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Terms & Conditions for Search Engine Optimisation Services

The Free evaluation of your website offer.

a. KSDM will evaluate your website based on our criteria of SEO and write a report based on our findings. The report will be sent via second class recorded delivery , addressed to the person who completed the form, to the address provided in the form.

b. You are required to complete all the compulsory fields, indicated by an *, in the contact form. Failure to do so will invalidate this offer.

c. You are required to verify that you own the website being evaluated and have permission to make changes. Failure to do so will invalidate this offer.

d. A telephone conversation maybe require to determine further information about your business and its goals.

e. This special offer is subject to availability of time and does not need to be completed within a specific time frame.

f. KSDM reserves the right to withdraw this offer at anytime, without notice.

g. Once you receive your report, you are under no obligation to make a purchase.

h. If you do decide to purchase one of our SEO packages, then the following terms and conditions will apply and you will be legally bound by them.

i. You must explicitly agree to all the below terms and conditions when you purchase a SEO package.


The legal stuff

1. In these terms and conditions, the "Company" means Kacper Saar’s Digital Media (Sole Trader) here after referred to as KSDM and the "Client" means the person or entity which has agreed to purchase SEO services from the Company. The "Work" means the work that is selected when a SEO package is chosen (see clause 3) and the "Agreement" means the overall agreement between the Company and the Client in relation to the Work including these terms and conditions ("Conditions") and the Client Agreement. These conditions may be updated by us from time to time and we will notify you of the changes within a reasonable time.

2.  These Conditions take precedence over each conflicting term and condition which may be put forward by the Client at any time. These Conditions are available on the KSDM website at all times and should be viewed by the Client prior to entering into the Contract. Upon entering into the Contract, the Client confirms that it has read these Conditions and accepts them in their entirety.

3. The Client and KSDM have agreed the basic scope and nature of the Work by selecting one of the SEO packages offered by KSDM. The scope of the work is defined in each package and is measured in hours of work required.

3.1 Bronze SEO Package: 6 (Six) Keywords or Phrases, Link Building, Competitor Evaluation, Online Marketing, Reporting every six weeks, Analysis every four months, Listings in free directories.
3.1.1 This package costs £147.00 per month including VAT.
3.1.2 This package includes four (4) hours of work per month.
3.1.3 This package is subject to a minimum 12 (Twelve) month contract. See Condition 7 for details.

3.2 Silver SEO Package: 12 (Twelve) Keywords or Phrases, Link Building, Competitor Evaluation, Online Marketing, Monthly Reporting,
Quarterly Analysis, Listings in free directories.
3.2.1 This package costs £297.00 per month including VAT.
3.2.2 This package includes eight (8) hours of work per month.
3.2.3 This package is subject to a minimum 12 (Twelve) month contract. See Condition 7 for details.

3.3 Gold SEO Package: 24 (Twenty four) Keywords or Phrases, Link Building, Competitor Analysis, Online Marketing, Fortnightly Reporting, Quarterly Analysis, Listings in free directories.
3.3.1 This package costs £597.00 per month including VAT.
3.3.2 This package includes sixteen (16) hours of work per month.
3.3.3 This package is subject to a minimum 12 (Twelve) month contract. See Condition 7 for details.

3.4 Platinum SEO Package: 50 (Fifty) Keywords or Phrases, Link Building, Competitor Analysis, Online Marketing, Weekly Reporting, Monthly Analysis , Listings in free directories.
3.4.1 This package costs £1197.00 per month including VAT.
3.4.2 This package includes thirty two (32) hours of work per month.
3.4.3 This package is subject to a minimum 12 (Twelve) month contract. See Condition 7 for details.

3.5 Additional work maybe purchased by the client at a rate of £37.00 per hour including VAT, subject to availability.

4.  KSDM requires the right to control and amend any content on the clients Website including text, images, animations, video etc. and shall have permissions to add, delete and remove, without advance notice, any information deemed by KSDM as illegal, tortious, false, misleading, fraudulent, libelous, immoral, offensive or otherwise not in conformity with the policies and style of the company. The Client acknowledges that KSDM may unilaterally write or re-write content as is deemed necessary for the progression of the SEO campaign.

5.  Although KSDM shall write the content and create links to and from the clients Website, KSDM disclaims the accuracy of this content. The Client agrees to check all information before publishing and is solely responsible for the content of their Website and the accuracy of all information provided therein.

6.  The Client grants to KSDM an indefinite, irrevocable, royalty-free, unrestricted right to use, transfer, modify and maintain content prepared by KSDM on the Website. The Client represents and warrants that: (a) the use, as contemplated by the Contract, of the material supplied by the Client shall not infringe any copyright, trademark, trade secret or other third party proprietary right; (b) such material is not blasphemous, offensive or defamatory or in any other way illegal; and (c) there is no impediment to the Client's performance of its obligations hereunder.

6.1  The Client shall indemnify KSDM and keep KSDM at all times fully indemnified from and against all actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision the legal costs of KSDM on a solicitor and own client basis) and other liabilities however arising directly or indirectly as a result of any breach or non-performance by the Client of any Client's undertakings, covenants, warranties or obligations under the Contract.

7. All SEO packages are subject to a minimum 12 (Twelve) month contract, commencing on the day the contract is entered into.
7.1 The client may upgrade their SEO package to one of higher value at anytime during the contract.
7.2 The client cannot downgrade their SEO package to one of lower value during the duration of the contract.

8.  The Client acknowledges and agrees that KSDM may provide websites to other persons or businesses including those in the same or similar line of business as the Client.

9.1  The Contract may be terminated by KSDM giving to the Client one month's prior written notice.

9.2  The Contract may be terminated forthwith by KSDM giving written notice to the Client if:

9.2.1  the Client fails by the due date to pay any of the Charges set out in the Order Form or any other fees payable in accordance with the provisions of the Contract;

9.2.2  the Client commits any material breach of any terms of the Contract or fails to perform any material obligations on its part under the Contract;

9.2.3  a voluntary agreement is approved, or an administration order is made, or a receiver, liquidator or administrative receiver is appointed over or in respect of any of the Client's assets or undertaking or a resolution or petition to wind up the Client is passed or presented (other than for the purpose of amalgamation or reconstruction) or if any circumstances arise which entitle a court or a creditor to appoint a receiver, liquidator or administrative receiver or to present a winding-up petition or make a winding-up order or the Client goes into administration.

9.2.4 the Client may cancel the Contract by giving notice in writing to KSDM and paying in full the amount outstanding to complete the 12 month obligation.

10. The Client shall pay for the Work, including all the SEO development and related costs specified in the package price without any set-off, deduction or any other form of withholding. The fees and related expenses are to be paid by Direct Debit, Standing Order or PayPal (Credit / Debit Card) per month in advance of any work being carried out.

10.1 Failure to pay in full and on time will result in all work being put on hold, until payment is made in full. Such a break may negatively affect the success of the entire campaign.

10.2 A late payment fee of £15 (Fifteen) GBP is automatically added to the bill should a payment be made after its due date.

10.3 A compounding interest rate of 8% (eight percent) per month (96% APR) is payable on any amount outstanding after 30 days.

11. The Client irrevocably agrees and acknowledges with KSDM that all existing and future copyright, database rights and design rights and other intellectual property rights in respect of or relating to the Work (including the Website) will at all times during the continuance and following the termination of the Contract vest absolutely in KSDM and that the Client shall not be permitted to use such intellectual property rights otherwise than pursuant to the express terms and conditions of Condition 11.1

11.1 KSDM grants to the Client a non-exclusive, non-transferable license to use the Work for the Client's own business purposes only during the period commencing on the Live Date and ending on the date that the Contract is terminated pursuant to Condition 9.

12.  The Client agrees to hold KSDM and its agents harmless from and against any and all claims and damages, expenses or liability that arises from or in connection with the Website, content or activities, including but not limited to, any legal fees incurred by KSDM. The Client, if so instructed by KSDM, at its own cost and expense, shall defend any and all actions, which may be brought against KSDM. The Client's failure to perform under the terms of this Condition shall be deemed a waiver of any and all claims, demands for remedies, or causes of action, including specific performance, which the Client might otherwise have against KSDM and its agents.

12.1  The Client acknowledges and accepts that websites in general are not error, fault or bug free nor secure from persons wishing to misuse, tamper with, erase, alter or in any other way corrupt websites, and the data, information and records they display, retrieve, collate, transfer or disseminate and the Client agrees with KSDM that KSDM shall have no liability to anyone for any such occurrences arising in respect of or in relation to the Website and the Client shall indemnify and keep KSDM indemnified on a full indemnity basis from and against all liabilities of KSDM arising from such occurrences and arising in respect of or in relation to the Website.

12.2 Subject to Condition 12.1, KSDM warrants that it will perform all services to be provided to the Client pursuant to the Contract with reasonable care and skill and in accordance with generally-accepted industry standards.

12.3  The Client acknowledges and accepts that computers need routine maintenance and sometimes break down, that KSDM cannot control the timing or volume of attempts to access the Website, and that the SEO campaign is provided on an "as-is, as-available" basis. As a result, the Company does not guarantee to anyone that the Client or any third parties will be able to access the Website or the internet at any particular time and the Client agrees that KSDM shall have no liability to anyone if any such persons are not able to access the Website or the internet for any given period of time.

12.4  Subject to the foregoing, all conditions, warranties, terms and undertakings, express or implied, statutory or otherwise, in respect of the provision of the SEO campaign, the Works and the provision of all other services pursuant to the terms of the Agreement are hereby excluded to the fullest extent permitted by law.

13. Notwithstanding anything to the contrary in these Conditions, KSDMs’ liability to the Client for death or injury resulting from its own or its employees', agents' or sub-contractors' negligence shall not be limited.

13.1  Subject to Condition 13.1, KSDMs’ entire liability under the Agreement shall be limited to damages of an amount equal to twice the amount of the Charges paid by the Client under the Agreement.

13.2 Subject to Condition 13.1, KSDM shall not be liable to the Client for loss of profits, loss of data, goodwill or any type of special indirect or consequential loss (including loss or damage suffered by the Client as a result of an action brought by a third party) even if such loss was reasonably foreseeable or the Client had been advised of the possibility of the Client incurring the same.

13.3 KSDM shall not be liable for any error, omission, defect or deficiency in any service, which results from the Client's failure to provide complete, accurate and current information to KSDM. Under no circumstances shall KSDM and its agents be liable to the Client for breach of the Contract due to circumstances beyond KSDM’s reasonable control, including without limitation, any downtime regarding computer servers or interruption of Internet service providers.

13.4 KSDM does not have any direct control of any search engine algorithms, listings or search results. We cannot therefore offer any guarantee that the SEO work we carry out during the duration of the campaign will be successful. Past performance is not an indicator of future successes.

13.5 By nature, search engine results are dynamic and are influenced by many different variables. This means your results may fluctuate up and down for the duration of the campaign.

14.  No right or remedy conferred upon or reserved by KSDM by this Contract is intended, and shall not be deemed, to be exclusive of any other right or remedy provided or permitted herein, by law or by equity, but each right or remedy shall be cumulative of every other right or remedy.

15. This Contract shall be interpreted and construed under the laws of England. The parties agree that any action brought by either party against the other shall be brought in England and the parties do hereby waive all questions of personal jurisdiction or venue for the purpose of carrying out this provision.




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