SUPER DIGITAL LIMITED – TERMS AND CONDITIONS
These are the terms and conditions of Super Digital Limited, a company registered in England and Wales with company number 09755390, and with its registered office at Unit 1 Wolverhampton Halfpenny Green Airport, Crab Lane, Stourbridge, West Midlands DY7 5DY (“we” or “us”).
These terms and conditions apply when you purchase our services. When we send you an email setting out the work we will do for you, we will attach these terms and conditions. That email, and these terms and conditions, together form the contract between you and us for the services. If there is a conflict between that email and these terms and conditions, our email will prevail.
These terms and conditions were last updated in July 2021, and we may update them from time to time. Please check them regularly when asking us to carry out work for you.
It’s important to us that you understand these terms and conditions, so please do ask if there is anything you’re unsure about.
Let us tell you about our services…
We offer a variety of services, including:
- Search engine optimisation (SEO) and pay-per-click advertising
- Social media services
- Email marketing
- Content creation
- Website building and development
We will confirm the scope of the services we are providing in the email we send to you, which attaches these terms and conditions.
We do our best to deliver you results from the services. However, you understand that we can’t guarantee outcomes of our services, as this is dependent on the industry, type of advertising chosen, and other factors. In particular, you understand that SEO can take a few months to gain traction, and immediate results are unlikely.
When you ask us to carry out our services (in particular, when building your website), you understand that we can’t fully provide the services to you if you don’t provide us with the information or material we request. This could mean we are delayed, and this will result in our services falling outside the agreed timelines. We won’t be responsible for these delays, so we ask you to provide the information we request as soon as possible.
These terms and conditions come into force when you ask us to go ahead with the services. These terms and conditions come to an end when project work is completed or, when we’re working on a retainer for you, they continue until either you or us gives the other 30 days’ written notice to end the contract.
How we charge you
We charge in a couple of different ways, depending on the work involved and the value of that work. We’ve set out our approach to fees in this section.
When we have quoted you to carry out a particular project for you, and this project is likely to cost more than £1,500, we will ask for a 25% deposit before the services start, and the remaining 75% on completion of the work. We won’t start work until that 25% has been paid.
If the project is less than £1,500, we will invoice on completion of the work.
Where you work with us on a monthly basis, we will invoice you monthly in arrears (i.e. for the work carried out in the previous month).
Third party spend
Due to the nature of our services, third party fees (particularly including advertising spend) will be incurred by us on a regular basis. We will always check with you the level of third party spend you wish to spend.
You are responsible for paying third party costs. We don’t have an obligation to cover this spend on your behalf. You understand that not paying these costs may result in your advertising or website being ‘down’ for a certain period of time, which can affect performance and rankings.
All invoices are to be paid within 30 days of the date of the invoice. If payment is not made on time, we can charge interest (5% per annum above the Bank of England base rate, from time to time, accruing daily), or we can suspend the services until the invoice is paid.
Please note that we are flexible on payment terms, and so we may provide you with different payment terms, provided these are agreed before we start work.
Keeping data confidential
We understand that your business information is confidential, and we will do our best to ensure it is kept secret at all times while we provide the services to you. This includes login details for your social media accounts. However, once we stop providing services to you, we advise you to change your social media login details to ensure complete security.
What we’re responsible for
If something goes wrong with our services, please let us know as soon as possible. It is important to us that you’re happy with the service you receive, and we’d like an opportunity to fix any issues that arise.
If something does go wrong, we will be liable, in total, up to the value of the fees you have paid for the services since the start of this contract. We will not be liable for any indirect, special or consequential loss.
You understand that our work is based on creativity and, while we will always try to adhere to your expectations, there is an element of creativity and style involved, particularly in things like copywriting services. We are not in breach of these terms and conditions because you don’t like the style we have adopted in relation to these types of services.
Nothing in these terms and conditions excludes liability that can’t be excluded by law, for things such as death or personal injury caused by negligence, or fraud.
We won’t be liable where we are delayed or prevented from providing the services because an event of Force Majeure arises. Force Majeure refers to any event that is beyond the reasonable control of the parties and includes, but is not limited to: power failure, internet service provider failure, industrial action, civil unrest, theft, fire, flood, storms, earthquakes, acts of terrorism, acts of war, epidemic, pandemic, governmental action, rule or regulation, or any other event that is beyond the control of the party in question.
The legal bit…
If you or us wishes to send a notice to the other under these terms and conditions, the notice will be given in writing and sent by email to the other party’s last provided contact email address. Time of delivery will be the time of transmission. This will not apply to the service of legal proceedings.
Nothing in these terms and conditions creates a joint venture, employment relationship or legal partnership between you and us.
You can’t assign or transfer these terms and conditions to any third party without our consent, but we may do so (although we will notify you where we do this).
These terms and conditions, and the email we send to you detailing our services, are the entire agreement between you and us for the services.
These terms and conditions, and any non-contractual obligations arising hereunder, will be governed and construed by the laws of England and Wales. Any dispute that arises will be dealt with exclusively by the courts of England and Wales.