By engaging the services of Osca Digital LTD(hereafter referred to as Osca Digital LTD) you confirm that you have read, are in agreement with and bound by the terms and conditions set out below.
The Client: The company or individual requesting the services of Osca Digital LTD.
Osca Digital LTD: Provider of search engine optimisation (SEO), pay per click (PPC), other marketing, website hosting and web design services.
Osca Digital LTD will carry out work only where an agreement is provided either by email, telephone, mail or fax. An ‘order’ is deemed to be a written or verbal contract between Osca Digital LTD and the client, this includes telephone and email agreements.
Search Engine Optimisation (SEO), Pay Per Click (PPC), General Marketing & Web Design
Whilst every endeavour will be made to ensure that the Clients website and any scripts or programs are free of errors, Osca Digital LTD cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.
Websites, graphics and any programming code remain the property of Osca Digital LTD until all outstanding accounts are paid in full.
Any scripts, applications, articles or software (unless specifically agreed) written by Osca Digital LTD remain the copyright of Osca Digital LTD and may only be commercially reproduced or resold with the permission of Osca Digital LTD.
Osca Digital LTD cannot take responsibility for any copyright infringements caused by materials submitted by the client. Osca Digital LTD reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
The client agrees to make available as soon as is reasonably possible to Osca Digital LTD all materials, passwords, log-ins and any other information required to complete the SEO, PPC or any other campaign or web design project to the agreed standard and within any pre-agreed set deadlines.
Osca Digital LTD will not be liable for costs incurred, compensation or loss of earnings or income due to the failure to meet agreed deadlines, goals or targets.
Osca Digital LTD will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
Osca Digital LTD will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Osca Digital LTD will not be liable for the cost of paid clicks, website traffic or payments due to Google or Facebook or any other advertising provider for pay per click advertising campaigns.
Osca Digital LTD will not be liable for any content added to the site, or any other content, comments, reviews, articles or press releases published anywhere online, in particular clients should ensure any content written by Osca Digital LTD and published online meets with their approval and must notify Osca Digital LTD within seven days of publication if any such content needs to be amended or removed.
Disclaimers and limitations on liability
Osca Digital LTD shall not be responsible for URLs dropped in rank on any search engine, excluded or otherwise penalised by a search engine for any reason, websites can go down as well as up in search results.
Osca Digital LTD cannot guarantee that increased rankings in search engines will result in more enquiries or more new business.
Osca Digital LTD shall not be responsible for delays or failure of performance resulting from Internet Service Provider delivery problems or failure, or any communication or delivery problems associated with Client’s receipt of the Account Service data. Osca Digital LTD shall not be responsible for acts or causes beyond their control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, power failures, earthquakes, or other disasters.
Whilst every effort will be made to achieve the best positions in the major search engines, Osca Digital LTD do not guarantee or warrant that Client’s URLs will achieve a favourable position, or any position, within a particular search engine. We must stress that there is no guarantee to our services. We do not have the ability to offer a guarantee on the rank that our clients will achieve. We also cannot calculate or even estimate the amount of increased traffic, enquiries or new business that will occur as a result of our SEO, PPC and other marketing services. Search engine marketing is unpredictable and Osca Digital LTD cannot in any way guarantee the results that will be achieved.
Osca Digital LTD do not warrant or represent that the use, or the results of the use, of any materials, services, software or reporting systems available through third parties will be correct, accurate, timely, reliable or otherwise.
You expressly agree that use of the Osca Digital LTD services provided hereunder is at your sole risk. These services are provided on an “as is” and “as available” basis. Osca Digital LTD expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
Notwithstanding the security precautions taken against disclosure of information, there are certain conditions that exist on the Internet generally which are outside Osca Digital LTD’s control and could result in a breach of security. Accordingly, Osca Digital LTD cannot guarantee that Client’s Account Service data information will be free from corruption, hacking or piracy. You hereby expressly waive any claim against Osca Digital LTD arising out of the loss of data through corruption, piracy, hacking, breach of security or for any other reason that is not based on intentional or grossly negligent actions of Osca Digital LTD.
To the maximum extent allowed by law, Osca Digital LTD and any of their parents, members, subsidiaries, affiliates, service providers, licensors, officers, directors or employees shall not be liable for any direct, indirect, special, incidental or consequential damages (no matter how they arose, including negligence), or for interrupted communications, lost data or lost profits, arising out of or in connection with the services provided. This section does not limit liability for bodily injury of a person.
Database, Application and E-Commerce Development
Osca Digital LTD cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free, fully functional and accurate, the ultimate responsibility lies with the client in ensuring that all software meets their requirements and is functioning correctly before use.
The client is expected to test fully any application or programming relating to a site developed by Osca Digital LTD before being made generally available for use. Where “bugs”, errors or other issues are found after the site has been approved by the client and is made live, Osca Digital LTD will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Osca Digital LTD will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer, Google Chrome and Mozilla browsers. Osca Digital LTD can offer no guarantees of correct functionality with all browser software.
Whilst Osca Digital LTD recommends third party hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service. Osca Digital LTD cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Osca Digital LTD reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, we also reserve the right to remove websites from our hosting that cause issues with server stability and/or speed.
We reserve the right to enact defensive movements to maintain the stability of our hosting systems for all clients.
If you believe your website may be susceptible to high or otherwise abnormal usage you must contact us to discuss the suitability of your hosting environment.
Payment of Accounts
New clients are required to pay their first invoice (normally one month) in advance, prior to work commencing.
All other invoices must be settled within 7 days of the invoice date. Osca Digital LTD reserve the right to cease work, remove work/content and deny access to any Client’s website where payment is overdue (following reasonable attempts by Osca Digital LTD to contact the Client and resolve any payment issues) and ultimately Osca Digital LTD may take legal action to recover any outstanding monies owed.
Additional Services/Fair Use Policy
As part of the service agreed with you we may include minor ‘changes’ to your website. The changes (adjustments, deletions and additions to help improve the campaign we run for you) will be agreed with you before implementation and will be solely for the purpose of supporting your campaign. These changes will be minor edits and limited in number.
This part of the service is not intended to constitute major or significant website re-design, functionality change or performance enhancement. If such changes are required, and we are aware of the requirement, we will advise you and suggest you contact your website designer, developer or hosting company.
In some circumstances and for certain types of website changes we may propose an additional chargeable service that we may either undertake in-house or manage through a third party website design and development company. This will constitute a separate service and the charges will be calculated on a case-by-case basis.
Anyone wishing to cancel their campaign should do so in writing via email. 30 days notice should be given and all outstanding accounts must be brought up to date. Cancellation should then be followed up by a telephone call to 01268 856330 to confirm that we have received the email cancellation notice.
Anyone who experiences a problem with the services provided by Osca Digital LTD that cannot be resolved verbally, should raise the matter in writing, giving sufficient information and clearly outlining the grounds for complaint, all valid complaints will be treated seriously and will be answered within 14 days of receipt.