These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.
General terms and conditions
This site is owned and operated by Eelan Media Ltd of 143 Hither Green Lane, London SE13 6QF. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at email@example.com or 08450537676
1. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
2. Ownership of rights
All rights, including copyright, in this website are owned by or licensed to Eelan Media Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
3. Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
4. Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
All orders are subject to acceptance and availability. If the Goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
6. Ordering errors
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
The prices payable for goods that you order are as set out in our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.
Wherever it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, offer to sell you the goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.
8. Payment terms
We will charge your credit account for payment upon receipt of your order unless delivery cannot be fulfilled within 30 days. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from your account then we can cancel the contract and or suspend any further deliveries to you. This does not affect any other rights we may have.
9. Delivery charges
Delivery charges vary according to the type of goods ordered.
10.1 Our delivery charges are set out in our website.
[10.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations.]
10.3 Please note that we are only able to deliver to addresses within the United Kingdom, but excluding the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and the Channel Isles.
10.4 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
10.5 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
11. Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.
12. Acknowledgement and acceptance of your order
You will need to provide us with your e-mail address and we will notify you by e-mail as soon as possible to confirm receipt of your order and e-mail you again to confirm details. An acceptance of your order will take place on despatch of the good(s) ordered.
13. Cancellation rights
13.1 Under the Distance Selling Regulations you have the legal right to cancel your order within seven days of receipt of your goods (with the exception of any made to order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. However, you will need to notify us if you wish to cancel your contract. Your cancellation notice must quote your name, address, the name or a description of the goods and your order reference number.
13.2 You will not have a right to cancel an order for any goods or services purchased from us, in the following situations:
1. If you expressly agree to us beginning to provide any services before the end of the cancellation period.
2. The Contract is for goods which are bespoke or have been personalised or which may deteriorate (such as food)
3. The Contract is for goods and/or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us
4. The Contract is for the sale of land, auctions and financial service agreements
5. The Contract is for the supply of:
1. Audio or video recordings and computer software if unsealed by you
2. Audio or video recordings and software and other items that you have successfully downloaded where a free trial or demonstration was available to you to view or download
3. Newspapers, magazines and other periodicals
4. Gaming, betting and lottery services
13.3 If you have received the goods before you cancel your contract then [unless, under clause 13.2, for which you do not have a right to cancel] you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
13.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
13.5 You will be re-credited for the costs incurred in returning faulty or unsatisfactory goods.
13.6 Any ongoing services provided by Eélan Media Ltd are carried out under a 3 month, 6 month or 12 month agreement with the client. If this agreement is not cancelled by the client within 7 days of the end of the current period, then the service agreement shall be renewed for a further 3, 6 or 12 months accordingly. If the Client wishes to terminate any ongoing services they must contact Eelan Media Ltd on 0845 053 7676 or email hello @ eelanmedia. If any payments are terminated by the Client while there are further payments remaining within the agreement period, the Client shall be responsible for paying this total balance within 30 days. If the balance remains unpaid after the stated period, the account shall be passed on to a debt recovery agency.
14. Cancellation by us
14.1 We reserve the right to cancel the contract between us if:
14.1.1 we have insufficient stock to deliver the goods you have ordered;
14.1.2 we do not deliver to your area; or
14.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
14.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.
15.1 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 60 days of the date on which you ordered the goods (unless this is not reasonably practicable). If you notify a problem to us under this condition, our only obligation will be, at your option:
15.1.1 to make good any shortage or non-delivery;
15.1.2 to replace or repair any goods that are damaged or defective; or
15.1.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
15.2 Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.
15.3 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
15.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at (insert postal address) and all notices from us to you will be displayed on our website from to time.
17. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
18. Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
21. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
[For the purpose of the Data Protection Act 1998, Ola Agbaimoni is our data controller.]
1. Collected Information
Data can be collected and processed during the operations of our website. The following are ways we may perform these actions:
1.1 Data regarding your visit(s) to our website and any resources used are collected. The following is included and not limited to: location data, weblogs, traffic data, and any other communication information.
1.2 Any forms you filled out on our site allows us to collect data such as registering for information or when you complete a purchase.
1.3 If for any reason you communicate with our personnel or site we may collect information.
2. Cookie Usage
Any information collected will not have any identifying data. It is statistical data about our visitors and how they have used our site. No personal details will be shared that could identify you.
We may assemble information about your common internet use with a cookie file. When used, the cookies are downloaded to your computer automatically. The cookie is stored on the hard drive, with transferred information. The data sought by the cookie helps us improve our website and any service offered to you.
Your browser has the ability to decline cookies. This is done by setting your browser options to decline all cookies. Note: if you do decline the download of cookies, some aspects of our site may not work or allow you access.
Our advertisers may download cookies to which we have no control. If used, these cookies are downloaded by clicking on an advertisement found on our website.
3. Our Use of Your Information
Information stored or collected regarding you helps us improve and offer services you need. The following list contains how we might use your data:
3.1 Any request you make of our site or personnel allows us to use information you provided us with, relating to the products or services we have. We may also send information on products or services you may be interested in, as long as consent has been received.
3.2 Contract Commitments: To meet any Commitment we make to you.
3.3 Changes or Improvements made to the site can warrant use of your information, with regard to notification of such changes.
3.4 An existing customer may be contacted regarding products and services related to any item of previous sale you made on our site.
3.5 We may use data or allow third parties to use information that is not related to goods or services you may be interested in. We or third parties contact you only if consent has been provided by you at anytime, based on information we collected.
3.6 Any new customer can only be contacted by us or third parties if consent has been offered via our site. We only send communications you have consented to.
3.7 Anyone who does not wish to give consent for our site or third party use has the opportunity to decline. Once we receive your withhold for consent we will remove your details from any mailings or third party communications.
3.8 None of the information collected about you will offer identifiable characteristics. Information shared to a third party is statistical only. We will not reveal who you are, only mathematical information about our visitors.
4. Personal Data Storage
4.2 Information we are provided will be stored on secure servers. Transaction data is encrypted for your safety.
4.3 You should understand data via online transmission is not completely secure. We cannot guarantee full protection and security data, only that we take all reasonable action to protect information sent to us electronically. Transmission of any data by you is at your own risk. Where applicable you may be given access to sections of our site that require a password. You are responsible for the passwords safety and confidentiality.
5. Information Disclosure
5.1 At times we may disclose personal information to persons in our group. This can include subsidiaries, holding companies, or any other subsidiaries involved in our business, if applicable.
5.2 Third Party disclosure may occur for the following reasons:
5.2.1 Selling any or all of our business to a third party may result in sharing your information.
5.2.2 At any time when we are legally required to we may disclose information about you and your visits to our sites.
5.2.3 To prevent fraud and help in fraud protection in order to reduce credit risk, we may disclose information.
6. Third Party Links
7. Information Accessibility
We cannot withhold data we collect about you, as per The Data Protection Act 1998. This act provides you with access to any information we may hold on you. If you wish to have access about our data collection on you please pay our fee of £10. The fee covers our costs for processing your request and getting the data to you. Please use the contact details below to formulate your data access request.
8. Contacting Us
Website – terms and conditions of use
Please read these terms and conditions carefully as they contain important information about your rights and obligations when using this website (the ‘Website’) and in particular clause .3
The Website is owned and operated by Eelan Media Ltd (‘we’/’us’/’our’) of 143 Hither Green Lane SE13 6QF.
The term ‘you’ refers to the user or viewer of our Website.
1.1 You will be able to access parts of the Website without having to register any details with us. However, from time to time certain areas of this Website may be accessible only if you are a registered user.
1.2 You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.
1.3 We make reasonable efforts to ensure that this Website is available to view and use 24 hours a day throughout each year however, this is not guaranteed. The Website may be temporarily unavailable at anytime because of: server or systems failure or other technical issues; reasons that are beyond our control; required updating, maintenance or repair.
1.4 Where possible we will try to give you advance warning of maintenance issues but shall not be obliged to do so.
2. REGISTERING ON THIS WEBSITE
2.1 When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
2.2 By registering on the Website you undertake:
2.2.1. That all the details you provide to us for the purpose of registering on the Website are true, accurate, current and complete in all respects
2.2.2. You will notify us immediately of any changes to the information provided on registration
2.2.3. You are over 18 or if under 18 you have a parent or guardian’s permission to register with the Website in conjunction with and under their supervision
2.2.4. To only use the Website using your own username and password
2.2.5. To make every effort to keep your password safe
2.2.6. Not to disclose your password to anyone
2.2.7. To change your password immediately upon discovering that it has been compromised
2.2.8. To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them
2.3 You authorise us to transmit your name, address and other personal information supplied by you (included updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
3. ELIGIBILITY TO PURCHASE FROM THE WEBSITE
3.1 To be eligible to purchase the Products on this Website and lawfully enter into and form contracts with us, you must:
3.1.1.Be based in the UK
3.1.2.Be legally capable of entering into a binding contract
3.1.3.Provide full details of an address in the United Kingdom or the European Economic Area (if you reside in the EEA) for the performance or delivery of the Products
4. INTELLECTUAL PROPERTY
4.1 The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Eelan Media Ltd moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world).
4.2 You acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
4.3 You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
4.4 You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
4.5 You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
4.6 You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
4.7 No licence is granted to you to use any of our trademarks or those of our affiliated companies.
5.1 It shall be your responsibility to ensure that any products, services or information available through the Website meet your specific requirements.
5.2 We will not be liable to you if the Website is unavailable at any time.
5.3 We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.
5.4 All drawings, images, descriptive matter and specifications on the Website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.
5.5 Any prices and offers are only valid at the time they are published on the Website.
5.6 All prices and descriptions supersede all previous publications.
5.7 Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
5.8 The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these terms and conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
5.9 We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
5.10 We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.
5.11 We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you.
5.12 You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
5.13 We reserve the right to disclose such information to law enforcement authorities as we reasonably feel is necessary should you breach this agreement.
6. USE OF THE WEBSITE
6.1 You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these terms and conditions, as may be amended from time to time without notice to you.
6.2 We provide access and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law.
6.3 We reserve the right to:
6.3.1.Make changes to the information or materials on this Website at any time and without notice to you.
6.3.2.Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party.
6.3.3.Refuse to post material on the Website or to remove material already posted on the Website
6.4 You may not use the Website for any of the following purposes:
6.4.1.Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
6.4.2.Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise
6.4.3.Breaching any applicable local, national or international laws, regulations or code of practice
6.4.4.Gaining unauthorised access to other computer systems
6.4.5.Interfering with any other person’s use or enjoyment of the Website
6.4.6.Breaching any laws concerning the use of public telecommunications networks
6.4.7.Interfering with, disrupting or damaging networks or websites connected to the Website
6.4.8.Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website
6.4.9.To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation
6.4.10.To create and/or publish your own database that features all or substantial parts of the Website
6.4.11.Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner
6.5 In addition, you must not:
6.5.1. Knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website
6.5.2. Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it
6.5.3. Attack the Website via a denial-of-service attack or a distributed denial-of service attack
6.5.4. Damage or disrupt any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website
6.6 A breach of this clause may be a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
7. SUSPENDING OR TERMINATING YOUR ACCESS
7.1 We reserve the right to terminate or suspend your access to the Website immediately and without notice to you if:
7.1.1. You fail to make any payment to us when due
7.1.2. You breach the terms of these terms and conditions (repeatedly or otherwise)
7.1.3. You are impersonating any other person or entity
7.1.4. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
7.1.5. We suspect you have engaged, or about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website
8. LINKING TO THE WEBSITE
8.1 You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
8.2 Any agreed link must be:
8.2.1.To the Website’s homepage
8.2.2.Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
8.2.3.Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
8.2.4.Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists
8.3 We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
8.4 We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
9. EXTERNAL LINKS
9.1 To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
9.1.1. The privacy practices of such websites
9.1.2. The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
9.1.3. The use which others make of these websites
9.1.4. Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources
10. LIMITATION OF LIABILITY AND INDEMNITY
10.1 Notwithstanding any other provision in these terms and conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
10.1.1. Death or personal injury resulting from our negligence
10.1.2. Fraud or fraudulent misrepresentation
10.1.3. Action pursuant to section 2(3) of the Consumer Protection Act 1987
10.1.4. Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
10.2 We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below mentioned losses which you have suffered or incurred arising out of or in connection with the provision of any matter in these terms and conditions even if such losses are foreseeable or result from a deliberate breach by us or as a result of any action we have taken in response to your breach:
10.2.1. Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
10.2.2. Any loss of goodwill or reputation; or
10.2.3. Any special or indirect losses; or
10.2.4. Any loss of data
10.2.5. Wasted management or office time
10.2.6. Any other loss or damage of any kind
10.3 You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these terms and conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
10.4 This clause does not affect your statutory rights as a consumer.
11.1 We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
11.2 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in these terms and conditions and the remainder of the provision in question will not be affected.
11.3 All Contracts are concluded and available in English only.
11.4 If we fail, at any time to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
11.5 A waiver by us of any default shall not constitute a waiver of any subsequent default.
11.6 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
GOVERNING LAW AND JURISDICTION
1 The Website is controlled and operated in the United Kingdom.
2 These terms and conditions will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
SEO BOOST PACKAGE TERMS AND CONDITIONS
Terms and conditions for SEO Boost Package
1. Eelan Media Ltd will provide the Client with Search Engine Optimization Services (hereinafter referred to as “SEO”) as described in this contract. Eelan Media Ltd will use specific keywords and/or phrases, as chosen by the Client, to improve the search engine ranking of, and/or position the contents of the Client’s website (hereinafter referred to as “the domain”).
2. The total fee for the SEO services is to be £65 per month for 5 key phrases, £75 for 10 keyphrases, £95 for the advanced SEO package and £125 for the enterprise SEO package. Payment is made by debit or credit card using a secure recurring billing payment, with the initial first month payment being made in advance before the campaign begins. A setup fee of £1 will be billed to the card to authorise the setting of the recurring card transaction. This £1 will be debited from the customer’s card immediately, with the first month’s payment being debited the following morning. Each payment is made at the beginning of each monthly period of the campaign. The period of the contract is 3 months on a rolling basis and may be cancelled within 2 weeks of any given 3 month cycle coming to an end, through contacting Eelan Media Ltd using one of the methods below:
Calling 0845 053 7676
No card details are stored on our system. They are stored on a highly secure third party server that uses heavy encrytion to ensure the safety of all customers details. Card details are stored in such a way that any representative of Eelan Media Ltd or any third party is unable to view them once saved.
Eelan Media Ltd’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 targeted online traffic to the site.
3. Eelan Media Ltd’s SEO Services will include (but are not limited to):
• Advice with keywords and phrases to select appropriate, relevant search terms (up to 5 phrases per campaign depending on the package chosen).
• Obtaining “back links” from other related websites and directories in order to generate link popularity and traffic (up to 300 within each 3 month cycle).
• Advice for optimising website content and code for various html tags, meta data, page titles, and page text as necessary.
• Submission of the Client’s website to around 150,000 search engines over each 3 month cycle.
• Analysis and recommendations on optimal website structure, navigation, code, etc. for the best on page SEO.
• Recommend, as required, additional web pages or content for the purpose of “catching” keyword/phrase searches.
• Creating site reports with an up-to-date content analysis for the Client’s website at the start of the campaign and every 3 months thereafter.
4. For the purposes of receiving professional SEO services, Client agrees to provide the following:
• Domain name
• 5 Key phrases
5. Client must acknowledge the following with respect to SEO services:
• All fees are non-refundable.
• All fees, services, documents, recommendations, and reports are confidential.
• Eelan Media Ltd 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, Eelan Media Ltd does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term. However, if Eelan Media Ltd fails to increase traffic to the site after 3 months of service, a free consultation for the editing of keywords shall be offered along with the option to add an extra full SEO campaign to the Client’s website for £5 per month.
• Google has been known to hinder the rankings of new websites (or pages) until they have proven their viability to exist for more than a certain amount of time. This is referred to as the “Google Sandbox.” Eelan Media Ltd assumes no liability for ranking/traffic/indexing issues related to Google Sandbox penalties.
• 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 a further 2 months, a free consultation for the editing of keywords shall be offered along with the option to add an extra full SEO campaign to the Client’s website for £5 per month.
• 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.
• Linking to “bad neighbourhoods” or getting links from “link farms” can seriously damage all SEO efforts. Eelan Media Ltd does not assume liability for the Client’s choice to link to or obtain a link from any particular website.
6. Eelan Media Ltd is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
7. Additional Services not listed herein, such as managing pay-per click campaigns, copywriting, social media management, may be provided for additional fees.
8. The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided 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 Eelan Media Ltd and its subcontractors from any liability or suit arising from the use of such elements.
9. Eelan Media Ltd is not responsible for the Client or Client’s webmaster hindering the effect of the SEO campaign through any means such as website content editing, back link building or any other acts which may reduce the ranking on search engines.
10. Eelan Media Ltd holds no responsibility for any damage, loss of earnings or any other unwanted consequences which may result from using the SEO services.
11. Additional SEO campaigns for the same website may be purchased at a reduced rate for £10 per month while the client is paying £65 per month for the SEO services. These client must choose a further 5 key phrases and a sub page or sub domain on the same website for each additional campaign.
10. Termination of SEO services:
If the Client wishes to terminate the SEO service, this may only be done according to the time scale of each 3 month cycle of the campaign using the methods listed in section 2. If the recurring card payment is terminated by the Client with payments remaining within the current 3 month cycle, the Client shall be responsible for paying this total balance within 30 days. If the balance remains unpaid after the stated period, the account shall be passed on to a debt recovery agency.
RANKING REPORT TERMS AND CONDITIONS
1. Eelan Media Ltd will complete a ranking report for the customer which will include various graphs and diagrams to illustrate the website(s) placement within the search engines of Bing, Yahoo and Google for 5 or 10 keyphrases, dependant on what package the customer has chosen. The ranking report will not utilise techniques which could affect the website’s ranking in any way.
2. The total fee for the ranking report is to be £19.99 per month regardless of which SEO package the client purchases. Payment is made by debit or credit card using a secure recurring billing payment, with the initial first month payment being made over the telephone before the campaign begins. A setup fee of £1 will be billed to the card to authorise the setting of the recurring card transaction. This £1 will be debited from the customer’s card immediately, with the first month’s payment being debited the following morning. This £1 not be debited if the ranking reports are being purchased along side an SEO package as this authorisation payment is only required once to register the card. Each payment is made at the beginning of each monthly period. The period of the ranking report contract is 3 months, this is on a rolling basis and may be cancelled within 2 weeks of any given 3 month cycle coming to an end, through contacting Eelan Media Ltd (please see SEO Boost contact above).
3. No card details are stored on our system. They are stored on a highly secure third party server that uses heavy encrytion to ensure the safety of all customers details. Card details are stored in such a way that any representative of Eelan Media Ltd or any third party is unable to view them once saved.
Although we endeavour to achieve the highest search placement possible, we do not guarantee that the subscriber’s website shall reach page one of any search engines, neither do we guarantee any changes in website ranking through the use of the service. We hold no responsibilities for any consequences brought around through the use of the service.