Terms and Conditions
Terms and Conditions
1.1 These Terms of Use set out how KickstartSEO Limited (“Company”, “we”, “our”, “us”) provides the SEO Services.
1.2 Please read these Terms of Use carefully. By either: (a) accepting these Terms of Use (such as by ticking a box agreeing to the Terms of Use); or (b) by accessing or using the SEO Services, you acknowledge and agree that you are either a Customer or acting on behalf of a Customer and that you are authorised to act on the Customer’s behalf (in which case “you” and “your” shall be understood to mean the Customer); and in each case, you agree to be bound by these Terms of Use and our Privacy Policy. A copy of our Privacy Policy can be furnished upon your request.
1.3 We reserve the right to change these Terms of Use, but we will make the most current version of our Terms of Use available on the Website. Where material changes to these Terms of Use are made, we shall use reasonable efforts to notify you of such changes by email. Your continued use of the SEO Services following such notice means that you agree to the updated Terms of Use.
2.1 The “Term” of your Subscription will start from and including the Effective Date and shall, unless terminated earlier in accordance with Clause 11, continue for the applicable Initial Period and automatically renew for successive Renewal Periods.
3.1 The SEO Services are not intended for and may not be used by anyone under the age of 16. You confirm that you and your Customer Users are 16 years and older.
3.2 In consideration of full payment of the Subscription Fees and subject to these Terms, the Company grants you a non-exclusive, non-transferable, non-sublicensable, revocable licence for Users to use the SEO Services, solely and strictly for internal business purposes.
3.3 Except for the limited license rights expressly granted, nothing in these Terms of Use operates to transfer or grant any additional license or rights to the Company’s services or Intellectual Property Rights, which shall remain the sole and exclusive property of the Company or its licensors.
3.4 The Company or its licensors may, in their sole discretion, remove or add features to the SEO Services at any time without compensation or other remedies.
4.1 You shall use all reasonable endeavours to prevent unauthorised access to the SEO Services and promptly notify the Company of any such unauthorised access or use.
4.2 In relation to Users, you undertake to ensure each User maintains a secure password, updated regularly, and keep all credentials confidential.
4.3 You shall not, and shall procure that Users shall not: (a) attempt to copy, modify, or distribute any part of the SEO Services; (b) use the SEO Services to provide services to third parties; (c) attempt to decompile or reverse engineer any part of the SEO Services; (d) engage in any fraudulent activity or violate Applicable Laws.
5.1 You shall provide accurate, current, and complete information required to register with the SEO Services. The Company may terminate access if any provided information is false, inaccurate, or incomplete.
5.2 You are responsible for ensuring the security and confidentiality of all credentials.
5.3 You shall ensure that all Users act in compliance with good industry practices to avoid transmitting any Viruses or Vulnerabilities.
6.1 The use and performance of the SEO Services may depend on system requirements. You are responsible for procuring and maintaining network connections and telecommunications links and assume all responsibility for issues arising from or related to your network.
6.2 You shall ensure compliance with system requirements and maintain all necessary permissions and licenses.
6.3 The SEO Services are provided “as is” without any warranties, including implied warranties for merchantability or fitness for a particular purpose.
6.4 Links to third-party websites are for informational purposes only, and the Company has no control over these sites.
7.1 You are solely responsible for the legality, reliability, integrity, accuracy, completeness, and quality of all Customer Content.
7.2 Portions of the SEO Services may include third-party software governed by respective licensing terms.
7.3 You warrant that you have the right to upload Customer Content and that it will not infringe third-party rights.
7.4 Intellectual Property Rights in Customer Content remain with you, but the Company has a license to use, copy, and display Customer Content for providing SEO Services.
8.1 You shall pay Subscription Fees in advance, either monthly or annually. Fees are exclusive of applicable taxes.
8.2 Failure to make timely payments may result in suspension of access to the SEO Services until payment is received.
8.3 The Company may charge interest on overdue fees and reserves the right to suspend services if fees are not paid within ten days of a notice of overdue payment.
8.4 During the Term, the Company may increase Subscription Fees with 30 days’ notice.
9.1 The Company processes personal data as outlined in the Privacy Policy. You agree that your use of the SEO Services is subject to the Privacy Policy.
9.2 You shall comply with all Data Protection Laws in connection with the SEO Services.
10.1 Both parties undertake to maintain the confidentiality of each other’s Confidential Information, using adequate security measures. This obligation continues beyond termination of the agreement.
11.1 You may terminate your Subscription with notice, effective at the end of the current period. The Company may terminate without cause and without notice.
11.2 The Company may terminate the Subscription with immediate effect for material breach, bankruptcy, or non-payment after notice.
11.3 Upon termination, your access to SEO Services ceases, and the Company may require that all Confidential Information be returned or destroyed.
12.1 Nothing in the Terms of Use limits or excludes: (a) liability for death or personal injury from negligence, (b) fraud or gross negligence, or (c) any other liability that cannot be limited by law.
12.2 Subject to 12.1, the Company will not be liable for any loss of profit, revenue, or indirect damages arising from the use of SEO Services.
12.3 The Company’s maximum aggregate liability will be limited to the Subscription Fees paid during the 12 months preceding the claim.
13.1 Notices must be provided in writing, either by post or email, to the specified representative of the receiving party.
14.1 The Company is not liable for delays caused by events beyond reasonable control, such as natural disasters or regulatory changes. If delay continues for one month, either party may terminate with 15 days' notice.
15.1 Compliance with anti-bribery and anti-corruption laws is required by both parties.
15.2 The Terms of Use constitute the entire agreement and supersede all previous agreements related to its subject matter.
15.3 Any provision found invalid will be deleted but will not affect the validity of the remaining Terms.
15.4 The Terms are governed by the laws of England and Wales, and parties agree to the exclusive jurisdiction of its courts.
Account: An authorised account for using the SEO Services.
Administrator: A User appointed by a Customer for managing the Subscription.
Affiliates: Any entity that controls, is controlled by, or is under common control with a party.
Applicable Law: Any statute, statutory instrument, directive, or law relevant to these Terms.
Business Day: A day that is not a Saturday, Sunday, or public holiday in London, UK.
Confidential Information: Any information identified as confidential by either party.
Customer: The entity procuring SEO Services through a Subscription.
Customer Content: Any content uploaded by a Customer or their Users through the SEO Services.
Data Protection Laws: UK and EU laws and regulations governing data protection and privacy.
Effective Date: The date on which the SEO Services are first used or the Terms of Use are accepted.
Force Majeure Event: An event beyond a party's reasonable control, including natural disasters or governmental actions.
Initial Period: The first 1-month or 12-month subscription period, depending on the plan.
Intellectual Property Rights: Patents, trademarks, copyrights, and other proprietary rights.
Renewal Period: Successive periods following the Initial Period, either 1 month or 12 months depending on the plan.
SEO Services: The suite of online tools for search engine optimization provided by the Company.
Subscription: The provision of SEO Services on a subscription basis.
System Requirements: Technical requirements for accessing SEO Services, as specified by the Company.
Term: As outlined in Clause 2 of these Terms of Use.
User: Those authorized to use the SEO Services through the Customer’s Subscription.
Virus: Any software, code, or device that may impair or otherwise adversely affect computer systems.
Website: The Company’s designated URL, currently https://www.kickstartseo.co.uk.
16.2
Unless the context otherwise requires: (a) references to the singular include the plural and vice versa and references to any gender include every gender; (b) references to a “person” include any individual, body corporate, association, partnership, firm, trust, organisation, joint venture, government, local or municipal authority, governmental or supra-governmental agency or department, state or agency of state or any other entity (in each case whether or not having separate legal personality); (c) A reference to “in writing” or “written” includes email; (d) References to any statute or statutory provision will include any subordinate legislation made under it and will be construed as references to such statute, statutory provision and/or subordinate legislation as modified, amended, extended, consolidated, re-enacted and/or replaced and in force from time to time; (e) Any words following the words “include”, “includes”, “including”, “in particular” or any similar words or expressions will be construed without limitation and accordingly will not limit the meaning of the words preceding them; and (f) Any reference to time of day is to British time (GMT) and day is to a period of twenty-four (24) hours running from midnight to midnight.