IMPORTANT NOTICE:
These terms and conditions are for the services supplied by
OnlineAdMag (onlineadmag.com) set out the agreement between you and us
under which we will provide you with web design, hosting, domain, social
media marketing, search engine optimization and/or other services. It is
in your interest to read them carefully. If there is anything that you
do not understand then please contact us.
Definitions of
different terminology which have been used within this document:
1. A
'Project' is any work undertaken or service provided by OnlineAdMag for
the client on their request and as described in our confirmation order
email to that Client.
2. ‘You’ or 'Client,' is a person, persons,
business, organization, firm or company using or orders any of the
services provided by OnlineAdMag.
3. ‘We’, ‘our’ or ‘us’, means
OnlineAdMag.
Contract:
1. Contract is
made between OnlineAdMag (onlineadmag.com) (“us/we”) and the company,
firm, partnership or individual ordering any of service (“you/your”).
2. No variation of the terms of this contract however notified will be
effective unless accepted by us in writing (including email).
3. If
any of the information you give us changes (e.g. name, address,
telephone number, email, payment details), you must inform us promptly.
Payment & charges:
1. We will begin charging you
from the first day of the month following that in which the service is
provided and available for you to use.
2. You have to pay our charges
by the due date stated on our invoice. Nonpayment (or persistent late
payment) of our legitimate charges may result in suspension or
termination of your account without prior notice. You will still be
liable for charges during any period of suspension.
3. If payment is
not made by the due date, we may suspend or cancel the service and may
forward the debt to an external agency for collection.
Termination:
1. You may terminate this contract by giving us
notice at any time. Termination will be effective from the last day of
the period for which you have already paid or the last day of any other
agreed minimum period if later and you are liable to pay all charges up
to the effective date of termination. If you wish us to terminate the
contract part way through a period for which you have already paid, no
refund will be given for the remainder of the pre-paid period.
2.
Either of us can end this contract immediately on notice if the other:
(a) commits a material breach of this contract, which is capable of
remedy, and fails to remedy the breach within a reasonable time of a
written notice to do so; (b) commits a material breach of this contract
which cannot be remedied; (c) is repeatedly in breach of this contract;
or (d) is the subject of bankruptcy or insolvency proceedings, or an
arrangement with creditors is made, or a receiver or administrator is
appointed over any of their assets, or they go into liquidation.
3.
We can end this contract with immediate effect if we have previously
terminated your use of any service due to your breach of any terms of
this contract, including non-payment or persistent late payment of
invoice charges.
Matters beyond our reasonable control
1. If we cannot do what we have promised in this contract
because of something beyond our reasonable control, we will not be
liable for this. If this continues for more than 14 days, you can
terminate this contract by giving us written notice.
2. If your site
is hacked and something is posted which is not approved by either party
OnlineAdMag is not held accountable.
Our liability to you
1. We
have no liability (whether in negligence or otherwise) for any indirect
or consequential loss, nor for any loss of opportunity, goodwill,
reputation, business, revenue, profit, or savings you expected to make,
wasted expenditure or data (including but not limited to emails) being
lost or corrupted.
Changes to this contract
1. We may change this
contract, including our charges, at any time. Changes will be published
on this web page, and your continued use of the service constitutes
acceptance of changes. You can end this contract by giving us seven
days’ notice if we increase our charges or change the conditions of this
contract to your detriment.
Giving Notice
1. Any notice under this
contract must be given in writing which may include by email.
2. You
are responsible for checking the mail sent to the email address provided
by you as part of the service.
Waiver of rights
1. Neither of us
shall be considered to have waived any right under this contract because
of failure or delay in exercising that right.
Third party rights
1. A person who is not a party to this contract has no right under the
Contracts (Rights of Third Parties) Act 1999 to enforce any term of this
contract but this does not affect any right or remedy of a third party
which exists or is available apart from that Act.
General Terms & Conditions:
1. Quotes are valid for 28 days.
2. When a quote
has been accepted and a developed project approved by the client the
invoice must be paid within 14 days. The Project will be live when
client submit the payment.
3. We reserve the right to refuse to
construct a website that we may judge as unfit due to content or
otherwise. This includes, but is not limited by, sites containing adult
oriented material such as pornography, sites which promote hatred
towards persons belonging to any ethnic group, religion or sexual
orientation and sites which infringe copyright or are contrary to laws.
4. The acceptance of a quote either verbally, in writing or by email
shall be deemed as a contractual agreement between the client and us.
5. At project acceptance we can provide an estimated completion date,
however we cannot guarantee this date as a final completion date.
6.
Once a project has commenced it will be completed using the information,
data, text and images provided at project commencement or during the
design phase. Once the design process has been completed the project
will be presented to the client who may make any changes to design and
content he/she wishes.
7. All material, both text and images supplied
by the client and used in the construction of the client's web site,
will remain the client's property. All such material will be assumed to
be the property of the client and free to use without fear of breach of
copyright laws.
8. All content should be supplied using Microsoft
Word / Pdf / PNG / JPEG, print to be scanner or over email or on paper
handwritten.
Data Protection Act
1. We promise categorically not
to divulge any information you may supply us in confidence to any 3rd
party source.
RENEWALS:
1. All 12 month
contracts expire 12 months after the date that an order was placed. This
includes hosting, domain names, emails, Search Engine Optimization
(SEO), maintenance and other annual packages. If a customer wishes to
stop using our services after the agreed contract period it is their
responsibility to cancel any standing orders, otherwise OnlineAdMag will
continue to carry out the monthly work that was set out in the initial
order. OnlineAdMag will not give any refunds to customers who have
forgotten to cancel their standing orders.
Web Designing and Development:
1. You acknowledge that in providing a web design
service, we are not providing consultancy or any other advice in regard
to the information that you may choose to place on your web site.
2.
You may be asked to pay a deposit before work on your site begins.
Deposits are non-refundable.
3. If you cancel an order for web design
you will be required to pay us for any work undertaken up until the
point of cancellation if the value of work undertaken exceeds the
deposit paid.
4. You acknowledge that you are responsible for all
content included on your site. You are responsible for the material that
you or anyone else puts on your website(s). All websites must be for
legitimate purposes and material including links from your website(s) to
other websites must be lawful.
5. You are responsible for ensuring
that all necessary licenses and consents (including those from owners of
copyright, performing rights and other intellectual property rights)
have been obtained, and you agree to indemnify us against any action
commenced against us by any party as a result of infringement of any
licenses, consents or other rights.
6. Allocated web space is for use
by you only and cannot be used by a third party.
7. You must ensure
that all usernames and passwords provided by us are kept confidential,
secure and are used in accordance with relevant instructions. If you
suspect that any password is being, or is likely to be, used in an
unauthorized manner or if you think that any username or password has
become known by someone not authorized to use it, you must notify us
immediately.
8. Due to repairs, planned maintenance, upgrades or any
other operational reason we may need to temporarily suspend the service.
In this event, we will endeavor to provide you with as much notice as
possible.
9. We offer annually renewable packages of hosting and
updating service agreements which can be purchased as part of a package
or separately. These include hosting, content updating which comes in
website maintenance, search engine submissions, etc.
10. These
packages are quoted for either on application or at time of quoting for
a full project.
11. Hosting, support and updating services are
annually renewable, package start dates are based on when the package,
service or domain name is first registered and when the website goes
live.
12. We will register domain names with the internet
registration authorities and will pay registration and rental fees on
your behalf.
13. Domain names are registered on a first come first
served basis. Until you receive confirmation from us, there is no
guarantee that your request has been successful. We accept no liability
for unsuccessful domain name requests.
14. Charges for domain
registrations are non-refundable once a domain name has been registered.
15. For all domain name registrations you are entering into a contract
with one or more registration authorities and their terms and conditions
apply.
16. A domain name is registered for a minimum period of 1
year, after which time it will need to be repurchased. We will contact
you in advance of the renewal date to inform you if you wish to renew
before it expires.
17. Price of Domain name can increase anytime and
when you will renew your domain name then we will charge you according
to the new updated price.
18. You acknowledge that any dispute
arising out of the use of any domain name will be resolved by the
registration authorities.
19. Domain names will be registered to us
unless otherwise specified at the time of purchase.
20. If committed
in package then your free advertisement will be placed in the Offer and
Promotion Advertisement of your related category.
21. If committed
in package then a Free Logo for Your Website will be designed upon your
request, you will be given 3 options to choose from. You will be given
this logo for the website use only and will be published in your website
only.
22. Free Domain: If committed in package then we will register
your domain name of .com, .net, .org free for 1 year. After 1st year you
have to pay $20 for domain name. The price of domain name can change
without any prior notice. If you need to have any other domain extension
then the price will vary according to it and will be added in your
package.
23. Free Hosting: If committed in package then we will
provide you free hosting till 500MB for 1 year. After 1st year you have
to pay $20 for hosting. If your website will need more than 500MB
hosting space then you will be charge according to the space you get
extra. Prices of hosting can change without any prior notice.
24.
Wordpress Blog Installation: If committed in package then, we will just
install a Wordpress blog with a simple theme and we will give you 2
hours training for free of how to post things in it.
25. Search
Engine Submission: If committed in package then your site will be
submitted to top 3 search engines.
26. Customized Site Layout Design:
You need to fill a questioner in which you will be asked about the type
of colors, etc. for your site.
27. Product Photography: If you need
photography for your products, premises, personnel’s, etc. then it will
be charged separately.
28. Free Website Maintenance: If committed in
package then 1 month free service will be given in which you can update
information on website. It can be changes in text or images only.
29.
Technical Support: We will provide you 12 months technical support in
which we will look after your website. We will monitor it and keep your
website up with secure backup.
30. Free Social Media Marketing: If
committed in package then we will promote your website on our facebook
page, twitter and other social media sites 2 times for the 1st month
only.
31. Project Duration: It starts when we get complete data
content for your website from you. If you won't be able to provide us
all related things within a week after your order and payment you made
in advance, we will cancel your order and 50% advance will not be
refunded to you.
Search
Engine Optimization (SEO):
1. The customer will
provide OnlineAdMag with reasonable direct and remote access to its
website, and shall provide such other reasonable assistance as
OnlineAdMag may request, including, but not limited to, providing source
code and other statistical, diagnostic information and other relevant
information required to enable OnlineAdMag to comply with its
obligations under this agreement.
2. The customer shall not interfere
or disrupt the service.
3. OnlineAdMag shall be permitted to
subcontract or outsource any of the services or obligations under this
agreement.
4. OnlineAdMag will use reasonable efforts to provide
customers with the services in accordance with the estimated timeline
set out in the Order Form.
5. Where the service being provided
requires, OnlineAdMag will liaise with the relevant web agency, hosting
company or other third party in order to provide the services.
6.
OnlineAdMag not be liable for any act or omission by the relevant web
agency, hosting company or other third party, if such act or omission
results in OnlineAdMag breaching its obligations under this agreement.
7. OnlineAdMag will not make changes to or update a customer’s
website prior to written or verbal consent from the customer, stating
that OnlineAdMag have the right to make the agreed changes and the
customer, as the website owner, agrees to and takes full responsibility
for those changes being made.
8. We do not guarantee of ranking on
the top page of Google or any other search engine for any specific time
or period.
9. If stated on the Order Form OnlineAdMag shall provide
the link building services as specified on the website
(www.onlineadmag.com).
10. The number of links stated in the Order
Form is the number of links that OnlineAdMag will provide on the link
building report. The number is correct at the point at which the report
is generated and quality controlled, whereupon it will be emailed to the
customer.
11. OnlineAdMag offer no guarantee for the length of time
each link will remain live after the point at which it has been
confirmed and reported on the customer link report.
12. OnlineAdMag
shall be under no obligation to provide services in respect of:
I.
Problems resulting from any modifications or customization of the
domain.
II. Links that are removed by third parties.
III. Any
domains other than those specified on the Order Form.
13. The
services do not include:
I. The cost of any third party software
upgrades or web development which OnlineAdMag
Advises are required.
II. Any website, hosting or other technical support.
14. The services
shall commence on the commencement date and shall remain in force from
year to year thereafter, unless and until terminated by either party
giving 1 months’ notice expiring at any time after the end of the
initial term or otherwise in accordance with any other clause of this
contract.
15. The customer shall pay the Fees without set-off,
deduction or delay, monthly in advance in the manner specified in the
Payment Schedule.
16. No Services shall be provided until payment
has been received by OnlineAdMag.
17. OnlineAdMag shall be entitled
at any time, and from time to time, to increase the Fees to accord with
any change in OnlineAdMag’s standard scale of charges by giving to the
customer not less than [90] days’ prior written notice.
18. If
OnlineAdMag provide any services not included within the services at the
request of the
Customer then OnlineAdMag shall charge for the same at
its then current price and the Customer shall pay any invoice raised in
respect of the same within 30 days.
19. Time for payment of
OnlineAdMag’s invoices shall be of the essence of the Agreement.
20.
If the Customer fails to make payment in full on the due date, the whole
of the balance of the Fees then outstanding shall become immediately due
and payable and, without prejudice to any other right or remedy
available to OnlineAdMag.
21. OnlineAdMag may, at its sole
discretion, suspend the Services or terminate this Agreement if the
customer:
I. Fails to pay any sum due under this Agreement and such
sum remains unpaid for 14 days after written notice from OnlineAdMag
that such sum has not been paid.
II. Ceases to carry on business or
become insolvent, or have an administrator or receiver appointed or
enter into liquidation or enter into any agreement with its creditors;
or
III. Fails to fulfil any of its obligations under any part of this
or any other agreement that it has with OnlineAdMag; or
IV.
Interferes with or impairs the service, or OnlineAdMag’s ability to
deliver the services.
22. Termination of the Agreement, however
arising, shall not affect or prejudice the accrued rights of the parties
as at termination or the continuation of any provision expressly stated
to survive or implicitly surviving termination.
23. OnlineAdMag
shall:
I. Process the Personal Data only in accordance with
instructions from Customer;
II. Process the Personal Data only to the
extent, and in such manner, as is necessary for the provision of the
services.
III. Implement appropriate technical and organizational
measures to protect the Personal Data against unauthorized or unlawful
processing or loss, destruction, damage, alteration or disclosure; and
IV. Take reasonable steps to ensure the reliability and confidentiality
of any of Smart Traffic’s personnel who have access to the Personal
Data.
24. The following provisions set out the entire liability of
OnlineAdMag (including any liability for the acts or omissions of its
employees) to the Customer in respect of any breach of the agreement and
any representation, statement or tortious act or omission (including
negligence) arising out of or in connection with the Agreement.
25.
All warranties, conditions and other terms implied by statute or common
law are excluded from the Contract to the fullest extent permitted by
law.
26. Nothing in these conditions excludes or limits the liability
of OnlineAdMag for death or personal injury caused by OnlineAdMag’s
negligence or fraud or fraudulent misrepresentation.
27. Subject to:
I. OnlineAdMag shall not be liable for any loss of profits, loss of
business, depletion of goodwill or similar losses or for any special,
indirect or consequential loss, costs, damages, charges or expenses
howsoever arising; and
II. OnlineAdMag’s total liability in contract,
tort (including negligence or breach of statutory duty),
misrepresentation, restitution or otherwise, arising in connection with
the performance or contemplated performance of the Agreement shall be
limited to 200% of the total fees received by OnlineAdMag in the
calendar year in which the incident occurs.
28. OnlineAdMag will not
be liable for any links being removed by a third party.
29. All
materials, drawings, specifications and data supplied by OnlineAdMag to
the Customer shall at all times be and remain the exclusive property of
OnlineAdMag, but shall be held by the Customer in safe custody at its
own risk until returned to OnlineAdMag, and shall not be disposed of or
used other than in accordance with OnlineAdMag’s written instructions or
authorization. This condition shall survive termination of the
Agreement, however caused.
30. Any notice required to be given
pursuant to this Agreement shall be in writing and shall be delivered by
hand or sent by pre-paid post or recorded delivery post to the address
of the party as set out in these conditions, or by email to, in each
case, such other address as may be notified by one party to the other.
31. A notice delivered by hand is deemed to have been received when
delivered (or, if delivery is not in business hours, 9.00 am on the
first business day following delivery). A correctly addressed notice
sent by pre-paid post or recorded delivery post shall be deemed to have
been received at the time at which it would have been delivered in the
normal course of post. An e-mail shall be deemed to have been delivered
within 24 hours form the time of being sent, provided that no
“non-deliverable” notice is received by the sender.
32. OnlineAdMag
may modify this Agreement where it is required to do so, by notifying
the customer in writing and giving 30 days’ notice where possible. This
would include where changes to the law, rules applied by other
authorities which require OnlineAdMag to modify its procedures, policies
or services.
33. OnlineAdMag may at any time modify agreement for new
customers by publishing a new agreement on its website.
