1.0 WEBSITE MONTHLY MEMBER PACKAGES PAYMENT PLAN
Our customers are our members and we are privileged to serve them and truly hope our members see us as partners in their quest to optimise their online visibility for the betterment of their business. We strive to provide clarity in our commitment to you and outline the terms we agree to uphold as we will always seek to find an amicable solution to any challenges that our journey together may present.
1.1 Contract Commitment: Minimum contract period is 12 months for all website packages from completion of set-up of the website. After the minimum contract period a 1 calendar month notice period for cancellation is required in writing.
1.2 Payment Plan: HML provide monthly payment plans for 1. Website or Advertising Set-up paid over 1,2 or 3 months and 2. Monthly ongoing support and advertising licence packages over 12 months.
1.3 Deposit Advance Payment: The first set-up monthly instalments is required before the project begins. If the project is cancelled within 7 days of our agreed contract, provided no work has commenced, the deposit will be refunded. After 7 days the deposit is non-refundable.
The Advance Payments reflects our expenses in setting up the contract, project planning and your account with HML so that we can carry out the contract whilst leaving customers with a reasonable amount to still pay on completion. It is likely this work will commence within 7 days so these reasonable costs when we consider our actual losses will be deducted from any refund.
1.4 Invoice: You will be invoiced monthly in advance on the 1st of the month. Payments must be received by the 15th of this month. If no payment is received and cleared by the end of this month it may result in a service suspension which could affect your website presence, rankings on search engines and emails.
1.5 Monthly Payments by Direct Debit: Payment must clear the HML bank account by the 17th of each month. If the payment failed and there wasn't enough money in your bank, we'll try to take the payment again in the next seven working days. A fee of £5 will be charged to cover the administration costs of the failed payment.
1.6 Monthly Payment Plan: 12 Month contracts starts from when the first monthly payment following the set-up of the website is received. After the 12 months payment plan is completed your monthly payments continue on a monthly rolling contract until 1 calendar months notice to cancel is given in writing such as email to accounts@hmlmarketing.co.uk. Please refer to 1.11 for full cancellation terms.
1.7 Annual Escalation: Annual escalation of monthly ongoing fees may apply as HML discretion and you will notified 1 month in advance of any price increases.
1.8 Website Warranty: Your website is covered by a maintenance plan for 60 days from the day your website goes live. HML will fix any bug or website issue within this 60 day warranty period.
1.9 Maintenance: Once your website warranty period expires your monthly payment plan includes basic support. Any issues (bugs) identified on the website after your warranty period, will be rectified as part of your monthly plan. An extended maintenance plan can be discussed with your Account Manager.
1.10 Moving on: Should you wish to leave HML and own your domain then you can elect to move it to a new domain and hosting provider. You may wish to move your website content too provided you have our permission and copyright transfer is agreed.
1.10.1 Subject to our agreement of copyright transfer, you could copy and paste the content to your new providers website editor. Otherwise you could elect to request HML package the source code, although we recommend using a competent hosting company or developer that is familiar with content management and configuring Concrete 5 editors, see 1.10.2.
1.10.2. Request HML to package your website and move it to your new provider hosting space subject to an upfront minimum fee of £300+vat according to size of website, complexity and excludes domain fees. This is at HML's discretion. The fee is required to prepare and package your data, design theme copyright transfer and content files to hand-over to your new supplier. This does not include set-up within the new suppliers hosting or environment. As we provide bespoke solutions including editors, HML do not guarantee that new suppliers hosting or environment is compatible with HML.
The domain, website, it's content, design and database remains the property of HML until full payment of agreed copyright transfer fees and early settlement fees has been received. Early settlement within the 12 month period requires all 12 monthly payments to be paid at the agreed upon rate before transfer. There is no discount for early settlement.
1.11 Cancellation Notice: After 12 months there is a 1 calendar month notice period required when cancelling your website package with HML. Written notice must be emailed before the 15th of the month. If notice is handed in after the 15th of the month, then it will only take effect from the next full calendar month. For example, if you would like to cancel your website package and for it to take effect from the 1st August then written notice must be provided by the 15th June. If written notice is provided after the 15th June, then you will be charged for July and August. If you cancel your website package before your contract ends, an early settlement requires any 12 monthly payments remaining, must be paid at the agreed upon rate. There is no discount for early settlement.
1.12 Transferring your domain names away: Some of our packages may include a free .co.uk domain name as part of these packages. If registered by HML the registrant and administrator will be owned by HML (UK) Limited. As part of the cancellation procedures 1.10 and 1.11 above, you can request to transfer your domain to your new provider. At our discretion and if we accept your request we will charge a fee to cover the value and transfer cost of the domain to your chosen provider.
Please note: Cooling Off Period
Although a cooling off period only applies to consumers, not business customers, and we only deal with business customers, we do however provide 7 day cooling off period as referred to in 1.3.
Only consumers are eligible for a 14 day cooling off period for non-bespoke products. Bespoke products are anything that has been customised to the customer so cannot be sold. An example of such products that this applies to at HML (UK) Limited is Domain names. Due to their nature, this means that they are not refundable. Bespoke website design undertaken prior to cancelling, is another example of non refundable customised work.
2.0 SEO & PPC MEMBER TERMS & CONDITIONS
Clause 1.1 to 1.7 in 1.0 Website Monthly Member Packages Payment Plan are applicable. Additionally the following apply.
2.1 Liability: HML are not liable in delict, contract, warranty or otherwise for any claim and / or any consequential and / or direct damage suffered by the customer or any third party which arises.
2.2 Authority: If HML does not own the domain and hosts the website such that it is hosted by a 3rd party, the customer hereby authorises HML access to their domain, hosting accounts, databases pertaining to the services rendered by the corporation where applicable, and to publish material to search engines and other directories without any liability.
2.2.1 For the purposes of receiving professional SEO services, the customer agrees to provide the following: Administrative/backend access to the website for analysis of content and structure. Permission to make changes for the purpose of optimisation, and to communicate directly with any third parties, such as your web designer. Unlimited access to existing website traffic statistics for analysis and tracking purposes.
2.2.2 HML 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 customer's website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
2.2.3 Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, we do not guarantee positions or consistency of positions for any particular keyword, phrase, or search term.
2.2.4 Google has been known to hinder the rankings of new website pages until they have proven their viability to exist for more than a period of time. This is referred to as the "Google Sandbox." HML assumes no liability for ranking/traffic/indexing issues related to Google Sandbox penalties.
2.2.5 Occasionally, search engines will drop listings for no apparent or predictable reason. Often, the listing will reappear without any additional S E O. We assume no liability for such de-listings or listings.
2.2.6 Some search directories offer expedited listing services for a fee that is paid directory listings. If the customer wishes to engage in said expedited listing services, the customer is responsible for all paid for inclusion or expedited service fees.
2.2.7 Linking to "bad neighbourhoods" or getting links from "link farms" can seriously damage all S E O efforts. HML assumes no liability for the customer's choice to link to or obtain a link from any particular website without prior consultation. HML will never employ 'Black Hat' S E O techniques.
2.2.8 HML is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the customer's website.
2.2.9 HML is not responsible for the customer overwriting optimized S E O work to the customer's site.
2.3 For SEO packages that include a new website designed by HML and a domain registered and hosted by HML, the design, source code, content supplied by HML and domain are owned by HML.
2.4 For PPC Advertising we undertake to manage your PPC campaign as set out in the following procedures and inferred terms of business which you are agreeing to:
2.4.1 PPC Traffic
We evaluate your audience and potential of PPC advertising for your business and set an appropriate budget for the volume of traffic you might expect from a PPC campaign. After a reasonable period usually minimum of 3 months we review your advertising campaign and consult you. Your advertising budget is set by a variety of ongoing factors and we are always learning about the value of your market based on expense, characteristics and tactics necessary for success.
2.4.2 PPC Keyword Selection
We study the keywords that we agree would bring the right customers to your site. We put together a comprehensive list of related keywords and monitor their performance.
2.4.3 Advertising Costs
Our PPC advertising proposition consist of an all in price which is split as follows:
1. constructing the campaign, called set-up
2. monthly management fee nominally 40% of budget for campaigns up to £300+vat
We ensure our proposal is clear on what we are targeting and the schedule for ongoing reviews.
2.4.4 Building the Campaign
We utilise our learnings from studying your market, our experience in PPC as set out below:
Bids: PPC is essentially an auction for the right to appear in the top positions. We study your market to maximise the reach of your budget whilst reaching a compromise on position and price per click.
Adverts: We construct adverts that entice the audience you are chasing. We tap into their mind-set, reflect your brand values and create an appropriate call to take action.
PPC and Your Website: Our PPC campaign success also depends on your website so we study your website and advise you of any amendments we feel are necessary to convert our PPC audience.
Reviews, Reports and Meetings: We will provide monthly independent website reports, subject to use of analytics that conforms with Cookie regulation and some clients are supplemented by quarterly face to face reviews of the campaigns.
3.0 MAINTENANCE PLAN TERMS & CONDITIONS
3.1 HML Lite includes basic maintenance and bug fixes outside the 60 day Warranty period and included in your monthly support package. An extended maintenance plan can be discussed with your Account Manager. This is called a maintenance retainer and can be used for any type of work with HML, including (but not limited to) bug fixing, website changes, enhancements, new pages, features and articles etc.
All maintenance retainer contracts are cheaper and are charged at £45+vat per hour. Standard charge is £60+vat per hour.
3.2 Unused hours will roll-over into the next month to be used for a maximum of one month rolling. Unused hours that have rolled over and remain unused in the next month will be lost.
3.2.1 At the end of each month we will provide you with an itemised breakdown of how the hours were used.
3.2.2 You will be invoiced monthly in advance and payments are monthly in arrears.
3.2.3 We work on a minimum retainer contract of 3 months with 1 months' notice. So if you took out the minimum number of months (i.e. 3) and then wanted to cancel your retainer contract, it would equate to 3 months + 1 months' notice = 4 months payments. After 3 months, the retainer will continue to roll month by month, with a 1 months' notice period in writing.
4.0 Service Availability and Security
4.1 Whilst every effort is made to provide error free service to our members you understand and acknowledge that our services are not intended to be 100% error free because:
4.1.1 From time to time the Services may contain mistakes, be unavailable or may not be fully functional.
4.1.2 From time to time planned or required maintenance, repairs or updates, equipment failures, high volumes of internet traffic, interruption of telecommunications or digital transmissions links, network or system errors may occur.
4.1.3 Other factors.
4.2 We will try to minimise any disruption to your use of the Services, however, we do not promise that any Service will be provided on a continuous and uninterrupted basis, or that we will be able to correct any error that occurs in the Services. We will not be not liable for any interruptions to the Service availability or functionality, whether caused by an Event Outside Our Control or by anything else.
4.3 You should notify us if you notice any problems with the availability or functioning of the Services so that we can try to fix these problems.
4.4 We may temporarily suspend any Service at any time if we believe this is necessary:
4.4.1 To carry out essential maintenance to prevent or respond to hacking attempts, service attacks or other similar activities directed at our systems, or to deal with any other emergency technical issue.
4.4.2 If we have reason to believe that you are no longer using the Services or that the password and access codes we have provided to you are being misused, for example, where you fail to respond to emails from us or Our Representatives regarding your contact information; or
4.4.3 If suspension is required by a third party with authority, including any of Our Representatives, ICANN and judicial, regulatory or governmental bodies.
4.5 You agree that no data stored on or transmitted over the internet can be guaranteed to be 100% secure although all information transmitted to us is stored in operating environments which we believe are within industry standards for security, you acknowledge. We are not responsible for any security breach or any interception or interruption of Your Content, Your Data or any communications that you send through your use of the Services.
4.6 You are responsible for securing and backing up your content and data as we accept no responsibility for your loss of data under any circumstances.
4.7 Our services are governed by a Fair Usage Policy (FUP).
4.7.1 We operate a Fair Usage Policy to ensure our hosting services and packages such as Unlimited eCommerce are used fairly and our services operate reliably for all customers.
4.7.2 With our unlimited products we do not impose an actual figure on what we consider to be “excessive” use as this is not necessarily helpful and may penalise users unfairly. What is deemed excessive will be determined by a number of factors including (but not limited to) the length of time which your excessive usage continues for, as well as the amount of resources being used.
4.7.3 If, in our reasonable opinion, you have breached this FUP, we will contact you by email to let you know that that your usage is excessive and is affecting HML (UK) Limited services/systems and/or other users. We reserve the right to impose reasonable limits to reduce your usage and/or advise on more suitable package or dedicated server option.
4.8 Service Technical provision and SLA, just click to open PDF Service Technical Specification Rev_June14.pdf
5.0 VARIATION OF TERMS AND CONDITIONS
5.1 HML may change the conditions of the Contract at any time and will give the Customer notice of such changes at least 14 days before they take effect.
5.2 LAW The laws of England, Northern Ireland and Wales govern this Contract.
6.0 COOKIE POLICY
Cookies on our site
By using our site, you consent to the use of the following cookies. Cookies are used on our site for the following reasons:
We use traffic Analytics cookies to identify how the site is being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes.
6.1 What is a cookie
A cookie is a small file which asks permission to be placed on your computer's hard drive. There are two main kinds of cookies: session cookies and persistent cookies. Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiry date. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
6.2 Are cookies safe?
Yes. The information stored in cookies is safe and anonymous. They do not contain any information which could personally identify you and your account security is never compromised. You can find more information about cookies at www.allaboutcookies.org
6.3 Refusing cookies via web browser
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
6.4 Most browsers allow you to refuse to accept cookies.
Firefox - How to change your cookie settings in Firefox
Internet Explorer - How to change your cookie settings in Internet Explorer 9, Internet Explorer 7 & 8
Google Chrome - How to change your cookie settings in Google Chrome
Safari (OS X) - How to change your cookie settings in Safari (OS X)
Safari (iOS) - How to change your cookie settings in Safari (iOS)
Android - How to change your cookie settings in Android
Blocking cookies will have a negative impact upon the usability of some websites.
7.0 Terms of Use
7.1 Registered Office
HML (UK) Limited
456 Gower Road
Killay, Swansea
SA2 7AL
Registered Office: England & Wales
Company No. 04406471
General Enquiries: 01656 457458
7.2 Legal
These terms and conditions apply to your use of hmlmarketing.co.uk, other company related websites, our on-line software owned and operated by HML (UK) Ltd. These terms and conditions do not apply to your use of unaffiliated sites to which hmlmarketing.co.uk or affiliated on-line software and sites links. These terms and conditions are in addition to our acceptable user policy, service agreements, confidentiality agreements and any documents deemed necessary subject to our standard business contract but not exclusive and are inferred and available upon request at our discretion.
If you Use this site, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use this site.
If any of the terms, conditions and provisions of the Site shall be unlawful, void or for any purpose unenforceable the particular term, condition or provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms, conditions or provisions.
7.3 Restrictions on Use of Materials
The contents of this site is protected by copyright and trademark laws, and are the property of HML (UK) Ltd. Unless we agree otherwise, you may not access the materials located within hitparade.co.uk, affiliated sites for your personal use, non-commercial or commercial use. You may not download a copy of posted materials on a single computer for personal, non-commercial or commercial use. You may not neither change nor delete any author attribution, trademark, legend or copyright notice. If we agree or subject to contract, downloaded copyrighted material, you do not obtain any ownership rights in that material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of hitparade.co.uk and affiliated sites. Only if you obtain prior written consent from us or subject to contract and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from hitparade.co.uk and affiliated sites. Permission may be sought by writing to support@hmlmarketing.co.uk .
7.4 Links
These terms and conditions apply only to hmlmarketing.co.uk and affiliated sites and not to any of the sites and unaffiliated which hmlmarketing.co.uk and affiliated sites links to. We are not responsible for the availability of any other site to which hitparade.co.uk and affiliated sites links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will HML (UK) Ltd be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site.
7.5 Disclaimers
THE SERVICES AND MATERIALS ON hmlmarketing.co.uk and affiliated and sites ARE PROVIDED BY HML (UK) Ltd and WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANIES RENTING THE USE OF THE SOFTWARE AND SERVICE ARE LIABLE FOR THEIR CONTENT AND MATERIAL WHICH IS SUBJECT TO CONTRACT AND DATA PROTECTION ACT 1998. THEY SHOULD HAVE THEIR OWN BACKUPS OF THEIR DATA USED ON hitparade.co.uk and affiliated and sites. HML (UK) Ltd DOES NOT WARRANT THAT ANY FUNCTIONS CONTAINED IN THE hmlmarketing.co.uk and affiliated sites WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THESITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
HML (UK) Ltd DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN hmlmarketing.co.uk and affiliated sites IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
7.6 Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL HML (UK) Ltd BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON hmlmarketing.co.uk and affiliated sites, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY HML (UK) Ltd FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO HML (UK) Ltd, IF ANY, FOR ACCESSING THE hmlmarketing.co.uk and affiliated sites.
We control and operate hmlmarketing.co.uk and affiliated sites from our offices in the United Kingdom. We do not represent that materials on, hitparade.co.uk and affiliated sites, are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Unless otherwise specified the information on the Site is directed solely at those who access the Site from the United Kingdom (of Great Britain and Northern Ireland) and at those who are residents of the United Kingdom (of Great Britain and Northern Ireland).
