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Definitions:

• "Client" means any individual, company, partnership, organization or body requesting the services of OnGoogleNow.
• "Agreement" means the contract between OnGoogleNow and the client to which these conditions will apply.
• "Order" means confirmation by the client of their acceptance of the quotation given by OnGoogleNow.

Contract:

The client's request for work to commence shall be deemed a contractual agreement between the client and OnGoogleNow. OnGoogleNow will carry out work only where an agreement is provided either by email, telephone or mail. OnGoogleNow will carry out work only for clients who are 18 years of age or above. An ‘order' is deemed to be a written or verbal contract between OnGoogleNow and the client; this includes telephone and email agreements.

Copyright Responsibilities:

If images, text, animations, layouts or any other content for a website/ web development / search engine optimization / Internet marketing or other project is provided by the client, it is their legal responsibility to ensure that this material does not infringe any copyright. OnGoogleNow cannot take responsibility for any copyright infringements caused by materials submitted by the client. OnGoogleNow reserves the right to refuse any material of a copyrighted nature as website content unless adequate proof is given of permission to use this material.

Design Concepts:

Design concepts can include site mock ups, graphics and design proposals. The client agrees that (unless specifically agreed otherwise) only one concept will be provided by OnGoogleNow. The client should ensure that they have provided as much information as possible pertaining to color schemes, artwork and design requirements beforehand. Note: Design concepts and associated graphics remain the property of OnGoogleNow unless otherwise agreed.

Stock Photography:

Certain images provided by OnGoogleNow may have been purchased under license from stock image suppliers. These images are generally only licensed for use on a website. The license may not permit them to be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If the client wishes to use any such images from the website for other purposes they are required to contact OnGoogleNow to clarify whether this is appropriate. The client agrees to meet all third party costs arising from the purchase of stock photography as well as any administration fees relating to the procurement of images imposed by OnGoogleNow.

Intellectual Property Rights (IPR) and Copyright:

OnGoogleNow retains ownership of all intellectual property, including source code created for the client until payment of the final invoice. At this time ownership rights will be transferred to the client. Any scripts, CGI applications, PHP scripts, or software written by OnGoogleNow remain the copyright of OnGoogleNow (unless an alternative arrangement has been agreed prior to the contractual agreement) and may only be commercially reproduced or resold with the permission of OnGoogleNow.

Database Application and E-Commerce Development:

OnGoogleNow cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care is taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client to ensure that all software is functioning correctly before and during use. Where applications or sites are developed on servers not recommended by OnGoogleNow, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed on servers not recommended by OnGoogleNow, it is the client's responsibility to provide a suitable testing environment which is identical to the final production environment. The client is expected to test fully any application or programming relating to a website developed by OnGoogleNow before it is made generally available for use. Where "bugs", errors or other issues are found after the site/development is live, OnGoogleNow will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Submission of Materials:

The client agrees to make available as soon as is reasonably possible to OnGoogleNow all materials required to complete the site to the agreed standard and within the set deadline. OnGoogleNow will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Web and Email Hosting:

For sites and domains hosted by OnGoogleNow, clients will have a shared and secure hosting infrastructure. This is maintained by a data centre in a secure environment with a 99.95% uptime guarantee provided to OnGoogleNow. OnGoogleNow reserve the right to refuse to handle in any way material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.

Registration Charges:

All third party costs arising from the registration of a domain name shall be met by the client. Domain names registered on behalf of the client by OnGoogleNow are property of the client. In these circumstances, OnGoogleNow acts as administrator on the client's behalf. OnGoogleNow agrees to transfer any domain names to the client immediately upon request.

Search Engine Promotion:

When undertaking a new contract, OnGoogleNow will code the client's site to be search engine friendly and complete all SEO activities determined in the contract. If the client wishes to take out an ongoing Search Engine Optimization contract, this will take the form of a separate agreement to the website contract. In the absence of a Search Engine Optimization contract, OnGoogleNow is not responsible for ongoing site promotion and cannot guarantee that your site will remain in the top results on major search engines due to constant ongoing algorithm changes to search engines results pages (SERPS).

Quotations:

The price quoted by OnGoogleNow to the client is for the work specifically agreed on the quotation only. Should the client decide that changes are required after work on the website has commenced, these changes must be agreed. Any additional costs will also need to be agreed prior to the work being started. Unless otherwise agreed any quotation provided will be valid for 30 days from the date of issue.

Payment of Accounts:

A deposit will be required from any new client before any work is carried out. If OnGoogleNow undertake a project which is large or deemed to be of significant duration then interim payments will be required at agreed milestones within the project. Invoices for any remaining balance are only issued when the client accepts that their website/development has been completed to their satisfaction. OnGoolgeNow reserves the right not to launch a website until full payment has been received. SEO payment balances will be paid on project completion and NOT when rankings have been achieved.

Any outstanding accounts for work carried out by OnGoogleNow or its affiliates are required to be paid in full, no later than 7 days from the date of the invoice. OnGoolgeNow reserves the right, in its sole discretion, to deactivate hosting services for clients with unsettled accounts. When this occurs an additional minimum charge of $50 will be required to have the site restored.

Accounts that have not been settled within 14 days of the due date will incur a late payment charge of 20% of the amount outstanding. Any unpaid balance due shall bear interest at the rate of 8% compounded per annum, and costs of collection, including Court costs and reasonable legal fees shall be added as principal amounts to such balance.

Refund Policy:

After work on a website commences any fees paid are not refundable.

Cancellation:

Should the client wish to cancel at any point during the project they shall remain liable for the work that has taken place and shall be invoiced accordingly. There are no exceptions to this, i.e. if the client decides they no longer want the site, as they have commissioned the work (whether a deposit has been paid or not) they are still obliged to pay for the work that has been done up to the point of cancellation.

Payment Methods:

Unless otherwise agreed, payment is only accepted by Paypal.

Support:

Websites will be handed over as a fully functioning, completed work. Unless a support contract has been arranged, OnGoogleNow is not responsible for support. Support can be provided upon request for an agreed fee. Websites are offered as a single contract and no guarantee of the availability or compatibility (including rendering compatibility with future browsers or future versions of existing browsers) from OnGoogleNow is offered unless an ongoing support package has been agreed.

Malicious Activity:

Problems caused by malicious software, spyware, viruses and website hacking can unfortunately happen. It is highly unlikely that these will affect the client's website, and OnGoogleNow will endeavor to protect it from this as much as possible during its creation, but after the website is handed over, OnGoogleNow cannot be held responsible for problems caused by illegal activity or the actions of others.

Compliance with E-Commerce, Accessibility or Other Regulations:

OnGoogleNow develops websites in accordance with the client's specifications. It is the client's responsibility to ensure that the website and its content comply with current online trading laws and regulations. OnGoogleNow cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. Research can be undertaken on the client's behalf upon request, but in any business where complex compliance issues may exist it is recommended that the client takes legal advice.

Design Credit:

A link to OnGoogleNow will appear in either small type or by a small graphic at the bottom of the client's website. If a graphic is used, OnGoogleNow will design it to be sympathetic to the overall site design.

Notes:

Should OnGoogleNow waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit OnGoogleNow to waive the same clause on any other occasion.

OnGooglenow reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact us.