Terms & Conditions




Please do not be offended in any way by these terms as they are merely intended to create a firm basis for us to do business together.

Total Recall = Total Recall Southport Ltd & The Marketing Nag & Website Audits.

This document supersedes all previous publications.

While every effort will be made to meet deadlines, Total Recall cannot be held responsible for missed deadlines please allow plenty of time for your promotion, and take out any necessary insurance to cover your company.

Quotations are valid for 30 days.

Total Recall pride ourselves on client confidentiality and we advise that you do not share sensitive campaign data or passwords with unauthorised personnel.

All orders must be in writing.

Google Adwords service levels: we cannot guarantee the number of clicks you will receive in any given time, PPC is influenced by so many criteria from TV to time of day, week, year, competitor activity, budget constraints. We will endeavour to maintain the highest possible position for your given budget.

The Total Recall project contract is legally binding and enforcable.

Visibility: due to the nature of the internet and Google we cannot 100% guarantee that your campaign will be show 100% of its allotted time, your paynet per click is direct to Google and your legal contract for this is whith them and you must adhere to there T&C etc see Google Adwords T&C here:- https://support.google.com/adwordspolicy/answer/54818?hl=en-GB.

Please note there will be time when your advert does not show on Google this is because Google spaces out your budget over the schedules time, so the more you pay the more you show up. See the lattest Google Adwords policies and T&C on theirwebsite

The signature of any member of staff is deemed to be acceptance of placement & cancellation of order.

Cancellations: we regret that we cannot give refunds as the cost of the setup is subsidised by spreading it out over 12 months therefore the full payment will be expected even if the campaign is cancelled at any time.

Sales literature, Price lists and Product specifications are all subject to alteration without prior notice.

Total Recall reserves the right to charge interest at 5% monthly on overdue accounts.

Unless otherwise agreed Total Recall reserve the right to use samples or photos of your project in their promotional campaigns.

Customers are advised to take out insurance where necessary.

Total Recall shall not be under any liability arising from loss of use or loss of profit, interruption to business or any other indirect or consequential loss of any type arising or alleged to have arisen out of any act or default of Total Recalls in respect of the obligations hereunder.

Adwords Account Ownership: Total Recall retain the ownership of any PPC accounts created on behalf of clients, we will not use them without your consent, your maintenance and management payment is a form of rental- we will remove them from the internet if payment is not made correctly. All passwords remain private to Total Recall. Clients may purchase the ownership of the GA account - details supplied upon request.

Alterations to the PPC campaign: Clients agree to trust the judgement and skills of Total Recall when commissioning them to set up and manage their accounts. Clients are not permitted or authorised to make any changes to the accounts or to instruct and Google to make changes without the permission of Total Recall. Total Recall retain the right to alter, add, adapt, rework, reschedule the campaign as part of our ongoing campaign optimisation. Not all changes will be successful and Total Recall take no financial or moral responsibility for any damage or loss of revenue caused. These changes are all part of PPC working practice and normally result in a reduced cost per click and general campaign improvements.

Keywords cannot be guaranteed Not to be used in other client’s campaigns.

Non Google Projects:
When undertaking the production of - websites, landing pages, printed literature, printed materials, promotional items, internal documents, external documents, on and offline marketing materials and campaigns and all origination, artwork, illustrations,plates, screens, photographs, videos - all copyright and ip ownership remains the property of Total Recall until payment in full has been received or an agreement in writing.

Proof reading - when a client is requested to proof read/check for errors and item to be supplied by Total Recall the onus is on the client to spot errors and omission before they are manufactured or go to print. Total Recall will receive the agreed full payment even if errors have been missed by the client.
Where we are requested to use a hosting company owned or outsourced by our client then Total Recall accept No ownership of issues arriving for server related, dns, hosting issues, these are the responsibility of the hosting company or the clients it company. Our responsibility end once the site is uploaded and working for the first time.
The websites are content managed and if a client erroneously or maliciously damaged the coding outside of their permitted areas/remit then they will incur the costs for making good.
The client will be governed and expected to adhere to the terms of use of the respected internet service providers in respect of spam, port, malware, abuse, etc, see their Terms for details, Total Recall accept no responsibility for the online behaviour or activities of their clients.
All content & assets used by Total Recall, supplied by the client, in the production of a website or landing page must be owned by the cleint or have written permission for the use by the owner. Total Recall will not accept any breech of copyright, passing off or Contract and disputes governed by English law.
Termination of Agreement Either party shall have the right at any time to terminate this Agreement by not less than (insert) notice in writing to the other party. In addition, the Company shall have the right to terminate this Agreement at any time by summary notice without any payment in lieu in the event of the Contractor: being in material or persistent breach of any of the terms of this Agreement; dying or becoming by reason of incapacity incapable of managing their affairs; having a bankruptcy order made against him or her or making any arrangement with his or her creditors or having an interim order made against him or her; being convicted of any criminal offence other than a minor driving offence under the Road Traffic Acts; persistently and wilfully neglecting or becoming incapable for any reason of efficiently performing the Contractor’s Services; or doing any action manifestly prejudicial to the interests of the Company or which in the opinion of the Board may bring the Company into disrepute; and the Contractor shall have no claim against the Company in respect of the termination of his or her appointment for any of the reasons specified pursuant

Data Protection
The Company and the Contractor agree to comply with all applicable data protection legislation, including but not limited to the Data Protection Act 1998 and any subsequent amendments thereto.
No Employment
Nothing in this Agreement shall render or be deemed to render the Contractor an employee of the Company. This Agreement does not create any mutuality of obligation between the Contractor and the Company.

Force Majeure
If either party to this Agreement is prevented or delayed in the performance of any of its respective obligations under this Agreement by “force majeure”, then such party shall be excused the performance for so long as such cause of prevention or delay shall continue; For the purpose of this Agreement ‘force majeure’ shall be deemed to be any cause affecting the performance of this Agreement arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of such party and inter alia including, but not limited to the following:

o strikes, lockouts or other industrial action;

o terrorism, civil commotion, riot, invasion, war threat or preparation for war;

o fire, explosion, storm, flood, earthquake, subsidence, epidemic, bad weather or other natural physical disaster;

o impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and

o political interference with the normal operations.

Severability
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of this Agreement shall continue in full force and effect as if this Agreement had been executed with the illegal or unenforceable provision eliminated.

 

Payment terms

The weekly retainer/ppc maintenance fees should be paid into the Total Recall bank account on standing order weekly or monthly as agreed in the contract. Failure to do so will result in legal action and or the removal of the site or campaign from the internet.

 

Copyright

This site is operated by TOTAL RECALL All rights reserved.

All information and content including any images, software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes, distribution or transmission of any part(s) or content of this site by any means whatsoever is not permitted without the prior written permission of TOTAL RECALL Web site framing of this site or any part of it on any other site, or mirroring this site on another server, is expressly prohibited.

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of TOTAL RECALL and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the written permission of TOTAL RECALL or such third party which may own the Marks.

Please Note: Where you require us to print or imprint logos or trademarks onto promotional items or printed matter, you must (i) Be the Trademark, Brand, IP or copyright owner or have written permission from the owner to use/replicate/display their brand/ IP/logo/trademark. No liability on Total Recall or its owners is accepted where this permission has not been received.

We are a very Friendly company so please do not hesitate to phone us with any questions you may have, it is in both our interests that the job progresses smoothly.