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This page imparts details of the Terms and Conditions on which we
supply any of our Internet Marketing services, listed on our website at www.internetmarketingplatinum.com, to you. Please read these
Terms and Conditions carefully before ordering any Services from us. The company reserves the right to change these Terms and Conditions at any time. It is presumed that, if you choose to do business with us, you are aware of and have understood our Terms and Conditions as per any standard business transaction. You should understand that by
ordering any of our Services, you agree to be bound by these Terms and Conditions. You are free to retain a
copy of these Terms and Conditions for future reference. The company’s registered business address is Internet Marketing Platinum Ltd, BBIC, Innovation Way, Wilthorpe, Barnsley S75 1JL. If you have any queries please call our helpline on +44(0)114 358 2490. The company reserves the right the change these Terms and Conditions.
1. Interpretation And Definitions
1.1 In this agreement the following terms shall have the respective meanings assigned to them:
“Agreement” means these Terms and Conditions.
“Commencement Date” means the date of commencement of the Services as set out during the order process;
“Fees” means the amounts payable by the Customer for the Services provided by Internet Marketing Platinum Ltd;
“Force Majeure” means any act, event, omission or accident beyond reasonable control including but
not limited to Acts of God, fire, lightening, explosion, flood, extreme weather conditions, outbreak of
hostilities (whether war be declared or not), riot, civil disorder or commotion, acts of terrorism, industrial
disputes or acts or defaults of any local or central Government or other competent authority;
“Payment Schedule” means the agreed schedule of payments that the customer shall make to Internet Marketing Platinum Ltd for the Services forming part of these Terms and Conditions;
“The Service” means the services to be provided by Internet Marketing Platinum Ltd as specified during the order process;
1.2 The headings do not affect the interpretation of the Agreement.
1.3 Any reference to a party’s employees includes its agents and sub-contractors.
2. Application Of The Terms
2.1 These Terms and Conditions shall apply to and be incorporated in the Agreement.
2.2 No addition to, variation of, exclusion or attempted exclusion of any term of the Agreement shall be
binding on Us unless in writing and signed by a duly authorised representative of Internet Marketing Platinum Ltd.
2.3 If the Customer wishes to vary any part of the Agreement, the request shall be sent in writing to
Internet Marketing Platinum Ltd. Internet Marketing Platinum Ltd shall respond to the Customer within 5 days as to whether it is
prepared to agree to the change and, if so, details of the cost of the change, any effect on any other part of
the Agreement including any change in timescales. The Customer may accept such proposal within such
time as Internet Marketing Platinum Ltd may specify or, if none, within 7 days, failing which it shall be deemed rejected.
Pending acceptance or rejection Internet Marketing Platinum Ltd may continue to perform the Agreement without
reference to the request.
3. Contractual Terms
3.1 Any quotation is valid for a period of 14 days only, and Internet Marketing Platinum Ltd may withdraw it at any time by
notice to the Customer. Any quotation is given on the basis that no contract shall come into existence until
we dispatch an acknowledgement of order in accordance with clause 3.3.
3.2 Each order or acceptance of a quotation for Services by the Customer shall be deemed to be an offer
by the Customer subject to these conditions. The Customer shall ensure that its order is complete and
3.3 No order for Services placed by the Customer shall be deemed to be accepted by us until a written
acknowledgement (including email) is issued by us, or, if earlier, when Internet Marketing Platinum Ltd begins to provide
the Services to the Customer.
3.4 No agreement may be cancelled by the Customer, except with the agreement in writing of Internet Marketing Platinum Ltd
and provided that the Customer indemnifies Internet Marketing Platinum Ltd in full against all loss (including loss of
profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred
by Internet Marketing Platinum Ltd as a result of the cancellation.
3.5 Internet Marketing Platinum Ltd’s employees are not authorised to make any contractually binding representations
concerning the Services. In entering into the Agreement, the Customer acknowledges that it does not rely
on, and waives any claim for breach of, any such representations which have not been confirmed in writing
by an authorised officer of Internet Marketing Platinum Ltd.
4. Customer’s Obligations
4.1 The Customer will provide Internet Marketing Platinum Ltd with reasonable direct and remote access to its
website, and shall provide such other reasonable assistance as Internet Marketing Platinum Ltd may request,
including, but not limited to, providing source code and other statistical, diagnostic information and
other relevant information required to enable Internet Marketing Platinum Ltd to comply with its obligations under
4.2 The Customer shall comply with directions and advice from Internet Marketing Platinum Ltd within a reasonable
4.3 The Customer shall not interfere with or disrupt the Service.
5. Implementation Of Service
5.1. In consideration of the payment by the Customer of the Fees in accordance with clause 11
Internet Marketing Platinum Ltd shall provide the Services during the continuance of this Agreement.
5.2. Internet Marketing Platinum Ltd shall be permitted to subcontract or outsource any of the Services or obligations
under this Agreement.
5.3. When providing SMS Marketing services be aware that you or your clients/customers may receive charges from 3rd parties (i.e. mobile phone operators).
5.4. Late Fees – the company reserves the right (at our discretion) to charge a late fee of 8.5% above the Bank of England’s base rate if accounts fall overdue. We may also charge compensation on overdue amounts to the sums of:
Amount owed up to £999.99 – Compensation £40
£1000 to £9999.99 – Compensation £70
£10000 and over – Compensation £100
5.5. Refund Policy – all sales are final and due to the nature of our services all services are non-refundable.
5.6. Cancellation Policy – all contracts have a minimum notice period of 3 months. Where a minimum 6 month, 12 month or 24 month contract applies, clients are expected to provide at least 3 months notice of cancellation before the end of the term. For example, for a 6 month contract notice of cancellation can be given at the end of the 3rd month and on the 9th month of a 12 month contract. After the initial term (e.g. 6, 12, 24 months) the contract becomes a rolling 3 months contract. Additionally, cancellations are also subject to an additional £50 termination/disconnection charge. All cancellation requests must be provided in writing either by email or post or you will continue to be charged. Due to the unreliable nature of email/post please follow up with a further email, letter or phone call if you do not receive a confirmation of your cancellation. Internet Marketing Platinum Ltd reserves the right to terminate a client’s contract should our terms and conditions not be adhered to. Should payments be missed or fallen behind on we reserve the right to suspend or cancel a service and commence and charge the 3 months notice period.
Website Hosting Terms and Conditions
Illegal, obscene, adult, pirated, high bandwidth usage or hacker content or software is not allowed on our hosting or any other content that we deem unfit for our hosting including harassing, defamatory, abusive or threatening content. Fair usage limits apply. We reserve the right to limit, suspend or cancel our service. Spamming is strictly prohibited on our hosting. We cannot be held liable for any downtime, data loss or consequential damages that may be caused by our service.
1.1 In these conditions the following words have the following meanings:
Charges – means the charges shown on the Company’s website or in other published literature relating to the Services from time to time.
The Company – Internet Marketing Platinum Ltd.
Contract – any contract between the Company and the Customer in respect of the provision of Services by the Company to the Customer;
the Customer – means you, the person(s), firm, company or partnership with whom the Company enters into the Contract and for whom the Company has agreed to provide the Services in accordance with these conditions;
1.2 In these conditions references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
1.3 In these conditions references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
1.4 In these conditions headings will not affect the construction of these conditions.
APPLICATION OF TERMS
2.1 Subject to any variation under condition 2.3 the Contract will be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order, specification or other document).
2.2 No terms or conditions endorsed upon, delivered with or contained in documents supplied or delivered by the Customer will form part of the Contract simply as a result of such document being referred to in the Contract.
2.3 These conditions apply to all of the Services and any variation to these conditions and any representations about the Services shall have no effect unless expressly agreed in writing and signed by a director of the Company. Nothing in this condition will exclude or limit the Company’s liability for fraudulent misrepresentation.
SUPPLY OF SERVICES
3.1 The Company shall supply the Services to the Customer subject to these Conditions. Any changes or additions to the Services must be agreed in writing by the Company.
3.2 The Company shall supply the Services using all reasonable skill and care subject to the payment by the Customer of all Charges payable hereunder on the correct payment dates.
3.3 The Customer shall (at its own expense) supply to the Company all necessary documents and materials, and any other information relating to the provision of the Services as may be required by the Company in a timely manner in order to permit the Company to supply the Services as agreed. It is the responsibility of the Customer to ensure the accuracy and timely delivery of all Input Material.
3.4 The Company shall use its reasonable endeavours to supply the Services in a timely manner but cannot guarantee to do so and the Company accepts no liability whatsoever for failing to meet any such date.
3.5 The Company may at its sole discretion and without notifying the Customer make any change to the Services which are necessary to comply with any applicable statutory requirements, or which do not materially affect the quality or nature of the Services.
4.1 The Customer shall pay the Charges and any additional sums which are agreed between the Company and the Customer for the provision of the Services or which, at the Company’s sole discretion, are required to be paid by the Customer as a result of lack of instructions or failure to clarify instructions, the inaccuracy or late delivery of any Input Material or any other cause attributable to the Customer.
4.2 The Company reserves the right to alter its Charges from time to time at is sole discretion and any such changes will be notified via the Company’s website at www.internetmarketingplatinum.com .
4.3 All Charges are subject to VAT and any other applicable purchase tax, import and all other duties. Any failure by the Customer to pay the Charges on the date specified shall be deemed to be a material breach of these conditions. Time for payment shall be of the essence.
4.4 All Charges are payable in advance (whether disputed or not) or within 14 days of the date of the Company’s invoice. The Company reserves the right to suspend the provision of the Services to the Customer in the event of a non-payment of any over-due invoice (pro forma or otherwise).
4.5 If a credit or debit card is on the file with the Company, the Customer acknowledges that the Company will automatically take payment via the card in question 14 days from the date of the Company’s invoice. If payment is not possible via the aforementioned credit/debit card, for any reason whatsoever, the Company will inform the Customer in writing and the Customer acknowledges that the invoice (pro forma or otherwise) is to be paid via another means and that the Company reserves the right to pursue any outstanding invoice (pro forma or otherwise) through the appropriate legal channels.
4.6 The Company reserves the right to take a pre-authorisation amount prior to invoice, in respect of credit/debit cards in order to secure payment of the Charges. The Company also reserves the right to pre-authorise the nominal amount of £1 or €1 periodically, at its discretion in order to establish the validity of the credit/debit card. For the avoidance of doubt, the Company will only collect amounts falling due as detailed in this clause 4. All pre-authorisations of £1 or €1 taken by the Company will be allowed to expire.
4.7 If any payment is not made by the Customer on the due date, the Company shall be entitled, without limiting any other rights it may have:
4.7.1 to charge interest on the outstanding amount (both before and after any judgment) at a rate of 4% above the base rate from time to time of Barclays Bank PLC from the due date until the outstanding amount is paid in full and the Company may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 and may claim compensation charges pursuant to this legislation at the sole discretion of the Company; and/or
4.7.2 to terminate, discontinue or suspend the provision of all of the Services to the Customer until payment of the Charges is received in full.
4.8 In the event that this Contract is terminated prior to the end of the Term (or any period of Renewal), the Customer shall not be entitled to any refund (except at the sole discretion of the Company) of any of the Charges that are due or would become due in respect of the Services during the Term, which shall, if not paid in advance become due and payable in full on the date of termination.
4.9 As regards Charges in respect of Website Design services the Customer will pay to the Company an advance payment (the amount of which is at the sole discretion of the Company) prior to commencement of the provision of the Services. The aforementioned advance payment is non-refundable under any circumstances.
4.10 The Company will notify the Customer via e-mail once the Website is ready for population with Input Material and the Customer shall pay the balance of all monies due and owing to the Company in respect of Web Design services within 7 days from the date of the aforementioned notification.
4.11 In the event that balance payment referred to in clause 4.10 is not paid within the 7 day period, the Company reserves the right to take payment from any credit/debit card of the Customer as detailed in clause 4.5 and to suspend the Website until payment in full is received.
4.12 All Input Material must be supplied to the Company within 7 days of the notification referred to in clause 4.10. If the Input Material is not received by the Company within this period the Company shall be entitled, at its sole discretion to terminate the engagement and the Customer shall be responsible for all costs and expenses incurred by the Company up to and including the date of such termination.
4.13 Once the Input Material has been received by the Company and once the Website has been populated with such Input Material, the Company will notify the Customer and the Customer shall, within 7 days of the date of such notification inform the Company of any amendments or changes which it requires to the Website. The Customer will not be charged for such amendments and changes if these are deemed to be reasonable at the sole discretion of the Company. The Customer will, however, be liable to pay additional charges if the amendments or changes suggest are material to the concept of the Website or are deemed by the Company to be unreasonable. Any such additional charges will be at the sole discretion of the Company and shall be paid by the Customer within 7 days of notification of the same by the Company.
4.14 If the Company does not hold credit/debit card details in respect of the Customer from which to take the balance payment, the Company reserves the right to commence legal proceedings in respect of the same.
4.15 As regards Website design Customers the Company may, at its sole discretion offer said Customers the option of paying the Charges in a certain number of agreed stage payments. The amount and frequency of the stage payments will be at the sole discretion of the Company and shall be agreed between the Company and the Customer prior to the commencement of the provision of the Services.
4.16 Refunds may be given at the sole discretion of the Company.
5.1 The Customer retains all Intellectual Property Rights in the Input Material and grants to the Company a licence to use such Intellectual Property Rights to the extent required to perform the Services.
5.2 Intellectual Property Rights arising in connection with the performance of the Services by the Company shall be the property of the Company.
5.3 The Customer shall indemnify and hold harmless the Company against all damages, losses and expenses as a result of any action or claim that the Input Material, Domain Name or Website infringes the Intellectual Property Rights of a third party.
5.4 The ownership of the Intellectual Property Rights in any Website designed by the Company for the Customer shall remain the absolute property of the Company until it receives full payment of the Charges from the Customer. On receipt of the Charges (and only once funds have cleared) the Company shall transfer the Intellectual Property Rights in the aforementioned website to the Customer save as set out in clause 5.5 below.5.5 Notwithstanding the terms of clause 5.4, nothing in these terms and conditions shall prevent the Company from using and/or re-using the source code in respect of any website designed for a Customer in relation to the design of websites for other customers or for any other purpose whatsoever and for the avoidance of doubt, the Customer is expressly prohibited from using, downloading, re-engineering or any other activities relating to the source code in whole or in part without the express written permission of the Company.
6.1 The Company warrants to the Customer that the Services will be provided at all times using reasonable skill and care and it shall use its reasonable endeavours to act as a competent ISP (Internet Service Provider)
6.2 The Customer acknowledges that neither the Company, nor any other party has control over the Internet and service interruption may occur due to circumstances beyond the Company’s reasonable control. The Customer acknowledges that the Company shall not be liable in any way for any loss as a result of such Service interruptions regardless of their nature.
6.3 The Customer agrees that it is not possible for the Company to provide the Services 100% fault free. The Company reserves the right to disconnect availability of Internet access for the purpose of necessary or scheduled maintenance. Access to e-mail may also be adversely affected by conditions and performances outside the Company’s control. Whilst the Company will try to maintain the Services 24 hours a day, 7 days a week, the Company cannot guarantee to do so.
6.4 No other warranties or representations, expressed or implied are given by the Company and any implied warranties or representations are expressly excluded.
7.1 Nothing in these Conditions shall restrict or exclude either party’s liability for fraud, death or personal injury.
7.2 The Customer shall not be entitled to any liquidated compensation or refund payment for unavailability of or interruptions to the Service.
7.3 The Company shall not be liable to the Customer or to any third party in contract, tort or otherwise, for any direct or indirect loss of profit, anticipated savings, business, contracts revenue, time, goodwill or loss of or harm to data or other content or for any other indirect or consequential loss or damage.
7.4 The Company shall have no liability to the Customer in respect of 3rd party Internet criminal activity or in respect of billing, payment or other information that passes between the Company and the Customer over the Internet in relation to the provision of Services.
7.5 The Company’s total liability in contract, tort or otherwise (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the provision or performance of the Services shall be limited to the Charges paid by the Customer to the Company in the calendar year in which any such claim arises.
7.6 The Customer undertakes to indemnify and hold the Company (including its officers, agents and employees) harmless from and against all liabilities, actions, costs (including reasonable legal expenses) claims, expenses, demands and penalties suffered, or ordered or incurred by the Company as a result of any actions of the Customer including but not limited to in relation to the Services, the Domain Name and the Website.
DOMAIN NAME REGISTRATION
8.1 The Company makes no representations that any Domain Name(s), the Customer wishes to register are capable of being registered by or for the Customer. The Customer should therefore not assume registration of the requested Domain Name(s) until they have checked themselves that such Domain Name(s) have been officially registered. Any action taken by the Customer, before such registration, is at the Customer’s own risk.
8.2 The registration and use of any Domain Name(s) by the Customer is subject to the terms and conditions of use applied by the relevant naming authority. The Customer shall ensure that they are aware of those terms and conditions and that they comply with them. The Customer shall have no right to bring any claim against the Company in respect of refusal to register a Domain Name(s). Any third party charges paid or required to be paid in the provision of the Services shall (unless otherwise stated) be non-refundable, notwithstanding refusal by the naming authority to register the Customer’s desired name.
8.3 The Company shall have no liability in respect of the use by the Customer of any Domain Name(s). Any dispute between the Customer and any third party must be resolved between the parties concerned in such dispute and the Customer expressly agrees that it shall not involve or join the Company into any disputes or claims arising or threatened by third parties in respect of Domain Names. If any such dispute arises, the Company shall be entitled, at its discretion and without giving any reason, to withhold, suspend or cancel the Domain Name(s) registration. The Company shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
8.4 Although the Company will endeavour to inform the Customer of the pending renewal of their Domain Name(s), the final responsibility for such renewal is ultimately with the Customer and the Company shall not be liable for any loss incurred by the Customer and arising as a result of the Customer failing to renew its Domain Name(s) registration.
8.5 The Customer understands and agrees that registration, reservation and/or use of the Customer’s chosen Domain Name(s) does not confer immunity from objection by a third party to such registration, reservation or use.
8.6 The Domain Name(s) shall be registered by the Company for a maximum period of the Term subject to any Renewal.