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Terms Of Conditions - MerchMark SEO Company Sheffield

TERMS AND CONDITIONS

 

 

This Agreement was last revised on July 23rd, 2020.
Contents
INTRODUCTION
www.merchmark.co.uk (“we,” “us,” or “our”) welcomes you.
The use of this website and services on this website and mobile application provided by https://www.merchmark.co.uk (hereinafter referred to as “Website”) are subject to the following Terms & Conditions, all parts and sub-parts of which are specifically incorporated by reference here.
By accessing and using this Website, you acknowledge that you have read, understood and agree to be lawfully bound by these terms and conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then please do not use the Website.
DEFINITIONS
“Agreement” denotes to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website;
“Product” or “Products” refers to the good or products offered through our website;
“Service” or “Services” denotes any service shown below, which we may offer from our Website.
“User”, “You” and “your” denotes to the person who is accessing the website for taking or availing any service from us.
“Customer” or “Client” refers to the user interested in purchasing or availing services available on the website;
“We”, “us”, “our” and “Company” are references to MERCHAMRK LTD.;
”Website” shall mean and include “https://merchmark.co.uk, and any successor Website of the Company or any of its affiliates;
“User Account” shall mean an electronic account opened for the customer for availing various services offered on the website;
INTERPRETATION
All references to the singular include the plural and vice versa and the word “includes” should be construed as “without limitation”.
Words used herein regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the context requires.
Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms of this Agreement.
INTRODUCTION AND SCOPE
Scope. These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their own terms of service.

Eligibility: Certain Service of the Website is not available to minors under the age of 13 or to any users suspended or removed from the system by us for any reason.

Electronic Communication: When you use this Website or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.
SERVICES
At MerchMark, we provide a broad spectrum of digital marketing solutions to help you grow your business. We are one of the reliable SEO agencies in Sheffield. ROI-driven SEO agency that is trusted by small and large businesses in the country!

We are a trustworthy and reputable SEO agency in the UK, helping individuals and businesses boost their rankings in the search results.

MODIFICATIONS TO THE SERVICE
We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to its Website.
ACCOUNT
For accessing the Website and using its Resources, the Customer shall first be required to register with Merchamrk Ltd. by completing the online registration form on the Website.
The customer accepts that the details provided about establishing an account are correct and up-to-date. Merchamrk Ltd. reserves the right to conduct verification and security procedures in respect of all information provided by the Customer to us. If Merchamrk Ltd. has reason to believe that the information provided by the Customer to register and use any of the Services breaches or is likely to breach any of the provision in these Terms, Merchamrk Ltd. at its sole discretion may take any action that it deems appropriate including without limitation, to terminate the Customer’s Contract.
The customer is responsible for the security of all of the user names, passwords and registration information (such as unique account identifiers or historical billing information), and solely responsible for any use (authorized or not) of accounts. The customer agrees to notify us immediately about any unauthorized activity regarding any of the accounts or other breaches of security. We may at our discretion suspend or terminate any of the user names and passwords at any time with or without notice.
USER CONTENT
Content Responsibility.
The website permits you to share content, post comments, feedback etc. (“content”) but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.
When posting content to the website, please do not post content that:
contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;
is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance;
transmits viruses or other harmful, disruptive or destructive files ;
sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects;
Information or data which are unlawfully obtained.
Any submitted content will be refused by us. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.
PAYMENT AND REFUND
All the purchases for any service available on the website shall be governed by our terms and conditions.
For availing any service available on the website, the User shall be required to fill out a contact form or order form; our representative will contact you and guide you for making order of any service.
While providing your details it is your duty to be careful and warrant that the details provided are true and accurate.
No online payment shall be accepted.
Our service charge should be paid 50% before the project and 50% after the project completion.
No refund shall be applicable on the paid services. If there is an issue you can contact us at our email: info@merchmark.co.uk.
We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.
We take customer feedback very seriously and use it to constantly improve our products and quality of service.

GEOGRAPHIC RESTRICTION
We reserve the right, to limit the usage or supply of any product or service to any person, geographic region or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Product or Service at any time. Any offer to provide any Product or Service made on this Website is invalid where banned.
CUSTOMER RESPONSIBILITIES
You shall use the Service and Website for a lawful purpose and comply with all the applicable laws while using the Website;
You shall not upload, any content on the website that:
Defamatory, infringes any trademark, copyright or any proprietary rights of any person or affect any one’s privacy, contain violence or hate speech, including any sensitive information about any person.
You shall not use or access the Website for collecting any market research for some competing business;
You shall not misrepresent or personate any person or entity for any false or illegal purpose;
You shall not use any virus, hacking tool for interfering in the operation of the Website or data and files of the Website;
You will not use any device, scraper or any automated thing to access the Website for any purpose without taking permission from us.
You will inform us about anything is inappropriate or  you can inform us if you find something illegal i\on the website;
You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website;
You will not take any action that levies or may levy (in our sole decision) an unreasonable or unreasonably big load on our technical arrangement; and
You will let us know about unsuitable content of which you become aware.  If you discover something that infringes any law, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content.
GENERAL CONDITIONS
We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
The website is licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service.
Additional work: Any addition, revision, or changes than the actual brief of the campaign may cost extra or it may affect the quotation committed to you for the project.
Delivery: All delivery of work will be delivered to Client’s registered email address or Whatsapp number/group in some cases.
We reserve the right to reject the services for any business which we judge to be unfit due to content or otherwise. This includes, but is by no means limited to, websites/business dealing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to enforceable laws
The client shall be responsible to provide text, images and video, used in the marketing services, and will remain the client’s property. Any and all such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.
We reserve the right to alter prices at any time without notice. If a client has commissioned any services from our website prior to a change in prices that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.

EXCLUSION OF LIABILITY
You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential or any other form of loss or damage that may be suffered by a user through the use of the www.merchmark.co.uk Website including loss of data or information or any kind of financial or physical loss or damage.
We shall not be responsible for any loss of data, property, stock while using our service.
In no event shall MERCHAMRK LTD., nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
ASSUMPTION OF RISK
The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your purchase of any of the products on the Website is at your own risk. We do not assume responsibility or liability for any advice or other information given on the Website.
NO RESPONSIBILITY
We are not responsible to you for:
any reliance that you may place on any material or commentary posted on our website. Please note that nothing contained in our website or the material published on it is intended to amount to advice on which you should rely; or
any losses you suffer because the information you put into our website is inaccurate or incomplete; or
any losses you suffer because you cannot use our website at any time; or
any errors in or omissions from our website; or
any losses you may suffer by relying on any commentary, postings or reviews (of our services or that of our partners) on our website; or
any unauthorised access or loss of personal information that is beyond our control.

SPAM POLICY
You are strictly prohibited from using the Website or any of our’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
THIRD PARTY LINKS
The Website may comprise links to external or third-party Websites (“External Sites”).  These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites.  The content of such External Sites is created and used by others.  You can communicate the site administrator of those External Sites.  We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites.  You should take safety measure(s) when you are downloading files from all these Websites to safeguard your computer from viruses and other critical programs.  If you agree to access linked External Sites, you do so at your own risk.
PERSONAL INFORMATION AND PRIVACY POLICY
By accessing or using this Website, you approve us to use, store or otherwise process your personal information as per our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Every effort has been taken to ensure that the information offered on this Website is accurate and error-free. We apologise for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE  RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES.
THE WEBSITE MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE WEBSITE.  THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION.  A REFERENCE TO A SERVICE ON THE WEBSITES DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION.  WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.
COPYRIGHT AND TRADEMARK
The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”).  The Content may be possessed by us or third parties. Unauthorized use of the Content may infringe copyright, trademark, and other laws.  You have no rights to use the content, and you will not take any Content except as allowed under this Agreement.  No other use is allowed without prior written consent from us.  You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.
If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.
Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us.  Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).  Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.    None of the Content may be retransmitted without our express, written consent for each and every instance.
INDEMNIFICATION
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website.  We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
MISCELLANEOUS
SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
TERMINATION
Term. The Services will be provided to you can be cancelled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.
Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement.

GOVERNING LAW AND JUDICIAL RECOURSE
The terms herein will be governed by and construed in accordance with the law of England and Wales without giving effect to any principles of conflicts of law. The courts of England and Wales shall have exclusive jurisdiction over any dispute arising from the use of the Website.
FORCE MAJEURE
We will have no liability to you, your users, or any third party for any failure to perform our or its obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.
ASSIGNMENT
The Company shall have the right to assign/transfer this agreement to any third party including its holding company, subsidiaries, affiliates, associates and group companies, without any consent of the User.
CONTACT INFORMATION
If you have any questions about these Terms, please contact us at info@merchmark.co.uk.  

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