‘The Agreement’ shall mean the agreement made between Superb Search and the Customer which shall consist of: (a) the provisions of this document; and (b) any terms and conditions that are intended to be binding with the Customer which are set out by Superb Search.
The Customer confirms to Superb Search that:
(a) the Customer shall not provide Superb Search with any information or with any materials that infringe the rights of any other person (including any intellectual property rights); and (b) none of the information or materials supplied by the Customer to Superb Search shall be libelous, obscene, or abusive nor shall it breach any law or regulation or give rise to any legal claims of any sort and the Customer’s website shall likewise not display or contain any information or materials of the kinds referred to in this clause.
Superb Search acknowledges that in relation to web design services all page designs, logos, code or text remains the copyright of Superb Search until payment has been made in full by the client for the agreed sum.
Superb Search acknowledges that all intellectual property rights in the Customer’s website and the Customer’s registered and unregistered trademarks belong to the Customer at all times.
The Customer confirms to Superb Search that there may be occasions when the Customer’s website or the websites of any third parties may be out of action for limited periods due to technical difficulties or routine maintenance and Superb Search shall not be liable to the Customer for any downtime of this sort.
The Customer acknowledges that Superb Search is not in a position to continuously monitor the Customer’s Website and any links from it and that the scope of Superb Search’s investigations regarding the Customer’s Website shall be limited to an assessment by Superb Search of the contents primarily for the purpose of evaluating appropriate search terms and website optimisation to be coded into the site under the terms of the Agreement as part of the service.
Superb Search agrees, using their own proprietary knowledge, to optimise the Customer’s website by adding and changing code, structure and information, to maintain the website and perform its obligations under the Agreement. It is specifically agreed that optimisation of the Customer’s website, in accordance with the terms of the Agreement, does not guarantee any particular level of traffic to the Customer’s Website throughout the term of the Agreement.
Unless stated to the contrary in the Agreement, all sums that are to be paid to Superb Search by the Customer shall be payable in advance.
Superb Search shall send the Customer the following information by email to the specified email address: (a) future changes to Superb Search’s charges or fees; and (b) any additional terms and conditions or changes to the way in which the Service shall be run. Superb Search shall give the Customer no less than 30 days prior notification of those changes.
Limitation of Liability
Superb Search’s total liability to the Customer shall not exceed the aggregate of any sums paid to Superb Search by the Customer during the calendar year in which the applicable cause of action against Superb Search arose. Neither party shall be liable to the other for its failure to comply with its obligations under the Agreement caused by anything beyond its reasonable control.
Term of Agreement
The Agreement shall commence on the date of its execution and it shall last for the period agreed and paid for in advance.