Essential Marketer

Law and Jurisdiction

Essential Marketer is located in Bromsgrove, England, therefore governed by British Law. This agreement applies to individuals/Businesses from all parts of the world.

Terms & Conditions

Essential Marketer provides SEO services in good faith and so requires a reciprocal relationship with The Client. Under this understanding, Essential Marketer requires the client to refrain from the following practices whilst the contract is in force:

1. Employing the services of another Search Engine Marketing (SEM/O) Company or any other company to work on the Contract Web Site whilst the contract is in force.
2. Employing the services of a Search Engine Submission Company whilst the contract is in force. This practice can undo all previous Contract Web Site work.
3. Creating any duplicate sites to the Contract Web Site, duplicate content, redirects, mirror pages or doorway pages whilst the contract is in force: These can damage the creditability of the Contract Web Site irretrievably.
4. Making requests for exchange links or obtaining actual exchange links with link farms or undertaken any spamming techniques or email broadcasting including, but not restricted to, search engines spamming techniques, such as hidden links, links to link-farms, FFA [Free For All] link pages, redirect or cloaking techniques. Also including submissions to search engines, search directories or other websites without the consent of Essential Marketer. The use of automated web site submission software or automated reciprocal link programs or the purchase of back-links whilst the contract is in force will likewise risk tainting the reputation of the Contract Web Site.
5. During the SEO campaign period you agree to provide a link from your site to Essential Marketer's site for a period of no less than six months from the start of the campaign.
6. Any other unspecified SEO or SEO related activity that may risk harming the Contract Web Site, its Page Rank or its Google status whilst the contract is in force. New programs claiming wild successes appear constantly in Internet promotions.
   1. The Client must inform Essential Marketer in writing if any of the above is currently or has been undertaken prior to contract. If any such work has been undertaken within 2 years prior to the contract, Protocol will not be held responsible for any former guarantees or targets nor, under these circumstances, could Essential Marketer confirm any anticipated successes resulting from the Contract. Essential Marketer will reserve the right to withdraw from any contract with the client if evidence of any such pre-emptive actions surface as damage to the creditability of the Contract Web Site may be evident only slowly and over a considerable time span.
   2. All Works related to the Contract Web Site must be undertaken or sanctioned in writing by Essential Marketer to prevent conflicts within the web site, conflicts with other web sites or conflicts with Google and other search engines.
   3. Essential Marketer may, at its discretion, avoid or have the option to renegotiate the contract if any of the features of infringement items in 1.1.2 to 1.1.5 apply.

Web Hosting

1. Under the contract, the Client agrees not to host on free web space or use domain forwarding whether framed or otherwise.
   
2. If Essential Marketer considers the existing IP address of the Contract Web Site or the associated hosting company may be part of a 'bad neighbourhood' or hosted in an ambiguous or clumsy way that may confuse the search engines, Essential Marketer may request the client to change his/her hosting provider.
   

Guarantees

All Essential Marketer SEO work is conducted in good faith. However, owing to the vagaries, obfuscations and revisions of search engine policy and algorithm modification, no guarantees will ever be given that the Contract Web Site will appear in any advantageous place in the Search Engine Result Pages [SERPS]. New and well-established web sites appear every day in different places due to SEO work applied to them buy others. Essential Marketer can take no account of these, as the evaluation of the work on the Contract Web Site is not in the control of Essential Marketer, but in the hands of the unpredictable search engines, particularly Google. Sometimes, therefore, erratic results become evident although often these can be corrected over time.

3rd Party Fees

The contract includes no provision for third party payments for promotional work outside the control of Essential Marketer. From time to time, various outside promotions may be discussed with the client. Any agreement to extend promotion work to a third party must be agreed in writing by Essential Marketer. For control purposes, these fees will be paid by Essential Marketer and charged monthly to the client together with a 10% administration fee. This may or may not include such services as GoogleAds.

Access

1. To enable Essential Marketer to undertake SEO on the Contract Web Site, the Client grants authority to submit the web Contract Web Site to search engines and selected directories.
   
2. Essential Marketer will retain the ability to change the structure and content of the Contract Web Site. The Essential Marketer work will endeavour not to harm the appearance of the Contract Web Site or any legally sensitive texts of the Contract Web Site, but onus is on the client to approve or disapprove all changes to the visual part of the Contract Web Site.
   
3. Essential Marketer must retain username and password log-on information to enable FTP access to the Contract Web Site. Under the current Data Protection Legislation, Essential Marketer will maintain confidentiality of log-in and all other confidential information provided by the client. The provision of such log-in data and other sensitive information by the client will be deemed to imply an approval to retain the data in the absence of any specific approval statement in the contract.
   
4. The Client must inform Essential Marketer of any other person or company that would have access to or be likely to request access to the Contract Web Site or require data held by Essential Marketer under Item 5.3.
   
5. Essential Marketer endeavours to satisfy all parties who have an interest in the Contract Web Site content. However, the client must allow Essential Marketer to deliver all SEO strategies on the Contract Web Site without interference.
   
6. The client is responsible for ensuring that the Contract Web Site is continually accessible by Internet users and accessible by Essential Marketer for SEO maintenance at all times.
   

Payment Terms

1. All Set-up fees including design, hosting and SEO related work are payable with order.
   
2. Monthly fees are due in advance by standing order or by agreed credit card mandate.
   
3. As of June 2007 the 2% handling fee for all credit card payments is waved unless otherwise stated in the contract.
   
4. If any payment is overdue, Essential Marketer reserve the right to charge the client a fee equal to 2% above the Bank Rate current at the date when payment was due over the number of days that payment is overdue and to suspend a campaign for persistent late payment at its discretion.
   

Cancellation of Service

1. Campaigns run for a rolling 1-month period, unless otherwise stated in the Contract. If the contract is to be terminated, the contract must be cancelled in writing subject to 3-month notice. It can take this long to undo all SEO
   
2. Campaigns cannot be cancelled within the first 12 months, as all SEO work is dependent on Search Engine responses. These responses can be separated by quiescent periods that are often of long duration.
   
3. Cancellation of the service by the client will necessitate the returning of the Contract Web Site to its original format unless that format was a part of the original Essential Marketer design. In which case the original pre-SEO Essential Marketer design, without any subsequent modifications, will be deemed as the original format.