspension shall extend the Initial Term of the Agreement by the number of months Services were suspended.
10. Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Be Creative Group the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Be Creative Group permission and rights for use of the same and agrees to indemnify and hold harmless Be Creative Group from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Be Creative Group that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
11. Design Credit
A link to Be Creative Group may appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, we will remove any reference to our company from your site within 72 hours of the request but the client agrees that the website developed for the Client may still be presented in Be Creative Group’s portfolio.
12. Access Requirements
We do not require access to your website unless specifically granted website by you for the purpose of work to be carried out.
13. Post-Placement Alterations
Be Creative Group cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
14. Domain Names
Be Creative Group purchase domain names on behalf of the Client for the purpose of the RP websites. Hosting of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Be Creative Group. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
15. General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or verbal telephone agreement where our terms are fully explained to the customer prior to accepting will also constitute agreement to and acceptance of these Terms and Conditions.
(Please be aware all outbound / inbound telephone conversations are recorded for training, monitoring and compliance reasons and can be made available to you)
A payment of an advance fee will also constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
16. Governing Law
This Agreement shall be governed by English Law.
17. Liability
Be Creative Group hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Be Creative Group to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
18. Non-Disclosure Agreement
At any time during or subsequent to contract period, client agrees to keep in strictest confidence and trust all of the Be Creative Design Limited confidential information to which the client has access. The client will not use or disclose the Be Creative Design Limited confidential information without the written consent of Be Creative Design Limited. Client agree’s not to attack/criticize Be Creative Design Limited or any of its employees, associate’s or partner’s publicly (on public forums, blogs, social networks etc) at any time during or subsequent to contract period. Similarly client agrees not to seek for optimisation advice on optimisation forums, blogs, community groups or any social media in a way which brings bad name to the company or any of its employee’s, associate’s or partners. In case of breach of non-disclosure agreement, client agrees to pay Be Creative Design Limited a reasonable cost for damages.
19. Disclaimer
Client acknowledges the following with respect to the Rank and Place services from Be Creative Design Limited :
19.1. All fees are non-refundable.
19.2. Be Creative Design Limited has no control over the policies and ranking algorithms of search engines with respect to the type of sites and/or content that they accept now or in the future. Client’s web site may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory.
19.3. Due to the competitiveness of some keywords/phrases, on-going changes in search engine ranking algorithms, and other competitive factors, Be Creative Design Limited does not guarantee No.1 positions or consistent top 10 positions for any particular keyword, phrase, or search term.
19.4. Be Creative Design Limited assumes no liability for ranking, traffic, indexing issues related to penalties. Consequently client understands that ranking new websites is much more difficult than ranking old and established sites and he should not have unrealistic expectations about rankings, traffic and revenues. We shall not be liable in any way for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings) or any special or indirect or consequential losses, howsoever caused, whether or not such losses were within the contemplation of the parties at the Commencement Date, suffered or incurred by You arising out of or in connection with the use of the Services or any other matter under the Agreement
19.5. New websites may get temporary boost in ranking for some targeted keywords for few days but then it settles down to its real place. This is known as ‘new site boost effect’ and it is quite common. Consequently the client understands that a new site has not really got top rankings within a month and soon it will revert down to its actual position.
19.6. Occasionally, search engines will drop listings for no apparent reason. Often, the listing will reappear without any additional optimisation efforts.
19.7. A website search engine ranking can fluctuate any day, any time because of on-going changes in the ranking algorithm, optimisation efforts made by the competitors or both.
19.8. Be Creative Design Limited makes no guarantee/warranty of project timeline or added expenses (like charging additional fees etc) if the optimisation work is destroyed either wholly or in parts, either knowingly or unknowingly by any party without the prior consultation of Be Creative Design Limited optimisation work is considered to be destroyed either wholly or in parts if following changes (but are not limited to) are made to a website by any party other than Be Creative Design Limited or without first consulting Be Creative Design Limited:
i. Changes in the file(s) or folder(s) name.
ii. Putting a file in a different folder or putting a folder in another folder or sub domain.
iii. Making changes in the head section of a document like changing the text in the title tag,
removing certain HTML tags required for site authentication.
iv. Deleting a link, folder, file, web document or sub domain.
v. Modifying text on a web document like changing the formatting of the text or repositioning the text.
vi. Removing analytics code from the web page which is used to track website traffic.
vii. Linking out to any website without prior consultation of the Be Creative Design Limited.
viii. Adding a file, folder, web document, widget or any functionality.
ix. Renaming URLs of existing web documents.
x. Taking down the website or part of the website.
xi. Renaming, re-locating, adding or removing any file, folder or sub domain on a web server including web documents, robots.txt, .htacess file, sitemap.xml, rss.xml etc
xii. Changes in the site architecture
xiii. Changes in the anchor text
xiv. Making any changes on an optimized web page
xv. Uploading a new website to the domain.
xvi. Duplicating content either on the website or releasing it online through other websites.
19.11. Be Creative Design Limited makes no guarantee/warranty of project timeline or added expenses (like charging additional fees etc) if:
19.11.1 The client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Be Creative Design Limited for inclusion on the website above are owned by the client, or that client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Be Creative Design Limited and its subcontractors from any liability or suit arising from the use of such elements.
19.11.2. The client fails to resolve Be Creative Design Limited queries on time.
19.11.3. Makes delays in providing required access, documents, permissions or any support for Search Engine Optimisation purpose
19.11.4. Fails to make necessary changes to the website as and when advised by Be Creative Design Limited for carrying out the Search Engine Optimisation services.
19.11.5. There is a server outage for prolonged time on client’s site.
19.11.6 Client does not make a reasonable effort to educate himself about optimisation. The client must understand that educating himself about optimisation is essential so that he can find out where his money is going and why optimisation is a time-consuming but a good long-term marketing strategy.
19.12 The client understands that his optimisation alone can’t be held responsible for his site’s success or failure. The client understands that he needs to work as partner with his optimisation provider, give him the necessary time and commitment and follow his advice/suggestions seriously and on time to make his marketing campaigns a success.
20. Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
21. Chargebacks
If we receive a chargeback or payment dispute from a credit card company or bank, your service and/or project will be suspended without notice. A £50 chargeback fee (issued to recover fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a chargeback, contact us to address any billing issues. Requesting a chargeback dispute for a valid charge from us is fraud, and is never an appropriate or legal means of obtaining a refund. Please read and make sure you fully understand our refund policy prior to making a payment.
22. Indemnity
All Be Creative Group services may be used for lawful purposes only. You agree to indemnify and hold Be Creative Group harmless from any claims resulting from your use of our service that damages you or any other party.
