Terms and Conditions

DEFINITION OF OUR TERMINOLOGY AS USED WITHIN THIS AGREEMENT:

Promo Geeks is a trading name for ‘Cre8ive Media Ltd'

A ‘Project’ is any work undertaken or service provided by Promo Geeks for the client on their request and as described upon confirmation.

‘You’ or ‘Client,’ is a person, persons, business or organisation using any of the services provided by Promo Geeks.

‘We’ or ‘Us’, means Promo Geeks.

‘Live’ means the date the website is available on the Client’s chosen domain.

‘Domain’ is the website address as specified by the Client.

‘Hosting’ is a yearly cost to keep a Client’s website activated online.

‘Content’ is both text and images that the Client requires on the website.

1. GENERAL:

1.1 The contract between Promo Geeks and the Client will be Created upon the agreement of using our services.

1.2 The Client is deemed to have accepted and agreed to these Terms and Conditions by notifying Promo Geeks of their intention to commence/continue with the services provided by Promo Geeks, or by paying or continuing to pay any order, invoice or regular payment.

1.3 Promo Geeks requires an agreed deposit before any work is carried out. 

1.4 Pay monthly clients will be charged a cost monthly for a minimum of 12 months. Promo Geeks reserve the right to change / amend monthly payments after this 12 month period and in this instance you will be notified prior and given the option to continue our services or to terminate.

1.5 Quotations are only valid for 28 days. After this time we reserve the right to alter any costings we feel necessary or decline to continue with the proposed Project.

1.6 The work to be carried out by Promo Geeks will be previously discussed and agreed by you before the arrangements are made by Promo Geeks for the proposed project.

1.7 Additional work requested by the Client not specified in the proposal/invoice is subject to an additional proposal/invoice. The Client agrees and understands that any additional work may affect the time scale of delivery of the project.

1.8 Promo Geeks reserves the right at any time without notice to remove any Client from its services, web hosts, for breach of Inappropriate Material, or for linking to Inappropriate Material, even before acceptance of the contract.

1.9 Any discrepancies or queries should be brought to the attention of Promo Geeks by telephone or email before acceptance of services. Initial payment or deposit payment is acceptance of services and is non refundable after 14 days, unless both parties mutually agree and under exceptional circumstances.

1.10 The Client will provide Promo Geeks with any reasonably requested information and Content in a timely manner.  We will not be held liable for any missed launch date or deadline as a result of You supplying information late or not approving/signing off work at any stage.

1.11 You accept that you will responsibly use and abide by the terms of any third party software or media included within any work done for You.

1.12 You agree that Promo Geeks has the right to include any work done for You in their portfolio or to showcase their work. If you do not authorise Us to do this you are required to notify us by email before the website goes Live.

2. LEGALITIES, COPYRIGHT, AND INTELLECTUAL PROPERTY:

2.1 Promo Geeks shall expect the Client to carry out sufficient research before proceeding with the project. This will include checking that the website/idea/business will operate legally. We will not be held liable if the business is not set up or run legally. 

2.2 The Client agrees that any images or Content supplied by You or used on the website is legally available for You to use or used with full permission of the original author(s). We cannot be held responsible for the illegal use of images, Content or format of material on the website.

2.3 Promo Geeks reserves the right to remove any website if there is reason to believe that it is operating illegally, inappropriate or the website contains a virus. We may also remove the website if it constitutes harassment, racism, violence, obscenity, spam or infringes privacy or copyright.

2.4 Promo Geeks cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed is a result of a service offered by Promo Geeks.

2.5 You understand that Promo Geeks is the sole owner of the website until completely paid and there is no outstanding balance due. Once paid, ownership of the site is then the client’s.

3. PAYING FOR YOUR PROJECT AND PAYMENT TERMS (GENERAL):

3.1 Promo Geeks charges an agreed deposit before any work is carried out. This varies dependant on the variables and current situations. When the website design is completed to the specification discussed and in ‘Live’ mode the remainder of the balance is due (design payment). 

3.2 The initial deposit payment is non-refundable after 14 days unless under exceptional circumstances. This is due to commitment of resources or completed research and/or design work which may have already started on the Client’s behalf.

3.3 We ask for all invoices to be paid upon receipt but as a rule allow 30 days.

3.4 If You request Us to suspend work or delay our work for more than 7 days you shall be required to pay Us for work already carried out and for fees or charges incurred.

3.5 Promo Geeks own all web designs, images not supplied by You, pages, code and source files created until final payment has been received in full and by prior agreement.  Without receiving payment in full, ownership of all designs and code will remain with Us.

3.6 We reserve the right not to carry out further work on the Project if You have any outstanding invoices.

3.7 We reserve the right to remove our work carried out on your behalf from the internet if any payments are not received. This will be considered a breach of contract if payments remain outstanding.

3.8 Cancellations made after 14 days will be subject and You will be liable to pay any remaining or outstanding balance.

4. PAYING FOR YOUR PROJECT AND PAYMENT TERMS (PAY MONTHLY):

4.1 All pay monthly clients agree to enter into a 12 month agreement, whereby the full balance is to be paid over 12 months.

4.2 Promo Geeks requires any deposits to be paid in full before work is to commence, this will include the first monthly payment.

4.3 Your monthly payment date, will be made clear to you and will be the date our services commence. This will be due each month regardless of whether the website is completed and is an ongoing project.

4.4 Once the site is ‘Live’ any cancellation and/or failure to make payment during the first 12 months will be deemed a breach of contract.  You will be liable for the balance of the contract which is to be paid within 30 days.

4.5 We reserve the right not to carry out further work on the Project if You have any outstanding invoices.

4.6 We reserve the right to remove our work carried out on your behalf from the internet if any payments are not received. This will be considered a breach of contract if payments remain outstanding.

4.7 Promo Geeks can take an automatic card payment, with your full consent. This is taken through an external secure/payment system and the agreed monthly amount will be taken as a card payment each month. This data is not kept or stored by Us directly.

4.8 If you consent to automatic monthly card payment, it is the sole responsibly of the client to ensure card details are up to date and the funds are available. Any payments not authorised, will therefore become an outstanding invoice and therefore breech of contract. The third party payment system accepts no liability for this.

4.9 Cancellations within the first 12 months will be subject to pay the remainder of the 12 month period/contract as set out in this agreement.

4.10 Pay monthly contracts are available whereby the Client requires on-going work on their website project or wants to spread the cost, this will be quoted and completely transparent prior to the project commencing.

4.11 As a new customer You are entitled to a full refund within 14 days and to terminate our agreement.

5. FEES AND CHARGES:

5.1 Promo Geeks does not accept cheque as a means of payment. Only BACS (whereby this information is provided on the invoice) or Debit Card payment.

5.2 Promo Geeks reserves the right to add interest and charges for any late or missed payments.

6. RETURNS/CANCELLATION:

6.1 As a new customer You are entitled to a full refund within 14 days.

6.2 All new customer deposits will be set aside for 14 days to ensure refunds can be given.

6.3 This returns policy also relates to the first/deposit payment for 'pay monthly customers'

6.4 For cancellations after 14 days and after work has been undertaken, no refunds will be due, accept in/under exceptional circumstances.

6.5 You can cancel our services at anytime, however after 14 days no refunds will be given on payments already made.

6.6 For any cancellation/termination of services, we require written or email notice and for any outstanding balance to be paid in full.

7. COMMUNICATION:

7.1 Email is our primary method of contact so it is the Clients sole responsibility to check emails regularly. If You have any problems You can also contact us by telephone during office hours.

7.2 It is the Client’s sole responsibility to inform us of any change in email address so We always have valid contact details. We cannot be held liable in any way for problems relating to communication issues if We are not supplied with a valid contact details.

7.3 It is important for the Client to keep in contact with Promo Geeks it is not our responsibility to contact You to assess if you require any assistance.

7.4 If the Client opts to pay monthly, it is the sole responsibility of the Client to send any updates, amendments or changes to Promo Geeks via email. If this information is not received via email by You, Promo geeks will assume this is not required until this information is received.

8. WEBSITE DESIGN / DEVELOPMENT AND MAINTENANCE (GENERAL):

8.1 Design is subjective, and for this reason, We offer a reasonable ‘design revision’. This means that We will work with You on your design concept until You are happy with our proposal but there can be no more than 1 major revisions. The 1 design revision policy is accepted by The Client upon receiving the deposit or initial payment. Any changes after this are subject to additional charges.

8.2 You are responsible for all trademark, service mark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials We prepare.

8.3 Promo Geeks requires within a reasonable time, everything requested to complete the Project including all Content but not limited to text, images, videos, logos and artwork before any website design or development work is to commence. 

8.4 If Promo Geeks is clearly instructed to arrange content for the Client they accept no liability for copyright infringement and they are able to use an adapted version of this content whenever they chose.

8.5 We cannot guarantee complete and/or long-term compatibility of the website across all major browsers or platforms or handheld device because of updates/upgrades by their owners nor that the functions contained within your web pages will always be error free.

8.6 We cannot guarantee compatibility of the website in an old browser and platform software.

9. WEBSITE HOSTING AND EMAIL:

9.1 Promo Geeks will host the website and use a third party company called 'Ionos' to host all websites.

9.2 Hosting is included for the first year, then is annually renewable at a cost of £216 for 12 months, this can change after the 12 month period and is reflected in the prices set by 'Ionos' directly. Web Cre8ive will contact the Client to renew within 4 weeks of the renewal date and the hosting services are not obligated.

9.3 Hosting is included for clients paying monthly and this has already been built into the monthly costing.

9.4 The Hosting renewal charge must be received within 14 days of the invoice date. We reserve the right to deactivate any website when the Hosting has expired and the Client has not paid the renewal charge.

9.5 We reserve the right to charge an administration fee of £50 if the hosting charge is not paid within the timescale outlined in this agreement.

9.6 If the Client does not use Promo Geeks Hosting services set by 'Ionos', then the management and hosting of the Domain name are the full responsibility of the Client.

9.7 If the Client does not wish to renew the Hosting, the site files and associated data can be made available to the Client for free providing there is no outstanding balance. This must be sent by a written/email request 14 days prior to the hosting renewal date.

9.8 The Domain name can be transferred to the Client’s registrar account. Should the Client instruct us to upload and configure the site and Domain name to a third party server this work will be subject to charge.

9.9 Promo Geeks reserve the right to delete the website from our servers when your Hosting expires should You choose not renew the Hosting.

9.10 Hosting is provided via a third party solution. Promo Geeks cannot be held responsible for any downtime outside of our control. This may include, but is not limited to technical faults, DDoS (Distributed Denial of Service) attacks, internet downtime, and mail blacklisting.

10. SEO AND ONLINE MARKETING SERVICES: 

10.1 Promo Geeks will provide the Client with basic Search Engine Optimisation Services (hereinafter referred to as “SEO”) as described in this contract. Promo Geeks will use specific keywords and/or phrases to improve the search engine ranking of the Client’s website.

10.2 The total fees and charges for the SEO services are to be provided and is quoted in your proposal. The deposit must be paid in full, then work on the site will be completed as outlined in this agreement.

10.3 Promo Geeks basic SEO services are intended to serve two main purposes: 1) to provide the Client with increased exposure in search engines, and 2) to drive targeted online traffic to the site. Promo Geeks SEO Services will include (but are not limited to):

(a) Researching keywords and phrases to select appropriate, relevant search terms.

(b) Editing and/or optimisation of text for various html tags, meta data, page titles, and page text as necessary (up to agreed number of pages).

(c) Analysis and recommendations on optimal website structure, navigation, code, etc. for best SEO purposes.

(d) Recommend, as required, additional web pages or content for the purpose of “catching” keyword/phrase searches.

10.4 The Client must acknowledge the following with respect to SEO services:

(a) If Client’s site is lacking in textual content, the Client will provide additional text content in electronic format for the purpose of creating additional or richer web pages. Promo Geeks can create site content at an additional cost to the Client unless this is covered and set out in the proposal.

(b) All fees, services, documents, recommendations, and reports are confidential.

(c) Promo Geeks has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Client’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.

(d) Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, Promo Geeks does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term.

(e) Google has been known to hinder the rankings of websites (or pages) Promo Geeks accepts no liability for ranking/traffic/indexing issues related to Google

(f) Some search directories offer expedited listing services for a fee. If the Client wishes to engage in said expedited listing services (e.g., paid directories), this is the Clients sole responsibility.

(g) Linking to “bad neighbourhoods” or getting links from “link farms” can seriously damage all SEO efforts. Promo Geeks does not assume liability for the Client’s choice to link to or obtain a link from any particular website.

(h) Promo Geeks is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.

(i) Additional Services not listed herein (such as managing pay-per click campaigns, copywriting, link baiting, etc.) will be provided for a fee and be the sole responsibility of the Client to source this.

(j) The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Promo Geeks for inclusion on the website above are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Promo Geeks and its subcontractors from any liability.

(k) Promo Geeks is not responsible for the clients SEO rankings. 

11. DOMAIN NAMES AND LINKS:

11.1 Promo Geeks will register a Domain name on behalf of the Client after 14 days of receiving full payment.

11.2 Although the Domain names are registered to us, the Client is the legal owner of the Domain and if they request to have details changed or the Domain transferred elsewhere, We will do this within a reasonable timeframe considering there is no outstanding balance. 

11.3 If you want a domain name linked to The Website it will be the sole responsibility of the Client to arrange this. Promo Geeks will assist where possible.

11.4 Promo Geeks may provide links or references to our Client’s websites solely for the convenience of prospective customers.

12. LIABILITY:

12.1 Promo Geeks excludes itself, its employees and/or agents from all or any liability as a result of:

(a) Loss or damage caused by any inaccuracy

(b) Loss or damage caused by delay or error in the production of the website

(c) Loss or damage caused by omission

(d) Loss or damage caused to your artwork and/or images.

(e) Loss or damage caused by any other third party, of which, may work directly or indirectly with Promo Geeks.

12.2 We reserve the right to terminate a Project with You at any time without prior notification if you breach these terms and conditions.

12.3 Promo Geeks reserves the right to amend/edit these Terms and Conditions at any time without prior notice.

Updated: August 2021