Terms & Condtons
Definition of our terminology as used within this document:
- A ‘Project’ is website design, content, or logo work undertaken or service provided by BeMySocial for the client on their request and as described in our confirmation order email to that Client.
- A ‘Service’ is seo, ppc, smm, managed support, managed maintenance, graphic design & print, or any other ongoing recurring work we undertake.
- A ‘Confirmation order email’ is an email we will send you detailing any project, service or work we undertake. This will include details of the work as well as payment terms.
- ‘You’ or ‘Client,’ is a person, persons, business or organisation using any of the services provided by BeMySocial.
- ‘We’ or ‘us’, means BeMySocial.
- ‘Live Mode’ means the date the website is available on the client’s chosen domain.
- ‘Domain’ is the website address as specified by the client.
- ‘Open Source Software’ is software made freely available to anyone under the GNU General Public License (GPL).
- ‘CMS’ stands for Content Management System which is the online software used for you to update elements of the website yourself.
- ‘managed Support’ is a yearly cost to keep a client’s website hosting and support active.
- ‘mb’ stands for megabytes and is a measure of storage space.
- ‘Content’ is both text and images that the client requires on the website.
- ‘Text Content’ is the text wording on the clients website.
- ‘ContentWriter’ is a copy writing service BeMySocial offer for a fee.
- ‘Copy Writer’ is the person working for BeMySocial who will create your content.
- A ‘Page’ of content shall be up to 500 words.
- ‘Site’ or ‘Website’ is the website as seen on the internet and owned by the client. ‘Search Engine’ will include Google, Yahoo, and Bing search.
- ‘Rank’ is the position of the client’s website on the search engines.
- ‘SEO’ (search engine optimisation) is the process of working to attempt to increase the rank of a client’s website on the search engines.
- ‘Off Page SEO’ is the attempted optimisation of the client’s website using methods which do not require the editing of a client’s website.
- A ‘back link’ is a urllink purchased and owned by BeMySocial from a third party website.
- ‘PPC’ (pay per click) is a method of advertising on the search engines whereby the client pays for each click of their advert from the user.
- Advertising Spend’ is the financial amount that you will commit to the chosen search engines for your campaign. This doesn’t include the management fee.
- ‘Management Fee’ is the charge for BeMySocial to manage your PPC budget.
- ‘Conversions’ is when the client receives an enquiry that has occurred due to the PPC Campaign.
- ‘Social Media’ refers to Facebook, Twitter, LinkedIn and Instagram.
- ‘Likes / Followers’ are 2 of the main things we will report on and measure as part of the Social Media service.
- ‘Facebook’ / ‘Twitter’ / ‘LinkedIn’ / ‘Instagram’ are the 4 Social Media sites that we can use to promote your business.
- ‘Post’ shall be either a tweet via Twitter.com or a post via Facebook.com, Linkedin.com or Instagram.
- The contract between BeMySocial and the client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
- The works to be carried out shall be as set out in the BeMySocial proposal.
- BeMySocial will not tolerate any form of harassment against it’s employees from customers or third parties and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behavior and abuse directed towards our employees thereafter any further communication must be via postal mail only.
Legalities, Copyright and Intellectual Property
- BeMySocial shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal. Please ensure that any images or content you supply or use on your website, is legally available for you to use. We cannot be held responsible for the illegal use of images, content or format of material supplied by the client. BeMySocial reserve the right to remove any website from its servers if it has reason to believe that it is operating illegally.
- Where images used on the website have been purchased by BeMySocial on behalf of the client, these images are restricted by license for use on the website only. BeMySocial are not liable for misuse of these images by the client or any other person’s copying, altering or distributing the images to individuals or other organisations.
- BeMySocial makes no claims that the project may be lawfully viewed or downloaded outside England and Wales. Access to this text content may not be legal by certain persons or in certain countries. If this text content is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this text content are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this text content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any Court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
- BeMySocial cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed is a result of a service offered by BeMySocial.
- Email and phone is our primary method of contact with regard to all communication for your project. If you have any problems with the project you can contact us via the telephone support service during office hours on 0330 043 9493.
- It is the client’s responsibility to inform us by email of any change in email address or phone number so we always have valid contact details. We cannot be held liable in any way for problems relating to communication issues if we are not supplied with a valid email address or phone number. Some of our systems rely on this email to inform you of various important information. We also advise that client’s check junk and spam folders regularly.
- It is important for the client to keep in contact with BeMySocial throughout the project. If a client does not make contact for more than 2 weeks after a draft has been received, we will make up to 5 attempts to contact the client by email or phone number using the email address or phone number for the client held on file. If we do not receive a response to these attempts of contact the project will be considered complete. If the client wishes to postpone the project for a period of longer than 2 weeks, please contact us.
- At the time of proposal, BeMySocial will provide the client with a written estimate or quotation. The terms and conditions can be read on the BeMySocial website.
- The client may send an official order in reply to the estimate or quotation, or an email acknowledging acceptance of the quotation, which binds the client to accept BeMySocial‘s terms and conditions.
- No work on a project will commence until acceptance of the quotation has been received by BeMySocial.
- The placement of an order for a project and/or any other services offered by BeMySocial, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions.
Paying for your project
- Payment terms for your project or service shall be set out in your confirmation order email.
- BeMySocial own all of any project including images and text until final payment has been received in full. On receipt of final payment full ownership of the project are handed to the client.
- For larger projects, such as website development, we will require a staged payment. This would normally be two equal payments of 50% deposit and the remaining 50% to be paid on completion or in 60 days from the project start date, in the unlikely event that your website is not completed due to waiting for content being supplied.
- All payments to BeMySocial for any project or service are non refundable.
- There will be no minimum term for our service but BeMySocial do require a minimum of 1 month notice of a client’s intention to cancel a service. Failure to provide a month’s notice will result in the next month’s invoice becoming due.
Website Design Service
Website Design and Development
- Design is subjective, and for this reason we offer ‘unlimited design revisions’. This means that we will continue to work with you on your design concept until you are happy with our proposal. The unlimited design revision period ends when the client accepts the design proposal. Design changes beyond this point are subject to additional charges.
- Design and layout changes to the internal pages of the website are subject to restrictions within depending on what platform we use. These include WordPress, Magento, Opencart and Skadate developments.
- BeMySocial will provide the client with an expected completion time frame for the project (live on the internet) if requested. In order to provide a completion date a final list of changes are required from the client.
- Open Source software (OSS) is publicly available software that may be adapted or modified to suit particular applications. OSS may be used to help develop elements of the functionality of the client’s website to speed development and add functionality. Where Open Source software is used, the ownership of the site coding and any customisations made by the developer is still passed to the client upon final payment.
- BeMySocial do not take any responsibility for a client’s website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a client’s website, there could be a change in the websites search engine ranking.
- The client also agrees that BeMySocial holds no responsibility for any amendments made by any third party before or after a design is published.
- Any indication given by BeMySocial of a project’s duration is to be considered by the client to be an estimate. BeMySocial cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by BeMySocial for the initial payment or by date confirmed in writing by BeMySocial.
- The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by BeMySocial within 7 days of such instruction being issued, will be liable for the full quoted cost of the project.
- Your website will come with one year of our managed Support service if you choose to use this and your website is on our hosting. Please see terms for managed Support below titled ‘managed Support Terms’
Domain Names and Links
- If required, a domain name will be registered by BeMySocial on behalf of the client once we have received payment in full. These are limited to .co.uk and .com, any additional domain names can be purchased for an additional charge. Although the domain names are registered to us, the client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, we will do this within a reasonable timeframe.
- Domain names require yearly renewal and there is an associated fee for this. Each client who hosts their website with BeMySocial receives 1 free domain name renewal every 12 months as part of their hosting providing they pay their hosting renewal fee. This is limited to .co.uk and .com domains, any other Top Level Domains will carry separate charges.
- Any domain name renewal is the responsibility of the client. BeMySocial will attempt to contact the client by email up to 2 weeks in advance of a domain renewal being due. If the client doesn’t pay to renew their domain name, the domain name shall not be renewed. We advise that you contact us 50 weeks after you purchase or renew a domain if you wish to renew it for another year.
- BeMySocial provides links or references to our client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended client site at all times.
- We place a small text link on the footer of our client’s website that simply states the website was designed by BeMySocial and links to our company website. This link can be removed, if required.
Website Text Copy (Content) & Products
- The client will be offered to utilise the BeMySocial ContentWriter package at an additional charge to the website. If the client doesn’t require this package, BeMySocial will require the client to send all content that is to be added to the website in a Microsoft Word doc file. This excludes products on an ecommerce site as these are to be added by the client once the site is complete. The website content must be received no later than 4 weeks after the design has been approved and signed off. If the client does not send content within this time period, BeMySocial reserve the right to collect the full payment, however we will update the content once you do provide it.
- If your website is an ecommerce store you will need to upload the products yourself using the provided CMS. If you would like us to upload the products on your behalf, we are able to do this for a fee.
- Content & Products are not a reason for the website to be delayed by the client. If we do not receive your products or text in a timely manner we will move on to the next phase of the project and a payment may become due. You are able to upload content and products at any stage using the CMS or by purchasing these from BeMySocial.
- BeMySocial will create you a logo if you do not already have one. The logo will include your company name and strap line if you have one. We are able to change the font used and the colours used. We will also incorporate royalty free template clip art if you would like. We will carry out a maximum of 1 hours work on the logo including changes. If you would like more than this for your logo, we will recommend our premium logo option at an additional cost.
- While a website is hosted with BeMySocial, we shall be available between the hours of 9.30am and 6.00pm Monday – Friday. This excludes all bank holidays. Within a reasonable time period we will look to fix any issues with the website which are not due to a customer’s doing.
- BeMySocial email accounts are available on any device that supports email. These include the Apple iPhone and Samsung Galaxy as well as many others. BeMySocial will provide instructions on how to setup email on these devices via email or phone.
Content Writer Service
- Copy writing is subjective, and for this reason we offer ‘unlimited text content revisions’. This means that we will continue to work with you on your content until you are happy with our proposal. The unlimited content revision period ends when the client accepts the text content proposal. Text content changes beyond this point are subject to additional charges.
- BeMySocial will provide the client with an expected completion time frame for the creation of the text content if requested.
- Text content is provided as a ‘per page’ service. The number of pages of text content we provide shall be based on the amount agreed as per your invoice.
Search Engine Optimisation
- BeMySocial shall create text content with search engine optimisation in mind. This does not mean that the text content has been created specifically to increase a websites ranking on search engines.
- If a website does not ‘perform’ to a client’s expectations, BeMySocial cannot be held liable in any way for this due to the ContentWriter service offered.
- If you choose to pay for SEO monthly we will require you to sign up for automated billing. This can be in the form of a direct debit mandate or a card registered with our systems for recurring monthly payments. BeMySocial require a minimum of 30 days notice of a client’s intention to cancel a campaign.
- If you choose to pay for SEO upfront, BeMySocial carry out any work you have paid for and then you will be billed monthly until you provide written cancellation notice. BeMySocial require a minimum of 30 days notice of a client’s intention to cancel a campaign.
- If the client has opted for the monthly payment option and chosen the ‘Local or National SEO Package’ there is a minimum term of 3 months whereby you can not cancel until after the 3rd month. If you do cancel we will request payment for any remaining months.
- BeMySocial require a minimum of 30 days notice of a client’s intention to cancel a campaign.
- If BeMySocial do not receive payment we will stop working on your site optimisation until payment is received. This may negatively affect your site’s performance on the search engines and the invoiced value will still be due.
- BeMySocial may need to edit your site in order to carry out on page site optimisation work.
- If the client makes changes to the website independently, it is the clients responsibility to ensure BeMySocial are informed of the changes. Failure to do so could result in a negative campaign performance.
- Links used on a client’s behalf as part of an ongoing search engine optimisation may or may not continue to work during the term of the SEO contact or on termination. BeMySocial will attempt to increase the rank of your website on the search Engines. There is however no guarantee that we can do this. Your monthly payment covers the time used to plan and execute the clients SEO campaign. BeMySocial cannot be held responsible for Search engine algorithm changes that could negatively affect the ranking of the client’s website.
- The strategies and campaign objectives created by BeMySocial are done so on a per client basis, BeMySocial cannot be held responsible for any negatively implied impacts of the work completed.
- BeMySocial cannot be held financially liable in anyway with regard to your website ranking on the search engines.
- BeMySocial will not disclose any back links that may be purchase as part of your SEO campaign.
- The BeMySocial SEO service is completely separate to any other BeMySocial service and terms.
- Payments will be taken monthly for the BeMySocial management fee starting on the day the client proceeds and every month thereafter. There will be no minimum term but BeMySocial do require a minimum of 1 month notice of a client’s intention to cancel a campaign. Failure to provide a month’s notice will result in the next month’s invoice becoming due.
- The client shall pay the chosen search engines directly for their advertising spend. BeMySocial will manage this spend. Where a daily budget has been agreed, the client understands that Google may exceed the daily budget on one day and balance up on a different day as per their terms https://support.google.com/adwords/answer/2375423?hl=en
- BeMySocial can only operate on websites that are permitted to advertise on Google, further information on their policy can be found here https://support.google.com/adwordspolicy/answer/6008942 ?hl=en&rd=1
- If BeMySocial do not receive payment we will stop managing your PPC account until payment is received. This may negatively affect the client’s website performance and could lead to increased advertising spend.
- BeMySocial will attempt to improve your website traffic using optimised PPC. There is however no guarantee with this service. Your monthly payment covers the time used to plan and execute the clients PPC campaign.
- Where conversions are measured in terms of end goals on the client site, BeMySocial are not responsible for conversions levels in the case of changes to the site / products by the client. For instance, an increase in product price may bring the conversion rate down irrespective of any actions taken within the PPC campaign.
- BeMySocial is not associated with Google
Social Media Service
- If BeMySocial do not receive payment we will stop managing your Social Media account until payment is received. This may negatively affect the clients website performance and could lead to a fall in likes / followers.
- BeMySocial will attempt to increase your followers / likes on Facebook / Twitter / Instagram. Your monthly payment covers the time used to plan and execute the client’s social media campaign.
- The strategies and campaign objectives created by BeMySocial are done so on a per client basis, BeMySocial cannot be held responsible for any negatively implied impacts of the work completed.
- The BeMySocial Social Media service is completely separate to any other BeMySocial service.
- BeMySocial shall make posts on behalf of the client as agreed in your proposal.
- BeMySocial require the client to create a Facebook / Twitter / Instagram account for us to carry out our services. Due to data protection, BeMySocial can not do this on behalf of the client. We will then require the clients login details for all sites in order to carry out our Social Media campaign.
- BeMySocial shall provide a monthly report to the client detailing some of the achievements of the Social Media campaign. BeMySocial accept no liability for any content posted that is deemed inappropriate by the client. BeMySocial accept no liability for any content posted on the clients Social Media accounts by another person / user.
Ready Made Website Design Service
Website Design and Development
- BeMySocial shall provide access to a themes database via our website where the client can pick their desired website theme if you chose not to go down the bespoke website option. This theme is not customisable and therefore we can not make changes to the layout or design other than inserting / designing a logo, we will change the colours to match your branding and update the website with your content. A theme site is pre-designed and when you select a theme, you agree to use this theme in its current design / layout.
- BeMySocial will provide the client with an expected completion time frame for the project (live on the internet) if requested.
- Open Source software (OSS) is publically available software that may be adapted or modified to suit particular applications. OSS may be used to help develop elements of the functionality of the client’s website to speed development and add functionality. Where Open Source software is used, the ownership of the site coding and any customisations made by the developer is still passed to the client upon final payment.
Hosting, SSL and Search Engine Optimisation
- BeMySocial will host the website if the client requires us to do so and on receipt of full payment of our hosting fees. In doing so, BeMySocial will provide a reliable and professional service to the client at all times, excluding unavoidable technical failures.
- BeMySocial hosting is annually renewable. The date of renewal will be 12 calendar months from the date you signed up. BeMySocial will contact the client 2 weeks before the renewal date and hosting services are not obligated.
- The hosting renewal charge must be received within 28 days of the hosting expiry date. We reserve the right to terminate any website when the hosting has expired and the client has not paid the renewal charge.
- If the client does not use BeMySocial hosting services, then the management and hosting of the domain name are the full responsibility of the client.
- If the client does not wish to renew the hosting the site files and associated data can be made available to the client fee free on request and the domain name can be transferred to the client’s registrar account. Should the client instruct us to upload and configure the site and domain name to a third party server this work will be subject to a charge.
- SSL is provided for 1 year at no charge when you purchase a website and host the website with BeMySocial.
- The yearly hosting fee also includes 1 years SSL renewal.
- BeMySocial do not take any responsibility for a client’s website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a client’s website, there could be a change in the website’s search engine ranking.
BeMySocial Support Terms
- BeMySocial will provide managed Support for the website if the client requires us to do so and on receipt of full payment of our hosting fees 12 months after the website went live. In doing so, BeMySocial will provide a reliable and professional service to the client, excluding unavoidable technical failures.
- BeMySocial managed Support is annually renewable within your hosting renewal with us. The date of renewal will be 12 calendar months from the date you signed up. BeMySocial will contact the client 2 weeks before the renewal date and managed Support services are not obligated.
- Payments for hosting renewals products are non-refundable and non-transferable.
- Charges for graphic design services to be provided by BeMySocial will be set out in the written estimate or quotation that is provided to the client.
- Charges for graphic design work do not cover the release of copyright design files including indd, psd, png, eps, jpg or any other source files; if the client requires these files they will be subject to a separate quotation or ‘buy-out’ charge.
- Publication and/or release of work done by BeMySocial on behalf of the client may not take place before cleared funds have been received.
- All design work will be proofed by the client and written approval given before BeMySocial will release it for publication or print. Whilst all efforts will be made by BeMySocial to ensure the accuracy of work, no liability can be accepted by BeMySocial for errors not highlighted by the client prior to written approval for publication or print.