Terms and Conditions

Standard Terms and Conditions of Purchase of Goods and Terms and Conditions

Float Digital Marketing Ltd

These Terms and Conditions on which we supply any of the marketing services, listed on our website at float-digital.com, to you. Please read these Terms and Conditions carefully before engaging our services. You should understand that by ordering any of our Services or providing us with account access, you agree to be bound by these Terms and Conditions. You should print a copy of these Terms and Conditions for future reference.

If problems with the service through our company should arise, please contact us immediately in writing and include all pertinent information with a clear outline of the issue. We will endeavour to the best of our abilities to settle your complaint in a satisfactory manner. Please note that Float Digital holds your information in strict confidence, and will not divulge details of our Clients to third parties and other Clients, potential or existing.

 

Definitions and interpretations

In this Agreement the following terms shall have the respective meanings assigned to them:

“Agreement” means these Terms and Conditions, Service descriptions, Terms of Use, Payment Terms and the Statement of Work and any addenda. In the event of any conflict between the terms of this Agreement for the provision of Services, the details of the Statement of Work shall prevail, except for payment terms where the Payment Schedule shall prevail;

“Float Digital” means Float Digital Marketing Ltd, a provider of online marketing solutions;

“Client” means the Company that enters into an Agreement with Float Digital, its employees, agents, representatives, and subcontractors, to whom the Service is provided as set out in the Statement of Work;

“Fees” means the amounts payable by the Client for the Services provided by Float Digital as detailed in the Statement of Work;

“Payment Terms” means the agreed schedule of payments that the Client shall make to Float Digital for the provision of services forming part of these Terms and Conditions;

“Services” means the services that Float Digital currently offers, details of which are on the Float Digital website and the services to be provided by Float Digital to the Client as specified in the Statement of Work.

 

Terms of use

Failure to comply with these Terms may result in automatic termination of this license, without prior notice. Besides the specific license in these Terms, Float Digital doesn’t give you any patent, trademark, copyright, or other rights or licenses.

 

1. Payment

1.1. Any quotation is valid for a period of 30 days only, and Float Digital may withdraw it at any time by notice to the Client.

1.2. The Client shall pay the Fees without set-off, deduction or delay, monthly in advance, unless otherwise agreed.

1.3. All prices are subject to VAT but inclusive of any other relevant taxes.

1.4. All payments to Float Digital will be made in GBP (£).

1.5. The Client must assume responsibility for billing details in their own accounts and ensure all details are correct for invoice payment.

1.6. We may raise our rates no more than once every six months. We’ll inform you in writing 2 months before any increase. If you disagree with the increase, you must let us know in writing within 4 weeks of the notice. In that case, we can terminate the contract with 4 weeks’ notice.

1.7. If payment of invoices is not made when due, we reserve the right to charge a late payment penalty fee on overdue amounts, these penalty fees are calculated at the following banded rates:

1.7.1. Debt below £1,000: fixed fee £40;

1.7.2. Debt at least £1,000 but less than £10,000: fixed fee £70;

1.7.3. Debt £10,000 or more: fixed fee £100

1.8. If payment of invoices is not made when due, we reserve the right to terminate or suspend the performance of the Services provided under this contract, at our absolute discretion.

1.9. If the payment plan is not adhered to, then we reserve the right to terminate your account(s) and/or the hosting of your website. We will also undertake legal proceedings to recover outstanding debts.

1.10. We reserve the right to retain all work, materials, account login details, intellectual property and any other items in our possession relating to any matter until all invoices are paid in full.

1.11. Any queries in respect of an invoice must be raised within 7 days of the date of the invoice. After this date, it will be deemed that the invoice has been accepted by you.

2. Services

General

2.1. The Client will give Float Digital access to their website and applicable web tools (such as Google Analytics and Google Ads) to help Float Digital fulfil their obligations in this Agreement.

2.2. The Client will not engage with another agency, professional, contractor or freelancer to deliver competing services during the Service agreement.

2.3. The Client shall comply with directions, recommendations, and advice from Float Digital within a reasonable period.

2.4. Float Digital will arrange meetings within a 30-day period of receiving a call request from the Client to discuss performance, address concerns, and plan future digital marketing efforts.

2.5. Float Digital will respond to emails in a timely manner. The team aim to respond within 3 – 5 working days but will endeavour to respond as soon as possible.

2.6. The Client must offer prompt feedback on digital marketing strategies, content, and other deliverables or inquiries; otherwise, this delay could affect the progress of the campaign or other actions.

2.7. The Client is responsible for ensuring that the Terms and Conditions on their website are suitable for the tools recommended and implemented by Float Digital.

2.8. Float Digital has the authority to engage the services of subcontractors or third-party providers to fulfil any of the Services or responsibilities as outlined in this Agreement.

SEO

2.9. Float Digital will provide SEO recommendations in documentation, however, these must be implemented by your web developer or via your CMS, unless stated otherwise clearly in the Statement of Work.

2.10. The number of links reported for SEO is correct when the report is generated and quality controlled, whereupon it will be emailed to the Client.

2.11. Float Digital offers no guarantee for the length of time each link will remain live after the point at which it has been confirmed and reported on either via email or documentation.

2.12. Throughout the service period, the Client agrees not to use harmful practices like link farms, spam, or “black hat” SEO techniques that can lower their website’s Google search ranking.

2.13. The Client recognises that linking to harmful websites or getting links from link farms can harm SEO. Float Digital is not responsible for such links chosen by the Client without prior discussion.

2.14. Float Digital requires permission to optimise Client websites, which may have minimal visual impact. We’ll work to preserve the page’s appearance, making only slight changes.

2.15. Float Digital is not accountable if the Client makes changes to the website that undo our work (for instance, by uploading new content over our optimisations). If this happens, the Client will be charged an extra fee for fixing the content.

Google Ads

2.16. The Client should not modify the campaigns created by Float Digital without our written approval. If changes are made without our consent, we may terminate the contract because we can’t take responsibility for any impact on your results from that point onward.

2.17. Advertising expenditure may fluctuate, and while ad providers endeavour to remain within specified limits, it is customary to observe fluctuations of up to 10% in daily ad spend, with occasional variations exceeding the agreed-upon budget.

2.18. Changes to the Google Ads budget must be made in writing with clear instructions for the new budget and timeline. Float Digital will endeavour to implement it within 30 days and will confirm the change in budget in writing as soon as possible.

3. Liability

3.1. These provisions outline Float Digital’s total liability to the Client for any breaches of the Agreement, including acts or omissions by its employees, as well as any misrepresentations, statements, or negligent actions arising from or related to the Agreement.

3.2. Float Digital accepts no liability for loss of profit, harm to business, reduction in goodwill, or similar losses. Additionally, they are not liable for special, indirect, or consequential costs, damages, charges, or expenses, regardless of how they occur.

3.3. If you get suspicious emails, such as phishing attempts or fake messages, report them right away to (hello@float-digital.com) and avoid responding to the email or opening any attached files.

3.4. We will never have a third party contact you by email or by phone unless this is a part of the original written Agreement or has been agreed upon through email beforehand.

3.5. Sharing any information about our costs, intellectual property, or processes is strictly prohibited. This includes not giving access to PPC accounts to third parties. Failure to comply may result in contract termination or legal action.

3.6. While we strive to optimise your business’s visibility, it’s important to note that we do not have control over search engine outcomes. Therefore, our Services do not guarantee increased website visits, sales, or any specific visibility metrics.

3.7. The Client must take responsibility for the status of their website, and for any time the website is offline, unavailable, or broken. This may affect the performance of any strategy or campaign implemented by Float Digital.

4. Confidentiality

4.1. In this Agreement, each party shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed by one party to the other.

4.2. Each party shall restrict disclosure of such confidential material to such of its employees as need to know the same for the purpose of discharging its obligations under the Agreement and shall ensure that such employees are subject to corresponding obligations of confidentiality.

4.3. This condition shall survive termination of the Agreement, however caused.

5. Promotional materials

5.1. The Client agrees that Float Digital has the right to utilise the Client’s name, logo, and performance information in its marketing or promotional materials, including the creation of case studies.

5.2. To enable Float Digital to refer to the Client’s information for case studies and promotional purposes, the Client grants Float Digital a royalty-free license to use the Client’s company name, trade name, and logo as needed on the Float Digital website and in marketing materials.

5.3. Float Digital will take precautions to safeguard the confidentiality of the Client’s sensitive information.

6. Termination

6.1. Services may be cancelled after the first month with a notice period of 30 days via email, commencing from the date of the monthly invoice.

6.2. In the event that circumstances necessitate the conclusion of this Agreement, the following provisions outline the specific reasons and procedures for termination

6.2.1. Abuse: Float Digital may terminate this Agreement if a Client directs written, physical, or verbal abuse or harassment at our staff members.

6.2.2. Non-Payment: If the Client fails to make timely payments as per the terms of the Agreement.

6.2.3. Breach of Terms: If the Client breaches any material Terms and Conditions outlined in the Agreement, such as confidentiality etc.

6.2.4. Convenience: If either party wishes to end the Agreement for any reason, a notice period is provided (e.g., 30 days’ notice).

7. Changes to this Agreement

7.1. We reserve the right to update this Agreement as required. If changes are necessary due to laws or regulations, we’ll notify you in writing, aiming to provide at least 30 days notice where possible.

7.2. For new Clients, Float Digital retains the ability to make updates to this Agreement as needed by simply posting a revised version on its official website.

Last updated: 19th October 2023