If you agree to use UP8 Create services, you verify that you have read, agree and are bound by the terms and conditions set out below.
The Client: The company or individual requesting the services of UP8 Create.
UP8 Create: Provider of digital marketing services, including but not limited to; search engine optimisation (SEO), pay per click (PPC) advertising, social media marketing, website design and other digital marketing services. Additional Services may be offered by UP8 Create from time to time.
Modifications of Terms & Conditions
UP8 Create reserves the right to alter or replace the Terms at any moment at its sole discretion. If the modifications are a significant change to the Terms, we will notify you 14 days prior to the modifications in writing (including via email). What constitutes a significant change will be determined at the sole discretion of UP8 Marketing. The client shall be responsible for reviewing such modifications and their impact on the client’s own business.
Furthermore, as a consequence of Maintenance, UP8 Create’s Digital Marketing Services may be disrupted from time to time as well as updates, equipment malfunction and maintenance of our devices that are beyond UP8 Create’s control. UP8 Marketing reserves the right at any moment and without previous notice to suspend or discontinue any Service.
UP8 Marketing will only perform a service where there is an arrangement, either by email, telephone or mail. An ‘ order ‘ for a service is considered a written or verbal agreement between UP8 Create and the customer, including telephone and email contracts.
The Digital Marketing Services
While every effort will be made to ensure that the website of the Client and any scripts or programs are error-free, UP8 Create cannot be held liable for any losses incurred due to malfunction of the website of the Client or any part thereof.
UP8 Create remains the property owner of websites, copy text, graphics and any programming code until all outstanding accounts or debts are paid in full by the client.
Any scripts, applications, articles or software written by UP8 Create (unless specifically agreed) shall remain the copyright of UP8 Create and may only be reproduced or resold commercially with the prior permission of UP8 Create.
UP8 Create cannot be held liable for any infringements of copyright induced by client-submitted material. UP8 Create reserves the right to refuse any material of a copyrighted nature unless permission to use such material is provided with acceptable evidence.
The client agrees to make available to UP8 Create as soon as reasonably possible ; all materials, passwords, log-ins and any other information necessary for the completion of the agreed digital marketing service, in the agreed format and within any agreed deadlines.
UP8 Create will not be responsible for expenses incurred, compensation or loss of revenue or earnings owing to inability to fulfill agreed deadlines, objectives or targets.
UP8 Create shall not be liable or engaged in any conflicts between the site owner and their customers and shall not be liable for any wrongdoing on the part of the site owner.
UP8 Create shall not be liable for any costs incurred, compensation or loss of earnings resulting from the work performed on behalf of the client or any of the appointed agents.
UP8 Create shall not be responsible for pay per click advertising campaigns for the costs of paid clicks, website traffic or payments owing to Google or Facebook or any other advertising provider.
UP8 Create shall not be responsible for any material added to the site or any other content, remarks, reviews, articles or press releases published online anywhere, in principle clients shall guarantee that any material written by UP8 Create and posted online meets their approval and shall notify UP8 Create within seven days of publishing if any such content is to be modified or deleted.
Disclaimers and limitations on liability
UP8 Create shall not be liable for URLs falling in and out of rank on any search engine, excluded or otherwise penalised for any reason by a search engine, websites may go down as well as up in search results.
UP8 Create cannot ensure that higher search engine rankings will lead to more inquiries, sales or more business for the client.
UP8 Create shall not be liable for any delays or failures in performance arising from issues or failures in the delivery of Internet Service Providers or any communication or distribution issues related to Account Service received by the Client. UP8 Create shall not be liable for acts or causes beyond its control, including but not limited to: acts of God, strikes, lockouts, failures of communications lines or machinery, energy failures, earthquakes or other catastrophes.
While every attempt will be made to attain the highest positions in the main search engines, UP8 Marketing does not ensure or warrant that the URLs of the Client within a specific search engine will attain a favourable place or position. We must emphasise that there is no guarantee to our services. We have no ability to give a guarantee on the level our clients are going to attain in search results. We are also unable to calculate or even estimate the quantity of enhanced traffic, inquiries or new business resulting from our digital marketing services. Search engine marketing (SEM) and other digital marketing campaigns are unpredictable and UP8 Create cannot ensure the outcomes that will be obtained in any way.
UP8 Create does not warrant or represent the correctness, accuracy, timeliness, reliability or otherwise of the use or outcomes of the use of any materials, services, software or reporting processes accessible through third parties.
You expressly agree that it is at your sole risk to use the UP8 Digital Marketing services provided. These services are delivered on the grounds of “as is” and “as available.” UP8 Create expressly disclaims all warranties of any kind, express or implied, including any warranty of merchantability, fitness for a specific purpose or non-infringement without restriction.
Despite the security precautions made against disclosure of data, there are commonly certain conditions on the Internet that are beyond the control of UP8 Create and could result in a security violation. Accordingly, UP8 Create cannot guarantee that the Client’s Account Service Data information will be free of corruption, hacking or piracy. You hereby expressly waive any claim against UP8 Create resulting from information loss through corruption, piracy, hacking, security violation or for any other reason not based on UP8 Marketing’s deliberate or grossly negligent behaviour.
To the maximum extent allowed by law, UP8 Create and any of its parents, members, subsidiaries, affiliates, service providers, licensors, officers, owners 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. This section does not limit liability for bodily injury of a person.
Software, Database and Websites
UP8 Create cannot be held liable for any losses resulting from the use of any software produced for the client or other third party. While every care has been taken to guarantee that products are problem-free, fully functional and reliable, the ultimate responsibility lies with the customer to guarantee that all software meets their needs and works properly before use.
Before being made accessible for use, the client is expected to fully test any application or programming related to a site created by UP8 Create. Where “bugs,” errors or other issues are found after the site is approved by the client and made live, UP8 Create will endeavour (but is not obliged to) to correct these issues in order to meet the functional standards outlined in the brief.
UP8 Marketing will endeavour to ensure that any developed / designed site or application will work properly on the server on which it is originally installed and that it will operate properly when viewed with Microsoft Internet Explorer, Google Chrome and Mozilla internet browsers. UP8 Create can give no guarantees of proper functionality with all browser software or applications.
UP8 Create work with third-party companies to host websites. Therefore, there is no guarantee that such a service will be available or not interrupted. UP8 Create cannot assume responsibility for losses caused by these service’s by their unavailability, malfunction or disruption, or the client’s loss of turnover, sales, income, profits or indirect, consequential or unique loss due to third party hosting services.
UP8 Marketing reserves the right to refuse to handle any content that may be deemed offensive, illegal or controversial in any manner, and we also reserve the right to remove websites from our hosting that cause server stability and/or speed problems. UP8 Create also reserves the right to provide services to any client’s business which is not in line with UP8 Create’s morality and ethical codes of conduct, expressed or otherwise.
To preserve the stability of our hosting schemes for all customers, we reserve the right to enact defensive motions.
If you think that your website may be prone to high or otherwise abnormal usage, you must contact us to discuss your hosting environment’s suitability.
Client Payment of Accounts
New clients are required to pay their first invoice (normally one month) in advance, prior to work commencing.
All other invoices must be settled within 7 days of the invoice date or by direct debit payment. UP8 Marketing reserve the right to cease work, remove work/content and deny access to any Client’s website where payment is overdue (following reasonable attempts by UP8 Create to contact the Client and resolve any payment issues) and ultimately UP8 Create may take legal action to recover any outstanding monies owed.
Additional services / Policy on Fair Use
We may include changes to your website as part of the service agreed with you. The changes (adjustments, deletions and additions to assist enhance the campaign that we are running for you) will be agreed with you prior to execution and will only be intended to support your campaign.
In certain circumstances and for certain types of modifications to the website, we may suggest an extra chargeable service that we can either perform in-house or handle through a website design and development firm through a third party. This will represent a separate service and the fees will be calculated on a case-by-case basis.
UP8 Create have a cancel anytime policy for all of our monthly fee services. Anyone who wishes to cancel their campaign or service, should do so by email or in writing and ensure all outstanding accounts are paid in full. Our combined website and hosting service, requires that customers remain with UP8 Create to host their website. It takes considerable time, effort and investment for UP8 Create to build a website for a client and the cost of this website creation, is spread over a period of time (the monthly fee) to ensure that our services are affordable. Therefore, if the client wishes to cancel their service with UP8 Create. Then, the client is not authorised to take the website that UP8 Create has created for them, to any other hosting company or service, within the first 12 months from the date the service started. However, if a client does wish to host their website with another 3rd party hosting company or service, which they have arranged themselves, then they can do so either; after the initial first 12 month period has ended, or if agreed in writing, at the start of any service with UP8 Create. Please note: for this reason, we do not give website or hosting administrator rights or access to clients, within the first 12 month period of the service.
Anyone experiencing a problem with the services provided by UP8 Create that cannot be verbally resolved, should raise the matter in writing, provide adequate details and obviously outline the grounds for complaint. All valid complaints will be dealt with seriously and will be answered within 21 days of receipt.