Digital Marketing Suite Terms

These Digital Marketing Service Terms (the “Terms”) are subject to the General Terms which are available to view on the Company website and can be found here. The Client acknowledges and accepts that they are bound by these Terms which are hereby incorporated and made an integral part of the Agreement. In the event of any conflict with the General Terms, these Terms shall prevail.

1. Description of Services

1.1 The Digital Marketing Service is a search engine marketing tool for websites (the “Service“). The Client may select from one or more of the following products:

1.1.1 Competitor Insight: Competitor Insight centralises the key information for the Client‘s business online in the feed, and notifies the Client in real-time of any activity affecting their website, such as reviews and online competitor activity. Terms which apply to Competitior Insight can be found here

1.1.2 SEO: SEO is a Do-It-Yourself Search Engine Optimisation tool that guides the Client click-by-click through every task of optimisation with personalised video tutorials. Terms which apply to SEO can be found here

1.1.3 Ad Builder: Ad Builder automatically proposes texts for advertisements based on selected keywords. Terms which apply to Ad Builder can be found here

1.1.4 Full Marketing Suite: Full Marketing Suite is a full Do-It-Yourself marketing solution, which includes the SEO, Competitor Insight and Ad Builder products, as well as a Local Listings feature. Its terms can be found here

2.The Service includes third party software (the “Software“), and may in certain circumstances include associated media, printed materials, "online" or electronic documentation, and services available through the internet to support or add to the Software, and any updates, enhancements, modifications, revisions, or additions to these items (“Updates“).

3. The Software is copyrighted and it is licensed to the Client under these Terms, not sold to the Client. 123-Reg and its third party licensors reseve all rights that are not specifically granted to the Client under these Terms.

4.The Service is only available to Clients for use in the course of business.

5.The Client agrees that its license to use the Software is only in conjunction with the purchase of the Service. By using the Software, the Client acknowledges that the Client may receive, without further notice or prompting, updated versions of the Software, which will be provided at no charge. The Client should not use the Software if it does not agree to this.

6. The Client‘s Rights and Obligations

6.1 The Client shall either be the legitimate domain owner of the website, or the Client must have written authorisation from the domain owner.

6.2 The Client warrants and represents that its use of keywords, including the trademark(s) of any third party shall comply with all applicable laws and shall not violate the Intellectual Property Rights of any third party.

6.3 The Company shall not be responsible for monitoring the Client’s website or any other content or material for any illegal activity or infringement.

6.4 The graphical user interface made available by the Company and the display, download, and export of data received through the Software, is to be accessed and used solely by the Client and for the Client‘s benefit.

6.5 The Client warrants and represents that all data it provides in connection with the Service is accurate and complete. The Client agrees to promptly update any data as necessary. The Client agrees not to misrepresent its identity in connection with its access to, or use of, the Software.

6.6 The Client shall not:

6.6.1 publish, display, disclose, rent, lease, modify, loan, distribute or create derivative works based on the Software or any part thereof;

6.6.2 copy, decompile, reverse engineer, disassemble, translate, or adapt the Software, or otherwise reduce it to human-readable form;

6.6.3 attempt to create source code from the object code of the Software;

6.6.4 create a standalone product from any third-party software contained in the Software; or

6.6.5 sublicense or assign the Software.

6.7 The Client agrees to defend and indemnify the Company, its affiliates, and its respective members, shareholders, officer,s, directors, employees, and agents, to hold them harmless from and against all claims, sutits, costs, damages, liabilities, and loses, incuding reasonable legal fees, arising from or resulting from any breach of the Client’s warranties under these Terms and any violation of a third party’s intellectual property rights.

7. License

7.1 The Company grants the Client a non-exclusive, limited, personal, non-transferable, and non-sublicensable, license to access and use the Software (the „License“), in object code form only, solely in connection with the Client‘s use of the Service. The License is subject to and conditioned upon the Client‘s full compliance with the Terms.

7.2 The Licenses are for individual use only and may not be licensed for multiple uses, or sold, licensed, copied, or traded. The Client is responsible for all charges associated with its use of the License.

8. Term and Termination

8.1 Where the Client purchases a monthly plan for the Service, the initial term shall be one month which shall automatically renew for further months, unless the Client provides at least 14 days‘ notice prior to the next renewal date and in accordance with the General Terms. The agreement shall terminate on the Client’s next billing date.

8.2 Where the Client purchases an annual plan for the Service, the initial term of these Terms shall be twelve months which shall automatically renew for further 12 month periods unless the Client provides at least 14 days‘ notice prior to the next renewal date and in accordance with the General Terms. The agreement shall terminate on the Client’s next billing date.

9. Consent to Use of Name and Data

9.1 The Software may provide our third parties with limited access to the device you use to connect to the Service. Among other things, the Software may provide rankingCoach with information related to your use of the Services, including business sector; the amount of time spent within rankingCoach; interactions with the Software; and information regarding the computer system used, such as a unique device identifier, operating system, the amount of available storage space, and internet connectivity. This information will, among other things, enable rankingCoach to manage rights associated with the content, allow rankingCoach to help you use the Software more effectively, enforce this Agreement and otherwise help rankingCoach to enhance and improve the Software and the Services. Information obtained by rankingCoach will be treated in accordance with rankingCoach’s Privacy Policy.

9.2 You hereby grant 123-Reg, its affiliates, its and their successors and assigns, the perpetual, irrevocable, non-exclusive, royalty-free, worldwide right and license to (i) display, download, modify, reproduce, use, distribute, store, and transmit your user data solely in order to provide the Services, and (ii) use your name and/or trade name for customer reference and marketing, advertising and promotional purposes.

10. Limitation of liability

10.1 Except as set forth in these Terms, the Software licensed hereunder is provided “as is“ and the Company expressly disclaims all warranties, whether express or implied, relating to the Software including the implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose, non-infringement and quiet enjoyment.

10.2 The Company does not warrant that the Software is error-free or will operate without interruption. Installation of the Software may affect the usability of third party software. If the Software or any data accessed therefrom is defective, the Client assumes sole responsibility for the entire cost of all repair or injury of any kind, even if the Company has been advised of hte possibility of such defects or damages.

10.3 In addition to the limitations of liability set out above and in the General Terms, the Company‘s maximum aggregate liability for damages under these Terms shall be limited to the fees paid by the Client during a 12 month period.