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Total Connextion – Terms and Conditions
1. Introduction
1.1 These conditions and our privacy
policy apply to and govern your use of our website
and the legal relationship between you and us when
you ask us to produce work for you and we agree to
do so. Please read them carefully.
1.2 These conditions and our privacy
policy will apply in place of any terms and
conditions you or your business may have.
2. Use of Terms
2.1 In these conditions and in our
privacy policy references to:
2.1.1 “you” and “your” are to you as the
user of our website and/or the buyer of our goods
and services and include any one on behalf of which
you use our website.
2.1.2 “us” “we” and “our” are to Total
Connextion Limited (Company Registered Number
5483855) and where applicable to its officers
employees and authorised agents.
2.1.3 “our website” are to
“www.totalconnextion.com” and any other website
address we may use in addition to or substitution
for it.
3. Business Service
3.1 Our website is exclusively for
business use and is not for the use of private
individuals as consumers.
3.2 When using our website you
represent to us that all orders for our goods and
services which you submit will be for business
purposes only and within the scope of your authority
to make contracts on behalf of the business for
which our services are required.
3.3 You agree that you will use our
website only for the purpose of the business you
represent and will not exploit our website or any of
its contents commercially.
4. Privacy Policy
4.1 Our privacy policy privacy policy
is part of these conditions.
4.2 By using our website you agree to
be bound by and to observe the terms of our privacy
policy http://www.totalconnextion.com/privacy.html
and these conditions.
5. Your Obligations
5.1 It is your responsibility in
dealing with us
5.1.1 to ensure that all the information
you provide to us is accurate and complete. No
changes to your order will be agreed once we have
accepted it.
5.1.2 to protect and maintain the
confidentiality of your account with us and to
restrict unauthorised access to and use of your
computer customer reference number and account
number.
5.2 You agree to be responsible for
all transactions between us and you in response to
orders made by you.
5.3 You must inform us immediately if
you are aware or believe someone else has or may
have had unauthorised access to your account with
us.
5.4 You must be 18 years of age or
over and have legal capacity to make contracts to
order work from us.
6. Access to Our Website
6.1 We will use our reasonable
endeavours to ensure that our website is available
for use and that transmissions are error free.
6.2 Access to our website may be
interrupted or suspended at our discretion for
repair and maintenance work updating services or
events beyond our reasonable control.
6.3 We reserve the right in our
discretion to deny access to our website cancel
orders change or remove its content or terminate
accounts.
6.4 You must not use adapt duplicate
modify or exploit any image text or graphics on our
website without our written permission.
6.5 You must not use our website:
6.5.1 for any unlawful purpose or
activity
6.5.2 send or use material that is
illegal obscene abusive offensive or defamatory
6.5.2.1 in breach of copyright trademark
privacy or any other intellectual property right or
6.5.2.2 that contains software viruses
advertising political material or spam
7. Disclaimer of Liability in
Respect of Our Website
7.1 We make no representations in
respect of our website its contents or the accuracy
completeness or suitability for any purpose of the
information published on it
7.2 We do not warrant that our
website is free from computer viruses or other
defects that may cause loss or damage.
7.3 We exclude all liabilities for
loss or damage due to technical inaccuracies or
typographical errors so far as the law allows.
7.4 We will not be liable for any
loss or damage arising out of the use of our
website.
7.5 If the goods we deliver are not
what you ordered or are damaged or defective or you
do not receive your order we shall have no liability
to you unless you notify us in writing at our
contact address 1 Wren Close, Grange Park,
Northampton, NN4 5AY within 10 days of the date of
delivery or as appropriate of the date we notified
you of the availability for collection of your
goods.
7.6 If you notify us of a problem
under condition 7.5 we shall have the right
7.6.1 to make good any shortage or non
delivery.
7.6.2 to replace or repair any goods
that are damaged or defective; or
7.6.3 to refund to you all or a part of
the amount you paid for the goods in question.
7.7 We will not be liable to you
except as required by law for any indirect or
consequential loss damage or expenses (including but
not limited to loss of profits business income or
goodwill) however it arises whether you notify us of
the problem or not under Condition 7.5.
7.8 We shall have no liability to pay
you back any money by way of compensation or refund
except in accordance with Conditions 7.6.3, 11.2.1,
16.2 or 16.5.3 or otherwise as required by law.
7.9 You must observe and comply with
all relevant legislation and regulations including
if we ask you to do so all necessary customer import
or other permits to purchase goods from our website.
7.10 None of the disclaimers in
Condition 7 is intended to exclude or limit our
liability to you for death or personal injury
resulting from our negligence.
8. Our Contract
8.1 When you place your order any of
the services featured on our website or agreed with
a member of our sales team your order will be a
request for the performance of those services.
8.2 We may accept or decline your
request by sending you an email message to the email
address you provide in your order form confirming
the details of your order.
8.3 A legally binding contract
between you and us will only come into existence
when we accept your order in accordance with
condition 8.2.
9. Ordering our Services and Goods
9.1 You may place your order for our
goods and services
9.1.1 on line to www.totalconnextion.com
9.1.2 by email to enquiries@totalconnextion.com
9.1.3 by fax on number 01604 762149
9.1.4 by post to Total Connextion Ltd. 1
Wren Close,
Grange
Park,
Northampton,
NN4 5AY
10. Cancelling Your Order
10.1 You cannot cancel your contract
with us once we have accepted your offer
11. Cancellation of Your Order by Us
11.1 We reserve the right to cancel the
contract between us and you if
11.1.1 We are unable to provide the
services you have requested for any reason beyond
our reasonable control
11.1.2 you provide us with any information
in respect of your order which in our opinion is
misleading inaccurate or incomplete.
11.1.3 you require our services or goods
for an illegal purpose
11.2 If we cancel the contract with you
we
11.2.1 will notify you by an email message
to the email address you provide in your order form
and refund any money you have paid to us as soon as
practicable but
11.2.2 will be under no legal obligation
to pay you any compensation
12. Price and Payment Terms
12.1 The price for the work you order
from us is set out in our price list current at the
time we accept your order or by way of quotation to
by email to you in advance of your order.
12.2 We reserve the right to change the
price of our goods and services at any time.
12.3 When we accept your order we will
confirm the total price that you will be asked to
pay by way of Proforma invoice.
12.4 Any quotation we send you for our
goods and services will be valid for six months from
date of quotation unless provided in connection with
a special offer when it will only apply until the
date on which the offer ends.
12.5 If you live in the United Kingdom
you will be required to pay the price for work you
order from us 14 days after the date on which we
invoice you for it.
12.6 If you live outside the United
Kingdom we shall require you to pay for our services
and goods in full before we do any work for you.
12.7 We will request payment of a
deposit of up to 100% of the price payable by United
Kingdom residents on receipt of order before we do
any work.
12.8 Any deposit paid will be non
returnable unless we cancel your order under
Condition 11.
12.9 If you are a United Kingdom
resident and fail to pay us within 14 days of our
invoice date we will remind you payment is overdue.
We shall also remind you payment is overdue 30 and
45 days after the invoice date if our invoice
remains unpaid.
12.10 We reserve the right at our
discretion to charge you interest both before and
after any Court judgment on the unpaid amount of any
invoice we have sent you for our goods and services
not paid within 14 days of the invoice date at the
rate of three per cent (3%) per calendar month or
part of a calendar month calculated on a daily basis
until we receive payment in full in cleared funds:
12.10.1 if you are a United Kingdom resident
from a date fourteen (14) days after the date of our
invoice, or
12.10.2 if you are not a United Kingdom
resident from a date twenty eight (28) days after
the date of our invoice.
12.11 The price excludes value added tax
and if chargeable delivery charges which are payable
in addition to the price.
12.12 You will remain responsible for the
payment of our invoice for goods and services
supplied to you where you are unable to upload the
information we send you on to your equipment for any
reason beyond our control.
13. Title to Goods
13.1 We shall continue to own any goods
whether or not delivered to you until you have paid
us in full for them and the work we have done for
you
14. Availability
14.1 All orders for services and goods
from us are subject to availability
15. Delivery
15.1 We will arrange to deliver your
goods by first class prepaid post (unless the order
relates to registration and/or linking products) to
the address you give us for delivery in your order.
15.2 We will notify you of the
approximate date of delivery by email message to the
email address you provide in your order form
15.3 Once the goods have been delivered
to the address you have requested they will be at
your risk and we will not be liable for their loss
damage or destruction.
15.4 If you require a replacement disk
for any reason we shall charge you fifteen pounds
(£15) plus value added tax for supplying it.
16. Our Guarantee- Search Engines
16.1 We will use our best endeavours to
achieve first page listing across the leading
United Kingdom
search engines of our choice.
16.2 Subject as stated in condition
16.3 if we are unable to achieve a first page
listing for any of your chosen search terms we will
refund to you the optimisation cost less a set up
fee. Our set up fee will not exceed 25% of total net
invoice value. If you would like a full breakdown
please request this from your sales consultant.
16.3 Condition 16.2 will apply
provided:
16.3.1 your website is hosted on a reliable
server and is available to be viewed when requested
by search engines or individuals using the web at
all times. The server is not connected by way of an
ADSL line.
16.3.2 the universal resource locator (URL)
has been live for not less than six (6) months
16.3.3 your website does not have multiple
Universal Resource Locators resolving at it
16.3.4 each page of your current website
attracts a Google page ranking of 3 or above
16.3.5 we are given full file transfer
protocol (FTP) access by you at all times
16.3.6 you are not in breach of any of
these conditions (including the payment terms in
Condition 12)
16.3.7 Payment is made on time.
16.4 If you satisfy some but not all of
the conditions listed in Condition 16.3 we may allow
you the benefit of the guarantee in Condition 16.2
at our sole discretion. Written confirmation will be
provided on a Total Connextion Ltd letter head and
signed by a director of the company.
16.5 If we consider any of your search
terms are too vague or generic or for any other
reason are unsuitable or inappropriate we will
notify you on receipt of your order by email message
to the email address you provide in your order and
offer you the choice of either cancelling that
search term and choosing a suitable substitute term
or choosing an additional search term at no further
cost to you.
16.6 Subject to Condition 16.8 if after
not less than 6 months use of any goods we supply to
you you believe the goods are defective you should
notify us using the appropriate form, setting out in
reasonable detail the reasons why you consider the
goods are of substandard quality.
16.6.1 Verification of results can only be
clarified using HITEYE.com supplied free of charge
to all Total Connextion Ltd customers for their
first month. Total Connextion Ltd will not accept
any other system to verify the results of a
campaign.
16.7 On receiving any notification from
you under Condition 16.6 we may at our discretion:
16.7.1 rectify the problem
16.7.2 offer you an alternative (which you
do not have to accept) or
16.7.3 offer you a refund of the price you
paid less our set up costs and any miscellaneous
costs we have incurred on your behalf.
16.8 Condition 16.6 will not apply to
search terms
16.8.1 consisting of single words
characters or numbers only
16.8.2 which are adult related
16.8.3 which we believe are too generic in
meaning or application
16.9 No other optimisation techniques
have been used on your site
16.9.2 No optimisation work will be
carried out on your site with out the knowledge of
Total Connextion Ltd during our guarantee period.
16.10 All Total Connextion Ltd
recommendations have been implemented.
17 Intellectual Property
17.1 Copyright
17.1.1 All rights in the design text
graphics and other material on our website and its
arrangement and in our publicity and marketing
literature are our copyright or that of other
parties. You are permitted to copy electronically
and print in hard copy parts of our website only in
connection with the acquisition of our goods and
services. Any other use or reproduction of material
on or from our website without our prior written
permission is illegal and is strictly prohibited.
17.1.2 Trademarks
We are the proprietor of the “Total Connextion”
trademark and strapline “We effectively respond to
your needs and those of your customers”. All other
trademarks product names logos and company names
used in our website are our property or that of the
respective owners of the marks names or logos. No
permission is given by us to use any of those marks
names or logos and any use by you without the owners
permission may constitute an infringement of the
holders rights.
18. Supply of HITEYE
18.1 Total Connextion Ltd agrees to
supply the analytics system HITEYE.com for one month
free of charge will all orders.
18.2 After the initial free period the
client can continue to use Hit tracker for the
nominal amount of £ 25 per month paid quarterly in
advance.
18.3 Total Connextion Ltd are not
obliged to keep any data collected by the HITEYE
system passed any free or paid for period.
18.4 HITEYE data will not be made
available to any other companies without the express
consent of the client.
18.5 in the event of a complete loss of
data Total Connextion Ltd will be limited to a
maximum claim of £ 150 in total, if the data is lost
during a paid for period. If any data is lost during
a free period or after a paid for period has ended
Total Connextion Ltd are not liable to a claim.
18.6 The client agreed to use the free
download facility to copy and store and data
required (if available).
19. Website Hosting
19.1 Total Connextion Ltd will with
best endeavor ensure the clients website is
available on the web for the maximum amount of time
each day.
19.2 Total Connextion Ltd will provide
free of charge a backup solution for any website
that is hosted on our servers. But recommends
clients keep a copy of their website for backup
purposes if required. Total Connextion Ltd will not
be held responsible for a total loss of service or
site
19.3 Total Connextion Ltd provides
hosting packages on the following basis and variants
only apply if supplied in writing and signed by a
director of the company.
19.4 Upto 1 GB of data storage
19.5 upto 1Gb of data transfer per
month every part 1 Gb after is charge at £ 27 per Gb
per month
19.6 Free technical support will be
provided on telephone number 0845 094 0191
19.7 Unlimited free email forwarding,
20 x
POP email addresses (charged at £5 for extra’s),
Free help loading website.
19.8 HITEYE will be provided Free of
charge for one month with all hosting packages.
19.9 If email services are used for any
website Total Connextion Ltd host the client will
have in place and continue to keep up to date anti
virus software that will supply protection against
the transfer of email viruses. The antivirus
software will not be supplied from a valid approved
anti virus supplies (e.g. MacAfree or Norton) Any
client failing to do so and by not providing such
protection will be deemed to have given permission
for viruses to be transfer by way of their email
system and as such will be liable for any band width
used by any viruses and any time spent assisting
companies in the repair and protection of their
email and website. If you fail to protect against
internet viruses we can switch your website off.
20 Managed Cost per Click Services
20.1 Total Connextion will provide a
managed cost per click service across Google, Yahoo
and
MSN
(whichever the search engine the client requires).
20.2 Total Connextion will provide
daily, weekly or monthly management services,
dependent on the clients contract. Through the
management service Total Connextion endeavour to
ensure that the required positioning is achieved at
all times.
20.3 Total Connextion accept no
responsibility for any downtime experienced on a
managed cost per click service if the search engine
is taken down by the search engine company.
20.4 Total Connextion invoice the
clients spend quarterly in advance, with payments
due 14 days after date of invoice.
20.5
If payment is not received seven days prior to the
start of month then Total Connextion reserve the
right to suspend the cost per click account until
payment is received from the client.
20.6
Total Connextion require three months written notice
in advance of intent to cancel a managed cost per
click service. Total Connextion will then give
written notice to the search engines from the date
of notice received.
21. Changes to Our Conditions
21.1 We may change these conditions at
our discretion. If we do so we will post the
changes on our website. Your continued use of our
website following any changes to these conditions
will acknowledge your acceptance of any changes we
make.
21.2 Any contract between us and you
will be subject to the conditions which apply at the
time we accept an order to produce work for you.
22. Notices
22.1 We may contact you by post email
fax or online by placing notices on our website in
your user login area.
22.2 You agree that all notices or
other communications we send you electronically are
in writing for the purpose of satisfying any legal
requirements.
22.3 All notices which you send us must
be in writing and sent to our contact address at 1
Wren Close,
Grange
Park, Northampton, NN4 5AY.
23. Third Party Rights
23.1 A person who is not a party to any
contract between you and us has no right to enforce
any of these conditions under the Contracts (Rights
of Third Parties) Act 1999.
23.2 Condition 20.1 does not affect any
right or remedy that a third party may have apart
from that Act.
24. Invalidity
24.1 If any court having the right to
do so decides that any of these conditions is
unenforceable those which remain will continue to
have legal effect between us and you.
25. Waiver of Our Rights
25.1 If you breach any of these
conditions and we take no action against you for
doing so this will not prevent us from using our
legal rights to take action in any other situation
where you breach these conditions.
26. Entire Agreement
26.1 These conditions together with our
current website prices delivery details contact
details and privacy policy set out the whole of the
agreement under which we will produce work for you
if we accept your order.
26.2 Nothing said by any salesperson on
our behalf is to be understood by you as a variation
of these conditions or as an authorised
representation about the nature or quality of the
goods and services we provide.
27 Governing Law
27.1 These conditions and any contract
between you and us are governed by and interpreted
in accordance with English law.
27.2 You and we agree to submit to the
exclusive jurisdiction of the courts of England and
Wales to resolve any disputes between us which
cannot be agreed under these condition
Total Connextion Limited1 Wren Close, Grange
Park, Northampton, NN4 5AY
Company number - 5483855
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