Last updated on February 1st, 2023 at 12:32 pm
ITsold Web Services. Trading Terms and Conditions.
Published 01.03.04. Updated 15.12.22. Effective Immediately.
Terms and conditions
Definition of my terminology I use in this document:
- A ‘client’ is a person, persons, business or organisation using any of the services provided by ITsold.
- ‘Site optimisation’ is the work ITsold have set out to achieve as detailed on the website pages and service quotes supplied to the client.
- ‘SEO auditing service’ I supply is to manage all on page technical aspects of the website as defined on the website pages and service quotes supplied.
- ‘Site’ or ‘website’ is the website as published online and owned by the client.
- ‘Search engine’ will include Google, Bing and Yahoo.
- ‘Rank’ is the position of the client’s website as they appear in the search engine results pages.
- ‘SEO’ (search engine optimisation) is increasing the rank of a client’s website in the search engine results.
The contract between ITsold 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 a written contract signed by both parties within the previous 28 days of an active subscription period.
All signed agreements shall be valid for the period as agreed by both parties from the agreement date after which these conditions shall take effect.
ITsold will begin work within 7 working days of receipt of the initial payment, usually sooner than 7 days. We will process securely all payments via Chargebee or equivalent card processing service or the client may make payment by BACS.
Service payments
I offer 2 types of agreements for you to have access to my services.
They are;
- No contract – this is a one-off service, and the agreement is valid for the duration of the agreed project work. Each project will require a 50% deposit to secure your space in my work diary. The balance is due within 7 days of completion.
- Contract – This is a subscription-based model and requires an annual retainer paid 1/4 in advance. Both parties agree the number of hours required for each project before work begins.
Service guarantee
I offer a unique guarantee that covers a long list of issues and delivers peace of mind to you for 12 months.
Once I have completed a website repair, I check your website for 12 months from the agreed sign off date.
If any of these issues reappear, I will remove them all at no extra cost to you.
I exclude pages or content added to your website after the agreed completion date.
Non-payment for services
If a client makes no payment by the due date, ITsold may take any or all of the following actions in any order it sees fit:-
- Request immediate payment of all the outstanding fees
- Reserve the right to add interest (calculated daily) to the debt at 5% per annum above the base rate of HSBC Bank plc both before and after judgment
- Issue written demands for the sum due
- Suspend all services until I receive full payment
- Request removal of all changes made to the client website which were made with direct reference to work and reports provided by ITsold
- The client understands such implementations are the intellectual property of ITsold and must be paid for in full or removed.
Disclaimer
ITsold will not be responsible for any damages your business may suffer and are not financially liable regarding your website ranking on the search engines.
ITsold shall have no liability for any losses or damages which may be suffered by client (or any person claiming under or through client), whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories:
- special damage, even though ITsold knew of the circumstances in which such special damage could arise
- loss of profits
- loss of expected savings
- loss of business opportunity
- loss of or goodwill
- loss of or damage to data
ITsold will not be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed results from a service offered by ITsold.
The laws of England and Wales govern the terms and conditions of this website. Jurisdiction for any claims arising regarding this website’s Content shall lie only with the courts of England. If they find any provision of these terms and conditions 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.
The terms set out on this page apply to the client signing up to my service through our website and via a written contract as set out in point 2 above.
ITsold makes no warranties of any kind, expressed or implied for services we provide and disclaims any warranty or merchantability or fitness for a particular purpose.
Non-solicitation
The client also agrees that during the term of this agreement and for a period of up to one year after termination of this agreement that they will neither solicit, discuss nor offer any form of employment nor use, hire or utilise in any way the services of any current employee or a person who has been employed by ITsold in the previous twelve months.
If of a breach, a fee equal to twelve month’s salary of the employee or director is payable to the offended party.
Competency
Use of our services requires a certain level of knowledge in using Internet languages, protocols, and software. This level of knowledge varies depending on the expected use and desired content of the client’s Web space by the client.
I offer the following examples:
Web Publishing: requires knowledge of HTML, properly locating and linking documents, ‘FTPing’ documents, creating graphics, text, sound, image mapping, etc.
CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, C Shell scripts, permissions, etc.
E-mail: a knowledge of POP3 service, mail forwarding, use of mail clients to receive mail, etc.
The client agrees that he or she has the knowledge to create and utilise the service. The client agrees it is not the responsibility of ITsold to provide this knowledge or customer support outside of the defined service.
Newsletters.
As a client of ITsold, you may receive newsletters informing you of our news. However, please note that this will only be from ourselves as I do not pass your details to 3rd parties and the maximum number for each email address will be four per year although typically two is the average.
You reserve the right to unsubscribe at anytime.
Complaints procedure
If you have cause for complaint regarding any of the services, I provide please contact me.
Include as much information as possible and also include (if applicable) your account username and domain name and also full contact details so I can reach you if needed.
Reporting abuse
Please email abuse. dept @ itsold.co.uk if you wish to report Trademark/IP abuse, Copyright Infringement or Network abuse (DDOS/Port Scanning/Spam/Botnet).
Code of practice
Services that relate to public electronic communication services (PECS) now require a code of practice dispute resolution.
Assignment
Any aspect of my services or any sales agreement may be assigned by me to any person, firm, company, or 3rd party.
Assignment by the customer is also possible but is subject to confirmation in writing from ITsold and also that the existing customer agrees to act as guarantor of the new customer up to the end of any existing agreement term.
Failure to follow any term or condition will be grounds for the immediate account deactivation and termination of any contract.