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  • Ecommerce Database Design AucklandEcommerce Database Design Auckland
    Simon Cope

    "Improve Your Business Website"

    "Join other smart business owners throughout New Zealand and sign up right now for the #1 Web Site & Marketing Best Practices Newsletter and receive the '7 Deadly Website Mistakes (And How To Fix Them!)' Special Report on CD for FREE."

    7 Deadly Website Mistakes (And How To Fix Them!) Sign Up Now it's free

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    Terms and Conditions Agreement

    Introduction...
    Anyone or entity using any of Strategic Marketing Communications.com Ltd'sŽ services must read and agree to these Terms and Conditions.

    Guidelines for Children...
    Important guideline for children and young people (below the age of 18).
    You may not request a service from Strategic Marketing Communications.com LtdŽ without the consent of your Parent or Guardian.

    -------------

    Why So Many Words?

    We have tried hard to make the wording of our terms below clear, and as easy to read as possible.

    We hope you view these terms as protecting both the interests of the commissioning website owner and Strategic Marketing Communications.com LtdŽ.

    Strategic Marketing Communications.com LtdŽ also produces a Privacy Statement you may wish to view which sets out our information gathering practices in detail.

    Please contact us if you would like to discuss of the following before using our services, because to engage us, it is taken to mean that you agree to these terms and conditions. ------------

    Strategic Marketing Communications.com LtdŽ Terms and Conditions

    1 Definitions...
    1.1 'Website Critique' refers to the four kinds of website critique service available at Strategic Marketing Communications.com LtdŽ (Overview Critique, Homepage Critique, Fast-Track Critique, and Website Critique).
    'Website Owners', 'Business Owners' refers to the commissioning individual or business/organisation who owns the Website, or off-line company that has requested Strategic Marketing Communications.com LtdŽ services.
    'Website' refers to the site being critiqued, or getting marketing input, suggestions, hints and tips on.

    2 Permissions...
    2.1 Website Owners or Business Owners have the authority to permit the Website or the companies current marketing plan to be viewed by the Director of Strategic Marketing Communications.com LtdŽ.

    2.2 Any trademark depicted on the Website Owners' Website, or as part of the Business Owners off-line company, is the property of the trademark owner, who retains the rights to said trademark. Republished items may also be subject to copyright or other protection. Accordingly, the presentation by Strategic Marketing Communications.com LtdŽ of any item in their reports, marketing suggestions, campaigns constitutes a license or permission to use such item for the sole purpose of that report, campaign etc. Downloading, copying, transmitting or any other use of the displayed item is prohibited.

    2.3 At no time may anyone state or imply, directly or indirectly, that a Website Critique, Marketing Suggestions, Marketing Campaigns etc, (in part or whole) are written by another individual. If an extract is quoted from a Strategic Marketing Communications.com LtdŽ Website Critique, Marketing Campaign, Marketing Suggestion etc, it must be attributed to the Author and quoted with reference to the original document from Strategic Marketing Communications.com LtdŽ by: name, date, page number, and paragraph.

    3 Liability...
    3.1 No liability will be incurred by Strategic Marketing Communications.com LtdŽ as a direct result of, or influence by, a Website Critique, Marketing Campaign, Marketing Suggestions, Web Copy, Key-Word usage, Linking Campaign, written for Website Owners, or Business Owners.
    Although every effort will be made to produce accurate information for critiques, marketing campaigns, marketing suggestions, suggested layout changes, use of search engine optimization techniques, direct marketing techniques and tools, advertising avenues, suitable channel marketing partners, etc, Strategic Marketing Communications.com LtdŽ will not be held responsible for any actions taken as a result of errors that may be inadvertently present within such commissioned services.

    3.2 Strategic Marketing Communications.com LtdŽ shall not be under any liability to Website Owners in any way whatsoever for any failure to perform any of its obligations as a result directly or indirectly of: war; rebellion; civil commotion; strike; lock-out; industrial dispute; fire; explosion; earthquake; acts of God; flood; drought; bad weather; electricity or other power failure system failure; or the requisitioning or other act or order by any government department council or other constitutional body.

    4 Data Protection...
    4.1 All personal information presented to Strategic Marketing Communications.com LtdŽ is kept strictly confidential and in accordance with the laws of the New Zealand Government.

    5 Proprietary Rights to View and Publish Content...
    5.1 Website Owners grant the Director of Strategic Marketing Communications.com LtdŽ permission to view and record any materials necessary to critique the existing or proposed Website, marketing material, or marketing plan. Furthermore, Website Owners, and Business Owners grant permission to take screenshots of the Website, Marketing Plan, Marketing Material and to use text or source code from the Website, Marketing Plan, Marketing Material for the sole purpose of including these screenshots, text, and source code in the finalised pdf Report Document(s) for illustrative purposes.

    6 Payments...
    6.1 After placing their order for the service of their choice Website Owners are redirected to WorldPay's secure server via Products From New Zealand Ltd gateway to enter their card details and make the financial transaction. Strategic Marketing Communications.com LtdŽ and Products From New Zealand Ltd never receives or stores card details.

    6.2 Strategic Marketing Communications.com LtdŽ accepts the following credit card payments: Visa; MasterCard; American Express.

    6.3 Website Owners, or Business Owners may also pay in UK Pounds Sterling; US Dollars; Australian Dollars, New Zealand Dollars, or Euros.

    6.4 Website Owners, or Business Owners must pay for each Website Critique, Marketing Campaign, Marketing Material, they wish to be undertaken.

    6.5 Website Critique, Marketing Material, upgrades are not available as websites/marketing material may have undergone significant changes since the first Strategic Marketing Communications.com LtdŽ Critique was undertaken.
    Differences might include issues surrounding: server identity and performance, visual redevelopment, changes to editorial copy, and improvements in usability and accessibility.

    7 Commitments...
    7.1 Upon receipt of an order and confirmation the credit card has cleared funds, Website Owners may download a Website Owners Guide from the Payment Success page.

    7.2 When Website Owners have read their Website Owners Guide and have prepared their answers for the Website Owners Review, they must connect to the Internet, and open the special Website Owners Review page. After completing the Website Owners Review, Website Owners then submit the Website Owners Review form. On receipt of this form, the critique process will commence. The Critique will cover all the Commitments outlined under the Website Critique service at www.StrategicMarketingCommunications.com which the Website Owner has paid for (Overview Critique, Homepage Critique, Fast-Track Critique and Overall Website Critique).

    7.3 'Summary', 'Homepage' and 'Website' Critiques will be emailed to Website Owners within seven days after receipt of the Website Owner Review (in exceptional circumstances there may be a short delay to this commitment).

    7.4 Fast-Track Website Critiques will be emailed to Website Owners within 48 hours after receipt of the Website Owner Review (in exceptional circumstances there may be a short delay to this commitment).

    8 Indemnification...
    8.1 Website Owners agree to defend, indemnify and hold harmless Strategic Marketing Communications.com LtdŽ, its parents, subsidiaries, affiliated companies, officers, employees, licensees, distributors and ICPs from all losses, liabilities, claims, demands, damages or expenses, including reasonable attorney's fees, (i) arising from breach of this Agreement, or (ii) asserted by any third party due to or arising from or in connection with your use of Strategic Marketing Communications.com LtdŽ services. Strategic Marketing Communications.com LtdŽ reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, which shall not excuse your indemnity obligations.

    9 Termination...
    9.1 Either Website Owners, Business Owners or Strategic Marketing Communications.com LtdŽ may terminate this agreement at any time with or without cause. Website Owners' and Business Owners' only right with respect to any dissatisfaction with the services is to terminate their account with Strategic Marketing Communications.com LtdŽ by notifying Strategic Marketing Communications.com LtdŽ support of their desire to terminate this service by email. Their notice of termination will be effective upon receipt by Strategic Marketing Communications.com LtdŽ, or upon receipt of confirmation if confirmation is requested.

    9.2 If a Website Critique has been paid for and is terminated by the Website Owners with or without cause no refund will be applicable.

    9.4 If a Website Critique has been paid for and is terminated by Strategic Marketing Communications.com LtdŽ with or without cause, a full refund will be provided.

    10 Ethical Policy...
    10.1 Strategic Marketing Communications.com LtdŽ reserves the right to immediately terminate this agreement without discourse if it discovers Website Owners either employ child labour, or are involved in the production or distribution of pornography.

    11 Copyright...
    11.1 All rights in the site design, text, graphics and other content, interfaces and the selection and arrangements thereof, all software compilations, underlying source code, and software belong to Strategic Marketing Communications.com LtdŽ. All rights reserved. No part of this web site may be copied, performed in public, broadcast or adapted without the prior written permission of Strategic Marketing Communications.com LtdŽ.

    11.2 If you have any outstanding questions please email Support@StratMarkComs.com

    12 Entire Agreement and Modification of Agreement...
    12.1 This Agreement comprises the entire agreement between Strategic Marketing Communications.com LtdŽ and Website Owners, and supersedes any prior agreements between Strategic Marketing Communications.com LtdŽ and Website Owners, Business Owners with respect to the subject matter hereof or thereof. However, Website Owners, Business Owners are subject to any additional terms and conditions of which you are notified and/or which may apply.

    12.2 Strategic Marketing Communications.com LtdŽ reserves the right, at its discretion, to revise this Agreement at any time, and such revision shall be effective immediately upon the posting of the revised Agreement at the Web Site www.StrategicMarketingCommunications.com. Website Owners, Business Owners agree to review the Agreement periodically to become aware of such revisions. If any such revision is unacceptable to Website Owners, Business Owners, they may terminate their service.

    12.3 Website Owners, Business Owners receipt of the completed service that is sent to them via email shall be conclusively deemed to be acceptance of all such revisions, and concludes the Commitments and contract between Website Owners, Business Owners and Strategic Marketing Communications.com LtdŽ with respect to the Strategic Marketing Communications.com LtdŽ Services.

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