Please read and tick you have read and agreed with our terms and conditions before proceeding:

Our standard terms and conditions regarding optimisation are details below. By placing an order with EMM Solutions Ltd, 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 EMM Solutions Ltd.

EMM Solutions Ltd: Primary designer/site owner & employees or affiliates.

General

EMM Solutions Ltd will carry out work only where an agreement is provided either by email, telephone, mail or fax. EMM Solutions Ltd 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 EMM Solutions Ltd and the client; this includes telephone and email agreements.

Internet Advertising/Website Design

Whilst every endeavour will be made to ensure that the advert links to the client(s) website, EMM Solutions Ltd cannot accept responsibility for any losses incurred due to the website or any part of it not appearing.

Any websites, graphics and any programming code remain the property of EMM Solutions Ltd until all outstanding accounts are paid in full.

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

EMM Solutions Ltd 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 EMM Solutions Ltd and where no charge is made by EMM Solutions Ltd for such additions, EMM Solutions Ltd accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to EMM Solutions Ltd all materials required completing the site to the agreed standard and within the set deadline.

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

EMM Solutions Ltd 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.

EMM Solutions Ltd 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.

EMM Solutions Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of adverts, 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 on liability

EMM Solutions Ltd shall not be responsible for URLs dropped or excluded by a search engine for any reason. EMM Solutions Ltd 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. EMM Solutions Ltd 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. EMM Solutions Ltd do not represent or warrant that Customers’ URLs will achieve a favourable position, or any position, within a particular search engine. EMM Solutions Ltd do not warrant or represent that the use or the results of the use of the materials available through the EMM Solutions Ltd Services or from third parties will be correct, accurate, timely, reliable or otherwise. You expressly agree that use of the EMM Solutions Ltd Services provided hereunder is at your sole risk. These Services are provided on an “as is” and “as available” basis. EMM Solutions Ltd expressly disclaim 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 EMM Solutions Ltd’s control and could result in a breach of security. Accordingly, EMM Solutions Ltd cannot guarantee that Your Account Service data information will be free from corruption or piracy. You hereby expressly waive any claim against EMM Solutions Ltd arising out of the loss of data through corruption, piracy, and breach of security or for any other reason that is not based on intentional or grossly negligent actions of EMM Solutions Ltd. To the maximum extent allowed by law, EMM Solutions Ltd 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, EMM Solutions Ltd services will not have any liability for any losses arising because EMM Solutions Ltd services are not operational or accessible. This section does not limit liability for bodily injury of a person.

Database, Application and E-Commerce Development

EMM Solutions Ltd 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 EMM Solutions Ltd remain the copyright of EMM Solutions Ltd and may only be commercially reproduced or resold with the permission of EMM Solutions Ltd.

Where applications or sites are developed on servers not recommended by EMM Solutions Ltd, 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 an advert/site developed by EMM Solutions Ltd before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, EMM Solutions Ltd will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief

Compatibility

EMM Solutions Ltd will endeavour 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 6 and to an acceptable level with Mozilla browsers. EMM Solutions Ltd can offer no guarantees of correct function with all browser software.

Website Hosting

Whilst EMM Solutions Ltd recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by EMM Solutions Ltd 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.

EMM Solutions Ltd reserves 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

An initial payment is required from any new client before any work is carried out. It is the EMM Solutions Ltd policy that any outstanding instalments for work carried out by EMM Solutions Ltd or its affiliates are required to be paid in full, each and every 30 days from the date of the initial sale unless by prior arrangement with EMM Solutions Ltd or unless the client has followed the correct cancellation procedure or has requested the campaign to be paused.

Once an initial payment is paid and work completed you are obliged to pay monthly whilst services are being provided and websites/adverts are live and running. We are not obliged to contact clients via email and telephone to remind them of such payments when they are due.

If accounts are not settled or EMM Solutions Ltd have not been contacted regarding the cancellation 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 (CCJs) 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 services provided by EMM Solutions Ltd should raise the matter directly either by email, telephone or using our online contact form to do so, giving sufficient information to locate the material (such as an URL) and clearly outlining the grounds for complaint.

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