Terms and Conditions

Please read the terms and conditions of the contract before placing any orders. This is a legally binding contact, and by either depositing the initial payment or by completing the online order form you understand the terms and conditions as outlined here, by email or verbal confirmation, you are legally bound to this contract. A signature or hard copy is not required. By using our services in any way, you agree to and accept these Terms, our Privacy Notice, and any other legal notices or guidelines. If you are using our services for an organisation, you are agreeing to these Terms on behalf of that organisation. If you do not agree to these Terms, do not use the service. We may, from time to time, change this agreement. We will post a copy of the changed agreement on the terms and conditions page of this site. Your continued use of the service constitutes your agreement to abide by this agreement as changed. Any breach of this agreement may result in termination of your access to the service, without notice, in addition to the other remedies available to this website.

Within this document [you] refers to the company you represent, and [us, we] refers to Fresh SEM.

These terms and conditions apply to all aspects of the services Fresh SEM provides, including but not limited to: website and application design and development; graphic design; digital marketing and hosting.

Summary

It is our priority to fulfil your needs and meet your project goals, but it is important to outline a contract so that both parties know exactly what is agreed between us and you.

We have no desire to mislead our customers, and in this contract you won't find complicated legal clauses or pages of illegible text, just the facts. We want to ensure legal safety for both parties now, and at any time in the future. Agreeing to our terms and conditions means that you are hiring us to complete your project and agree to any costs that are stipulated, including any deposits, retainer payments, scheduled payments and final payments, as well as any agreed recurring payments.

What's the agreement?

As a customer of Fresh SEM you have the ability to enter into this contract on behalf of your company or organisation. You agree to provide us with any information that is needed to complete the required work. This includes any content, imagery, and anything else that is required by our team for any project type. You agree to review the project throughout each stage, and provide approval in a timely manner.

You agree to the payment terms outlined by your sales adviser, and a retaining payment is usually required in order to commence any work. Projects will not go live without your authorisation. We provide as many revisions as needed to ensure you are completely happy with your project, and then we require final payment once we have completed our work. Any monthly fee agreed is to be paid one month upfront once the project is complete and you are ready to go live.

Monthly or recurring payments are to be made by direct debit on the agreed date. If a payment is missed you will experience a loss of service, we will endeavour to resolve any issues quickly and efficiently, giving adequate notice and timely correspondence. In order to re-instate your service, any missing balance may be required (depending on your agreement) and your direct debit must be re-instated. If contact cannot be made, the direct debit is not reinstated, and subsequent money owed is not paid, your service will expire. You may be liable for any monies outstanding depending on your payment terms, and resuming of service will be made once all outstanding payments are made.

We do not accept any liability for any potential loss of earnings if once live, your service has to be taken off-line for any maintenance related issues, server problems, or missed payments from you.

We will not accept any responsibility for missed deadlines or pre-determined launch dates, including if there has been any delay in supplying us with any information that we request at any stage, any additional work or any last minute changes.

We will not accept any responsibility or liability for any potential loss of earnings or damages due to your service not being live or functional. This includes any launch deadlines that have been missed for any reason whatsoever, be it the fault of Fresh SEM or you, or if your site is down for any reason.

All information provided to us will be held in the strictest of confidence, and we adhere to the data protection act 1998. We can sign NDAs if required, and take the handling of any sensitive material very seriously.

Protecting Copyrights And Other Intellectual Property

We respect the intellectual property of others, and require that our users do the same. No copies of this website or any portions thereof may be made by you or any person under your authority or control. You agree that you will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the content, or any part thereof, or share your rights under these terms and conditions, including passwords and email addresses.

Further, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service in any way that affects a user's experience, and not to use any data mining, data gathering or extraction methods. Also you agree that you will not disassemble, decompile, convert to another programming language, or otherwise translate the content. You will be held legally responsible for any trademark or copyright infringement that is caused or encouraged by your failure to abide by the terms of this license agreement. Fresh SEM reserves the right to deny access to any person or to terminate this license for any reason if Fresh SEM reasonably believes that is not being used for its intended purpose, or for any other reason in the sole discretion of Fresh SEM, at any time without notes.

Website Design

We will design and build your website, including customised graphics, site layout, functionality and navigation. Upon entering this contract, we will provide one main design with unlimited revisions until you are 100% satisfied with the outcome. Once the final design is approved and a payment plan for any monthly payment terms has been set up, the site will be live within 24 hours.

Throughout the design and build process of your website, you will receive a preview link, allowing you private access to browse around the work that we have completed so far. Design changes can be made at any stage of the build. Any additional functionality required outside of the original brief or remit may be subject to extra costs. This must be discussed with your project manager/sales adviser.

Our sites are all tested in the latest versions of all mainstream web browsers, including Safari, Firefox, Google Chrome, Internet Explorer and Opera. Additionally, we ensure they are compatible with every future operating system release.

A mobile friendly version of your website can also be created if you so wish, which works on both Apple and Android platforms for smartphones and tablets including the iPhone, HTC, Samsung Galaxy, iPad and Kindle. This may be subject to extra costs.

Website hosting, support and maintenance

All websites built on our own unique platform by Fresh SEM must be hosted on our servers, meaning sites cannot be transferred. This is mandatory and non-negotiable, and there are no exceptions under any circumstances whatsoever. Sites cannot be transferred to another platform or a third party hosting service.

All websites built on third party platforms such as Wordpress must be hosted on our servers to ensure reliability and for our developers to retain control should you need support. To transfer your site to another host waivers all responsibility by Fresh SEM, and we cannot guarantee the functionality of your site. Transfers of websites built on third party platforms are subject to additional cost at a flat rate of £749. There may be additional costs for any associated support for file transfers.

Our monthly hosting, support and maintenance packages provides you with a dedicated and secure hosting service, with support from us for any technical issues you may have with your site, as well as constant maintenance to ensure maximum up-time of your site. We do this to ensure you get the most out of your website and can resolve any issues or make updates immediately.

The minimum hosting, support and maintenance package term is 24 months. After that period the contract is ongoing. If you cancel your hosting package for any reason, after or before this period, the website will be taken down, and remain on our platform for 6 months. After that period the website will be permanently deleted. It will not be possible to re-instate the site after that eventuality.

If you wish to cancel your hosting, support and maintenance package before the 24 month contract is completed, the remaining balance of the term of the contract must be paid in full.

When you purchase any hosting, support and maintenance package, you consent to our third party service provider storing your payment card information and you authorise us to charge you the agreed monthly fee at the specified date for use of the Services to the payment card/bank account you provide, and you will reimburse us for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorise us to continue billing you and you will remain responsible for any uncollected Fees.

Text/written content

Any text that appears in your project, either written by us or you/your company, is published entirely as your responsibility, both from a copyright and a SEO point of view. All text must be proof-read by you, any spelling or grammatical mistakes can be rectified, but is not the responsibility of us. Minor text changes can usually be done straight away without charge.

Any illegal content, such as libel text, slander, defamation of character or anything of such nature, is not the responsibility of Fresh SEM and we will not be held liable for such content. Any text supplied to us by either you, your company, or a representative of your company, is still your responsibility, even if we place the content on your behalf.

Imagery/photography

All imagery and photography should be supplied to us in digital format, at no less than 72dpi.

Any imagery that appears on your site, either supplied by us or you/your company, is published entirely as your responsibility, both from a copyright and a SEO point of view.

Any illegal content, such as copyrighted or illicit imagery, is not the responsibility of Fresh SEM and we will not be held liable for such content. Any content placed on your website using the content management system by you or a nominated administrator is not the responsibility of Fresh SEM. Any imagery supplied to us by either you, your company, or a representative of your company, is still your responsibility, even if we place the content on your behalf.

We may place imagery on your website at the design and build stage, but this is intended purely as temporary place holders to demonstrate where images can be placed for layout purposes. It is your responsibility to replace these images or provide replacement images for us to replace for you. If these temporary images are not replaced, any copyright infringement is not the responsibility of Fresh SEM.

Domain names

Whilst we can purchase domains on your behalf, make transfers to different hosting platforms/suppliers, assist with pointing a domain to your new website, and any other manner of work to help you out, the domain name is entirely your responsibility. If there is a problem with a third party domain that we cannot rectify, this must be resolved by you. Delays caused by any domain name issues are not our responsibility, and as such we will not be held liable for any domain issues that inhibit or delay a website launch, or cause future problems.

We can purchase a domain name on your behalf, or if you already own a domain name, we will provide the DNS settings to allow your domain to point to your new site, located and hosted on our server. We will provide full support with this.

If you have a domain on your own domain registrant account, we can log in on your behalf and perform any technical task you wish, this may incur charges for our time, and we are not responsible for your account. Any passwords and log in details you provide will not be saved or stored, this is for security reasons.

Technical support

Hosting is provided by Fresh SEM using 3rd party professional global servers and is managed and maintained in-house. This way we can ensure consistent uptime, and address and resolve any server issues ourselves, immediately. Support is offered via telephone and email, and we handle requests usually within 24hrs on working days.

Backups

Because of the live nature of the CMS, an automated backup system is not available. A manual backup of your site can be made however, and used to restore your site at any time in the future. All requests for a manual backup must be made via email with 48 hours notice. There may be a charge for this service. Manual backups will sit on the server for 6 months unless otherwise agreed, and are solely for the purposes of a site restoration - it cannot be transferred, moved to another platform, or externally transferred in any way whatsoever. A site restoration can only be made if a backup has been requested and paid for (if applicable). Once a site is restored, it will entirely revert to the exact state of when it was backed up, any changes made after the backup was made will be lost.

Content management system (CMS)

Our in-house websites come with content management functionality, giving you the user access to amend, update and change your site. Training can be provided via a face to face meeting, over the telephone or via email, a training fee may be applicable. A concise guide is available to all clients on our website for free. Once you make changes to your website yourself, it is then completely your responsibility. If any problems occur, critical errors are made, or any instance where something is deleted or altered beyond repair, Fresh SEM will try to help resolve the problem to the best of our ability, but there may be charges incurred for this service. Fresh SEM will not be held liable for mistakes made by you, but we will endeavour to help in any way we can. We do not allow third party access to the CMS of our client's websites. We do not allow client access or third party access to the HTML and CSS markup of the website via the CMS, FTP, or via any other means.

Search Engine Optimisation (SEO)

SEO packages must be paid for one month in advance at the agreed rate, and a commitment of 3 months is recommended. Whilst we endeavour to achieve the very best results and aim to have your site ranking in the top 3 search results of Google within 3 months, Fresh SEM can not guarantee positions, rankings or results. We do guarantee the schedule of work will be completed.

Legal

We cannot guarantee that the functionality of your service will always be error free. Hosting may also incur downtime after any update or maintenance, but this is very rare. Also deadlines may be missed for various reasons, and whether the fault of us or you, Fresh SEM will not be liable for any first party or third party damages, including loss of profit or any other incidental, consequential, or special damages arising out of the operation of or inability to access your services, even if you have advised us of the possibilities of such damages.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

For any projects that require any gambling and betting, regulations compliance is solely the responsibility of you and not Fresh SEM or its developers.

For any services that involve the storage of member's or user's details, you must be fully GDPR compliant and provide us with your terms and conditions.

Copyright

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide to Fresh SEM for any service are either owned by you, or that you have permission to use them. When initial payment is made, copyright is automatically assigned as follows: Fresh SEM own the graphics and other visual elements that we create. Files may be provided to you for work outside of the website for an additional fee. Fresh SEM own the XHTML markup, CSS and other code and we license it to you for use on only the assigned service. If you wish to discontinue your service, we retain ownership of everything detailed above.

We also reserve the right to display and link to your project as part of our portfolio and to write about the project on web sites, in magazine articles and in books if we do so wish, any such marketing would be great exposure for you, but if you do not wish for it to appear in public for any reason, please let us know.

All websites we create have the Fresh SEM logo displayed at the footer of your site, or some relevant text about our services, linking back to our site. This can be removed for a fee.

Website hosting Payments

Any agreed monthly fees are to be paid on the agreed day of every month, in full, via direct debit through our payment platform. Payment instructions are sent to you via email.

Any monthly contracts are legally bound for 24 months. After the initial 12 months, the option for a free re-design is available to all customers. Upon agreeing to this re-design, the contract will automatically re-commence, binding the contract for a further 24 months. This can continue indefinitely, for as long as you wish. If you wish to terminate your contract for any reason whatsoever, then payment will be required for the remainder of the contract term.

Deposits, retainers and any further payments are non-refundable under any circumstances.

Our minimum monthly contract term agreement is 24 months. Some of the features within our services require payment of fees, as described for each service. If you sign up for these features, you must pay all applicable fees. We reserve the right to change our prices and/or bundle certain parts of the service together for pricing purposes, and may do so at any time.

At the end of the contract term, your contract will automatically continue on a rolling monthly basis, and your preferred payment method will be charged accordingly.

Transference of third party services

If you wish to move your service away from Fresh SEM, administration fees will be applicable for the transference of third party services including domain names and any other associated third party services relating to SEO, PPC, or any other Google services including but not limited to Web Master tools, Analytics, Business Pages, Tags, and so on, that are under Fresh SEM's control or ownership.

If Fresh SEM manage your domains and emails, transference of these services to a third party away from us will incur charges.

Final notes

The contract is non-transferable to any other third party. This contract is a legal document under the court of law, and upon commitment to us whether verbal, written or electronically transmitted, you agree to this contract. Upon commencement with us for any project or service, you automatically agree to these terms and conditions. Written consent or a signature is not required.

Any special circumstances or arrangements must be stated in the contract agreement stage in writing and authorised by us.

To avoid fraudulent activities or security threats, instructions from third parties acting on your (the client's) behalf will not be acknowledged. Any domain transference request, login detail requests, password reset requests, content changes, access to the CMS or HTML must come directly from the client's registered email address, and security protocols will be followed. This is for the safety of all of our clients websites.

By commissioning Fresh SEM for any work means you have read and agreed to our terms and conditions. A signature is not required. Acceptance of these terms and conditions is assumed under the following circumstances: via verbal communication, email confirmation, by paying your deposit, or by any other way instructing us to begin the project.

SEO TERMS & CONDITIONS

SEO rankings disclaimer

Fresh SEM have years of local and national SEO experience, and whilst every effort is made, we cannot 100% guarantee SEO results, we can however guarantee to perform the complete schedule of work promised in order to give you the very best chance of reaching your desired positions. This exact schedule of work is our secret recipe to our success, and accordingly it shall never be disclosed. We can provide a brief outline of the range of activities that take place within this workflow under certain circumstances, but we are not legally obliged to do so. You will be briefed on the general process at the initial stages of your SEO campaign.

Whilst we may indicate the results we can expect to see, we cannot make any promise of results in terms of the placement for specific keywords. We will make our predictions based on our market conditions and competitor analysis, but we do not control the search engine results – only search engines control these.

We work to the current industry standards for SEO, and stay up to date with the latest algorithms and updates from Google. It is vital that we maintain constant updates on your campaign because of these changes in the ranking criteria that search engines make. Our SEO services are 100% white hat, and we do not employ any illegal or damaging tactics that can hard your website.

Once a successful campaign is completed and top ranking positions are achieved, it is imperative that ongoing SEO work is carried out. Once your website reaches the top of a search engine, it can slip down if a sustained plan is not put in place, we therefore cannot guarantee that your website will remain in the search engine ranking position (SERP) we achieve.

Whilst an initial budget may be agreed, volatile market conditions and competition increases may mean that the spend would need to increase in order to successfully manage your campaign. This will be fully discussed with you, and is a very rare occurrence.

We can also make no guarantees to website traffic results and sales/monetary profit as a result of website traffic or keyword ranking. The performance of your website is in no way affiliated to any SEO campaign we run for you. We will of course look for ways to improve traffic amounts/click through rates/purchases/bookings etc as part of our consultancy service, and have guided hundreds of companies towards online success.

Payment terms

The first instalment of the agreed monthly fee is required upfront before any SEO work can commence. Subsequent payments are then required one month on from the start date. A minimum commitment of 6 months is recommended for most campaigns but not mandatory. A rolling contract automatically applies, and remains in place throughout the campaign. SEO campaigns can cease at any time, and a mandatory 1 month notice period must be given. ​

If your account is in arrears or payments are missed and SEO work has been completed, or your campaign has been continued, your website may be taken down until the account balance is settled. Any downtime due to non-payment which results in detrimental ranking and lower positions of your keywords and website placement, as well as SEO score drops, is not the responsibility of Fresh SEM. Once the account balance is settled or an agreement is made, your website will be fully re-instated and the SEO campaign will continue.

ECOMMERCE TERMS & CONDITIONS

All of the above terms and conditions apply, in addition to these specific terms and conditions for eCommerce sites.

Some of our Services and offer you the opportunity to sell goods and services through sites hosted or designed by us (such goods and services, “Commercial Products”). We are merely providing the platform for buyers and sellers to conduct transactions for these Commercial Products.

When a buyer purchases Commercial Products, payments will be processed through third party payment service providers. Buyers of Commercial Products will be provided a notice when entering their payment information directing them to the third party payment service provider’s terms of service and privacy policy. These payment services are governed solely by the third party provider’s terms of service and privacy policy. We are not responsible for the actions of these third party service providers. In addition to the other rules and requirements described in these Terms, you must follow the rules listed below when offering and selling Commercial Products. You also agree to comply with any and all local, state, federal, or foreign laws and regulations including commerce or other sales laws that exist in the country where you are selling or to where you are sending your goods or services, including those laws that may restrict the types of products or goods you sell and to whom you sell them.

YOU WILL NOT:
offer or sell any Commercial Products that:

1.   are illegal or potentially illegal, including those that are counterfeited, stolen, restricted because of historical significance, or fraudulent. Commercial Products sold using the Services must comply with all applicable laws, including Commercial Products sold to individuals outside of the UK;

2.   infringe or have the potential to infringe the intellectual property or privacy rights of another or that may be libelous, slanderous, or otherwise defamatory;

3.   we determine, in our discretion, are inappropriate, offensive, pornographic, sexually explicit, or violent; or

4.   are manufactured as, or primarily intended to be used as, weapons, including firearms, restricted devices, or ammunition. We reserve the right to determine, in our sole discretion, whether Commercial Products constitutes “weapons” for purposes of these Terms.​

Affiliate Program

By registering and joining our Affiliate Program, you confirm that you have read the Terms, that you accept them and agree to be legally bound by them. If you register to Affiliate Program on behalf of an organization, you agree to the Terms on behalf of that organization and warrant that you have the authorization and / or authority to agree to these Terms on such organization‘s behalf. You are advised to carefully read the Terms before registering to join the Affiliate Program. Fresh SEM reserves the right to amend the Terms at any time. In case Fresh SEM makes any material changes to the Terms, we will post their updated version on our website.

Overview

Joining our Affiliate Program enables you to earn commission fees for Subscriptions, subject to these Terms. After registering to our Affiliate Program, you will be provided with an affiliate link (hereinafter – “affiliate link”) to share at websites owned or controlled by you, in emails sent by you and in online advertisements. A user, entering Fresh SEM website using your affiliate link will receive a browser cookie for a duration of 30 days. You will be eligible for commission fees for all users subscribing to Fresh SEM services while the user‘s cookie is still valid. If a user is not using cookies, the user deletes the cookie, the cookie expires, cannot be tracked or identified for any reason, you may not be eligible for a commission fee for any subscriptions made by such user.

Affiliate Obligations

Under these Terms, you are:

1.   Solely responsible for the development, operation, and maintenance of your website or other affiliate link distribution channels, as well as all content on or linked to them;

2.   Obliged to disclose commercial relationship between you or your website and Fresh SEM by clearly identifying advertising and paid promotions;

3.   Obliged to make sure that your website or other affiliate link distribution channels does not copy or resemble the look of Fresh SEM website or create the impression that your website or other affiliate link distribution channels is endorsed by Fresh SEM or its clients, unless expressly authorized by Fresh SEM

4.   Obliged to Comply with all obligations, requirements and restrictions under these Terms and laws, rules and regulations as they relate to your business, your website or other affiliate link distribution channels or your use of the affiliate links;

5.   Obliged to, at all times, prominently post and make available to end-users, including prior to the collection of any personally identifiable information, a privacy policy in compliance with all applicable laws that clearly and thoroughly discloses all information collection, use and sharing practices;

6.   Obliged to obtain informed, unambiguous and freely given consents from end-users, if necessary in accordance with applicable law, for the use of cookies and/or the collection of end-user information.

Prohibited Uses

Under these Terms, you are not allowed to:

1.   Breach any of your obligations under these Terms or any applicable law;

2.   Use the Affiliate Program to in any manner harm and/or damage Fresh SEM or any third party (person or organization);

3.   Damage, breach, impair, disable, corrupt or otherwise harm the Affiliate Program, Fresh SEM website or services;

4.   In any way alter, copy, modify, imitate, create derivative works or otherwise breach the trademarks, logo or other proprietary information owned by Fresh SEM or other intellectual property of Fresh SEM or its affiliates;

5.   Use your affiliate link to order Subscriptions for yourself or your affiliated companies;

6.   Use the Affiliate Program, your affiliate link and/or Fresh SEM brand in general in any way other than for their original intended purpose of promoting Fresh SEM services, including, but not limited to using Black Hat SEO techniques, using pay-per-click to redirect or manipulate traffic, or other similar means;

7.   Place your affiliate links on any website containing unlawful, illegal, harmful, ethically unacceptable content;

8.   Create and promote a content which is in any way deceptive, misleading and does not represent actual and accurate operations of the Fresh SEM services;

9.   Distribute the affiliate link in a way that could be considered as unsolicited commercial email or any other type of affiliate link distribution that could be considered spam under any applicable law;

10.   Use any possible means to exceed your permitted access to the Affiliate Program, commit fraud, violate any applicable law, interfere with other affiliates, use cookie-stuffing or falsify information related to successful subscriptions brought by you via the Affiliate Program or the generation of commissions;

11.   Make any representations, warranties or other statements concerning Fresh SEM or any of their respective products or services, unless expressly authorized.

We reserve the right to suspend and/or permanently close your Affiliate Program account if we find or suspect that you have acted in any of the manners set out above.

Confidentiality

Unless these Terms provide otherwise, information related to the Affiliate Program conditions, all business and financial information, pricing and sales information related to us or any of our affiliates is to be considered strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Affiliate Program.

Intellectual Property

By registering for and joining the Affiliate Program, you are granted a non-exclusive, non-transferable, at all times revocable right to use the affiliate links and to access our website in accordance with these Terms and for the single purpose of your participation in the Affiliate Program. Nothing in these Terms is intended to grant you any rights to any of Fresh SEM‘s trademarks, trade secrets, copyrights, patents or other intellectual property.

Limitation of Liability

By registering and participating in the affiliate program, you expressly agree that neither Fresh SEM, nor its employees, officers, executives, licensors, agents, shareholders, subsidiaries or affiliates will be liable for any damages (either direct, indirect, incidental, special, consequential or exemplary damages), resulting from your use of the affiliate program or any other claim related in any way to the affiliate program. regardless, the total liability of fresh sem to you shall not, in any event, exceed the amount paid to you under these terms.

Dispute Resolution

All disputes and claims shall be resolved by negotiations. If negotiations fail to resolve the dispute or claim for 30 (thirty) days, such dispute or claim shall be finally resolved through the judicial procedure at the competent court of law.

Close

Login



Forgot your password? Click Here
Close

Reset Password