Website Use & Agreement Terms for Twister Marketing
Twister Marketing grants you a non-exclusive, limited and revocable license to use and access this website (www.TwisterMarketing.co.uk) (Website) subject to these terms and conditions (Terms). In these Terms, “us”, “we” and “our” refer to Twister Marketing and references to “you” and “your” is to you, the user of the Website.
By using this website, you agree to be bound by these Terms – if you do not agree with these Terms you must immediately stop using the Website. You agree that we may change, update or otherwise amend the Website and these Terms at our discretion.
We may end the agreement formed by the Terms immediately by giving you written notice. It is not essential to provide reasons for the termination. Where terminated, you must immediately cease using the Website.
You acknowledge that we are not required to keep the Website available for your use and we make no warranties as to its availability.
We accept no responsibility for the unavailability of this Website, or any offer of Services found on the Website, and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Website.
We make no guarantees, implied or express, as to the ongoing availability of the Website or Services.
All content on the Website and websites designed by Twister Marketing are the intellectual property of Twister Marketing and can not be used for any purpose relating to the Website or the business of Twister Marketing Without the express written permission of Twister Marketing. You shall not copy the Website for your own commercial purposes, including:
Replicate or use the details and profiles of any Service Provider; Replicate all or part of the Website or logo (logo and brand name Twister Marketing) in anyway; or Incorporate all or part of the Website in any other webpage, Website, application or other digital or non-digital format. All AdWords campaigns loaded onto the Twister Marketing client centre are the intellectual property of and owned by Twister Marketing, therefore admin access will not be permitted. You are not permitted to remove, copy or tamper with such campaigns.
Twister Marketing has moral & registered rights in its trademarks and you shall not copy, alter, use or otherwise deal in the marks without the prior written consent of Twister Marketing. Any website built by Twister Marketing must always display the Twister Marketing Footer i.e ‘website built/powered by Twister Marketing and the Twister Marketing Logo. Failure to do so will incur a fixed fee which will be no less than 50% of the website build cost.
All content remains the Intellectual Property of Twister Marketing, including (without limitation) any source code, product recipes, usage data, ideas, enhancements, feature requests, suggestions or other information provided by the Customer or any Service Provider.
Fees are payable to Twister Marketing subject to the following conditions: Fees are by way of a monthly retainer/percentage of Google Ad spend/fixed fees and are payable either in full, monthly in advance or deposit and final one off payments and will not be refundable in whole or part if the Agreement or any relevant part is terminated during the period to which the payment relates. Clients will automatically be charged again at the end of their pre-pay period unless the Client has followed the Contract Termination procedure. Any set up fee will (unless otherwise stated) be payable immediately. The Client agrees to pay Twister Marketing invoices on the 1st of each month.
Contract Cancellation and Notice
You, the client, agree to abide by the agreement and length of service provided by Twister Marketing. Any signed or electronically sent (i.e Email correspondence) agreement is followed by a rolling contract and requires you to provide full 3 calender months notice to terminate any service you have with Twister Marketing. This is to be communicated to us via email and/or written letter. All notice periods must be paid in full. Early termination of a contract will require the remaining outstanding term and balance to be paid in full within 14 days of receiving a final invoice. Fixed Contracts require written notice no later than 4 weeks before the contract expires. Notice after this date will default to the 3 calender months notice. Failure to pay outstanding amounts could lead to Twister Marketing passing the outstanding balance to a debt collection company. In such circumstances this could also lead to your website being taken down until outstanding amounts have been cleared. All Ads campaigns, Google Analytics, Google Search Console, Bing Search Console and Tag Manager that has been loaded onto the Twister Marketing client centres are the intellectual property of and owned by Twister Marketing. If a client has originally supplied Twister Marketing with access to such accounts, this will not apply and Twister Marketing will be removed from the accounts by the client. You are not permitted to remove, copy or tamper with such campaigns. Any outstanding Google balance will be automatically taken/cleared 24 – 48hrs after the campaign has ceased.
Standing Order & Direct Debit Cancellation
If a client ceases the services of Twister Marketing, it is the responsibility of the customer to ensure they cancel their Standing Order. GoCardless Direct Debits will be cancelled by Twister Marketing.
Third Party Websites and Advertising
The Website may from time-to-time contain information & advertising from third-party businesses, people & websites (Third Parties). You consent to receiving this information as part of your use of the Website.
We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.
Limitation of Liability and Indemnity
You agree that you use the Website at your own risk.
You acknowledge that in using the Website you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Website, including any breach by you of these Terms.
In no circumstances will Twister Marketing Ltd be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Website or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not Twister Marketing knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.
Certain rights and remedies may be available under the Sale of Goods Act 1979 or the Consumer Protection Act 1987 or similar legislation in other jurisdictions and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to the re-performance of services or payment of the cost of re-supply of services.
In all circumstances, you agree that any liability of Twister Marketing shall not exceed the value of the Booking you placed using the Website.
You can contact our Customer Service team by email: info@TwisterMarketing.co.uk.
You can direct notices, enquiries, complaints and so forth to Twister Marketing using any other details published on the Website. We will notify you of a change of details from time-to-time by publishing new details on the Website.
We will send you notices and other correspondence to the email address that you submit to the Website, or that you notify us of from time-to-time. It is your responsibility to inform Twister Marketing when updating your contact details and/or website content.
A consent, notice or communication under this agreement is effective if it is sent as an electronic communication (having the meaning given to that term in Electronic Communications Act 2000 and the Electronic Signatures Regulations 2002) unless required to be physically delivered under law. All electronic communications sent to Twister Marketing must have proof of response with regards to receipt confirmation, this ensures any correspondence has successfully reached Twister Marketing.
Twister Marketing may assign or otherwise create any interest in their rights under these Terms by giving you written notice.
Any provision of these Terms, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms, so far as is reasonably practicable.
These Terms form part of an e-commerce transaction and the parties agree that these Terms shall be accepted electronically and the agreement to these Terms is formed & validly entered into electronically. They are also accepted by you through email correspondence received from Twister Marketing.
The termination of these Terms does not affect the parties’ rights in respect of periods before the termination of these Terms.
These Terms are governed by the laws of England & Wales and you submit to the non-exclusive jurisdiction of the courts in England. Twister Marketing can update or amend terms and conditions as and when required without notice.
Every effort is made to provide well structured online marketing services with positive results. However, there are no guarantees with online marketing and as such, any works carried out by Twister Marketing can not come with guarantees i.e. number of leads, page positions, unrealistic client expectations. All work is carried out ethically and with our customers focus in mind. Twister Marketing strive to provide a positive service with the view of obtaining long term business relationships.