TERMS OF SERVICE
The following details are our standard terms.
The following definitions are used in this contract.
- a) “The Customer”, “Customer”, “The Client”, “Client” meaning you as a paid customer.
- b) “Customer Address” meaning your legal head office or trading address.
- c) “Project Total” meaning the total price of the project.
Between us, Pure Rapid and you “the customer”.
We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. You won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.
So, in short; You “The Customer”, located at “Customer Address” are hiring us, Pure Rapid to complete works outlined in this proposal for the estimated total price of “project total” as outlined in our previous correspondence. Of course, it’s a little more complicated, but we’ll get to that.
What do both parties agree to do?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us everything we need to complete the project as and when and, in the format, we need it. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.
- Website Design
We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML, CSS, JS, PHP so we won’t waste time mocking up every template as a static visual. We may use static visuals to indicate a look-and-feel direction (colour, texture and typography.) We call that ‘design atmosphere.’
You’ll have regular opportunities to review our work and provide feedback.
- Website Text content
We’re not responsible for writing or inputting any text copy above what has been quoted. If you’d like us to write new content or input additional text for you, we can provide a separate estimate for that.
- Website Photographs
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs or provide you with custom photography, we can provide a separate estimate for that.
- Website & App development
- Website browser testing
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
- Website desktop browser testing
We test our work in current versions of macOS 10 & Windows 10 desktop browsers including: Safari and Chrome.
If you need an enhanced design for an older browser, we can provide a separate estimate for that.
- Website mobile browser testing
Testing popular small-screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our work in: Safari & Chrome on the following devices for compatibility:
Apple: iOS 13 on iPhone X and iPad 9.7″
Android: Android 9.0 on Galaxy S9 and Tab S4
If you need us to test using anything else, we can provide a separate estimate for that.
- Website Security
There are currently over 1 Billion websites on the web. Over a third of the websites online are powered by four key platforms: WordPress, Joomla, Drupal, and Magento. WordPress is leading the CMS market with over 60% market share. Over 50% of those websites are out of date. These statistics talk to the challenges website owners face, regardless of size, business or industry. Pure Rapid takes no responsibility for any sites that are hacked. To minimise the real threat against hacking you need to update your WordPress installation and plugins often, and ensure passwords are strong. If your site does get hacked we can fix it for a fair fee and offer you the following upgrades if you don’t already have them: Web Application Firewall (WAF), SiteLock, Malware Scanning + Removal, DDoS Mitigation, SSL certificates, Backup & Disaster recovery solutions. Website owners are generally unable to keep up with the emerging threats. As well, the guidance they receive to “stay current” or “just update” is not enough. Website owners are turning to these technologies to give themselves and their organisations the time required to more efficiently respond to the threats by way of virtual patching and hardening techniques at the edge. If you require full website management, we can provide a separate estimate for that.
- Website related technical support
We’re not a website hosting company so we don’t offer support for third party website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we can set up an account for you at one of our preferred hosting providers.
We will set up your site on a server, plus any statistics software such as Google Analytics & Facebook pixel as per our proposal – anything else, we can provide a separate estimate for that.
Then, the updates to, and management of that server will be up to you, unless you take out a monthly maintenance subscription with us. We can provide a separate estimate for that.
- Website changes and revisions
We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for that.
SEO (Search Engine Optimisation)
- PureRapid will provide Client with Search Engine Optimisation Services (hereinafter referred to as “SEO”) as
described in this contract. Pure Rapid will use specific keywords and/or phrases to improve the search engine ranking of,
and/or position the contents of the Client’s website.
2. All invoices must be paid in full as per the payment terms outlined at the end of these terms. Pure Rapid’s SEO services are intended to serve two main purposes: 1) to provide the Client with increased exposure in search engines, and 2) to drive organic traffic to the site. Pure Rapid’s SEO Services may include (but are not limited to):
* Researching keywords and phrases to select appropriate, relevant search terms.
* Obtaining “back links” from other related websites and directories in order to generate link popularity and traffic.
* Editing and/or optimisation of copy for various html tags, meta data, page titles, and page copy as necessary.
* Analysis and recommendations on optimal website structure, navigation, code, etc. for best SEO purposes.
* Recommend, as required, additional web pages or content for the purpose of “catching” keyword/phrase searches.
* Create traffic and ranking reports showing rankings in the major search engines.
* Creating blog posts and social media posts.
3. For the purposes of receiving professional SEO services, Client agrees to provide the following:
* Administrative/backend access to the website for analysis of content and structure.
* Permission to make changes for the purpose of optimisation, and to communicate directly with any third parties.
* Unlimited access to existing website traffic statistics for analysis and tracking purposes.
* Access to a client email address (@domain or Gmail) for the purposes of requesting links.
* Authorisation to use client pictures, logos, trademarks, web site images, pamphlets, content, etc., for any use as deemed necessary by Pure Rapid for search engine optimisation purposes.
* If Client’s site is lacking in textual content, Client will provide additional text content in electronic format for the purpose of creating additional or richer web pages.
4. Client must acknowledge the following with respect to SEO services:
* All fees are non-refundable.
* All fees, services, documents, recommendations, and reports are confidential.
* Pure Rapid has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Client’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
* Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, Pure Rapid does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term.
* Occasionally, search engines will drop listings for no apparent or predictable reason. Often, the listing will reappear without any additional SEO. Should a listing be dropped during the SEO campaign and does not reappear within 30 days of campaign completion, Pure Rapid will re-optimise the website/page based on the current policies of the search engine in question.
* Some search directories offer expedited listing services for a fee. If the Client wishes to engage in said expedited listing services (e.g., paid directories), the Client is responsible for all paid for inclusion or expedited service fees. Pure Rapid can offer a list of expedited listing services upon request.
* Linking to “bad neighbourhoods” or getting links from “link farms” can seriously damage all SEO efforts. Pure Rapid does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.
5. Pure Rapid is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
6. Additional Services not listed herein (branded copywriting, blitz campaigns, additional consulting, etc.) we can provide a separate estimate for that.
7. The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Pure Rapid for inclusion on the website above are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Pure Rapid and its subcontractors from any liability or suit arising from the use of such elements.
8. Pure Rapid is not responsible for the Client overwriting SEO work to the Client’s site. (e.g., Client/webmaster uploading over work already provided/optimised). The Client will be charged an additional fee for re-constructing content, based on existing chargeable rates. Notwithstanding any other provision of this Agreement, Pure Rapid’s obligation to provide free SEO services shall cease in the event the Client’s conduct overwrites the SEO services provided. For example, if the client’s webmaster uploads content without consulting Pure Rapid, then Pure Rapid’s obligation to provide SEO services shall terminate.
Ad Campaigns (Google Ads, YouTube Ads, Facebook Ads, Instagram Ads, LinkedIn Ads)
- The Monthly Ad Spend – This is set by The Client on the advice of Pure Rapid and agreed by both parties for any and all Ad spend. The Client pays the Ad spend directly to the advertising channels in use. The client agrees to allow Pure Rapid full autonomy with this monthly budget to decide keywords, bids, Ad copy, creative content and targeting specifics. Pure Rapid agrees to utilise the budget in such a way as to maximise the campaign objective for the client. Once allocated, the client will have no recourse for reimbursement from Pure Rapid for any funds put in the account. Pure Rapid is not liable, either directly or indirectly for any losses or damages, either material, by reputation, or financial, in connection with this agreement.
- Access - The client agrees to allow Pure Rapid full access to its social and search accounts, so that we can optimise the campaigns fully. No other company apart from the client is to be involved in altering or monitoring our efforts. The client agrees to allow agents affiliated with Pure Rapid full access to their social and search accounts in order for us to optimise it. As such, passwords for the account will be required and the client is aware of this.
- Ad Placement – Whilst Pure Rapid will endeavour to achieve campaign objectives, we do not guarantee this. The platforms decide where your Ad will be placed.
- Payment - Pure Rapid charges a monthly management fee for all Ad platforms individually. Management fees, and any creative must be paid in full and in advance of the campaign commencement date. The management service will begin as soon as funds are received.
- Keyword Changes - The client is entitled to up to 2 keyword changes in any one calendar month for the focus of PPC campaigns. This limit is placed to prevent the significant work involved in setting up and managing a PPC campaign for any given keyword being lost.
- Monitoring - The client understands and agrees that they have the ultimate responsibility for monitoring all the advertising metrics. These are including but not limited to: ad pricing and bid amounts, daily spending, impact on sales and profit, all other advertising metrics.
- Cancellation - The client is free to cancel ad management agreements by giving 1 months’ notice in writing, and no pro rate refunds for the monthly billing cycle will be given, with the exception of Facebook ads management, where new clients using our Facebook Ads management services are required to undertake a minimum 3-month campaign period. After the initial 3-month Facebook Ad management period, contracts become 1 month rolling with the standard 1 months’ notice in writing, and no pro rate refunds for the monthly billing cycle will be given.
We won’t guarantee that our work will be error-free and so we won’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions. Phew.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them.
Then, when your full payment has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that we create for this project. Upon request we can give you the source files and finished files within 30 days of creation. We’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.
We’ll own the unique combination of these elements that constitutes a complete design and we’ll license that you, exclusively and in perpetuity for this project only, unless we agree otherwise. We can provide a separate estimate for that.
We reserve the right, with your permission, to display and link to your project and to write about it on websites, in magazine articles and in books.
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.
- Websites only
60% non-refundable deposit.
40% when website is ready for deployment.
- All other services
Must be paid in full by the terms stated on the invoice.
But where’s all the horrible small print?
Just like a parking ticket, you can’t transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of our country’s courts.
Changes and Alterations to These Terms and Conditions
Pure Rapid reserves the right to add, delete, or modify any provision of these terms and conditions at any time without notice. Any changes will be binding. These terms and conditions are available in downloadable form on our website at the following URL: https://purerapid.com/contract-terms/ Therefore it is the responsibility of the client to make sure they understand and comply with the terms and conditions of Pure Rapid at all times.
Last Edited: 20 January 2020
PureRapid® | Digital Marketing Agency