Terms and Conditions
Throughout these Terms and Conditions Ads On Top will be referred to as 'The Company' and you or your company will be referred to as 'The Client'.
These Terms and Conditions of Business shall form part of the contract between The Client and The Company for the supply of professional services set out in our correspondence. These terms and conditions govern The Client's use of The Company's website and services; by using this website and or The Company's services, The Client accepts these terms and conditions in full.
By undertaking a contract with The Company you give authorisation for The Company to create a legally binding contract between The Client and Google as per their current Terms and Conditions. The Company will not be liable for any fees, costs or payments to Google (including paying the pay-per-click costs) or for repercussions of any breach of their Terms and Conditions by The Client.
The Client's maximum budget for clicks on Google will be set out with the help of your expert adviser and will be controlled by setting a daily budget of which Google will not spend more than 30.4 times the daily budget in any calendar month. The Client may see discrepancies between your average daily budgets and total charges.
The Client's expert Adviser will be responsible for apportioning the budget across the Ad Groups and key-terms within your campaign but will not exceed the overall spend as set out above. The adviser will not increase or decrease the daily budget without The Client's prior written consent.
The Client's monthly management fee is calculated based on the size of the AdWords budget set, the number of campaigns that The Client wishes to run and the number of reports required each period.
A negotiated non-refundable setup fee will apply under all circumstances but The Company provides a free initial consultation with no obligation.
The Company offers Payment Per Keyword pricing (see pricing page for further details). A setup fee equal to 3 months management fee will also apply under this pricing structure. The Client will also be entitled to limited telephone consultancy.
The Company will invoice The Client monthly (by email) for AdWords Account Management and the setup fee will appear on the initial invoice. Payments are to be made within 10 working days from the date of the invoice unless it is the initial payment. Initial payment to The Company is due within 5 working days from the date of the invoice after placing an order, except where these terms are expressly modified by The Company in writing. Under normal circumstances The Client will provide payment via BACS or Standing Order. The Company may require immediate payment of the first invoice to demonstrate good faith. All initial payments are non-refundable (as work will begin immediately).
One-off services or any extra agreed requirements outside of the regular management fees will be invoiced separately and will be subject to the payment terms as above.
If payment is not received by the due date stated on an invoice issued by The Company, The Company reserves the right to charge The Client £20.00 for each week or part thereof that cleared funds have not been received.
The Company charge a setup fee and a monthly management fee which only cover the setup and regular maintenance of The Client's AdWords campaigns. They do not include anything else, such as travel expenses, subsistence or hotel costs, which will be billed separately and may require settlement in advance.
Any future increase in management fees will be notified to The Client in writing at least one month in advance before applying the new increased charge.
Where there is a dispute The Company's maximum liability to The Client is limited to returning fees but not including recharged expenses.
The Company agrees to only utilise Google approved techniques.
All advice provided by The Company outside of Google AdWords is undertaken and implemented at The Client's discretion and risk.
If circumstances unusual, unforeseen and beyond The Company's control prevent The Company from providing the service The Client will be notified at the earliest possible point in writing. The Company shall not be in breach of this contract, nor otherwise liable to The Client, by reason of any delay in performance or non-performance of any of its obligations due to Force Majeure. The Company will not be liable to The Client in respect of any losses arising out of any event or events beyond The Company's reasonable control.
The Company reserves the right to cancel any agreement by issuing one full calendar month notice in writing.
Fees payable to The Company under the terms of this contract are not attached to or restricted by or dependent upon any other activity by The Client, including The Client making payments to Google. Meaning, for example, that should The Client fail to make proper payments to Google resulting in the temporary suspension of adverts or services The Company's management fees will still apply and be payable.
The Company may suspend or terminate the contract if, in the reasonable opinion of The Company, material circumstances adversely affect the performance of The Company’s obligations under the contract, or where The Company reasonably determines that there has been a material non-disclosure of information by The Client leading to changes in circumstances which significantly alter the scope, nature or integrity of the project or detract from The Company's brand.
The Company reserves the right to terminate the contract with immediate effect should The Client be deemed in The Company's opinion to have breached either The Company's contract, Google's Terms and Conditions or if The Client goes into receivership.
In the event of the contract being terminated by The Company or by The Client all fees and expenses in respect of all professional services performed by The Company under the contract up to and including the date of termination, including the notice period, together with all reasonable costs and expenses incurred by The Company in connection with and in consequence of the termination of the contract shall be payable with immediate effect.
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