Easy Internet Services Ltd trading as “123 Ranking” agrees to furnish search engine marketing and in some cases social media and web design services to the customer, subject to the following Terms of Service. Use of our services constitutes acceptance and agreement to our Terms of Service.
The Terms of Service may be modified by giving 45 days advance warning to customers of impending changes. The customer understands that change to the policies by Easy Internet Services Ltd shall not be grounds for early termination or non-payment of search engine marketing services. These Terms of Service shall be construed in all respects to be in accordance with the laws of the United Kingdom of Great Britain, Scotland, Wales and Northern Ireland.
1. Tenure of Service – The customer agrees that the tenure for the search engine marketing services is scheduled for 1 (one) year. Although we recommend a one year tenure, we will not hold customers to a full one year contract.
2. Nature of Service – The customer agrees that the search engine marketing service offered is a budget service, offering guarantees on a minimum level of performance expected for selected packages only, and only when explicit guarantees have been agreed in writing. The customer accepts that we will not disclose where we build links.
2.1 Easy Internet Services Ltd will work hard to achieve top positions based on the package purchased. Although Easy Internet Services will endeavour to achieve these positions, no guarantees are offered or implied that these positions will be achieved or maintained, unless we have agreed in writing that guarantees can be offered for you on any 3 package. All setup fees, regardless of the plan, are non-refundable.
2.2. Any guarantees offered on the packages are at Easy Internet Services Ltd’s discretion. They apply to positions within Google and refer to a first-page listing. With the 123 Ranking Money Back Guarantee, Easy Internet Services Ltd can guarantee that within 6 to 12 months for your plan, we will achieve a minimum of three first page positions, or the customer will get an agreed percentage of their money back (only applicable where explicit guarantees have been given). Set up fees and additional fees such as VAT cannot be refunded. No guarantees will be made for a specific keyword or specific position.
2.2.a. Any guarantees offered on our No Placement, No Fee package apply to positions within Google and refer to a first-page listing. With the No Placement, No Fee package, Easy Internet Services Ltd guarantees that within 6 months we will achieve a minimum of three first page positions, or the customer will get their money back (only applicable where explicit guarantees have been given). Set up fees and additional fees such as VAT cannot be refunded. No guarantees will be made
for a specific keyword or specific position.
2.3. Should any and all recommendations made by Easy Internet Services Ltd not be implemented, any third party work be undertaken which negatively affects work carried out by Easy Internet Services Ltd, or any work carried out by Easy Internet Services Ltd not be kept in place at all times, all guarantees will be forfeited.
3. Customer Responsibilities – for the purposes of providing these services, the customer agrees:
3.1. To provide Easy Internet Services Ltd with access to their website for uploading new pages and making relevant changes for the purpose of SEO services, or approval to do this through a third party. The scope of our technical changes is limited to websites that are using a CMS platform. The overall responsibility of making technical changes resides with the customer and where necessary the customer must ask their web designer or developer to action the recommended changes.
3.2. To authorise Easy Internet Services Ltd use of all the customer’s logos, trademarks, website images, etc., for use in creating informational pages and any other uses as deemed necessary by Easy Internet Services Ltd for search engine positioning and optimisation.
3.3. That if the customer’s website(s) is light in text content, the customer will provide requested relevant text content in electronic format for the purpose of improving the website’s Google rankings. Easy Internet Services Ltd can also create text content for an additional charge. Text content will be approved by the customer in advance of uploading, so Easy Internet Services Ltd are not liable for any issues that arise relating to content.
3.4. The customer agrees that optimisation is based on the keywords agreed between Easy Internet Services Ltd and the customer. The customer therefore acknowledges the importance of choosing and prioritising the keywords that the customer and Easy Internet Services Ltd wish to target.
3.5. The customer agrees that listings will appear within multiple search engines but our optimisation will focus on Google.
3.6. The customer agrees that where applicable, any time-sensitive guarantees commence once the order has been confirmed and payment cleared.
3.7. The customer agrees that where applicable, any guarantees are subject to Easy Internet Services Ltd having access to optimise the website, or if access is not allowed, all recommended changes must be carried out to the satisfaction of Easy Internet Services Ltd. Should the customer’s site be totally inaccessible, Easy Internet Services Ltd reserves the right to use advanced off-site search engine positioning techniques to secure the necessary positions.
3.8. Once the customers’ website has been optimised, the customer agrees that they are responsible for ensuring the optimisation work carried out by Easy Internet Services Ltd is not overwritten by either the customer or any third party. In the event of this work being overwritten, Easy Internet Services Ltd reserves the right to withdraw any guarantees made at the outset.
3.9. The customer agrees in the event that the optimisation work is overwritten by either the customer or any third party to contact Easy Internet Services Ltd immediately. The customer agrees that Easy Internet Services Ltd may, at its discretion, apply an additional charge of at least £100 + VAT for the restoration and remedial work required. Easy Internet Services Ltd cannot accept any responsibility for loss of positions whilst this optimisation is not in place on the site.
3.10. In the event of the customer not being satisfied, they can cancel at any time (giving 30 days notice); refunds are discretionary. We can not guarantee the amount of traffic being generated to the site or level of sales or enquiries.
3.11. The customer agrees that any decision regarding any re-optimisation made by Easy Internet Services Ltd will be final and agrees that no further action will be taken to challenge the decision.
3.12. Should the customer ask to add keywords that were not originally agreed upon, Easy Internet Services Ltd will agree on the acceptance from the customer that no guarantees will apply to the additional keywords.
3.13. Easy Internet Services Ltd agrees any guaranteed positions will be maintained throughout the tenure of the service.
3.14. The customer agrees that while Easy Internet Services Ltd endeavours to exceed any guarantees, positions achieved beyond the scope of any guarantees are not guaranteed to be maintained as part of the search engine marketing services.
3.15. The customer agrees that Easy Internet Services Ltd does not own nor control the search engines or directories. The customer understands that should a search engine refuse to accept the customer’s website for inclusion or if the search engines cached pages are not updated and it negatively impacts positions, regardless of any fees paid, a refund will not be taken against Easy Internet Services Ltd.
3.16. Due algorithm updates we no longer guarantee inbound links. Any methods used to obtain the links will be at the discretion of Easy Internet Services. These methods will not be detrimental to the customer, their site, or business at the time of placement. However, Easy Internet Services Ltd cannot be held liable for links that were built in good faith but later deemed bad by the search engines.
3.17. Inbound links built by Easy Internet Services Ltd to customers’ websites are built in good faith and will not be disclosed to customers.
3.18. The customer agrees that neither party will be liable for, or will be considered to be in breach of or default under this agreement on account of, any delay or failure to perform as required by this agreement as a result of any causes or conditions that are beyond such party’s reasonable control and that such party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected party will give prompt written notice to the other party and will use commercially reasonable efforts to minimise the impact of the event.
3.19. The customer agrees that Easy Internet Services Ltd is not responsible for the maintenance of the customer’s website, including updates for any blog sections, plug-ins, or additional features installed or changed by Easy Internet Services Ltd for the purposes of search engine marketing as included in the customer’s chosen package. Content management systems such as WordPress, plug-ins, and other elements of customers’ websites may be updated and maintained by third parties, and as such Easy Internet Services Ltd cannot be held responsible for any issues that arise as a result of updates to these, or lack thereof. It is the responsibility of the customer to ensure their website and all associated plug-ins and features are kept up to date for the purposes of compatibility, security, and performance.
3.20. The customer agrees that Easy Internet Services Ltd is not responsible for any functionality issues or problems with the customer’s website which may occur as a result of updates made by Easy Internet Services Ltd on behalf of the customer. Any updates to the website by Easy Internet Services Ltd, whether an additional payment has been made by the customer for the updates to be made by Easy Internet Services Ltd or not, are completed at the customer’s own risk. Easy Internet Services Ltd recommends taking regular backups of the website so that in the unlikely event of any issues, it can be restored to its previous format.
4. Cancellation – If an agreement is stopped, paused, or cancelled for non-payment, or lack of communication, or terminated by Easy Internet Services Ltd or the customer at any time, this will result in all ongoing work also being cancelled, including Google Ads campaign management, social media management, and any additional work unless otherwise stated.
4.1. In the unlikely event that you choose to end your contract with Easy Internet Services it is solely your responsibility to remove any access you have granted Easy Internet Services to, for example, CMS logins, FTP details, Google accounts or services, or any other accounts.
5. Indemnification – The customer shall indemnify and hold harmless Easy Internet Services Ltd (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred as a result of any claim, judgement, or adjudication related to or arising from:
(a) any photographs, illustrations, graphics, audio clips, video clips, text, data, or any other information, content, display, or any other material (whether written, graphic, sound, or otherwise) provided by the customer to Easy Internet Services Ltd (the “Customer Content”), or
(b) a claim that Easy Internet Services Ltd’s use of content provided by the customer infringes the intellectual property rights of a third party.
(c) any images or videos provided to the customer by Easy Internet Services Ltd will be sourced from free to use image websites under the terms that they are free to use and do not infringe on any copyright laws.
6. Limited Liability – In no event Easy Internet Services Ltd shall be liable to the customer for any indirect, exemplary or consequential damages. This to include any implied warranty of merchantability or fitness for a particular purpose or implied warranties arising from course of dealing or course of performance, lost profits, whether or not foreseeable or alleged to be based on breach of warranty, contract, negligence or strict liability arising under this agreement. Loss of data, or any performance under this agreement, even if such party has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy provided herein. There shall be no refunds. Easy Internet Services Ltd makes no warranty of any kind in regards to above stated events, whether express or implied, with regard to any third party products, third party content or any software obtained from third parties.
7. Free Internet Hosting Account – Easy Internet Services Ltd agrees, upon request and if possible, to provide to the
customer a free internet hosting account for one year.
7.2. The customer agrees that the exact technical specification of the Free Internet Hosting Account is subject to change at the discretion of Easy Internet Services Ltd.
7.3. The customer agrees that, should the customer decide to end the search engine marketing services with Easy Internet Services Ltd, the customer will be subject to a hosting fee if they decide to continue the Internet Hosting Account.
7.4. The customer agrees that the Free Internet Hosting Account is only available for one (1) year after which the customer agrees to be subject to a hosting fee if the customer decides to continue the Internet Hosting Account.
8. GDPR – By agreeing with these Terms of Service, you are agreeing to have personal information stored for the purpose of processing said information in order to provide the services required by the customer. Easy Internet Services Ltd is bound by the regulations to disclose any and all customer information to any law enforcement agent who makes a written request without further consent or notification to the customer.
8.1. Easy Internet Services Ltd may from time to time use your information for our own marketing purposes until such time as you ask us not to.
8.2. Under GDPR regulations, you have the following rights relating to your data:
The right to be informed
The right of access
The right to rectification
The right to erasure
The right to restrict processing
The right to data portability
The right to object
Rights in relation to automated decision making and profiling
9. Service Rates – The customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the customer. The customer agrees that the Easy Internet Services Ltd may change the specified rates and charges from time to time. The specified rates and charges will remain with the customer for the duration of the current Tenure of Service and will not take effect until renewal of the search engine marketing services.
10. Payment – The customer agrees that establishment of search engine marketing services is dependent upon receipt by Easy Internet Services Ltd of payment of stated charges. Customers who choose an option which allows for payment to be made throughout the tenure of the service, either quarterly, monthly, or yearly, agree to ensure that payments are received as requested throughout the Tenure of Service and understand that failure of payment will lead to all services with Easy Internet Services Ltd being suspended. Credit card payment methods on either a quarterly or monthly basis are automatically deducted from the customers’ credit or debit card on the appropriate scheduled dates via ‘Stripe’ or ‘GoCardless’ once the customer has agreed either verbally or in writing to accept the order and terms and conditions. Acceptance by writing is agreeing to place the order and paying the initial set-up fee.
10.1. Customers can choose to pay by standing order, either monthly or quarterly. Any payment requests that fail may incur an additional £25 + VAT administration fee at the discretion of Easy Internet Services Ltd.
10.2. It is down to Easy Internet Services Ltd discretion on whether an additional charge of 2% is payable where a customer’s credit card fails due to the customer’s limits exceeding on their credit card.
11. Refund and Disputes – All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred.
11.1. Easy Internet Services Ltd agrees to allow the customer to end their search engine marketing services at any time (subject to a 30 day notice period). The customer agrees that, should they choose to end their search engine marketing services, to forfeit all refunds. Any refund requested from the customer based on their own decision to leave will be entirely at the discretion of Easy Internet Services Ltd.
11.2. If the customer feels entitled to a refund under a guarantee then the customer agrees to make a written request which will then be considered.
11.3. The customer agrees that the method of refund will be at the discretion of Easy Internet Services Ltd.
11.4. The customer agrees that any decision regarding any refund made by Easy Internet Services Ltd will be final and agrees no further action will be taken to challenge the decision.
11.5. It is the responsibility of the customer to cancel any recurring payment subscriptions in the event that they cancel their packages or services with Easy Internet Services Ltd.
12. The customer agrees that the Rank 1 package is a strict time limited package and that time spent answering support requests can eat into the time allocated each month. The customer agrees that the rank 1 package does not include telephone support, all support requests must be submitted via your dedicated client area. Requests for telephone support will result in additional charges at £40+vat per 30 minutes.
12.1 If you choose to cancel your rank 1 package, you can continue to use our website monitoring tools for a small monthly fee.
12.2 The customer agrees that the first month’s payment on a rank 1 package covers the set up of the digital marketing dashboard and additional campaign monitoring tools and is non-refundable.
12.4 The customer agrees that it is their responsibility to implement any updates on a rank 1 package. For a small fee, our developers can implement the changes for you.
13. DISCLAIMER OF WARRANTIES (Digital marketing dashboard & third party tools).
Customers understand and agree that your use of the digital marketing dashboard, third party tools, and any of the services or content provided (the “service”) are at your own risk. Services and content are provided to you as is, and Easy Internet Services Ltd expressly disclaims all warranties of any kind, either implied or expressed, including but not limited to warranties of merchantability, fitness for particular purpose, and non-infringement.
13.1 Easy Internet Services Ltd makes no warranty, either implied or expressed that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, or of any specific quality, nor is it warranted either implicitly or expressly that any content is safe in any manner for download.
13.2 You understand and agree that neither Easy Internet Services Ltd nor any participant in the service provides professional advice of any kind and that any advice or any other information obtained via the website may be used solely at your own risk, and that Easy Internet Services will not be held liable in any way.