Our standard terms and conditions for Search Engine Optimisation are shown below.
By placing an order with JK SMART, 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 JK SMART.
JK SMART: Service provider.
General
JK SMART will carry out work only where an agreement is provided either by email, telephone or mail. JK SMART 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 JK SMARTand the client, this includes telephone and email agreements.
Website Optimisation
While every endeavor will be made to ensure that the website and any scripts or programs are free of errors,
JK SMART 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 JK SMART until all outstanding
accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by JK SMART remain the
copyright of JK SMART and may only be commercially reproduced or resold with the permission of JK SMART.
JK SMART 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 JK SMART and where no charge is made by JK SMART
for such additions, JK SMART 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 JK SMART all materials required to
complete the work to the agreed standard and within the set deadline.
JK SMART will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet
agreed deadlines.
JK SMART 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.
JK SMART 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.
JK SMART 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 the agreed work has been 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
- JK SMART shall not be responsible for URLs dropped or excluded by a search engine for any reason.
- JK SMART shall not be responsible for delays or failure of performance resulting from Internet Service Provider
delivery problems or failure. JK SMART shall not be responsible for acts or causes beyond their control, including but
not limited to: acts of God, terrorist activities, strikes, lockouts, communications line or equipment failures, power failures,
earthquakes, or other disasters.
- JK SMART do not represent or warrant that Customers' URLs will achieve a favourable position, or any
position, within a particular search engine.
- JK SMART do not warrant or represent that the use or the results of the use of the materials available t
hrough the JK SMART Services or from third parties will be correct, accurate, timely, reliable or otherwise.
- You expressly agree that use of the JK SMART Services provided hereunder is at your sole risk. These
Services are provided on an "as is" and "as available" basis. JK SMART 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 JK SMART's control and could result in a
breach of security. You hereby expressly waive any claim against JK SMART 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 JK SMART.
- To the maximum extent allowed by law, JK SMART 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, JK SMART will not have any liability for any losses arising because the
JK SMART Services are not operational or accessible. This section does not limit liability for bodily injury
of a person.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the JK SMART policy
that any outstanding accounts for work carried out by JK SMART or its affiliates are required to be paid in full,
no later than 30 days from the date of the invoice unless by prior arrangement with JK SMART.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full.
We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or JK SMART have not been contacted regarding the delay, access to the related website
may be denied and web pages removed, we will then 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 legal representatives 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 service provided by JK SMART should raise the matter directly
using the contact information to do so, giving sufficient information
to locate the material (such as an url) and clearly outlining the grounds for complaint.
JK SMART will approach the individual responsible for the material in question with a view to
resolving the matter to the satisfaction of the complainant.
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