Before we start – a Note About Search Engine Optimisation

You can aim to have your website listed on page 1 of Google’s listings for certain search terms in one of two ways:

Pay for advertising with Google Ads. You will only pay when someone clicks on your ad (at the top or bottom of the search results page). How much you pay will depend on how much competition there is for a search phrase. You can start appearing on page 1 very quickly – this is a separate project.

Search Engine Optimise (SEO) your site so that Google considers it to be a very relevant and useful site to display in response to a search query. In time your website will be listed in the ‘organic / natural’ listings and you will not have to pay when someone clicks on your link.

‘Naturally’ listed sites tend to be trusted more than advertised ones however it can take weeks or months to earn your spot on page one. No one can guarantee you a page 1 position unless you advertise. Your position will fluctuate depending on Google’s latest search criteria and algorithms.

SEO work is not included in standard web projects, we would be delighted to provide you with a separate quote for this work if of interest.

NB: SEO is a continual process as search engine algorithms are updated regularly and what worked once is never guaranteed to work in the future.   SEO is achieved in two main ways:

On Page SEO

Making sure the text, images and code support the phrases you want to appear for. Depending on the target search phrases this can be effective on it’s own over time.

Off Page SEO

For more competitive phrases, off-page work will also be required.  Inbound links must now be earned from other websites by regularly publishing useful, unique content on your site that other sites would wish to link out to.

Off-page SEO is determined by the number of other quality websites which have links on them to your site.

Google counts each good quality link as a ‘vote’ for your site. Generally speaking the sites with the most inbound links and which are best optimised for the search query are the ones that will be listed first.

Important

Search Engine Optimisation work cannot be guaranteed to achieve page one positions.
Basic SEO includes on-page work only and would be managed as a separate project.
Off Page SEO can be quoted for separately.

We only undertake SEO work for sites that we have built and maintain.

THE MARKETING MATRIX WEB TERMS AND CONDITIONS

Sorry if our extensive terms and conditions seem annoying!

But websites are complicated beasts and our insurers and legal advisors insist upon them.

Do note though that we trust you and we hope you trust us.

We will do everything possible to provide you with the website of your dreams.

We take great pride in our work and you only have to say if you are unhappy with any aspect of our service and we will do everything in our power to sort it out.  Over the moon happy clients, our reputation and the quality of our work are extremely important to us.

If your website experiences technical issues we will sit by its bedside, holding its hand until it’s better.  This might involve staying up all night working, watching and waiting for the problem to resolve. But that’s what we will do if necessary during the build and if we are also maintaining your site after launch.

One of the reasons why we insist upon working only with Siteground for web hosting is because their customer service and product are awesome and they care about your site as much as we do.  We can’t say the same for many hosts and bad hosts are often the reason why a site might experience trouble in the first place.

So please read the following carefully:

The Marketing Matrix Ltd provides marketing consultancy, strategy, support and training, website design, search engine optimisation, marketing and content creation services to small and medium businesses.

The Marketing Matrix Ltd will begin work as agreed with the client only when the deposit invoice has been paid at which point the contract and these terms and conditions will be deemed to have been accepted.

Website Design Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, The Marketing Matrix Ltd cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.

The website, graphics and any programming code remain the property of The Marketing Matrix Ltd until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written or commissioned by The Marketing Matrix Ltd remain the copyright of The Marketing Matrix Ltd and may only be commercially reproduced or resold with the permission of The Marketing Matrix Ltd.

The Marketing Matrix Ltd cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to briefs provided will be carried out at the discretion of The Marketing Matrix Ltd and, where no charge is made by The Marketing Matrix Ltd for such additions, The Marketing Matrix Ltd accepts no responsibility to ensure such additions are error-free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to The Marketing Matrix Ltd all materials required to complete the site to the agreed standard and within the set deadline.

The Marketing Matrix Ltd will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

The Marketing Matrix Ltd will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner including but not limited to any disputes re content/images that have been provided to us for inclusion on the site.

The Marketing Matrix Ltd reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

The Marketing Matrix Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the client’s appointed agents.

The Marketing Matrix Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

Intellectual Property All Site Materials provided by the Client and the copyright, design rights and trademarks therein shall remain the property of the Client. The Marketing Matrix Ltd shall use such Site Materials under licence for the sole purpose of completing the Project. The Client warrants that they have obtained all relevant permissions and rights for the use of any Site Material that they provide that are owned by, or were otherwise created by, a third party. The Marketing Matrix Ltd shall bear no responsibility for ensuring that Site Materials supplied by the Client carry with them the appropriate third party permissions for use and reproduction.

The Marketing Matrix Ltd shall retain ownership of the copyright subsisting in any and all Site Materials created by them under this Agreement until all charges are paid in full by the Client. Upon receipt of all sums due all relevant copyright shall be immediately assigned to the Client.

Project Reporting The Marketing Matrix Ltd shall provide reports detailing the progress of the Project, indicating any important matters for the attention of the Client. In the event that the Project falls behind schedule in the opinion of either Party, either Party may request a meeting to further discuss the Project including rectifying delays and putting the Project back on schedule.

Search Engine Optimisation Pushing your website up the natural rankings in Google other search engines is a joint effort between a web designer and you as a business owner.

However, if The Marketing Matrix Ltd undertakes to optimise your website for search engines to the level agreed and quoted for, we will use “white hat techniques” i.e. legal and above board means within the site itself. To support and encourage its assent, you the client must also undertake to obtain as many inbound links as possible to your site. These can be obtained through free and low-cost listings on directories as well as other relevant websites.

All these links (where they are relevant) count as ‘votes’ for your site and will help Google recognise that you are a reputable and real business that other real businesses and people rate. Without these links it can be very difficult to appear on page 1 for your chosen keyword or phrase.

The most important way to build links is to publish useful, helpful, high quality content on your site which other websites want to link to. These earned links from quality, authority sites will in time help you rank well in the search engines.

Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for your website for any keyword or phrase.

The process of optimising websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.

We always aim to achieve a top ten ranking for your website for the agreed keywords or phrases within six months of undertaking the optimisation process. Due to the work involved, payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.

In order to effectively SEO a site that has not been built by The Marketing Matrix Ltd we require access to your content management system. This will enable us to edit certain parts of the site. How effectively we can manage your on-page optimisation will depend largely on your content management system which might not allow us to do everything that we could to optimise the site for your chosen keywords.

We will edit your site responsibly and only with your permission for the purposes agreed. However, to the maximum extent allowed by law, The Marketing Matrix Ltd and any of our affiliates, associates, service providers, licensors, officers, directors or employees shall not be liable for any direct, indirect, special, incidental or consequential damages (no matter how they arose, including negligence), or for interrupted communications, lost data or lost profits, arising out of or in connection with the editing of your site.

 

Disclaimers and limitations on liability

The Marketing Matrix Ltd shall not be responsible for URLs dropped or excluded by a search engine for any reason.  SEO work is undertaken as a separate, clearly scoped project.
The Marketing Matrix Ltd shall not be responsible for delays or failure of performance resulting from Internet Service Provider delivery problems or failure, or any communication or delivery problems associated with the client’s receipt of the account service data.
The Marketing Matrix Ltd shall not be responsible for acts or causes beyond their control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, power failures, earthquakes, or other disasters.

The Marketing Matrix Ltd does not represent or warrant that clients’ URLs will achieve a favourable position, or any position, within a particular search engine.
The Marketing Matrix Ltd does not warrant or represent that the use or the results of the use of the materials available through The Marketing Matrix Ltd Services or from third parties will be correct, accurate, timely, reliable or otherwise.

You expressly agree that use of The Marketing Matrix Ltd Services provided hereunder is at your sole risk. These Services are provided on an “as is” and “as available” basis. The Marketing Matrix Ltd expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. Notwithstanding the security precautions taken against disclosure of information, there are certain conditions that exist on the Internet generally which are outside the control of The Marketing Matrix Ltd could result in a breach of security. Accordingly, The Marketing Matrix Ltd cannot guarantee that your account service data information will be free from corruption or piracy. You hereby expressly waive any claim against The Marketing Matrix Ltd arising out of the loss of data through corruption, piracy, breach of security or for any other reason that is not based on intentional or grossly negligent actions of The Marketing Matrix Ltd.

To the maximum extent allowed by law, The Marketing Matrix Ltd and any of its associates, affiliates, service providers, licensors, officers, directors or employees shall not be liable for any direct, indirect, special, incidental or consequential damages (no matter how they arose, including negligence), or for interrupted communications, lost data or lost profits, arising out of or in connection with the Services provided hereunder. Further, The Marketing Matrix Ltd will not have any liability for any losses arising because The Marketing Matrix Ltd Services are not operational.

Database, Application and E-Commerce Development

The Marketing Matrix Ltd cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem-free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any bespoke scripts, applications or software (unless specifically agreed) written by The Marketing Matrix Ltd remain the copyright of The Marketing Matrix Ltd and may only be commercially reproduced or resold with our permission.

Where applications or sites are developed on servers not recommended by The Marketing Matrix Ltd, 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 to be correctly developed. 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.

The client is expected to test fully any application or programming relating to a site developed by The Marketing Matrix Ltd before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, The Marketing Matrix Ltd will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Compatibility

The Marketing Matrix Ltd will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the latest version of web browsing software Microsoft Internet Explorer at the time of development and to an acceptable level with Mozilla and Chrome browsers. The Marketing Matrix Ltd can offer no guarantees of correct function with all browser software.

Website Hosting

Whilst The Marketing Matrix Ltd recommends hosting companies to host websites, the contract will exist between the hosting company and the client directly therefore no guarantees can be made by The Marketing Matrix Ltd as to the availability of this service and we

cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. Should any problems arise concerning the hosting please contact the host’s support system directly using the contact details The Marketing Matrix Ltd will have provided you.

The Marketing Matrix Ltd reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.

Payment of Accounts

A deposit of 20% is required followed by 30% on approval of Home Page design and 50% on completion and launch of the live site.

For Marketing projects, 50% is usually required as a deposit followed by 50% on completion unless our services are secured on a time bundle or retained basis.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the client’s satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required.

It is the policy of The Marketing Matrix Ltd that any outstanding accounts for work carried out by The Marketing Matrix Ltd or its affiliates are required to be paid in full on or very soon after the date of the invoice unless by prior arrangement with The Marketing Matrix Ltd. 30 days credit is not offered on website design and build projects.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or The Marketing Matrix Ltd have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non-payment can result in county court judgements (ccj’s) being added to the client’s credit rating.

Following consistent non-payment of an invoice, our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

Your Privacy

We do not share or sell any of your details with third-party companies, without your express permission and we will only email you or contact you about work-related matters. Please see our Privacy Policy for more details.

The Marketing Matrix is a data controller and processor registered with the Information Commissioner’s Office and abides by the principles of the Data Protection Act and Article 5 of the General Data Protection Regulation 2018, namely that all personal data shall be:

  • processed lawfully, fairly and in a transparent manner in relation to individuals
    collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes
  • adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed
  • accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay
  • kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals
  • processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.

It is the responsibility of the client as the data controller to store and manage its customers’ data in accordance with the Data Protection Act 1998 and the GDPR 2018 (May 2018). We only process our client’s personal data through compliant email marketing systems such as MailChimp and Constant Contact. The contract for such services will be between yourself and the email marketing system. Please check the privacy and data policies of the email marketing system your data is stored within to ensure you are happy with their management of your customer’s data.

We ask that you upload any data yourself and assure us IN WRITING that people have given consent for their data to be stored and used.

Contractor’s Warranties

The Marketing Matrix Ltd hereby represents and warrants to the Client that: The Web Site will, after completion, delivery and any remedial work required following testing, provide the facilities and functions and otherwise perform as set out in the Specification; has and will continue to have the right to grant all the rights and licences granted herein or that it purports to grant to the Client pursuant to and under the terms of this Agreement; the Client’s use and operation of the Web Site will not infringe the intellectual property rights of any third party; no Site Materials created or sourced by The Marketing Matrix Ltd will contain anything that is in any way unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory or otherwise objectionable or that facilitates or promotes violence, terrorism, or any other criminal activity; the Client will require no software other than that specified in the Specification to operate the Web Site; and all services provided to the Client by The Marketing Matrix Ltd shall be provided in a timely and orderly fashion by skilled and experienced personnel acting with all due care and skill in accordance with the best professional standards current in the website design and SEO services industry.

In the event that The Marketing Matrix Ltd receives written notice from the Client of any breach of the warranties, we shall at our own expense promptly remedy the defect or error in question.

Client Obligations

The Client hereby represents and warrants to the Contractor that: it has the power and authority to enter into and perform its obligations under this Agreement; and no Site Materials created or sourced by the Client will contain anything that is in any way

unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory or otherwise objectionable or that facilitates or promotes violence, terrorism, or any other criminal activity In the event that the Client receives written notice from The Marketing Matrix Ltd of any breach of the warranties the Client shall at its own expense promptly remedy the defect or error in question.

Liability

The Marketing Matrix Ltd shall not be liable to the Client for any indirect or consequential loss the Client may suffer even if such loss is reasonably foreseeable or if we have been advised of the possibility of the Client incurring it. The Marketing Matrix’s entire liability to the Client in respect of any breach of its contractual obligations, any breach of warranty, any representation, statement or tortious act or omission including negligence arising under or in connection with this Agreement shall be limited to the total Project value.

Force Majeure

Neither Party to this Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

Severance

The Parties agree that in the event that one or more of the provisions of this Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of this Agreement. The remainder of this Agreement shall be valid and enforceable.

Entire Agreement

These Terms embody and sets forth the entire agreement and understanding between the Parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these Terms. Neither Party shall be entitled to rely on any agreement, understanding or arrangement not expressly set forth in this Agreement, save for any representation made fraudulently. Unless otherwise expressly provided elsewhere in these Terms.

Law and Jurisdiction This Agreement shall be governed by the laws of England and Wales.

Any dispute between the Parties relating to this Agreement shall fall within the jurisdiction of the courts of England and Wales.

Complaints Procedure

Informal procedure In the unlikely event that a problem with the web service provided by The Marketing Matrix Ltd is experienced, the matter should be raised directly, giving sufficient information to locate the material (such as a URL) and clearly outlining the grounds for complaint.

The Marketing Matrix Ltd will investigate the matter in question with a view to resolving the situation to your complete satisfaction.

Formal complaints procedure 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.

A formal complaint should be made in writing to The Marketing Matrix Ltd, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

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.

The Marketing Matrix Ltd will begin work as agreed with the client only when the deposit invoice has been paid at which point the contract and these terms and conditions will be deemed to have been accepted.

MARCH 2022