Terms & Conditions

Our standard terms and conditions regarding optimization are details below. By placing an order with Digitrock, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions:
The Client: The company or individual requesting the services of Digitrock.

Digitock : Primary designer/site owner & employees or affiliates.

General
Digitrock will carry out work only where an agreement is provided either by email, telephone, mail or fax. Digitrock will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Digitrock and the client, this includes telephone and email agreements.

Website Design and Optimisation:
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Digitrock cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of Digitrock until all outstanding accounts are paid in full.

Any scripts, CGI applications, Php scripts, or software (unless specifically agreed) written by Digitrock remain the copyright of Digitrock and may only be commercially reproduced or resold with the permission of Digitrock.

Digitrock cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to the brief will be carried out at the discretion of Digitrock and where no charge is made by Digitrock for such additions, Digitrock accepts no responsibility to ensure such additions are error free and reserve the right to charge an amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to Digitrock all materials required to complete the site to the agreed standard and within the set deadline.

Digitrock will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Digitrock will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.

Digitrock will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

Digitrock will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.

Disclaimers and limitations of liability

Digitrock shall not be responsible for URLs dropped or excluded by a search engine for any reason.
Digitrock shall not be responsible for delays or failure of performance resulting from Internet Service Provider delivery problems or failure, or any communication or delivery problems associated with Client’s receipt of the Account Service data.
Digitrock shall not be responsible for acts or causes beyond their control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, power failures, earthquakes, or other disasters.
Digitrock does not represent or warrant that Customers’ URLs will achieve a favorable position, or any position, within a particular search engine.
Digitrock does not warrant or represent that the use or the results of the use of the materials available through the Digitrock Services or from third parties will be correct, accurate, timely, reliable or otherwise.
You expressly agree that use of the Digitrock Services provided hereunder is at your sole risk. These Services are provided on an “as is” and “as available” basis.
Digitrock expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
Notwithstanding the security precautions taken against disclosure of information, there are certain conditions that exist on the Internet generally which are outside Digitrock’ control and could result in a breach of security. Accordingly, Digitrock cannot guarantee that Your Account Service data information will be free from corruption or piracy.

You hereby expressly waive any claim against Digitrock arising out of the loss of data through corruption, piracy, breach of security or for any other reason that is not based on intentional or grossly negligent actions of Digitrock.

To the maximum extent allowed by law, Digitrock and any of their parents, members, subsidiaries, affiliates, service providers, licensors, officers, directors or employees shall not be liable for any direct, indirect, special, incidental or consequential damages (no matter how they arose, including negligence), or for interrupted communications, lost data or lost profits, arising out of or in connection with the Services provided hereunder. Further, Digitrock will not have any liability for any losses arising because the Digitrock Services are not operational or accessible. This section does not limit liability for bodily injury of a person.

Database, Application and E-Commerce Development:
Digitrock cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, CGI applications or software (unless specifically agreed) written by Digitrock remain the copyright of Digitrock and may only be commercially reproduced or resold with the permission of Digitrock.

Where applications or sites are developed on servers not recommended by Digitrock, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by Digitrock before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Digitrock will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief

Compatibility :
Digitrock will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 7 and to an acceptable level with Mozilla browsers. Digitrock can offer no guarantees of correct function with all browser software.

Website Hosting:
Whilst Digitrock recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Digitrock cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

Digitrock reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.

Payment of Accounts:
Unless stated to the contrary in the Agreement, all sums that are to be paid to Digitrock by the Customer shall be payable in advance. Interest may be charged by Digitrock from 30 days after the date on which the payment in question fell due to the date on which that payment (including all applicable Interest) is paid in full and Interest shall be charged on a daily basis with reference to a year consisting of 365 days and with all unpaid Interest compounded Monthly.

If accounts are not settled or Digitrock have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating.

Following consistent non-payment of an invoice, our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

Complaints Procedure:
Anyone who experiences a problem with the web service provided by Digitrock should raise the matter directly with one of the directors of Digitrock by email or letter, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

Digitrock will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Email Notifications:
Digitrock shall send the Customer the following information by email to the specified email address: (a) future changes to Digitrock’s charges or fees; and (b) any additional terms and conditions or changes to the way in which the Service shall be run. Digitrock shall give the Customer no less than 30 days prior notification of those changes.

Limitation of Liability:
Digitrock’s total liability to the Customer shall not exceed the aggregate of any sums paid to Digitrock by the Customer during the calendar year in which the applicable cause of action against Digitrock arose. Neither party shall be liable to the other for its failure to comply with its obligations under the Agreement caused by anything beyond its reasonable control.

Terms of Agreement and Termination:
The Agreement shall commence on the date of its execution and it shall last for the period agreed and paid for in advance. The Agreement may be terminated by either party, at any time, after giving 30 days’ written notice.

PPC Management:
Terms and Conditions
These following terms and conditions are in relation to Digitrock providing you with a service in relation to your Google Adwords account and expenditure and upon accepting these terms you accept that you are binding yourself legally to them.

1. From the date, we commence work the contract will then continue on a monthly basis automatically until 30 days notice is given. For this purpose, we assume that each month has exactly 30 days.

2. You agree to pay an agreed monthly management fee for Digitrock to manage your campaign for a minimum period of one month. This setup & management fee will be dependent upon the complexity of your campaign and agreed in advance at the proposal stage when our pricing structure will be clear and transparent. Digitrock does not receive any commissions from Google or any other search engine and does not add a markup to any prices charged to our clients from a search engine.

3. Payment for the implementation of your PPC campaign setup & optimization will be in advance of the campaign being activated and after you have agreed to your proposal and account set up the structure. Your monthly management fee will be invoiced 30 days later after work commences of each month and payment is on receipt of invoice.

4. Notice of cancellation of this agreement shall be deemed valid and accepted by Digitrock if received by facsimile, e-mail or post after the initial period. Cancellation will be accepted on date of actual receipt by Digitrock and will take effect at the end of that current thirty day period for which you will be charged at the normal rate applicable.

5. Whether Digitrock creates you a new Google Adwords account or has dual access to your current Google Adwords account, it is agreed that neither party can change the login details throughout the duration of the contract unless agreed in writing (e-mail, fax and post) by both parties.

6. Throughout the duration of the contract, you agree that any tools, coding, new keywords and any knowledge gained cannot be used in any other Google Adwords Account you may have, or create yourselves during the Term of this contract.

7. Digitrock agrees that during the contract and after termination of this agreement, all the financial details supplied to us by you for the purpose of our services will be kept confidential.

8. You agree that Digitrock can monitor your account after cancellation or expiry of agreement to make sure you are not using any tools, coding, new keywords and any knowledge gained for the financial benefit of another third party. If another party takes over your account management Digitrock reserves the right to remove any unique techniques implemented in our account structure at the setup stage.

9. Each of these terms, (above), are essential to us providing a service to you, our client. If any one of these terms is breached throughout the duration of the contract Digitrock reserves the right to terminate the contract with immediate effect.