Terms and conditions
Agreement to be bound by these terms and conditions
By using The Dental Marketer services and signing up as a Client for any job, task, or project, you, the Client, agree to be legally bound by these Terms & Conditions.
Please, read these terms carefully. By using the products and/or services of The Dental Marketer you agree to abide by these Terms & Conditions.
These T&C and any additional Terms of Sale (T.O.S.) or contract specific to a project, service, special offer, or promotion set out the entire agreement between The Dental Marketer and the Client.
Description & Definitions
The Dental Marketer
In these terms and conditions, The Dental Marketer (a Trading Name of, Spark360 Ltd, Company No.14779549), all services related to it, and all text, images photographs, user interface, “look and feel”, data and other content included in it from time to time (including, without limitation, the selection, coordination, and arrangement of such content) are referred to as “The Dental Marketer”, www.thedentalmarketer.co.uk, “TDM”, “us”, “we”, “website” or “service”.
“Client” is defined as representing one business (company or entity) or person (sole trader). Client may also be referred to as “himself/herself” or “his/her” or “their” or “site owner” in this document. Client may also be referred to as the staff member, employee, agent or third party on behalf the Client.
For each project or job, The Dental Marketer follows a production process that is divided into stages. For each stage, specific deliverables are produced for the client which will be specified in a project brief or a job quote where applicable. A task, job, or project will be considered complete where either the Client approves the task, job, or project as being completed or where The Dental Marketer determines that the task, job or project is complete according to the project scope or the task/job definition and parameters as set out in a verbal or written agreement.
The Dental Marketer may provide the Client with domain name registration, web and email hosting services, custom website design, website design, digital marketing services and consulting services and so on in accordance with the product and/or service the client has requested.
A project scope defines and sets out what work or service or item or feature is to be included and/or completed for the project in question. The descriptions and definitions and parameters in a project scope are intended to be clear to The Dental Marketer and the Client as well as to any third party to judge and finalise the interpretation of any part of a project scope and the relevant task, job or project.
Retainer fee / invoices:
A retainer fee or invoice is a specific fee or price that we set down for the requested task, job or project. It will include parameters and defined deliverables. A retainer fee or invoice will not vary as it is fixed. Any variations to the retainer fee or invoice or requirements requested by the client will be quoted separately with a set fee or price for that job or project or task.
Invoices, suspension and termination
All pricing is given in British Pounds.
The Dental Marketer’s invoices are due on the date of issue and are payable upon receipt by the Client unless otherwise agreed to in writing.
Any outstanding invoices for work completed or services provided to the Client by The Dental Marketer requires payment in full due on receipt of the invoice unless otherwise agreed to writing between the parties. On completion of a task, job or project the client is obliged to pay the balance of the invoice in full.
Fees due in advance for service
Some services including, but not limited to, Website design and development, hosting and support, Social media marketing, and search engine opimisation fees are due in advance for the applicable period as noted in the invoice. Such fees and the related invoice must be paid in full prior to the commencement of the applicable service period be that one month, one year, 24 months or so on.
Quote, Job or Project Completion
Once a Client approves the job or task to “go live” or where The Dental Marketer defines the job or task as being “completed”, an invoice will be issued to the Client with payment on that invoice due immediately unless otherwise agreed to in writing between the parties.
Any warranty work that The Dental Marketer will carry out to fix/correct any bugs or faults in the website or system as reported by the Client or as found by The Dental Marketer that may be covered by warranty or by the scope of the task, job or project will be completed as soon as reasonably possible by The Dental Marketer.
A revision, where allowed and applicable, to the design or function of the website or system that may be included in the scope of the task, job or project will be completed as soon as possible by The Dental Marketer.
The Dental Marketer reserves the right to postpone or delay or refuse warranty fix work or revisions or enhancements to a website or system for the Client if the Client has overdue outstanding invoices for any job, task or project.
If the client defaults on their payment or otherwise fails to pay their account with The Dental Marketer as per the terms under this agreement, The Dental Marketer reserves the right to suspend services and to apply administrative fees of £100.00 per hour, plus any other costs that may have been incurred, to reactivate the services.
Hosting fees, SEO (Search Engine Optimisation) fees, Digital Marketing service fees and all service fees charged, unless otherwise specified, are non-refundable for the term / service / product paid for by the Client.
If the client chooses to discontinue the services supplied by The Dental Marketer and the Client has paid all monies owed to The Dental Marketer, The Dental Marketer will help the client to transfer their Domain Name to another provider/agent if requested to do so by the Client. Charges to the Client may apply if the work required or requested to complete the transfer falls within 5 years or the project launch date as specified by The Dental Marketer.
The Dental Marketer may opt to discontinue services if an amount payable to The Dental Marketer is overdue or to take down a website permanently in any case where an amount payable is overdue by more than 30 days. In any such event, the client remains liable for the total cost of the contract including all disbursements; unless otherwise agreed in writing between The Dental Marketer and the client.
The Dental Marketer may terminate any agreement immediately if the client breaches any of these Terms & Conditions, or if he/she is a company going into insolvent liquidation, or if the client is a person he/she is declared bankrupt.
Ownership of the product remains with The Dental Marketer until payment in full is made to The Dental Marketer by the client.
The Dental Marketer reserves the right to discontinue services and terminate the Client at the sole discretion of The Dental Marketer where The Dental Marketer provides the Client notice in writing of said termination.
Upon default by the Client in regard to any obligation under their agreement with The Dental Marketer and where the Client fails to rectify the default after notification by The Dental Marketer, the Client authorises The Dental Marketer to notify any debt collection agency of the default and charge said debt collection agency with collecting the outstanding debt owed to The Dental Marketer by the Client.
Should this occur then at The Dental Marketer’s sole discretion it may terminate the contract and/or service being provided to the Client at which time the full outstanding balance for the remainder of the minimum term in the relevant agreement or payments shall be due in full.
The Dental Marketer at its sole discretion may choose to make a court claim for money at https://www.gov.uk/make-court-claim-for-money to have a legal ruling handed down by a judge on whether or not the Client is required to pay The Dental Marketer any money to The Dental Marketer relating to overdue invoices and/or costs or time lost by The Dental Marketer in the process of pursuing payment for overdue invoices from the Client. The Dental Marketer reserves the right to invoice the Client for debtor administrative processing of the debt and debtor management time incurred by The Dental Marketer relating to the matter for the respective Client.
Direct Debit Agreement :
Direct Debit agreements may be offered to a Client on a minimum term or no minimum term basis
Clients pay an initial payment on the date and for the amount specified on the Agreement. Debits then commence on the same day of every month (or as per the individual Direct Debit Request agreement).
Should the client want to end their Direct Debit/recurring payment contract before the agreed minimum term as agreed in the Direct Debit/recurring payment Request Service Agreement with The Dental Markter, the client is liable to pay immediately the full outstanding balance for the remainder of the minimum term plus any debt collection fee and charges as per the “Debt Collection” clause.
No Minimum Term:
Recurring payments continue ongoing month to month indefinitely until cancelled. Clients may request to cancel their recurring payment agreement at any time. Clients must give 30 days’ notice when cancelling a no minimum term agreement.
Where the service / work has already been supplied and/or completed, the relevant recurring payment charge due for that service / work all payments will continue to be charged and collected from the Client until the required minimum amount due has been paid to The Dental Markter.
Cancellation of a Direct Debit/recurring payment Agreement:
Should the Client decide to cancel their recurring payment agreement with The Dental Marketer before the minimum term has been completed as agreed with The Dental Marketer, the client is liable to pay the full outstanding balance for the remainder of the minimum term to The Dental Marketer plus any debt collection fees and charges as per the “Debt Collection” clause herein.
Monthly packages website - Definitions:
The control and code of all Monthly Package Websites remains the property of The Dental Marketer throughout the rental period until such a time as when the website is purchased by the client at which point the ownership of the website and the code is transferred to the client.
This control includes cPanel, hosting admin, MySQL or FTP access which The Dental Marketer does not provide to clients under any circumstances.
Monthly Package Website – Ownership of Website Content:
The ownership and copyright of the website content including all text, images, and multimedia as supplied by the client remains with the client at all times unless otherwise bound by these Terms and Conditions or unless otherwise agreed.
Monthly Package Website – Rental Plan Expiration and Termination Options:
At the end of the minimum term rental plan ( Personal website 12 months and Practice website 36 months from launch), the client can choose to continue to rent the website on a month to month term with no further fixed terms by continuing to pay the pre-existing monthly rental fee.
Or, the client can choose to cancel the rental plan upon completion of the defined rental period minimum term and terminate the website and the associated hosting by providing 30 days written notice to The Dental Marketer requesting said termination.
Or, the client can choose to purchase the Monthly Package Website outright and take full ownership and control of it.
Monthly Package Website – Rental Plan Expiration and Termination Options:
Monthly Package Website can be purchased after the minimum rental plan has been completed and/or paid in full. The rental plan can be paid out in advance bringing the rental plan to a close and making the website available for purchase. The purchase price of a Monthly Package Website is defined by the monthly fee over a 30 month period.
A Practice Website has been rented for 3 years (at £40p/m) and the client wants to purchase it:
The minimum contract period is completed and the purchase price of the website will be = £40 x 30 = £2400.
After paying the purchase price the website will be owned by the client at no additional cost excluding hosting and support fees.
The Dental Marketer is the copyright owner of all works created or developed by The Dental Marketer for a client unless otherwise agreed to in writing. When payment for the product or service is made in full by the client for the product or service, the client is licensed to use the product or service for its intended use within the context of their business and the product itself. However, the client is restricted from selling the product or promoting the product as their own unless otherwise agreed in writing with The Dental Marketer.
The Dental Marketer claims no intellectual property rights to works created by any third party designers or developers that may be used from time to time, such rights remain with the relevant third party.
As a creator of copyright material, The Dental Marketer has the following rights:
To be attributed when its work is used;
Not to have its work falsely attributed to someone else, nor to have the altered work attributed as if it were unaltered; and not to have the work treated in a manner that would prejudice The Dental Marketer’s honour or reputation.
The client agrees that in the provision of web design services by The Dental Marketer we may utilise the services of third party contractors, and that we may pass on to such contractors any information or materials, including design brief and data, provided to us by you.
In the event any material necessary for the production of the project must be passed on to a third party, The Dental Marketer will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party.
The Dental Marketer may accept to maintain and secure a website that is not hosted by The Dental Marketer’s third party. In that case, the client will refer to The Dental Marketer fees and charges for the requested services.
Agreement non exclusivity
The client acknowledges that The Dental Marketer is providing services to the client on a non-exclusive basis and that The Dental Marketer may provide services and products of the same or a similar nature to any other party (provided that in doing so it does not breach privacy).
The Dental Marketer shall be free to reproduce, use, disclose display exhibit, transmit, perform, create derivative works, and distribute any items unless specifically agreed otherwise. Further, The Dental Marketer shall be free to use any ideas concepts know-how or techniques acquired in construction of sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information unless specifically agreed otherwise.
The Dental Marketer retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, and portfolio. Where applicable the client will be given any necessary credit for usage of the project elements.
warranties & Liabilities
The Dental Marketer provides a limited warranty for websites and systems that are developed and designed by The Dental Marketer. This warranty is valid for up to 30 days from the date of launch of the website or system or from the date that The Dental Marketer determines that the website or system is ready to launch unless otherwise agreed to in writing between the parties. This limited warranty applies to works performed by The Dental Marketer that are “in scope” for a project scope and contracted project or that are clearly specified in the applicable written quote.
Where applicable for any bug or problem or fault with the noted or reported function or element that is covered by this limited warranty where the function or element is deemed to be “not working” when assessed by The Dental Marketer against the project scope or the written quote specifications, The Dental Marketer will “fix” the bug or problem or fault in the website or system at no cost to the Client where The Dental Marketer determines that the bug or problem or fault is because of recently completed works performed improperly or incompletely by The Dental Marketer during the execution of the works in question.
This warranty is voided if the Client or a third party acting on behalf of the Client is issued with FTP or Shell or MySQL or similar access to the website / system hosting or the relevant hosting control panel by The Dental Marketer.
This warranty may be voided if a Client or a third party acting on behalf of the Client installs any extensions or plugins or additional software into the website or system without the express written permission and approval of The Dental Marketer.
This warranty does not include any issues or faults or incompatibilities that are caused by third party software, systems, extensions, plugins or similar.
The Dental Marketer will ensure that any site or application will function correctly at the time of the website development and going “live” when viewed with the current versions of the following internet browsers; Microsoft Internet Explorer, Mozilla Firefox, Google Chrome and Apple Safari, unless otherwise agreed in writing.
Any warranty or guarantee provided by The Dental Marketer for a website is conditional upon the website being hosted by The Dental Marketer on hosting servers run and operated by The Dental Marketer that have restricted access to the hosting server and/or the hosting control panel for the hosting server.
Any warranty or guarantee provided by The Dental Marketer for a website is rendered null and void if the client or any other third party accesses the website or the relevant website server via an FTP connection or hosting control panel.
The Dental Marketer can offer no guarantee of correct function with all browser software in future releases of any internet browser. However, The Dental Marketer will offer and provide a quote for services to modify the website (where possible) to cause the site to correctly function and/or correctly render in the changed version of an internet browser.
Where any Client or agent or party acting for or on behalf of the Client acts on or in the website or system that causes disruption or error to the website or system, The Dental Marketer Australia is not liable and the Client will be liable for any and all costs associated or incurred with fixing the error or disruption.
Website search engine optimisation services
Whilst The Dental Marketer will try to improve the position of the client’s Website in the Search Engine results in response to a search request, we do not warrant that this effort will be successful nor can The Dental Marketer warrant the time that the position a search engine will be held.
The Dental Marketer cannot be held responsible for any changes to the position of the client’s Website in the Search Engines results pursuant to the provision of search engine optimisation services by The Dental Marketer.
Copyright and Intellectual Property
The Dental Marketer is not responsible for the contents and data of any Web Site we design for the client, and upon publication the client must satisfy themselves that the website will comply with all applicable laws, and codes of practice governing the use of websites and related services. This includes the intellectual property and copyright ownership of all material that the client has provided to us.
The Dental Marketer is similarly not responsible for the client’s subsequent use of the site and compliance of various Commonwealth, state, & UK legislations.
The Dental Marketer is not responsible for the client’s choice of domain name and the legal consequences that the domain name use could occur relating to the Trademark and Competition or the UK governing laws.
Client’s Third Party
The Dental Marketer is solely not responsible for the performance of the product or service if the client installs or orders another third party to install anything such as software that would alter or damage the website and its functionality. Furthermore, the client may be liable for charges or fees incurred by The Dental Marketer for the repair of any product or service if the client or their third party installs any unapproved software into the product or service supplied by The Dental Marketer.
Data and Proofing
The Dental Marketer shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the client.
The Dental Marketer is not responsible or held liable for any errors contained in the final product after the final product, this remains the final responsibility of the client.
The Dental Marketer cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the client and reserves the right to refuse use of any such material unless proof of permission is provided if requested.
The Dental Marketer shall use reasonable endeavours to provide continuing availability of the hosting server and the services but The Dental Marketer shall not, in any event, be liable for service interruptions or down time of the server.
The Dental Marketer operates and provides hosting servers that are delivered as a managed service which are ordinarily restricted from client access or third party access.
The Dental Marketer does not ordinarily provide clients or third parties with access to the hosting servers in any of the following methods or means; FTP, CPanel, WHM, Shell or via any other similar means or method. That if a client formally requests and is provided access to their hosting server by The Dental Marketer, upon receipt of said request, via FTP or any hosting control panel, this will void any warranty or guarantee including the 1st Level Support provided by The Dental Marketer.
The Dental Marketer will not be liable for any costs incurred, compensation for loss of earnings due to the unavailability of the site, servers, software or any material provided by its agents.
In no event will The Dental Marketer be liable to any party including the client for any indirect, punitive, special, incidental or consequential damage or loss, financial or otherwise, in connection with or arising out of these Terms (including for loss of profits, use, data, or economic advantage), regardless of how it arises. The client will indemnify The Dental Marketer from and against any claim by any party claiming any such damage against The Dental Marketer.
The Dental Marketer will not be liable for any costs incurred or compensation for loss of earnings due to the unavailability of the site, servers, software or any material provided by The Dental Marketer or its agents / third party partners.
The Dental Marketer will ensure that any website or application will function correctly on the server to which it is initially installed.
The Dental Marketer can offer no guarantee of correct function with all browser software including future releases.
The Dental Marketer may from time to time and without notice or liability to the client suspend any of the services if the reason for doing same is an event beyond the reasonable control of The Dental Marketer.
The Dental Marketer will not be liable or become involved in any disputes between the site owner/Renter and their clients and The Dental Marketer cannot be held responsible for any wrongdoing on the part of a site owner/renter.
These terms and conditions and any agreement entered into by The Dental Marketer or service provided by The Dental Marketer that arises in a dispute or legal matter shall be governed by and interpreted in accordance with the law for the time being enforced in the United Kingdom, and each party submits to the jurisdiction of the United Kingdom.