Last revised on 20th September 2012
(This document specifically has regard to the following products / services: Website Design, Website Development, Search Engine Optimisation, Search Engine Marketing, Pay per Click and Social Media Optimisation.)
Please ensure you thoroughly understand these terms and conditions. By contracting with Essio Marketing Ltd, you agree to be bound by the following terms and conditions. By agreeing to these terms and conditions, your statutory rights are not affected.
1.1 "Essio" / "we" / "our" / "us" refers to Essio Marketing Ltd.
1.2 "client(s)" / "you" / "your" / "yours" refers to clients, client’s appointed agents and users of our website.
1.3 "the / your website" refers solely to the website provided or created for the client.
1.4 "our website" refers solely to the website belonging to Essio Marketing Ltd.
1.5 "any website" refers to any website where Essio has control, limited or unlimited, over all or any part of the content.
1.6 "user information" refers to information provided by you at any point of registration.
1.7 "order" may refer to any written or verbal contract between Essio and the client, including those received by e-mail, telephone, postal service or facsimile.
2.1 Essio reserve the right to only carry out work agreed to in a contract, which may be provided via e-mail, telephone, postal service or facsimile.
2.2 Essio will only conduct work for clients of age 18 years or above. Should it be discovered that a client is not of this age, Essio reserve the right to cease all work and reclaim finances expended.
2.3 Essio may make certain recommendations for the best furtherance of any given campaign. If such recommendations are not heeded by the client to whom they are given, Essio deny all liability for the decreased effectiveness of the related campaign.
3.1 You agree that all messages, images and any other content whatever posted or uploaded onto your website are solely the responsibility of the person uploading them. Where Essio has been contracted to upload information by the client and where the client does not request the content to be amended, the client will be assumed to acquiesce to the legitimacy of the content.
3.2 You acknowledge that Essio cannot exercise control over third-party posts to the website and as such, can in no way be held responsible for third-party posts to the website.
3.3 You acknowledge that Essio reserve the right, of our own accord or upon the client’s request, to remove any posts which contain content of a complainant or offensive nature, and that re-posting of such posts would not confer liability on Essio.
3.4 You agree that you will not carry out any actions or post any text, images or any other content with regard to work carried out by Essio which concerns any of the following categories when making use of Essio’s services:
a) Defamation, derogation, or discrimination;
b) Obscenity, pornography;
c) Profanity, vulgarity, ‘hate speech’, threats of violence and terrorism;
d) Repetitive posting and other actions which interfere with the operation of the website;
e) Publishing personal details of any other individuals without their express prior permission;
f) Publishing copyrighted items without the express prior permission of the copyright owner;
g) Continued correspondence with another user of any website where the recipient has expressly requested that such correspondence be ceased;
h) Using any computer code, program or routine to extract or to attempt to extract any substantial part of the database comprising all posts of the website;
i) Refusing to perform a reasonable instruction or direction from a site operator.
3.5 You agree that any actions conflicting with the agreement at any part of subsection 3.4 may legitimately result in immediate suspension of work contracted to be performed by Essio, and that in such circumstances, Essio reserve the right to nullify the contract altogether.
3.6 In such circumstance as stated in subsection 3.5.1, Essio reserve the right to claim full payment for any work commenced or completed on behalf of the client without refunding the client’s expenditures.
4.1 Prices quoted by Essio are strictly regarding the work expressly stated in the quotation.
4.2 In the event that a client requires alterations to the work stated in the quotation, a new quotation will be issued detailing the work already quoted as well as the additions to this work and their separate price quotations.
5.1.1 Whilst every endeavour will be made to ensure that websites, scripts, software, etc, are not erroneous, Essio do not accept responsibility for the malfunction of any technical equipment or service.
5.1.2 It is the responsibility of the client to ensure that all services, software, hyperlinks, etc, are in full working order prior to acceptance of the service(s), and to notify Essio of any errors before the contract is completed.
5.1.3 Where "bugs", errors or other issues are found after the site is live, Essio will endeavour, (but is not obliged), to correct these issues to meet the standards of functions outlined in the brief or contract.
5.2 Websites graphics, programming codes and other affiliated services or items remain the property of Essio until payment for such items has been received in full by Essio.
5.3 Any scripts, CGI applications, or software, (unless specifically agreed), written by Essio remain the copyright of Essio and may only be commercially reproduced or resold with the permission of Essio.
5.4 Essio cannot be held responsible for any copyright infringement caused by material supplied by the client. Essio further reserve the right to refuse to publish any copyrighted material without the proof of permission to use such material(s).
5.5 Where it is the client’s responsibility to supply any content or information, the client agrees to provide such information within an agreed timescale, or at any rate, as soon as is reasonably possible.
5.6 Essio cannot be held responsible for any costs incurred, economic or otherwise, for failure on the client’s part to meet agreed deadlines.
5.7 Once the website, or any of its content, becomes property of the client, Essio will not be held liable for any disputes arising between clients and their customers.
5.8 Essio cannot be held liable for any costs incurred, economic or otherwise, for work carried out on behalf of the client, or any of the client’s appointed agents.
5.9 Essio cannot be held liable for any costs incurred, economic or otherwise, for the unavailability of the site, its servers, software or any material provided by the client.
5.10 Where deposits are accepted by express agreement, a deposit of at least 25% of the total fee is always required.
5.11.1 Where deposits have been accepted, the work contracted for only moves ownership once the full balance has been received.
5.11.2 Where deposits have been accepted, completed work will indefinitely require full payment, regardless of whether the client still requires the work to be completed.
5.11.3 Failure to pay the full sum upon completion and / or distribution of the work performed by Essio may result in legal action being taken.
5.12.1 Where applications or sites are developed on servers not recommended by Essio, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application(s) or site to be correctly developed.
5.12.2 Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
5.13 Essio endeavour, (though are not obliged), to ensure that all services provided are compatible with the following web browsing software in their latest or most commonly used versions:
i) Microsoft Internet Explorer;
ii) Mozilla browsers. (e.g.:Firefox);
iv) Google Chrome;
v) Any other browsers expressly stated by the client in the contract prior to any work being commenced.
5.14 Occasionally, parts of the Essio Marketing network may be taken off-line for repair or routine maintenance. Essio will endeavour to give as much notice as possible, but will not be held liable for any unscheduled downfall in the network due to extraneous conditions, including, but not limited to, inclemental weather, acts of telephone / ISP service providers or Governmental organisations or power failure.
5.15 In the event of a customer wishing to transfer their domain name to another Internet Service Provider, (ISP), a small transfer charge equal to the current annual hosting charge will become payable.
5.16 Once the website has been accepted by the client, (this can be confirmed by the website going live), Essio will, (though are not obliged to), make small amendments to the website for up to 30 days.
5.17 If the client wishes to change the provider of their website design, (whether originally obtaining the design from Essio or an external designer), the client must provide 30 days written notice to Essio of such a change.
5.18 In the event of a change of website design, Essio must be given appropriate information to be able to conduct any work contracted for. Further, the client agrees that the new design will be compatible with any work contracted for with Essio.
5.19 If the above subsection has not been complied with by the client and/or their representatives, (including website designer), thus leaving Essio in a position whereby we cannot complete the work contracted for, then the contract will be deemed as frustrated at fault of the client, and the client will be liable to pay for all of the work contracted for, (whether completed or not).
5.20 Where the client’s domain name is hosted by Essio marketing and the client wishes to transfer the hosting of said domain name, Essio reserve the right to refuse transfer of the domain name unless all outstanding payments have been received, or the applicable continuing contract has no outstanding debt against it, (‘debt’ hereby including contract cancellation charges).
6.1 It is Essio’s policy that any outstanding accounts for work carried out by Essio is required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement.
6.2 Websites being hosted by external hosting companies will not be uploaded until payment has been received in full.
6.3.1 Once work contracted for completion by Essio has been completed, full payment for the service(s) is required in full, regardless of whether the client still wishes to use the service(s) provided.
6.3.2 Failure to pay the full sum upon completion and / or distribution of the work performed by Essio may result in legal action being taken.
6.4.1 If accounts are not settled or Essio have not been contacted regarding a delayed payment, access to the related website may be denied and / or web pages removed.
6.4.2 In such circumstances, Essio reserve the right to take legal action to retrieve any monies owed.
7.1 Essio will notify the client two months prior the time of the expiry of the original or renewed contract for PPC or SEO. Unless the client requests cancellation of the contract in writing at least one month prior to the contacts expiry date, the same contract will automatically renew for the agreed time scale as specified in the expired contract.
7.2 Notification of such a renewal as specified above will not automatically be given to the client, unless requested, whereby such notification will be via electronic mail.
7.3 The above subsections will not apply where amendments to the contract are required, or where the client wises to cease reception of PPC or SEO services from Essio Marketing.
8.1 In the event that the client wishes to cancel the contract at any point during completion of work contracted for, the client still remains liable for the costs of any work carried out preceding the cancellation.
8.2 Cancellation(s) cannot be agreed to once all work has been carried out without payment in full being received by Essio for all work completed.
8.3 With regard to monthly payment contracts, 30 days notice is required prior to a cancellation being executed.
9.2 Subsection 8.1 includes any reliance upon or offence taken /caused by content, advertising, products or services accessed.
9.3 Interaction between you and any advertisers, service providers or merchants listed on the web site, including payment, delivery, product conditions, warranties, contracts and any other interaction are solely between you and the relevant party.
9.4 You agree that you do not hold Essio responsible for any loss damage or dispute in the course of the processes outlined in subsections 9.1-9.3.
10.1 During your visit(s) to our website, site usage may be measured to enable statistical analysis of user behaviour.
10.2 Results obtained from actions specified in subsection 10.1 may be used to inform advertisers or service providers of potentially attractive locations within the web site. This data will be presented as aggregated results and may be passed on together with user information.
10.3 Data specified in subsection 10.1-10.2 may be automatically collected using 'cookies'.
11.1 Essio accepts liability for original materials on our website.
11.2 Essio remain liable for the use of copyrighted materials used on our website.
12.1 Essio shall not be liable for any damages, including without limitation, indirect or consequential damages, howsoever arising out of your use of our website or in respect of any of your actions or omissions taken in reliance on any information contained on our website or any website to which our website is linked
12.1 Essio reserve the right to amend the terms and conditions hereby stated, and endeavour, (though are not obliged), to notify clients of such changes prior to the change occurring.
13.2 In the event that Essio amends any of the terms and conditions, all non-amended articles herein shall remain in effect.
13.3 Essio reserve the right to waive any or all of the terms and conditions in special circumstances, however, any situations outside of the special circumstances shall still remain subject to the terms and conditions here specified.
14.1 Informal procedure:
i) Anyone who experiences a problem with service(s) provided by Essio should raise the matter directly using our contact details which can be found on the ‘Contact Us’ page of the Essio website. Clients should ensure that sufficient information is available to locate the material (such as a URL) and clearly outline the grounds for complaint.
ii) Essio will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
14.2 Formal procedure:
i) The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
ii) A formal complaint should be made in writing to Essio, who will acknowledge receipt and ensure that the matter is investigated within the earliest reasonable time.
iii) An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.