Terms and Conditions

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 instructing Services from us. 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 Marketing Ltd 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 Project Brief and any addenda. In the event of any conflict between the terms of this Agreement for the provision of Services, the details of the Project Brief shall prevail, except for payment terms where the Payment Schedule shall prevail;

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

“Client” means the Company that enters into an agreement with Float Digital Marketing Ltd, its employees, agents, representatives, and subcontractors, to whom the Service is provided as set out in the Project Brief;

“Fees” means the amounts payable by the Client for the Services provided by Float Digital Marketing Ltd as detailed in the Project Brief;

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

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

 1.Terms of use

1.1. Failure to comply with these Terms may result in automatic termination of this license, without prior notice. Except for the limited license set forth in these Terms, Float Digital Marketing Ltd does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary materials.

 

Payment

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

2.2. The Customer shall pay the Fees without set-off, deduction or delay, monthly in advance.

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

2.4. All payments to Float Digital Marketing Ltd will be made in GBP (£).

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

2.6. We reserve the right to increase our rates, provided that such charges cannot be increased more than once in any 6 month period. We will give you written notice of any such increase 2 months before the proposed date of the increase. If such increase is not acceptable you must notify us in writing within 4 weeks of the date of the notice and we shall have the right without limiting our other rights or remedies to terminate the Contract by giving 4 weeks’ written notice to you.

 

Late payment penalty

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

Debt below £1,000: fixed fee £40;

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

Debt £10,000 or more: fixed fee £100

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

3.3. 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 any outstanding debts.

3.4. 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.

3.5. 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.

 

Service

4.1. The Customer will provide Float Digital Marketing Ltd with reasonable direct and remote access to its website, and shall provide such other reasonable assistance as Float Digital Marketing Ltd may request, including, but not limited to, providing source code and other statistical, diagnostic information and other relevant information required to enable Float Digital Marketing Ltd to comply with its obligations under this Agreement.

4.2. The Customer shall comply with directions and advice from Float Digital Marketing Ltd within a reasonable period.

4.3. The number of links reported for SEO is correct at the point at which the report is generated and quality controlled, whereupon it will be emailed to the Customer. Float Digital Marketing Ltd 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 the Customer link report.

4.4. During the service period, the client will not exchange links with link farms, use spamming or “black hat” SEO techniques, or otherwise engage in harmful online activities that may cause their serviced website’s Google search engine ranking to drop. Client acknowledges that linking to “bad neighbourhoods” or receiving links from “link farms” can seriously damage all SEO efforts. Float Digital Marketing Ltd does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.

4.5. Float Digital Marketing Ltd must be granted the right to optimise our customer’s website. This can sometimes cause a slight visual impact but is normally not noticeable. We will work with our customers to ensure that the page is left intact and that only the most minimal of changes take place.

4.6. Float Digital Marketing Ltd is not responsible for the Client overwriting Float Digital Marketing Ltd’s work to the Client’s website. (e.g., Client/webmaster uploading over work already provided/optimised). The Client will be charged an additional fee for re-constructing content.

4.7. We do not have the ability to offer a guarantee on the rank that our customers will receive. We also cannot calculate or even estimate the amount of increased traffic that will occur as a result of our optimisation services. However, if the majority of keyphrases, and organic traffic significantly declines for more than 6 months after optimisation, then Float Digital Marketing Ltd will offer our SEO customers free SEO services for 3 months or until the trend reverses.

4.8. Float Digital Marketing Ltd shall be permitted to subcontract or outsource any of the Services or obligations under this Agreement.

4.9. If required, cancellation and alteration of your services must be requested through email only. We must be notified on receipt of your invoice that month. Notice of cancellation can only be accepted after your first month of service, and with 30 days notice.

4.10. The client must not make any changes to the campaigns put in place by Float Digital Marketing Ltd. If changes are made without our expressed written consent, your contract will be subject to termination, as we cannot be responsible for any changes that may occur to your results as an effect from this point forward.

4.11. If Float Digital Marketing Ltd are given control of ad spend budget, payment must be received a minimum of 5 days prior to the campaign ongoing renewal date. If payment is not received, your campaign will be suspended until all funds are received.

4.12. Ad spend varies, and although ad providers try to keep within limits, it is normal to see up to a 10% variation to daily ad spend, that may fluctuate occasionally above the agreed budget.

 

Liability

5.1. The following provisions set out the entire liability of Float Digital Marketing Ltd (including any liability for the acts or omissions of its employees) to the Customer in respect of any breach of the Agreement and any representation, statement or tortious act or omission (including negligence) arising out of or in connection with the Agreement.

5.2. Float Digital Marketing Ltd shall not be liable for any loss of profits, loss of business, depletion of goodwill or similar losses or for any special, indirect or consequential loss, costs, damages, charges or expenses howsoever arising; and

5.3. Float Digital Marketing Ltd will not be liable for any links being removed by a third party.

5.4. If you receive any strange emails, phishing requests, or fake emails please report them immediately to (hello@float-digital.com) and do not respond to the email or open any attachments that are included.

5.5. 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.

5.6. Sharing any information relating to the costs, intellectual property or any of the processes that Float Digital Marketing Ltd is prohibited and may result in legal action if this sensitive information is leaked either internally or externally. The methods and tools that we use are trade secrets and are unique. These methods give us an advantage over our competition and thus are completely confidential and are not to be shared in part or in whole with any third party.

5.7. This includes providing access to PPC accounts. We request that only internal employees of the client are given access to these accounts alongside Float Digital Marketing Ltd to protect trade secrets, methods, and strategies. Failure to comply can result in contract termination.

5.8. We try to rank your business the best we can, however, we are not in control of search engine’s final decisions, and as such our services do not guarantee an increase in customer visits to your website or to sales, or other ranking metrics. 

5.9. 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 Marketing Ltd.

 

Confidentiality

6.1. 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.

6.2. 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.

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

 

Promotional materials

7.1. The Customer hereby agrees that Float Digital Marketing Ltd may refer to the Customer, by company or trading name, and to the existence of this Agreement in any marketing or promotional materials.

7.2. To allow Float Digital Marketing Ltd to refer to the names of the Customer grants Float Digital Marketing Ltd a royalty-free licence to use the Customers company name, trade name and logo as required on the Float Digital Marketing Ltd website or marketing materials.

 

Changes to this agreement

8.1. Float Digital Marketing Ltd may modify this Agreement where it is required to do so, by notifying the customer in writing and giving 30 days notice where possible. This would include where changes to the law, rules applied by other authorities which require Float Digital Marketing Ltd to modify its procedures, policies or services.

8.2. Float Digital Marketing Ltd may at any time modify this Agreement for new customers by publishing a new agreement on its website.