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Terms and Conditions

Business 1st Terms and Conditions
All products and services offered by Business 1st are provided subject to the following terms and conditions. No other terms and conditions set either by sales individuals or clients will be considered during the term of this agreement.
 
1. DEFINITIONS
2. TERM
3. SERVICES
4. REGISTRATION OF DOMAIN NAME
5. TRANSFER OF A DOMAIN NAME
6. RENEWAL OF DOMAIN REGISTRATION
7. SERVICES
8. E-COMMERCE
8.1 v3.0 B-SHOP
8.2 B-SHOP
9. WEBSITE DESIGN AND HOSTING
10. SEARCH ENGINEERING SERVICES
10.1 SEARCH ENGINE PREMIUM
10.2 SEARCH ENGINE PREMIUM MAINTENANCE
10.3 KEY PHRASE SELECTION POLICY
10.4 TRAFFIC GENERATOR
10.5 SEARCH ENGINE PLATINUM EXPRESS
10.6 SEARCH ENGINE PLATINUM
10.7 SEARCH ENGINE PLATINUM (Contract from 22nd APR 2003)
10.8 SEARCH ENGINE PLATINUM MAINTENANCE
11. CHARGES
12. WARRANTIES
13. DIGITAL CERTIFICATE
14 TERM AND TERMINATION
15. CONSEQUENCES OF TERMINATION
16. BUSINESS 1ST LIABILITY
17. INTELLECTUAL PROPERTY RIGHTS
18. FORCE MAJEURE
19. CONFIDENTIAL INFORMATION AND SECURITY
20. DATA PROTECTION
21. NOTICES
22. ASSIGNMENT AND SUB-CONTRACTING
23. GENERAL
24. LAW AND JURISDICTION
25 TERMS OF TELEPHONE SERVICE
26. FREEDIAL
27. INTERNET KEYWORDS
28. KEYWORD TRANSFERS
29. RENEWAL OF KEYWORD
30. REGISTRATION OF KEYWORDS UNDER THE KEYWORD PLUS SCHEME
31. KEYWORD PLUS TRANSFERS
32. RENEWAL OF KEYWORD PLUS
33. SUSPENSION AND CANCELATION OF SERVICES
34. TELEPHONY SERVICES
1 DEFINITIONS
1.1 In these Terms and Conditions, unless the context otherwise requires, the following terms shall have the following meaning: - "Acceptance of Use Policy" means the policy specified at http://www.b-1st.com/terms.htm or available in writing from Business 1st. "Application" means an application for the provision of the Services submitted by the Client to Business 1st; ”Business 1st”, "b-1st.com" means Business 1st, Rhodes House, 114 St. Leonards Gate, Lancaster, LA1 1NN, England. "Client" means the person, firm or company whose Application is accepted by Business 1st; "Dial-Up Connection" means the connection to the Internet using the dial up telephone numbers notified to the Client by Business 1st at time of purchase; "Domain Name" means the domain name requested by the Client on the Application or any alternative domain name offered by Business 1st pursuant to Clause 4.6. "Terms and Conditions" means these terms and conditions including any Schedules hereto.
1.2 Any agreement or provision of any of our services or clients under the contracts agreed with MRNet and the Client for the provision of the Services (an "Agreement") shall be entered into on the basis of these Terms and Conditions to the exclusion of any other terms and conditions set out or referred to in any document or other communication used by either party in concluding such an Agreement. In the event of any conflict between these Terms and Conditions and any other document or communication, these Terms and Conditions shall prevail.
1.3 Clause headings are for ease of reference and do not form part of nor shall they affect the interpretation of these Terms and Conditions.
1.4 Where the context so admits or requires words denoting the singular includes the plural and vice versa and words denoting any gender include all genders.
1.5 References to each party include its permitted assigns and successors by operation of law.
1.6 A person who is not a party to a Contract has no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any Term of these Terms and Conditions.
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2 TERM
2.1 Any Agreement shall commence on the date of acceptance by Business 1st of the Application by the Client. It shall continue for an initial period of 24 months unless an alternative term date is specified under specific service terms. It will continue annually thereafter unless and until terminated by either party on giving to the other 30 days written notice in accordance with clause 11.12 of these Terms and Conditions. Such notice to expire no earlier than the end of the initial period.
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3 SERVICES
3.1 Business 1st shall provide the Services using all reasonable care and skill subject to payment by the Client of all amounts payable hereunder on the dates specified therein or on the Application.
3.2 The Client shall do all things and provide all such information as is reasonably required by Business 1st to provide the Services in accordance with these Terms and Conditions. Failure on the Client's behalf to provide all information required will result in suspension of the service.
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4 REGISTRATION OF DOMAIN NAME
4.1 The Client acknowledges that domain names cannot be cancelled within the initial twenty-four month period once a contractual agreement has been signed.
4.2 On payment of the appropriate fee by the Client as specified in the Business 1st Price List. Business 1st shall apply for registration of the Domain Name requested by the Client on the Application. All domain names are registered for a minimum term of twenty-four months.
4.3 The Client Acknowledges that s(he) will be required to pay an annual pointing fee as set out in the Business 1st price list. This fee is payable on the anniversary of the contract date.
4.4 Registration of the Domain Name shall at all times be subject to the terms and conditions from time to time in force of the relevant naming authority or registration agent which terms and conditions are hereby included into these Terms and Conditions. The terms and conditions of the naming authority and registration agent currently used by Business 1st can be viewed online at the following URL's:-
4.4.1 For International TLD's (.com, .net, .org): http://www.opensrs.org/terms.html
4.4.2 For UK TLD's (.co.uk, etc.): http://www.nic.uk/ref/terms.html
4.4.3 For .uk.co domains: http://www.netregistrar.net/html/terms.htm
4.5 Any change of the relevant naming authorities or registration agents will be notified to the Client by posting of such change on the Business 1st website http://www.b-1st.com/terms.htm The Client acknowledges that s(he) is solely responsible for his/her own awareness of and compliance with such terms and conditions.
4.6 The Client agrees and acknowledges that Business 1st shall not be liable in any way for any acts, omissions or errors of the naming authority or registration agent in relation to the registration (or non-registration, as the case may be) of the Domain Name.
4.7 Whilst Business 1st will use all reasonable endeavours to obtain the Domain Name for the Client, the Client acknowledges that Business 1st shall not be liable for such registration where the Domain Name is or becomes unavailable for any reason whatsoever.
4.8 In the event that the Domain Name requested by the Client is unavailable or becomes unavailable, between Business 1st application for registration and the date the application is processed by the registration agent or naming authority, Business 1st will offer an alternative Domain Name to the Client and upon the Client's approval of such alternative Domain Name shall register that alternative domain name in accordance with the provisions of this Clause 4. For the avoidance of doubt the unavailability of the Domain Name or any replacement domain name shall not affect the validity of the relevant Agreement or the Client's obligation to pay the charges referred to in Clause 10.
4.9 Business 1st shall not be liable for any delay in activating the Domain Name on the Business 1st Server nor for any cost incurred by the Client as a result of such delay and the Client's obligation to pay the fees set out in Clause 10 shall not be affected by any such delay.
4.10 The Client warrants that the Domain Name does not infringe any intellectual property rights of any third party, including but not limited to trade marks registered or otherwise used by any third party and the Client shall indemnify and keep Business 1st indemnified in respect of any loss, damages, costs or other expenses arising out of or in connection with any breach by the Client of this Clause 4.7
4.11 The Client agrees, as a condition of any Agreement, to be bound by the dispute policy used from time to time by the relevant naming authority or registration agent, which policy can be found in the terms referred to in Clause 4.1 above.
4.12 The Client acknowledges that Business 1st shall have the right to cancel, suspend or transfer the Domain Name at any time upon receipt of a court order or arbitration award requiring such cancellation, suspension or transfer.
4.13 The Client acknowledges that domain names cannot be cancelled once registered. The Client understands and agrees that s(he) is liable to pay for all fees relating to domain name registration, once initial registration has taken place. All domain names are initially registered in the name of Business 1st. Upon full payment of the contract the domain name ownership will be modified to the name of the Client.
4.14 Domain names may be suspended or deleted by Business 1st where fees relating to annual pointing, domain name renewal or any other service relevant is not paid. The Client will be provided a notice of deletion 72 hours prior to deletion of the domain name.  
4.15Country code domain names can only be registered in Restrictive countries if the relevant documentation is provided in order to perform the registration. Business 1st does not hold liability for non-registration of CCTLD's due to negligence by the Client.The Client also recognises that a refund of deposits cannot be issued if this is the case.
4.16All domain names registered will be registered in the ownership of Business 1st until the client has paid all contractual fees associated with the clients account. The client will be allowed to transfer the domain name once all contractual obligations have been met.
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5 TRANSFER OF A DOMAIN NAME
5.1 On the Client's request Business 1st shall host an existing domain name owned by the Client (the "Existing Domain Name") always provided that the Client shall be solely responsible for the transfer of the Existing Domain Name to the Business 1st server on or after the commencement of any Agreement and for any fees payable to any third party in relation to such transfer. In order to effect the transfer the Client shall request his existing ISP or any other relevant third party:-
5.1.1 in the case of UK TLD's to modify the IPS Tag as required by Business 1st; and
5.1.2 in the case of international TLD's to replace the name servers, admin, technical and billing contact with the relevant details received from Business 1st.
5.2 On termination of this Agreement, the Client may transfer the Domain Name or any Existing Domain Name to any third party server subject to completion by the Client of a transfer form and payment by the Client of the transfer fee set out in the Price List and any other all fees applicable until the expiration of the contract and any other outstanding fees in force at the time of termination.  Domain names cannot be transferred out if requested within 60 days of the renewal date of the domain name.
5.3 Business 1st shall not be liable for any delay in such transfer and the Client's obligation to pay the fees set out in Clause 10 shall not be affected by any such delay.
5.4 Business 1st reserves the right not to release the Domain Name or the Existing Domain Name for transfer out if the initial period referred to in Clause 2.1 has not yet expired or if the Client, at the time of termination, is in breach of any of his obligations set out in Clauses 10, 11.1, 11.2 and 11.3.
5.5 In the event of a domain transfer to the Business 1st servers. Business 1st is neither liable nor responsible for transferring any existing sites previously hosted under the relevant domain name. The Client acknowledges the transfer of the website is entirely the Clients' responsibility.
5.6 Some ISP's ( Internet Service Providers ) may charge a release fee or may expect you to pay the remainder of a contract when a transfer request is submitted. The Client acknowledges that any fees must be paid by the Client and is not the responsibility of Business 1st.
5.7 In the event of any ISP refusing to release a domain name the Client acknowledges that Business 1st is not liable or responsible in any way and is not bound to intervene in such issues. In the event of intervention Business 1st reserves the right to charge the domain name handling fee as stated in the Business 1st price list. The Client acknowledges this fee is non-refundable regardless of failure to transfer the specified domain name(s). Any services purchased in conjunction with the domain name transfer cannot be refunded in case of a domain name transfer failure.
5.8 Services affected by non-transfer of the domain name cannot be refunded if other services have been paid for. In this event Business 1st will offer to register a .co.uk domain name as a replacement of the non-transferred domain name.
5.9 Domain name transfers within 2 months of renewal may take longer to transfer. In this situation clients must acknowledge that this cannot be changed.
5.10 All domain names transferred will be registered in the ownership of Business 1st until the client has paid all contractual fees associated with the clients account. The client will be allowed to transfer the domain name once all contractual obligations have been met.
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6 RENEWAL OF DOMAIN REGISTRATION
6.1 Business 1st will use its reasonable endeavours to ensure that the Domain Name or the Existing Domain Name will automatically be renewed after expiry of the initial or any subsequent two year registration period provided always that this Agreement remains in force up to the date of expiry of such period.
6.2 In consideration for renewal of the Domain Name or the Existing Domain Name by Business 1st and prior to the renewal date, the Client shall pay to Business 1st the annual renewal fee set out in the Price List.
6.3 Whilst Business 1st will use all reasonable endeavours to ensure that the Domain Name or the Existing Domain Name is renewed at the relevant renewal date, the Client acknowledges that it is not possible for Business 1st to guarantee such renewal and that Business 1st shall not be liable for any failure to renew the Domain Name or the Existing Domain Name.
6.4 In the event where renewal fees have been paid, the Client is entitled to transfer the domain name to an alternative ISP subject to payment of any further outstanding fees. The Client is not entitled to any refunds or compensation if domain names have been transferred out without first being renewed. 
6.5 The Client acknowledges that a domain name transfer to an alternative ISP can only be actioned if requested 30 days prior to the renewal of the domain name and all balances on the clients account are settled. In the event where the a transfer request has been sent after the notice period or there is a balance on the account then the Client acknowledges s/he is liable to pay the renewal and release fee as specified in the Business 1st Price List.
6.6 The Client acknowledges that failure to pay the annual or biennial renewal fee will result in suspension of the domain name. Any other service working in conjunction with the domain name will be suspended. Refunds and returns will not be provided for such action.
6.7 Clients will receive advance notification of the renewal date of the domain name. The Client acknowledges that it is their responsibility to request the cancellation of the domain name 30 days prior to the renewal date. Failure to do so will result in the automatic renewal of the domain name and all associated fees will become payable. Cancellations will only be accepted if received in accordance with clause 11.12 of these Terms and Conditions.
6.8 If a domain name becomes unavailable for any reason Business 1st will register another domain name on the client’s behalf. No refunds will be due in this instance.
6.9 Business 1st is not liable for loss of any material due to the Client's failure to pay for the renewal of the domain name at the relevant time.
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7. SERVICES
7.1 Business 1st shall upon payment of the appropriate fee as set out in the Business 1st Price List

7.1.1 provide to the Client a service for the relevant packages listed below:

  • Ecommerce :- B-Shop and V3.0 B-Shop
  • Web Design :- b1, b3 , b5, Packages
  • Search Engineering :- Search Engine Premium, Search Engine Platinum and Traffic Generator Programmes
  • Web Audio :- Web audio plus
  • Domain names :- UK Tld's, TLD's, SLD's and CCTLD's
  • Others :- Freedial, Internet Keywords, Web page edits, Hosting, Secure Hosting
Many of the services listed below are provided subject to the Client providing the relevant information required in order for this service. Business 1st will terminate, void, null all services if the Client fails to provide any information for the completion of any of the services offered by Business 1st. Refunds are not issued under this clause as it is classed as negligence on behalf of the Client.
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8.1 V3.0 B-SHOP
8.1.2 The V3.0 B-Shop Service is a prepaid service and the program will not be initiated until the Client has made full and complete payment.
8.1.3 The client acknowledges that certain information is required from them in order to allow Business 1st to provide the services in accordance with these Terms and Conditions. Failure on the client’s behalf to provide all information required will result in the suspension of the service.
8.1.4 The Client acknowledges that all data relating to the supply of this service must be provided via the V3.0 B-Shop set-up program. The Client acknowledges and agrees that an additional charge may be made if the Client fails to provide data as is reasonably required by Business 1st through the correct channel.
8.1.5 Business 1st acknowledges that all customers may not be comfortable with using a web interface to send website and product information. Business 1st will endeavour to accommodate all types of clients, however the Client agrees that there may be an additional fee applicable if extra time is required to deliver the final solution. All changes in fees will be notified by Business 1st prior to charging the clients account.

8.1.6 Upon completion of the set up program, the Client agrees to supply all other information requested by Business 1st on the set up program. These include images in either .gif or .jpeg format. Upon receipt the design process will be started. The Client acknowledges that V3.0 B-Shop websites can take up to 6 weeks before publishing on a temporary location.
8.1.7 Upon creation of the site, Business 1st will contact the Client by email or fax. The Client will be notified of the location at which the site has been published together with instructions of what is required from the Client in order to complete the site. The Client will be provided an opportunity to specify one set of free changes to the site. This allocation of free changes can only relate to minor edits such as spelling errors, change of text, change of colours and images only. Complete re-designs will be regarded as extra work and will be charged for accordingly. Changes to product info will not be completed by Business 1st. Client's will be provided complete access to make such edits via the management console.
8.1.8 Design of the site, relating to text, images, product information, colours, font and layout will be displayed in a format set by the Client. The Client acknowledges that he or she is liable for any additions or edits to the aspects of the site listed above once the site has been placed on a temporary location or published on the Internet.
8.1.9 Upon completion of the site, the Client will be asked to choose from three types of merchant facilities for accepting credit cards:
8.1.10.2 Business 1st will integrate either the SSL system as standard.
8.1.10.3 Alternatively the payment gateway offered by Worldpay PLC can be added for an extra fee of £99.99 + vat. The Client acknowledges there is an additional fee, which will be applicable for this service also payable to Worldpay. All fees are set in the Business 1st price list.
8.1.10.4 Alternatively the client can chose to clear payments processed via a PDQ machine through the Protex Clearing System. The client acknowledges that there is a fee payable to directly to Protex before this system can be initiated.
8.1.11 Any future modifications to the product data will be made via the management feature supplied with the website. The Client acknowledges he or she is responsible for making any further modifications to the website via the management feature. Access to the management console will be restricted by Business 1st for the dial up connection provided by Business 1st only.
8.1.12 Business 1st will provide a customer support service to the Client for problems relating to V3.0 B-Shop set-up, implementation and use of the V3.0 B-Shop management facility during the hours of 9am to 5.30pm Monday to Friday.
8.1.13 The client agrees to pay a monthly fee for the continuation of the service as set out in the Business 1st price list. The monthly fee includes all hosting costs and the renewal of licence fees included in the initial package. Any additional services or upgraded licence fees are subject to an annual renewal charge as set out in the Business 1st price list.
8.1.14 The monthly fee is payable in advance from the date the site is placed live on the Internet. The client agrees to pay for the first three months in advance and thereafter by standing order or on receipt of invoice.
8.1.15 The monthly charge has a minimum contract term of twelve months after which time the client can cancel the services by providing 30 days written notice in accordance with clause 11.12 of these Terms and Conditions.
8.1.16 All V3.0 B-Shop websites use server sided software. We are unable to provide copies of websites on disks or disclose access details to any party including the Client. All modifications to the V3.0 B-Shop websites must be conducted through the use of the management console. All software created by Business 1st is copyrighted and therefore all websites must remain on our own servers.
8.1.17 All hosting accounts are provided a maximum limit of 2.5GB bandwidth usage every month. In the event where any website is above this limit in a particular month, additional charges are payable for the excess bandwidth used. The client will be notified of the total bandwidth usage for a particular month and will be provided with two options.
Option 1 : The client can choose to pay a flat rate fee of £0.02 for every 1 megabyte above the limit for a particular month.
Option 2: The Client can choose to pay a monthly fee to increase the bandwidth limit. The charges are as follows:
Increase by 10GB per month @ £10.00 per GB per month
Increase by 25GB per month @ £7.00 per GB per month
Increase by 50GB per month @ £5.00 per GB per month
All monthly bandwidth packages are payable annually and carry a minimum term of 12 months. Fees are non refundable in the event where the hosting service is terminated prior to the 12 month term finishing. The client will be required to choose the option they wish to proceed with within 3 working days. Failure to do so will result in additional charges being raised based on a calculation using Option 1. All invoices are payable within 7 days. Failure to do so will result in suspension of the hosting service.
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8.2. B-SHOP
8.2.2 grant to the Client a non-exclusive non-transferable licence to use the b-shop set-up interface in accordance with the provisions of the end-user licence a copy of which will be supplied to the Client at the time of delivery of the Service; and
8.2.3 allow the Client access to the E-Commerce set up available at www.b-1st.com/~b-shop
8.2.4 The Client acknowledges that all data relating to the supply of this service must be provided via the b-shop set-up program. The Client acknowledges and agrees that an additional charge may be made if the Client fails to provide data as is reasonably required by Business 1st through the correct channel.
8.2.5 Business 1st acknowledges that all customers may not be comfortable with using a web interface to send website and product information. Business 1st will endeavour to accommodate all types of clients, however the Client agrees that there may be an additional fee applicable if extra time is required to deliver the final solution. All changes in fees will be notified by Business 1st prior to charging the clients account.
8.2.6Upon completion of the set up program, the Client agrees to supply all other information requested by Business 1st on the set up program. These include images in either .gif or .jpeg format. Upon receipt the design process will be started. The Client acknowledges that b-shop websites can take up to 6 weeks before publishing on a temporary location.
8.2.7 Upon creation of the site, Business 1st will contact the Client by email or fax. The Client will be notified of the location at which the site has been published together with instructions of what is required from the Client in order to complete the site. The Client will be provided an opportunity to specify one set of free changes to the site. This allocation of free changes can only relate to minor edits such as spelling errors, change of text, change of colours and images only. Complete re-designs will be regarded as extra work and will be charged for accordingly. Changes to product info will not be completed by Business 1st. Client's will be provided complete access to make such edits via the management console.
8.2.8 Design of the site, relating to text, images, product information, colours, font and layout will be displayed in a format set by the Client. The Client acknowledges that he or she is liable for any additions or edits to the aspects of the site listed above once the site has been placed on a temporary location or published on the Internet.
8.2.9 Upon completion of the site, the Client will be asked to choose from two types of merchant facilities for accepting credit cards. Business 1st will integrate either the SSL system as standard. Alternatively the payment gateway offered by Worldpay PLC can be added for an extra fee of £99.99 + vat. The Client acknowledges there is an additional fee, which will be applicable for this service also payable to Worldpay. All fees are set in the Business 1st price list.
8.2.10 Any future modifications to the product data will be made via the management feature supplied with the website. The Client acknowledges he or she is responsible for making any further modifications to the website via the management feature.
8.2.11 Business 1st will provide a customer support service to the Client for problems relating to b-shop set-up, implementation and use of the b-shop management facility during the hours of 9am to 5.30pm.
8.2.12 The Client acknowledges, due to the association of grants with this product the Client must pay the invoice for the Client's contribution towards the b-shop program within 14 days of signing and returning the agreement. Failure to pay all invoices could result in loss of any grants issued.
8.2.13 The Client acknowledges that grants are provided on the basis that the Client will pay his/her contribution within 14 days of any invoices issued. For the avoidance of doubt the unavailability of the grant or any form of subsidy provided after 14 days shall not affect the validity of the relevant Agreement or the Client's obligation to pay the charges referred to in Clause 10
8.2.14An annual license fee of £99.99 will be paid by the Client for the use of the standard b-shop software. Renewal fees for upgraded websites will be applicable annually at the relevant fee paid at time of order. Failure to pay any fees associated with b-shop will result in suspension of the service.
8.2.15 Additional features such as the thawte logo, updateable pages and b-shop database upgrades are all extras and not provided as standard with b-shop. The costs of these features are listed in the Business 1st price list
8.2.16 Upon completion of the site the Client will pay the annual hosting fee as stated in the Business 1st price list. Failure to send notification of changes or request to place the website live within 14 days will result in suspension of the service or if we have a registered payment form such as credit card then Business 1st reserves the right to place the website live without notice and charge the Client for any relevant fees.
8.2.17 All b-shop websites use server sided software. We are unable to provide copies of websites on disks or disclose access details to any party including the Client. All modifications to the b-shop websites must be conducted through the use of the management console. All software created by Business 1st is copyrighted and therefore all websites must remain on our own servers.
8.2.18 Minimum systems requirement are as follows: -
Business 1st is not liable for aspects of the software that do not work due to client not meeting our minimum systems requirement.
In the event where the specific aspects of bshop software do not work on a clients PC and the client is meeting minimum system requirements, the client will be required to apply a system check on his PC through a professional computer engineer. Business 1st can provide details of who can do these checks.
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9. WEBSITE DESIGN AND HOSTING
9.1 Business 1st shall create and develop the Web Site in accordance with the options selected by the Client on the Application.
9.2 Any updates and/or amendments to the Web Site shall be made by the Client by accessing the Web Site on Business 1st website server via the Dial-Up Connection provided by Business 1st only. In the event that the Web Site is accessed, updated or amended in any other way than via the Dial-Up Connection the Client shall pay to Business 1st the fee specified in the Business 1st price list. Whilst Business 1st shall use all reasonable endeavours to ensure that the Web Site can be accessed by users of the Internet at all times, the Client acknowledges that it is technically impossible to provide such access free of fault at all times and Business 1st does not undertake to do so. Business 1st expressly reserves the right to suspend availability of the Web Site for the purpose of necessary or scheduled maintenance. Access to the Web Site may also be adversely affected by conditions and performances outside Business 1st'scontrol, including without limitation the breakdown of transmission and telecommunication links.
9.3 The Client acknowledges that all hosting fees and maintenance fees are subject to a minimum term of 12 months. In the event of the Client wishing to cancel the hosting the Client will be liable to pay all remaining fees up to and including the 12-month contract. All cancellations must be received in accordance with clause 11.12 of these Terms and Conditions.
9.4 Business 1st is not liable for loss of websites due to server failure. Access to the hosting space provided by Business 1st will be charged at an additional fee as stated in Business 1st price list.
9.5 On completion of the relevant application form and payment of the selected service the Client will be provided with instructions relating to supply of any design material required by Business 1st in order to provide the services specified. The Client agrees to provide all information as is reasonably required by Business 1st. The Client also agrees that Business 1st is not liable for delay on sites due to Clients failure to provide data in a format suitable for Business 1st.
9.6 The Client acknowledges that data for the selected web design package must be provided within 3 months from the date on the contract. Failure to do so will result in loss of any deposits or fees paid by the Client.
9.7 The Client also acknowledges that Business 1st is not liable or responsible if Client cannot view the site due to hardware failure or incapability to access the Internet.
9.8 The Client will be provided with a consultation with the Business 1st design administrator once payment has been made and all relevant information has been sent. The purpose of this consultation will be to establish the Client's requirements and opinions of style and layout of sites to be designed. Business 1st will provide guidance and ideas towards the design process.
9.9 The Client also acknowledges that Business 1st is not liable nor responsible if clients cannot view the site due to hardware failure or incapability to access the Internet. All websites hosted by Business 1st are hosted on industry standard Unix, NT and Coldfusion web servers. The Client acknowledges that Business 1st is not liable to refund fees if sites cannot be hosted on industry standard web servers. All advice on hosting solutions provided by representatives of Business 1st is based on all software to be uploaded to the web servers meeting standard web server requirements.
9.10 Clients will be provided an opportunity to specify changes to the site. These changes cannot include new material nor can they include re-design of the site in a new layout.
9.11 Failure to send notification of changes or request to place the website live within 14 days will result in suspension of the service or if we have a registered payment form such as credit card then Business 1st reserves the right to place the website live without notice and charge the Client for any relevant fees.
9.12 In the event where a client fails to provide adequate information within 3 months of signing the agreement, Business 1st reserves the right to request all contractual fees outstanding. Business 1st may also terminate the service if clients fail to provide adequate information for a period of 6 months from the date of purchase.
9.13 Clients who have been offered extended payment terms, i.e. where a 50% deposit is paid and 50% is to be paid on completion or where payment is required on completion must provide all requried material within 3 months of purchase of service. In the event where the client fails to provide the material required, Business 1st reserves the right to request full payment of service.
9.14 All hosting accounts are provided a maximum limit of 2.5GB bandwidth usage every month. In the event where any website is above this limit in a particular month, additional charges are payable for the excess bandwidth used. The client will be notified of the total bandwidth usage for a particular month and will be provided with two options.
Option 1 : The client can choose to pay a flat rate fee of £0.02 for every 1 megabyte above the limit for a particular month.
Option 2: The Client can choose to pay a monthly fee to increase the bandwidth limit. The charges are as follows:
Increase by 10GB per month @ £10.00 per GB per month
Increase by 25GB per month @ £7.00 per GB per month
Increase by 50GB per month @ £5.00 per GB per month
All monthly bandwidth packages are payable annually and carry a minimum term of 12 months. Fees are non refundable in the event where the hosting service is terminated prior to the 12 month term finishing. The client will be required to choose the option they wish to proceed with within 3 working days. Failure to do so will result in additional charges being raised based on a calculation using Option 1. All invoices are payable within 7 days. Failure to do so will result in suspension of the hosting service.
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10. SEARCH ENGINEERING SERVICES
10.1 SEARCH ENGINE PREMIUM SERVICE
10.1.2 The Search Engine Premium Service is a prepaid service and the program will not be initiated until the Client has made full and complete payment.
10.1.3 The initial term of the Search Engine Premium Service is set at 16 weeks. Business 1st will achieve 1st page positions equalling the number of key phrases to be submitted as part of the program within 16 weeks. For example if a customer purchases Premium 10 we will guarantee 10 first page positions across the search engines within 16 weeks. This does not mean on each and every search engine but across any of the search engines we submit to.
10.1.3 The Client acknowledges that this service is provided subject to Business 1st receiving the desired key phrases to be engineered and promoted on the relevant search engines from the list of key phrases supplied by Business 1st. The Client is solely responsible for providing this information. Failure to supply the required key phrases within a reasonable period of time will result in Business 1st specifying a relevant series of key phrases on the Client's behalf.
10.1.4 The Client will be given the option to choose key phrases, however in the event where Business 1st believes key phrases that have been requested will not benefit the Clients website directly, Business 1st reserves the right to force the Client to specify alternative key phrases as specified by Business 1st.
10.1.5 The client will be provided with two options for the optimisation techniques they wish to apply.
10.1.5.2 The first will be a website engineer option which will require FTP access to the clients main website.
10.1.5.3 In the event where the client cannot provide these details or where the client specifies the creation of a pilot website, Business 1st will design and host a pilot website totalling no more than 3 pages. In addition, in situations where Business 1st deems the clients website not suitable for the engineering option, Business 1st reserve the right to use the Pilot Site option to complete the optimisation work. This website will be hosted under a separate domain name and will be linked to the clients main website. Content will be taken from the clients main website or provided by the client upon discussion with the Search engineer. All pilot sites created are template driven and the client is not provided freedom to change layout or design of the pilot website. Clients will be provided with the right to modify content prior to the website being published on the Internet. Business 1st may use content from other industry related websites in order to improve content on the clients website. This content can be verified and checked by the client and in the event where the client is dissatisfied with the content used then it is the responsibility of the client to provide alternative content.
10.1.6 The required 16 week period begins once the client has confirmed the key phrases to be submitted and supplied the FTP access codes for the engineering and Business 1st have confirmed acceptance of the key phrases subject to the client paying the initial fee.
10.1.7 In the case of a Pilot Site option being chosen, the 16-week period commences from the Pilot Site going "live" on the Internet.
10.1.8 If Business 1st does not achieve the contracted listings within the 16 week period the service will continue until such time as the listings have been attained.
10.1.9 Clients who are provided with free key phrases as part of the original sale will not be guaranteed first page rankings on those key phrases.
10.1.10 Once the initial program has been successfully completed the client will have the option to sign up to the maintenance service. Clients who fail to sign to the maintenance service after 7 days will result in termination of the service. Business 1st does not hold liability if positions on search engines begin to drop once the service has been terminated.

10.1.11 Cancellation of the service will result in removal of all websites designed by business 1st under this service. All domain names registered are still registered to the client and clients are responsible for all registry fees applicable under domain name rules.
10.1.12 Business 1st will provide the client with a listings report at the end of the 16-week period. If the client requires any additional reports during the term of the program they must send a request via e-mail to search@business1st.uk.com.
10.1.13 Whilst Business 1st shall use its reasonable endeavours to ensure that backup copies of the Web Site and all Client data contained in the Web Site are made at reasonable intervals, the Client shall be solely responsible for the backup of such data and Business 1st shall not be liable for any damages, loss, costs or other expenses arising out of or in connection with any loss of data by the Client which are due to the failure of the Client or Business 1st to back up such data.
10.1.14 The Client agrees not to make any edits to the website within the term of this program. The Client acknowledges that if the engineering is overwritten by the client or the client's agent, then the guarantee period will be restarted when the engineered content is uploaded again, or, if the old engineering is no longer appropriate to the existing engineering then the client will be charged for re-engineering and the guarantee term will begin when the new engineered site is uploaded.
10.1.15 In the event where the client fails to follow any instructions issued by Business 1st for the provision of this service, Business 1st reserves the right to either revoke the guarantee provided under this service or suspend or even cancel the service altogether. In the event of a breach of contract by the client all agreed payment terms will be cancelled and the entire balance for the duration of the agreement will be payable on demand.
10.1.16 Although first page rankings reflect the traffic generated on a clients website, Business 1st at no time attempts to guarantee the client a fixed sum of traffic as traffic levels are effected by popularity of a particular industry or key phrase submitted to the search engines.
10.1.17 If the results specified in clause 10.1.3 are not achieved within the 16 week period, Business 1st will continue to work on the site at no extra cost until they have been achieved. At this time continuation of the work will be subject to the client assigning to the monthly maintenance service. No refunds will be issued.
10.1.18 Business 1st makes no promises to abide by published search engine guidelines and at times may use techniques which the search engine do not approve of. No website has ever been banned using our techniques. The client accepts the use of our techniques by signing the agreement
10.1.19 The client indemnifies Business 1st of any liability should the website be banned from the search engines due to the engineering process applied by Business 1st.
10.1.20 In the event where Business 1st fails to achieve the required minimum search engine listings and feels it is unable to achieve these positions, the client will be provided with the option to terminate the service. If this option is chosen by the client a refund of no more than 10% of the original service fee will be paid to the client.
10.1.21 Business 1st may use hidden content pages as part of the optimisation process. These pages are not visible to the viewer but are visible to search engines. Business 1st uses applies content which is non sensical but is rich in keyword density for the relevant keyphrases being worked on as part of the service. It is Business 1st's discretion if we use this technique. Clients may ask to have this content removed but are then required to provide alternative keyword dense content. Your obligations under this service are not void if this technique is used.
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10.2. SEARCH ENGINE PREMIUM MAINTENANCE SERVICE
10.2.2 Once the initial 16-week service is complete the client will have the option to sign up to the maintenance service.
10.2.3 The cost of the maintenance service is dependant on the number of key phrases that were engineered as part of the initial programme. If the client has ten key phrases they will be required to pay £39.99+VAT. If the client has twenty key phrases they will be required to pay £49.99+VAT. If the client has thirty key phrases they will be required to pay £49.99+VAT. The maintenance fee is payable four weekly in advance.
10.2.4 This service does not carry any minimum term and can be cancelled by both parties by providing 30-days notice in accordance with clause 11.12 of these terms and conditions.
10.2.5 Business 1st does not offer any guarantee on maintaining positions on a monthly basis. Clients are obligated to pay the monthly maintenance fee until the service is cancelled, as specified above.
10.2.6 Clients acknowledge that it is their duty to monitor the performance of their results and Business 1st is at no point obligated to provide evidence of positions during the monthly maintenance program. In the event where the client is dissatisfied with the results maintained then the client must report the problem to our chief engineer. All contractual obligations are not affected in this event.
10.2.7 If the client requires any additional reports during the term of the maintenance they must send a request via e-mail to search@business1st.uk.com.
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10.3 SEARCH ENGINE OPTIMISATION KEY PHRASE SELECTION POLICY
10.3.2 The Business 1st key phrase selection policy as laid out in this clause only refers to the Search Engine Premium, Search Engine Platinum and Search Engine Platinum Express Services.
10.3.3 Business 1st does not promote single word key phrases as part of any of our search engine optimisation process. Requests for single word key phrases will be refuted and the client will be asked to change the key phrase request.
10.3.4 Upon Sign up, clients will be sent a list of key phrases to choose from. These key phrases are carefully selected to provide maximum-targeted traffic.
10.3.5 Business 1st reserves the right to refute generic terms which have no direct relevancy to the clients website.
10.3.6 In the event of a disputed key phrase, Business 1st will supply the client with alternative key phrases to choose from. The client is obligated to choose from this list provided. Failure to specify the key phrase will result in Business 1st specifying the key phrase for the client.
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10.4. TRAFFIC GENERATOR SERVICE
10.4.3 The term of the service is set at twelve weeks. Business 1st will guarantee to achieve “unique hits” equalling the number purchased by the client within the term of the program.
10.4.4 The twelve-week period begins on the date that the client receives confirmation of their key phrases.

10.4.5 The key phrases are decided upon solely by Business 1st. The client does not have the right to request changes to the key phrases.
10.4.6 During the course of the programme Business 1st will submit the key phrases to Overture in order to generate traffic for the client. Business 1st does not guarantee rankings as part of this programme. The key phrase listings will appear across the following search engines: Altavista; MSN; Ask Jeeves; Freeserve; AOL Anywhere; Yahoo; Infospace and Lycos.
10.4.8 A pro rata refund will be issued if Business 1st fails to achieve the selected number of “unique hits” within the twelve week programme. If the client assigns to the Traffic 500 service and Business 1st only achieves 450 “unique hits” within twelve weeks, the client will receive a refund equalling the cost of 50 “unique hits”.
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10.5. SEARCH ENGINE PLATINUM EXPRESS
10.5.4 Business 1st will issue complete refund to the client, should we fail to meet the guarantee as stated in term 10.5.3. Clients should allow seven working days to receive the final first page ranking report after the initial term has finished. Customers should allow for postal delays as Business 1st may issue the report on the final day of the guarantee period.
10.5.5 The Client will have the option to continue the service after the initial guarantee has been achieved subject to receiving a signed application for the Platinum maintenance option for the fee stated in the Business 1st price list.
10.5.6 The Client will be given the option to choose key phrases, however in the event where Business 1st believes key phrases that have been requested will not benefit the Clients website directly, Business 1st reserves the right to force the Client to specify alternative key phrases as specified by Business 1st.
10.5.7 During the course of the program the Client will be notified of the positions through one of the engineers within the Search Engineering department.
10.5.8 During the course of the maintenance service Business 1st may request to increase the monthly fee payable in the event where the key phrases supplied increase in popularity and the time involved in maintaining the position on the search engines increases. Clients will be notified 72 hours in advance if Business 1st requests to increase the monthly payment. Clients will be provided with the option to change the key phrase that is less popular and time consuming to maintain. If the Client chooses this option then Business 1st will not increase the monthly fee payable.
10.5.9 Whilst Business 1st shall use its reasonable endeavours to ensure that backup copies of the Web Site and all Client data contained in the Web Site are made at reasonable intervals, the Client shall be solely responsible for the backup of such data and Business 1st shall not be liable for any damages, loss, costs or other expenses arising out of or in connection with any loss of data by the Client which are due to the failure of the Client or Business 1st to back up such data.
10.5.10 Clients will be provided with maintenance for 4 weeks once the minimum guarantee has been met. Further to this the client will be provided with 7 days to decide whether they wish to have the service maintained for subsequent months after the initial 12-week program. Clients who fail to sign to the maintenance service after 7 days will result in termination of the service. Business 1st does not hold liability if positions on search engines begin to drop once the service has been terminated.
10.5.11 In the event where Business 1st fails to achieve the desired positions within the 8 week program, Business 1st will issue refunds in the form of the payment that was initially taken. In the event where clients are dissatisfied with rankings achieved as part of the service, Business 1st will only accept dispute cases within 7 days of sending the 1st page report. Client cases that pass the 7-day period will not be heard or dealt with by Business 1st.
10.5.12 The Search Engine Platinum service is a prepaid service and the program will not be initiated until the Client has made full and complete payment. The 8-week period requested will begin from the date the Client receives confirmation from our engineers that the service has been started.
10.5.13 The Search Engine Platinum maintenance service can be terminated by either party subject to providing a 30-day written notice. Business 1st reserves the right to terminate the maintenance service in the event where the Client refuses to accept or follow our keyword selection policy.
10.5.14 The client will be provided with two options for the optimisation techniques they wish to apply. The first will be a website engineer option which will require FTP access to the clients main website. In the event where the client cannot provide these details or where the client specifies the creation of a pilot website, Business 1st will design and host a pilot website totalling no more than 3 pages. Content will be taken from the clients main website or provided by the client upon discussion with the Search engineer. All pilot sites created are template driven and the client is not provided freedom to change layout or design of the pilot website. Clients will be provided with the right to modify content prior to the website being published on the Internet. Business 1st may use content from other industry related websites in order to improve content on the clients website. This content can be verified and checked by the client and in the event where the client is dissatisfied with the content used then it is the responsibility of the client to provide alternative content.
10.5.15 Clients who are provided with free key phrases as part of the original sale will not be guaranteed first page rankings on those key phrases.
10.5.16 The Client agrees not to make any edits to the website within the term of this program. The Client acknowledges that if the engineering is overwritten by the client or the client's agent, then the 8 week guarantee period will be restarted when the engineered content is uploaded again, or, if the old engineering is no longer appropriate to the existing engineering then the client will be charged for re-engineering and the 8 week term will begin when the new engineered site is uploaded.
10.5.17 Cancellation of the service will result in removal of all websites designed by business 1st under this service. All domain names registered are still registered to the client and clients are responsible for all registry fees applicable under domain name rules.
10.5.18 In the event where the client fails to follow any instructions issued by Business 1st for the provision of this service, Business 1st reserves the right to either revoke the guarantee provided under this service or suspend or even cancel the service altogether. In the event of a breach of contract by the client all agreed payment terms will be cancelled and the entire balance for the duration of the agreement will be payable on demand.
10.5.19 In the event where the client does not allow Business 1st ftp access to his site and instead agrees to upload the content himself the guarantee period is set at twelve weeks from the date that Business 1st has sent the content to the client. If the client fails to upload the content within a reasonable period of time he will be seen to be in breach of clause 10.5.18.
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10.6 SEARCH ENGINE PLATINUM
10.6.2 The Client acknowledges that this service is provided subject to Business 1st receiving the desired key phrases to be engineered and promoted on the relevant search engines from the list of key phrases supplied by Business 1st. The Client is solely responsible for providing this information. Failure to supply the required key phrases within a reasonable period of time will result in Business 1st specifying a relevant series of key phrases on the Client's behalf.
10.6.3 The initial term of the Search Engine Platinum program is set at 8 weeks. Business 1st will guarantee to achieve top 10 positions equalling the number of key phrases to be submitted as part of the program within 8 weeks. For example if a customer purchases Platinum 5 we will guarantee 5 top 10 positions across the search engines within 8 weeks. The required 8 weeks begins once the client has confirmed the key phrases to be submitted and supplied the FTP access codes for the engineering and Business 1st have confirmed acceptance of the key phrases subject to the client paying the initial fee. In the case of a Pilot Site option being chosen, the 8-week period commences from the Pilot Site going "live" on the internet.
10.6.4 Business 1st will issue complete refund to the client, should we fail to meet the guarantee as stated in term 10.6.3. Clients should allow seven working days to receive the final first page ranking report after the initial term has finished. Customers should allow for postal delays as Business 1st may issue the report on the final day of the guarantee period.
10.6.5 The Client will have the option to continue the service after the initial guarantee has been achieved subject to receiving a signed application for the Platinum maintenance option for the fee stated in the Business 1st price list.
10.6.6 The Client will be given the option to choose key phrases, however in the event where Business 1st believes key phrases that have been requested will not benefit the Clients website directly, Business 1st reserves the right to force the Client to specify alternative key phrases as specified by Business 1st.
10.6.7 During the course of the program the Client will be notified of the positions through one of the engineers within the Search Engineering department.
10.6.8 During the course of the maintenance service Business 1st may request to increase the monthly fee payable in the event where the key phrases supplied increase in popularity and the time involved in maintaining the position on the search engines increases. Clients will be notified 72 hours in advance if Business 1st requests to increase the monthly payment. Clients will be provided with the option to change the key phrase that is less popular and time consuming to maintain. If the Client chooses this option then Business 1st will not increase the monthly fee payable.
10.6.9 Whilst Business 1st shall use its reasonable endeavours to ensure that backup copies of the Web Site and all Client data contained in the Web Site are made at reasonable intervals, the Client shall be solely responsible for the backup of such data and Business 1st shall not be liable for any damages, loss, costs or other expenses arising out of or in connection with any loss of data by the Client which are due to the failure of the Client or Business 1st to back up such data.
10.6.10 Clients will be provided with maintenance for 4 weeks once the minimum guarantee has been met. Further to this the client will be provided with 7 days to decide whether they wish to have the service maintained for subsequent months after the initial 12 week program. Clients who fail to sign to the maintenance service after 7 days will result in termination of the service. Business 1st does not hold liability if positions on search engines begin to drop once the service has been terminated.
10.6.11 In the event where Business 1st fails to achieve the desired positions within the 8 week program, Business 1st will issue refunds in the form of the payment that was initially taken. In the event where clients are dissatisfied with rankings achieved as part of the service, Business 1st will only accept dispute cases within 7 days of sending the 1st page report. Client cases that pass the 7-day period will not be heard or dealt with by Business 1st.
10.6.12 The Search Engine Platinum service is a prepaid service and the program will not be initiated until the Client has made full and complete payment. The 8-week period requested will begin from the date the Client receives confirmation from our engineers that the service has been started.
10.6.13 The Search Engine Platinum maintenance service can be terminated by either party subject to providing a 30-day written notice. Business 1st reserves the right to terminate the maintenance service in the event where the Client refuses to accept or follow our keyword selection policy.
10.6.15 Clients who are provided with free key phrases as part of the original sale will not be guaranteed first page rankings on those key phrases.
10.6.16 The Client agrees not to make any edits to the website within the term of this program. The Client acknowledges that if the engineering is overwritten by the client or the client's agent, then the 8 week guarantee period will be restarted when the engineered content is uploaded again, or, if the old engineering is no longer appropriate to the existing engineering then the client will be charged for re-engineering and the 8 week term will begin when the new engineered site is uploaded.
10.6.17 Cancellation of the service will result in removal of all websites designed by business 1st under this service. All domain names registered are still registered to the client and clients are responsible for all registry fees applicable under domain name rules.
10.6.18 In the event where the client fails to follow any instructions issued by Business 1st for the provision of this service, Business 1st reserves the right to either revoke the guarantee provided under this service or suspend or even cancel the service altogether.
10.6.19 In the event where the client does not allow Business 1st ftp access to his site and instead agrees to upload the content himself the guarantee period is set at twelve weeks from the date that Business 1st has sent the content to the client. If the client fails to upload the content within a reasonable period of time he will be seen to be in breach of clause 10.6.18.
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10.7 SEARCH ENGINE PLATINUM - FOR CONTRACTS SIGNED FROM 29/04/03
10.7.2 The Client acknowledges that this service is provided subject to Business 1st receiving the desired key phrases to be engineered and promoted on the relevant search engines from the list of key phrases supplied by Business 1st. The Client is solely responsible for providing this information. Failure to supply the required key phrases within a reasonable period of time will result in Business 1st specifying a relevant series of key phrases on the Client's behalf.
10.7.3 The initial term of the Search Engine Platinum Express service program is set at 4 months. Business 1st will guarantee to achieve 1st page positions equalling the number of key phrases to be submitted as part of the program within 4 months. For example if a customer purchases Platinum 5 we will guarantee 5 top 10 positions across the search engines within 4 months. This does not mean on each and every search engine but across any of the search engines we submit to. The required 4 month period begins once the client has confirmed the key phrases to be submitted and supplied the FTP access codes for the engineering and Business 1st have confirmed acceptance of the key phrases subject to the client paying the initial fee. In the case of a Pilot Site option being chosen, the 4 month period commences from the Pilot Site going "live" on the internet.
10.7.4 Business 1st will issue complete refund to the client, should we fail to meet the guarantee as stated in term 10.3.2. Clients should allow seven working days to receive the final first page ranking report after the initial term has finished. Customers should allow for postal delays as Business 1st may issue the report on the final day of the guarantee period.
10.7.5 The Client will have the option to continue the service after the initial guarantee has been achieved subject to receiving a signed application for the Platinum maintenance option for the fee stated in the Business 1st price list.
10.7.6 The Client will be given the option to choose key phrases, however in the event where Business 1st believes key phrases that have been requested will not benefit the Clients website directly, Business 1st reserves the right to force the Client to specify alternative key phrases as specified by Business 1st.
10.7.7 During the course of the program the Client will be notified of the positions through one of the engineers within the Search Engineering department.
10.7.8 During the course of the maintenance service Business 1st may request to increase the monthly fee payable in the event where the key phrases supplied increase in popularity and the time involved in maintaining the position on the search engines increases. Clients will be notified 72 hours in advance if Business 1st requests to increase the monthly payment. Clients will be provided with the option to change the key phrase that is less popular and time consuming to maintain. If the Client chooses this option then Business 1st will not increase the monthly fee payable.
10.7.9 Whilst Business 1st shall use its reasonable endeavours to ensure that backup copies of the Web Site and all Client data contained in the Web Site are made at reasonable intervals, the Client shall be solely responsible for the backup of such data and Business 1st shall not be liable for any damages, loss, costs or other expenses arising out of or in connection with any loss of data by the Client which are due to the failure of the Client or Business 1st to back up such data.
10.7.10 Clients will be provided with maintenance for 4 weeks once the minimum guarantee has been met. Further to this the client will be provided with 7 days to decide whether they wish to have the service maintained for subsequent months after the initial 4 month program. Clients who fail to sign to the maintenance service after 7 days will result in termination of the service. Business 1st does not hold liability if positions on search engines begin to drop once the service has been terminated.
10.7.11 In the event where Business 1st fails to achieve the desired positions within the 4 month program, Business 1st will issue refunds in the form of the payment that was initially taken. In the event where clients are dissatisfied with rankings achieved as part of the service, Business 1st will only accept dispute cases within 7 days of sending the 1st page report. Client cases that pass the 7-day period will not be heard or dealt with by Business 1st.
10.7.12 The Search Engine Platinum service is a prepaid service and the program will not be initiated until the Client has made full and complete payment. The 4-month period requested will begin from the date the Client receives confirmation from our engineers that the service has been started.
10.7.13 The Search Engine Platinum maintenance service can be terminated by either party subject to providing a 30-day written notice. Business 1st reserves the right to terminate the maintenance service in the event where the Client refuses to accept or follow our keyword selection policy.
10.7.14 The client will be provided with two options for the optimisation techniques they wish to apply. The first will be a website engineer option which will require FTP access to the clients main website. In the event where the client cannot provide these details or where the client specifies the creation of a pilot website, Business 1st will design and host a pilot website totalling no more than 3 pages. Content will be taken from the clients main website or provided by the client upon discussion with the Search engineer. All pilot sites created are template driven and the client is not provided freedom to change layout or design of the pilot website. Clients will be provided with the right to modify content prior to the website being published on the Internet. Business 1st may use content from other industry related websites in order to improve content on the clients website. This content can be verified and checked by the client and in the event where the client is dissatisfied with the content used then it is the responsibility of the client to provide alternative content.
10.7.15 Clients who are provided with free key phrases as part of the original sale will not be guaranteed first page rankings on those key phrases.
10.7.16 The Client agrees not to make any edits to the website within the term of this program. The Client acknowledges that if the engineering is overwritten by the client or the client's agent, then the guarantee period will be restarted when the engineered content is uploaded again, or, if the old engineering is no longer appropriate to the existing engineering then the client will be charged for re-engineering and the guarantee term will begin when the new engineered site is uploaded.
10.7.17 Cancellation of the service will result in removal of all websites designed by business 1st under this service. All domain names registered are still registered to the client and clients are responsible for all registry fees applicable under domain name rules.
10.7.18 In the event where the client fails to follow any instructions issued by Business 1st for the provision of this service, Business 1st reserves the right to either revoke the guarantee provided under this service or suspend or even cancel the service altogether. In the event of a breach of contract by the client all agreed payment terms will be cancelled and the entire balance for the duration of the agreement will be payable on demand.
10.7.19 In the event where the client does not allow Business 1st ftp access to his site and instead agrees to upload the content himself the guarantee period is set at twelve weeks from the date that Business 1st has sent the content to the client. If the client fails to upload the content within a reasonable period of time he will be seen to be in breach of clause 10.7.18.
10.7.20 As part of the engineering process, Business 1st may implement hidden links and content which is only available to view by the search engines. The client acknowledges that this technique is not recommended by the search engines and should the website be reported for use of hidden content and links, it could be banned from the search engines. The client accepts that this technique may be applied by Business 1st to achieve the desired rankings.
10.7.21 The client indemnifies Business 1st of any liability should the website be banned from the search engines due to the engineering process applied by Business 1st.
10.7.22 In the event where Business 1st fails to achieve the required minimum search engine listings and feels it is unable to achieve these positions, the client will be provided with the option to terminate the service. If this option is chosen by the client a refund of no more than 10% of the original service fee will be paid to the client.
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10.8 SEARCH ENGINE PLATINUM MAINTENANCE
10.8.2 The SE Maintenance service begins once Business 1st has achieved the minimum guarantee as specified in terms above.
10.8.3 The first 4 weeks maintenance is provided free of charge to allow the client to monitor the performance of the website once our service has been implemented and completed.
10.8.4 The client will then be requested to pay an additional maintenance fee for subsequent months. This service does not carry any minimum term and can be cancelled by both parties by providing a 30-day notice in accordance with clause 11.12 of these Terms and Conditions.
10.8.5 The fees charged for the maintenance service may vary from month to month depending on the work involved in promoting and maintaining the key phrases.
10.8.6 Business 1st does not offer a money back guarantee on maintaining positions on a monthly basis. Clients are obligated to pay the monthly maintenance fee until business 1st is provided with a cancellation 30 days prior to cancellation in accordance with clause 11.12 of these Terms and Conditions. The client will be obligated to pay all fees up to the cancellation date.
10.8.7 Clients acknowledge that it is their duty to monitor the performance of their results and Business 1st is at no point obligated to provide evidence of positions during the monthly maintenance program. In the event where the client is dissatisfied with the results maintained then the client must report the problem to our chief engineer. All contractual obligations are not affected in this event.
10.8.8 Although first page rankings reflect the traffic generated on a clients website, Business 1st at no time attempts to guarantee the client a fixed sum of traffic as traffic levels are effected by popularity of a particular industry or key phrase submitted to the search engines.
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11. CHARGES
11.1 The fees payable to Business 1st in respect of the Services are specified in the Business 1st Price List.
11.2 All charges are exclusive of VAT and any other applicable purchase tax, import and all other duties. Any failure by the Client to pay any fees due under these Terms and Conditions on the date specified shall be deemed to be a "material breach" of these Terms and Conditions.
11.3 Additional payments terms are only applicable to a point where the client is not in breach of any other terms specified here. In the event where clients are in breach of any terms stated here, all additional payment