Terms and Conditions

The terms and conditions put forward here in relation to GrowTraffic (either GrowTraffic, Grow Traffic or GrowTraffic.co.uk) are to be viewed by all those parties involved as a binding and insoluble contract, which is in agreement to the terms and conditions set out below.

 

Opening Hours

Our services are available within normal office operating hours (9am – 5pm Monday – Friday), however many search marketing services are additionally undertaken outside of normal office operating hours. As such, before instructing GrowTraffic, please be sure that you are happy to work with an organisation that communicates outside the normal 9am – 5pm office hours.

If you would like to contact Grow Traffic with any queries that you may have, please put them in writing, as this allows us to send questions to the relevant department and thus get back to you in a more efficient manner.

 

Contacting GrowTraffic

There are three ways in which you can contact us:

 

Personnel

All work is carried out by Simon Dalley or Rachel Weinhold unless otherwise stated.

*Please note: all work carried out between January 2012 and November 2012 was carried out by iClick Ltd.

 

Proof Agreement

We will provide all our clients with a final proof. In agreeing to the final proof, we will take confirmation that you agree to both the design and contents of the document as shown on the final proof. By accepting this agreement, you absolve GrowTraffic of all liability for possible errors, omissions or discrepancies that may be seen on the final proof. In agreeing to the final proof, you agree that you cannot make any changes to the final product, except for the information shown in the exceptions section below. Also by agreeing to the final proof, you accept that you cannot hold GrowTraffic responsible for anything that you may be unhappy with.

The contract presented here prevents you from being able to take any form of action against GrowTraffic in the result that you are unhappy with any of the work that has been completed. You must pay the full price agreed for any work that is completed if the final product matches what was discussed and matches the final proof: this is the case even if you later have an issue with any part of the final product. The terms presented here are non-negotiable and the proof agreement is your final chance to make any changes to the content of the product being produced.

In terms of making alterations following the final proof stage, we will try our best to do this before work starts but this cannot be guaranteed. As mentioned previously, agreeing to the final proof absolves us of all liability and we will accept no responsibility for any mistakes on completed projects. Any changes that you want to be made following the signing of the final proof will incur extra charges.

 

Payment Terms

All new customers of GrowTraffic agree to pay a minimum of 50% deposit of the final agreed price once an order has been placed and work will not commence until this deposit payment has been cleared. The remaining balance will need to be paid once the completed work has been delivered. Alternatively, we will sometimes require a further 25% to be paid by an agreed milestone, leaving the final 25% to be paid following completion.

All our existing customers must abide by the terms stated on their invoice, which states that payment must be received within 7 days of the invoice date, unless otherwise stated.

If payment is not received and cleared by 10 days following the invoice date, no further work will be carried out on behalf of that customer until full payment is received.

 

Price Breakdown

All invoices sent out to clients will be clearly broken down to show all aspects of the delivery process, including costs for research and design as well as producing the product itself. If design material is sent to us that can be used, this will reduce the design time costs and therefore the final cost. VAT, where applicable, will always be in line with the current Customs & Excise rates and in agreement with current regulations; this will be the case whether it has been included in the price quoted.

Following completion of each stage of work, such as artwork and development, a standard invoice will be issued by GrowTraffic. Once payment has been made for each stage, you agree that this part of the work has been completed by GrowTraffic and any additional changes that you require will then be charged at our standard hourly rate.

 

Credit Terms

If invoices are not settled as stated in the credit terms agreed, interest will be charged at 5% above the Barclays base rate and an administration fee will also be charged to cover our debt recovery costs.

 

Copyright

In all cases, and unless another agreement has been completed in writing, all copyrights belong to GrowTraffic including General Artwork, Commissioned Artwork, Illustrations, Photography, Website Design, Programming and Copy. Any material supplied from yourself to us must have the correct copyright and that will be your responsibility, which we will presume you have. If required, we will attempt to source photography on your behalf, only using photographs where there is an indication that the images may be used without infringing the owners copyright, however this is not a guarantee that they may be used on your website or in your marketing material.  In any of these cases, the copyright will belong to you and, if any claim should arise from its use, you will be liable.

We reserve the right to promote our services through any of the artwork that we produce, unless an alternative agreement has been put in place. All websites designed by GrowTraffic will require at least one link back to our website or one of our choice, unless otherwise agreed.

If for any reason you did not want our working relationship to be promoted through a link back to our website or through any marketing materials, the final cost of the product would be increased accordingly, due to the fact that our pricing structure considers the benefits GrowTraffic receives from such promotion.

 

Browser Compatibility

Google Chrome, Internet Explorer, Safari, Firefox and Opera are the desktop browsers that we support and we support the most up to date versions of these browsers. An additional development cost will be incurred if there is the need for website compatibility with a browser we do not support.

 

Website Hosting

Websites on Linux servers are what GrowTraffic supports and so, if a hosted website moves to another server from GrowTraffic, we not be able to support it. As confirmed through the hosting agreement, GrowTraffic will keep control of all website files in order to ensure the highest security and best performance. We, GrowTraffic, reserve the right to choose a server hosting partner and hold ownership of that particular server. The website we develop for you may be hosted on a server with GrowTraffic and other websites owned by us, unless stated otherwise.

 

Advertising Management

If GrowTraffic manages any form of advertising campaign on behalf of a client, a management fee that has previously been agreed will be charged. This means that GrowTraffic will, on behalf of the client, manage the relationship between the advertiser and the vendor, which could be the owner of the media being advertised on or in, or the agent that manages the media platform.

Although GrowTraffic will manage the account on behalf of the advertiser, payments are made directly from the advertiser to the vendor. As such, advertisers will be given login details for the account and they may enter directly and pause the account without giving GrowTraffic notice. Whilst GrowTraffic manages the account, the client remains responsible for monitoring the payments being taken from the account and ensuring they are happy with the level of spend. We will attempt to work within the client’s budget, however we will not be held liable should the advertising account overspend the desired spend for any reason.

When GrowTraffic are instructed to manage a pay per click account, we will have ownership of the account; the client will not be able to change the passwords to this account and GrowTraffic reserves the right to restrict or block access to the account with reasons for doing so being given in writing. This will be the terms in all cases, unless alternative management of the account has been agreed.

During the management of the pay per click account, any account structure, keywords or knowledge gained may be used in other pay per click accounts by clients. Please put it in writing if you would like to buy the pay per click account; it will need to be valued and payment sent to GrowTraffic before we can transfer the account over to you. If you do not agree with our valuation of the account, a third party will be instructed to value the account and you will be liable for the valuation fee.

 

Considerations for SEO Clients

Manipulating search engine rankings, especially through the use of links, is against the guidelines of most search engines. SEO work carried out by GrowTraffic on your behalf may violate these guidelines and we carry out this service based on our judgement of what is acceptable within the search engines’ application of these guidelines. Search engines do change how they apply and interpret their guidelines and you should be aware of this and consider it before engaging in SEO. GrowTraffic is not liable for any direct or indirect loss that may be attributed to SEO work carried out on your behalf.

 

Consequential Loss

If work by us is delayed and the delivery time is put back, Grow Traffic accept no liability for any losses that are incurred by the client.

 

Liability

If any loss is incurred to the client as a result of a delay in delivery in a product or service, GrowTraffic shall not be liable.

 

Force Majeure

If GrowTraffic are prevented from carrying out any development work for any reason beyond our control, we accept no responsibility. Such reasons include (without this list being limiting) legislation, war, flood, fire, Act of God, power supply failure, drought, strike or any other action taken by employees, lock-out or an inability to get the materials that are needed to fulfil the contract. If a contingency situation occurs, if it is put in writing, you may choose to terminate the contract between ourselves and pay for the work that has already been completed and cover the costs of materials used. If the contingency situation does not continue you must accept delivery when it becomes available.

 

Variation

We reserve the right to amend or change our terms and conditions from time to time. These changes shall be effective immediately upon posting of the modified terms on this website. Please regularly review the information posted and review the changes made. It is your responsibility to review these changes, however GrowTraffic will endeavour to notify you of any changes in writing, if the changes affect any contracts you have with GrowTraffic.

 

Breaches of These Terms and Conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we will take appropriate action to remedy the situation.