Terms and Conditions

Trades Get Online Terms and Conditions

TGO refers to Lion Spirit Media t/a Trades Get Online

1.1 Our fees are Non-refundable, maintenance and hosting fees are paid by subscription, in the event that a payment fails we will remind you to update your payment details, if the payment hasn’t been paid after 7 days then your website will be taken offline until the fee has been paid.

1.2 Any complaints or legal issues regarding the websites we have created, managed, or worked on behalf of our clients will always be the responsibility of the client. If the complaint is raised with us TGO directly we will endeavour to put it right, within the terms of our agreement we have with you at the time of the complaint. 

1.3 Any complaints/claims/damages etc. regarding photography sourced free from search engines etc. remains the legal responsibility of the client. Any imagery that we source for you will be properly licensed and meet all copyright requirements. 

1.4 In the event of any website downtime, crash, re-direct, hacks, viruses, bugs, data/logic bombs, server failure, etc; TGO will work to repair/reinstate your website as soon as possible. Please be aware that we may need to use the last backup of your website in order to do so. We aim to get your website back online as soon as possible but depending on the complexity of the issue it may take up to 48 hours (Monday to Friday excl Bank Holidays) after your site has been reported as going offline/hacked etc.

1.5 TGO cannot be held responsible for any lost sales or enquiries, perceived brand damage, website downtime etc. howsoever caused.

1.6 We reserve the permanent right to use your website for the purpose of marketing on our website, brochures, banners, backlinks, social media posts and award or competition entries. 

1.7 Each website will carry a link to TGO at the base of their website, these cannot be removed under any circumstances unless written/email permission is given from TGO.

1.8 Clients can cancel their subscription at any time, the website will be taken offline at the end of that payment period.

1.9 You warrant to us that:

a) you will only use your Web Site for lawful purposes;

b) you will not knowingly or recklessly post, link to or transmit on your Web Site any material: that is unlawful; or containing a virus or other hostile computer program; that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trademark, other intellectual property rights or similar rights of any person under the laws of any jurisdiction; and

c) any transactions within your Web Site which are contracts for sale of goods or services will be between you as the merchant and your end-user customer;

d) the information contained within your Web Site will comply with applicable law, and codes of practice governing the use of internet and related services, including, without limitation, those codes of practice governing distance selling and data from time to time in force; and

e) you will keep secure any identification, password and other Confidential Information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any or suspected breach of security, including loss, theft or disclosure of your password information.

1.9.1 Notwithstanding notification of any breach of security as required pursuant to the warranty in clause 2.2.4 (e), you will be liable for any and all uses of your Web Site including but not limited to any fraudulent or improper use of your password or any other access to any of the facilities or Services provided by Get Trades Online with the exception of unauthorised use or access by Trades Get Online.

Our Creative Work

2. Each client has the option to reject their website, if the website has been produce from one of our template designs we can make small adjustments (copy, colours and images), these amendments can be made at any time your subscription is active and we aim to turnaround any requests within 48 hours (Monday to Friday). If changes go beyond this then we are happy to provide a Bespoke website based on a website design that you send us, we are happy to provide a quote for this work which will require 50% payment upfront.

2.1 Each website creative must be signed off by the client, at that stage the responsibility for any design similarities or perceived copy, will become the legal responsibility of each client.

2.2 Creative Sign-Off you will be offered a partial working version of your website, or graphic designs to peruse, critique and request any changes you require. Once you have creatively signed off your website, we will make you website live.

2.3 Failure to hand over any content, images, testimonials etc, in the agreed time period will delay the development of your website, subscription charges will still be charged.

2.4 TGO reserves the right not to use poor client content or photography or graphics as it may damage the overall impression and performance of the website as well as the perceived quality of the website and subsequently our work.

Additional Marketing Services

3.0 Our monthly management, marketing and advertising services are designed to help promote your website and business within the various search engines as well as help create social media engagement and community; it is not possible to guarantee results/business growth etc.

3.1 We cannot offer guarantees or timelines for improved Search Engine Ranking Positions (SERPs) for your website or individual pages within your website as although we have confidence in our services the results are outside of our control.

3.2 TGO bears no responsibility for the performance, sales, enquiries, website metrics, brand enhancement/damage, and social media platforms.

3.3 TGO reserve the right to post articles on each client’s behalf unless specifically instructed, in writing.

3.4  TGO cannot be held responsible for any perceived or actual brand damage that may arise as a result of any of our services including website production/content/posts/share/tweet/blog/adverts/videoes etc.

3.5 Our extended services include SEO, Google Ads, Social Communications (Facebook, Twitter, LinkedIn, Instagram, Google my Business) Social Advertising and Blogs; our efforts are guided and fully intended to comply with any current, known to us, UK Legislation. If for any reason our client services breach or do not adhere to current UK or EU Legislation, including GDPR, our liability will be limited to halting/removing any visible infringements/breaches etc, there will be no reimbursement of fees or compensation of any form. Any fines arising/prosecutions will remain the responsibility of the client.

All our Marketing, Advertising, Social & SEO Plans are also subject to:–

Set up fees will be detailed on the relevant page.

Although we have a high degree of confidence in our ability to generate quality leads and sales over time, we cannot guarantee any specific results.  We accept no legal responsibility or offer any level of compensation for poor or underperforming campaign results, sales, enquires, and ultimately business growth or reduction. 

We take no responsibility for any actual or perceived brand damage that may occur as a direct result of a communication/post or advert, etc sent by TGO on your business’s behalf. 

Ad Spend

You will let us know in writing your budget for Google Ads

Google Ads, ‘Impression & Click Budgets’ are NOT included in our fees and must be paid directly by the Client to Google. We can recommend a click budget and once agreed, we will need to set up an account with your payment details so you can pay Google directly. It is your responsibility to ensure that Google is paid, if not Google may close or suspend your ad account.

Google operates very strict rules on what can be said and shown. These rules are constantly evolving, so it’s possible that your ads could be suspended without notice. If this happens, we’ll do our best to make the necessary changes and get your ad reinstated as soon as possible.  There is no compensation available from Google if your business has been affected by their advert suspension/block or removal.

Equally, we accept no responsibility for any loss of leads/enquiries or sales as a result of advert block, suspension or removal or account closure.

On termination or expiration of our contracted term for our Google Ads, we are not able to copy or transfer any ads, analysis, keyword research or access to the advertising/admin areas.

Any setup fees, are for the labour/skill in setting up the campaign and do not relate to the creation of the adverts copy or keyword research.

Termination

4.0 You can terminate any of our services via our website at any time or via email. There are no refunds available for any part months and unless the client requests it service will continue until the next billing date.

Financial

5.0 Payments are made one calendar month advance of the service, slow or late payment will pause the service until the payment is made.

5.1 Payments are made online via our website.

5.2 All websites and creative work produced on the TGO cannot be transferred off the platform.

5.3 TGO does not offer credit terms, any arrears will mean the immediate suspension of our services which will include the website hosting, meaning your website will no longer be visible or accessible. In this instance, a minimum of 7 days of email notice will have been given.

5.4 TGO are VAT registered company, all prices listed are excluding VAT which will be added at the checkout and the current rate.

6.0 TGO is a UK-based company governed by UK statute, any legal claims will be heard in Aldershot. Each client agrees that any claim arising that is not covered by this contract will be heard in the Aldershot small claims court.

Non-Disclosure Agreements

7.0 

The Parties agree as follows:

7.1 Each of the parties to this Agreement intends to disclose information (the Confidential

Information) to the other party for the purpose of marketing activities (the Purpose).

7.2 Each party to this Agreement is referred to as ‘the Recipient’ when it receives or uses the Confidential Information disclosed by the other party.

7.3 The Recipient undertakes not to use the Confidential Information disclosed by the other party for any purpose except the Purpose, without first obtaining the written agreement of the other party.

7.4 The Recipient undertakes to keep the Confidential Information disclosed by the other party secure and not to disclose it to any third party except to its employees and professional advisers who need to know the same for the Purpose, who know they owe a duty of confidence to the other party and who are bound by obligations equivalent to those in clause 7.3 above and this clause 7.4.

7.5 The undertakings in clauses 7.3 and 7.4 above apply to all of the information disclosed by each of the parties to the other, regardless of the way or form in which it is disclosed or recorded but they do not apply to:

a) any information which is or in future comes into the public domain (unless as a result of the breach of this Agreement); or

b) any information which is already known to the Recipient and which was not subject to any obligation of confidence before it was disclosed to the Recipient by the other party.

7.6 Nothing in this Agreement will prevent the Recipient from making any disclosure of the Confidential Information required by law or by any competent authority.

7.7 The Recipient will, on request from the other party, return all copies and records of the Confidential Information disclosed by the other party to the Recipient and will not retain any copies or records of the Confidential Information disclosed by the other party.

7.8 Neither this Agreement nor the supply of any information grants the Recipient any licence, interest, or right in respect of any intellectual property rights of the other party except the right to copy the Confidential Information disclosed by the other party solely for the Purpose.

7.9 The undertakings in clauses 7.3 and 7.4 will continue in force indefinitely.

7.10 This Agreement is governed by and is to be construed in accordance with, English law. The English Courts will have non-exclusive jurisdiction to deal with any dispute which has arisen or may arise out of, or in connection with, this Agreement.

Access to information

8.0 Google Analytics and Google Search Console can both be accessed directly by the Client.

8.1 Google Ads if the client has created their own account for Google Ads we will require access to it in order to carry out our services. Alternatively if provided with payment information we can set this up on your behalf.

8.2 If we have set up any social media accounts these can be shared with the Client. It is possible to transfer all social accounts to a new user/manager/administrator on termination of our services.

8.4 Search Engine Ranking Software it is not possible to give access to this software. We will however share reports and important information with you.