DMS - Terms & Conditions

• • (a) Client: Means the person described as the client on the Order Form/Proposal document(s);
  • (b) Contract: Means the contract for the supply of goods and services between the Supplier and the Client as set out on the order form/Proposal document and includes these Terms and Conditions and any Scope of Works.
  • (c) Goods: Means all goods and accessories sold or supplied by the Supplier and includes any software, documents and instruction manuals;
  • (d) Notice of Completion: Means a notice in writing or verbal given by the Supplier to the Client advising that the Notice of goods and services the subject of the Contract has been provided in full by the Supplier;
  • (e) Services: Includes all services and labour contracted to be provided by or on behalf of the Supplier;
  • (f) Scope Of Works: The Supplier’s Scope of Works in respect of the services signed by the parties for identification purposes.
  • (e) Supplier: Means DMS Digital Marketing Solutions Ltd
    
     

3. Unless otherwise stipulated in the Contract, the Client must pay all monies owing as per the contract. (a) The Supplier may cancel or suspend the performance of its obligations under the Contract (without any liability to the Client) if at any time the Client defaults in respect of any of its payment obligations.

4. If the client defaults in making any payment to the Supplier in accordance with the Contract, the Client agrees to:

• • (a) Administration fee of £50+VAT for each 7 days perpetually that the invoice stays outstanding ; and
  • (b) On demand, reimburse the Supplier all reasonable debt collection fees and commissions disbursements and legal costs (on an indemnity basis) incurred or payable by the Supplier as a direct or indirect consequence of such default.
  • (c) DMS reserve the right to withdraw service due to non payment. The value of any contract outstanding may be sought.

5. If the Client orders goods or services in its capacity as trustee of a trust. The Client warrants that it has full power and authority to accept goods and/or services under the Contract for the benefit of the trust. Warrants that its right of indemnity against the trust property is unrestricted and will not be adversely affected by the Contract, agrees that it will be bound by the Contract both personally and in its capacity as trustee of the trust acknowledges that its liability for indebtedness incurred while a trustee will apply even if it ceases to be trustee of the trust for any reason: and acknowledges that its liability will not be limited to the assets of the trust.

6. The Client acknowledges and agrees that any warranties and conditions (whether statutory, express or implied) in relation to any goods or services supplied to it by the Supplier are expressly excluded, except for any warranties and conditions set out in the Contract or which cannot by law be excluded restricted or modified.

7. In the case of any breach by the Supplier of the terms of the Contract or any non-excludable warranty or condition, the Supplier will not be liable for any consequential loss and the Supplier’s liability will be limited in all circumstances to:

• • (a) In the case of goods, the repair or replacement of the goods (at the option of the Supplier); and
  • (b) In the case of services, to supplying the Services again as per the guarantee in term 9 below.

8. The client will inspect the goods and services provided by the Supplier within 7 days of receipt of a Notice of Completion and must within that period:

• • (a) Give the supplier written notice of any matter by virtue of which the Client alleges that the goods or services are not in accordance with the Contract; and
  • (b) Make payment of the Balance of the price. The supplier shall have no obligation to rectify or replace any goods or services not in accordance with the Contract where notice is not given by the Client within seven days after the date of provision.

9.

• • (a) All DMS Digital Marketing Solutions Ltd SEO packages and contracts have monthly payment plans that have a minimum of 12 monthly contracted payments that can be cancelled with 30 days written notice, prior to the final 12th monthly payment. If written notice is not provided within 30 days of the final 12th monthly payment, the 12 month contract renews for another 12 months perpetually, of which 30 days written cancellation notice is again required prior to the final 12th monthly payment. All account balances must be cleared by the due date of termination, or the termination request will become void and a new contract will begin.

Our guarantee is as follows:

30% of the your target keywords on the first page of Google within twelve months of all website recommendations and content being implemented or we will continue to supply the services free of charge until the guarantee is achieved, whereupon the payment terms shall be reinstated for the remainder of the contractual term. Once the Guarantee is met the contracted monthly payments will automatically commence on the date the guarantee is delivered.

• • (b) The website is hosted with DMS Digital Marketing Solutions Ltd or is hosted with an approved hosting provider as specified by the supplier.
  • (c) The client agrees not to make any changes to the website via the Website’s CMS, FTP, C-Panel, public html files, php files, or settings within Google Search Console (formally Google Webmaster Tools) without written confirmation from the supplier and or build any backlinks from another supplier, external agency or independently without first informing DMS Digital Marketing Solutions Ltd.
  • (d) The client approves any requested onsite (on page) SEO changes to the website, as recommended by the supplier only.
  • (e) If the client wishes to implement the Onsite recommendations themselves this must be completed within 30 days of receiving the recommendations. Failure to comply will result in the monthly fee being applied for the contracted term of 12 months.
  • (f) The client does not engage in any other Digital Marketing practices with a third party without written consent from the supplier, or the guarantee is null and void.
  • (g) The client agrees to respond in a timely manner (5 working days) for any requests or approvals for work to be implemented on the website.
  • (h) DMS Digital Marketing Solutions Ltd cannot be held responsible for any loss of rankings or negative movement as a direct result of a Google algorithmic update, changes made to the website by a third party, external digital marketing agency, external web design agency or independently and thus any guarantees are null and void.
  • (i) For all SEO, Hosting, Web Design and or Web Development clients, the client’s website files (Where possible) will be backed up upon receiving the initial payment and kept on file for the duration of the contract plus 30 days after cancellation from any client as stated above.
  • (j) In the case of cancellation of all works with DMS Digital Marketing Solutions Ltd, we the supplier cannot be held responsible for lapses in Hosting and or expired back up files of any kind. The supplier will provide all login details for all the client’s associated domains upon cancellation. DMS Digital Marketing Solutions Ltd urge all clients when cancelling with DMS Digital Marketing Solutions Ltd to immediately seek alternative arrangements and cannot be held responsible for any subsequent loss of data.
  • (k) In the case the client, independently, or by way of third party, i.e an external digital marketing services agency, de-optimises the client’s website one the supplier has optimised the client’s website, the guarantee is null and void.
  • (l) Proposed changes made to the client’s website that are not communicated to the supplier prior to implementation voids the guarantee.

Guarantee only limited to term 9 only. No notes, emails, conversations, marketing materials or sales meetings can alter the terms of the guarantee unless written approval is given by a company Director of DMS Digital Marketing Solutions Ltd.

10. The Client agrees not to cancel any Direct Debit Authority unless and until it has paid to the Supplier in full all amounts due and payable to the Supplier under the Contract.

11. Where the Supplier at the request of the Client, provides services in addition to those specified in the Scope of Works, and no price for those additional services has been agreed to by the parties in writing signed by them. the Supplier’s fee for those addition services shall be the number of hours (or part thereof) spent by each employee of the Supplier in providing those services multiplied by the Supplier’s hourly rate for additional services as specified in the Scope of Works.

12. Unless otherwise expressly stated in the Contract, no waiver or relaxation in whole or in part of any of the terms and conditions of the Contract will be binding on the Supplier unless in writing and signed on by a Director. Any such waiver or relaxation shall be limited to the term or condition and occasion in question.

13. The Client guarantees payment of all amounts due for payment under the Contract on the due date for payment thereof and indemnifies the Supplier for all amounts so due for payment and all losses costs and damages suffered by the Supplier because of a breach of the Contract by the Client.

14. The Supplier will not be liable to the Client for any loss or damage of any kind sustained by the Client because of any breach of the Supplier’s obligations pursuant to the Contract if failure to supply is caused by matters beyond the Supplier’s reasonable control including (without limitation) acts of God, acts of any government, health crisis, lockdowns, war, or other hostility. National, international, or even interstellar disaster or the elements, fire, explosion, power failure, equipment failure, strikes, lockouts, inability to obtain necessary supplies and any other force or major occurrence.

15. These terms and conditions shall be governed by and construed in accordance with the law in force for the time being in the United Kingdom

16. The Supplier may, at the cost of the client engage the services of a debt recovery agency to assist it, if payment is more than 7 days overdue.

17. The Client agrees that there is no cooling off period and any monies debited or received are non-refundable (Unless a money back guarantee is in effect as stated above).

18. For back linking information please see Google Search Console.

19. DMS Digital Marketing Solutions will place a link to https://dms-solutions.co.uk/ at the footer of the Clients website.