Terms & Conditions

  1. Ability Website Design, "the company" is contracted to carry out the service of obtaining page one rankings on search engines. This service is to include providing one monthly ranking report and monthly re-submission to search engines and fine tuning of web pages and other actions it decides will maintain or increase rankings.

    The service provided does not include updates, changes, maintenance, re-optimising or any other work to the website, pages being promoted, or other, after the initial month of promotion. All updates, changes, re-optimising or any other work will be billed at £60 per hour + Vat. Billed at 30 minute increments with a minimum fee of 30 minutes. Search Engine registration fees other than those paid at the discretion of the company are also not included together with Domain renewal fees and website hosting fees for mirror sites after the contract has been terminated. Also not included is anything other than is stated herein unless agreed by the company in writing. Page one ranking is defined as appearing on the first page of search engines excluding websites that have paid to achieve top ranking.
  2. The company must have free and unrestricted access to the customer's website and the customer grants the company authority to submit website pages to Search Engines and directories within the Internet and register it during the term of the contract.
  3. It is agreed that any free search engine promotion listed in our Special Offers such as "Buy 4, Get 1 Free" are not covered by the guarantee.
  4. The company reserves the right to reject any keyword phrase. If any keyword phrase is rejected the customer will be notified before the contract commences and no charge will be made in respect to that keyword phrase
  5. The Company reserves the right to cancel the contract with immediate effect it believes the material or the Web Site being promoted may be obscene, unfair, untrue or otherwise unworthy of publication on the internet. The discretion of the Company is absolute. If the Company shall exercise its rights under this clause no refund or guarantee shall be made.
  6. The company's credit terms are 14 days from date of invoice and the customer agrees to pay interest of 4% per month in respect of fees still outstanding 14 days from date of invoice unless extended credit terms have been agreed in writing. In the event that outstanding fees become more than 14 days overdue the company reserves the right to withdraw and suspend the services without recourses or penalty. If more than 2 invoices become overdue the balance to the end of the renewal date will then become due for immediate payment. Property rights to any mirror sites or pages created by the company on the customers website belong to the Company at all times until they are paid for in full. Credit Facilities are subject to Status.
  7. This contract is ongoing and for a minimum of 12 months and renewed annually. Notice of termination must be given in writing by either the Company or the customer to be received at least one month before renewal.
  8. Where Search Engines require subscriptions to be listed these are the responsibility of the customer unless otherwise stated in writing. The Company reserves the right to substitute other popular Search Engines of its choice in place of Search Engines where subscriptions have not been paid. The Company also reserves the right to substitute alternative search engines if: a) The status of that search engine changes. i.e. The Search Engine ceases to be, is bought or sold, or becomes insolvent, or ceases to trade. or b) it becomes fee paying, pay per click etc. or c) The website being promoted is already listed or has been banned or categorised as a mirror or spamming site. or d) For any other reasonable reason.
  9. The customer warrants to the Company at all times that the material included in the Web Site: (a) is not in breach of the Intellectual Property rights of any third party including without limitation copyright, trademarks, database rights, rights in passing off, design rights and any other intellectual property rights including company names, trade names and URLs which may be created by statute, common law or otherwise from time to time. (b) is not obscene within the definition of the Obscene Publications Act 1959 or any other relevant provision, statute, common law or similar in force from time to time. (c) is not in breach of any code or provision of statute or common law or otherwise in force from time to time in relation to Advertising of Goods or Services to include without limitation regulation by the Advertising Standards Authority and the Committee of Advertising Practice. (d) contains no element of corporative advertising which is in breach of the Control of Misleading Advertisements (Amendment) Regulations 2000 or any other relevant provision, statute, common law or similar in force from time to time. (e) is not in breach of the Defamation Act 1996 or any other relevant provision, statute, common law or similar in force from time to time. (f) does not contain any misleading price comparison in breach of Consumer Protection Act 1987 or any other relevant provision, statute, common law or similar in force from time to time.
  10. Either party may by written notice to the other terminate this agreement immediately if one of the following events occurs:- (a) either party goes into liquidation or makes any arrangement or composition with its creditors or is otherwise unable to pay its debts within the meaning of Section 123 Insolvency Act 1986; (b) either party's ability to carry out its obligations under this agreement is prevented or substantially interfered with for any reason for a period in excess of three months (whether or not within the control of such party) including without limitation by reason of any regular law decree or any act of state or any other action of a government or (c) If free access is denied to the website before proper termination of contract without reasonable excuse or without agreement preventing the recovery of scripts, codes, and alterations etc the customer is liable for a further years fees. 9.2 Clause 9.1(b) shall not apply to the circumstances set out in Clause 12.
  11. At the renewal date the Company is not obliged to renew the contract. The Company may increase fees to the current rates in accordance with the Company’s charging policies. Any increase will be notified in writing or by email at least one month before the renewal date.
  12. The Company accepts no liability for loss of service, unavailability of files, damage of data, misuse of equipment by other customers, failure of any externally managed equipment or communications devices or other services deemed to be beyond the Company’s control.
  13. All copyright, database rights, patents, trade secrets and other proprietary and intellectual property rights including all future intellectual property rights created by statute or otherwise and all information which the Company may provide to the Customer or include on the customer's website shall (as between the parties) at all times remain vested in the Company and the Customer shall not acquire any such intellectual property rights or licence to such rights.
  14. Any web pages or other created on the customer website and using artwork supplied by the Company and the customer are deemed to be the property of the Company. These web pages, artworks, codes etc must be deleted at the end of the contract and must not be copied or used by the customer. It is agreed that if any of the pages, artworks or codes etc are used after termination of the contract the customer will be liable for another 12 months fees and any costs incurred to recover these.
  15. The Company reserves the right to alter or substitute Layouts, Text, Keyword Phrases, Graphics, Pages, Codes etc in order to maximise Search Engine Placement or Position and for Technical and other reasons.
  16. The customer agrees to allow the Company to display a small Icon on each page being promoted which shall be no larger than 16 x 16 pixels (about a quarter inch) plus the word "Ability Website Design" or "Website Promoted by" next to the icon which shall be positioned as not to detract from the main purpose of the site.
  17. This contract is subject to these terms and no others.