Service Schedule for BT Website Search Marketing Services

Transcription

1 1. SERVICE DESCRIPTION Service Overview 1.1 The Service includes the creation and maintenance of a search engine marketing campaign and the construction and hosting of a landing page website as further described in this Service Schedule. It does not include the provision of any BT Equipment or other equipment. 1.2 By ordering the Service, the Customer confirms that it is acting in a business capacity and is not and will not be dealing as a consumer" for the purposes of section 12 of the Unfair Contract Terms Act The Service may be ordered through BT sales representatives. Service Start Date 1.4 By ordering the Service, the Customer agrees that the Service Start Date is the date that the Contract begins, as set out in Clause 1.1 of the Conditions. Minimum Period 1.5 The Minimum Period of the Contract, which will be stated on the Order Form, is either 4 or 12 months. Service Description 1.6 The Service is described in more detail at The Service comprises four key components: (a) (b) (c) (d) Landing Page. A single page website built on a newly registered domain name. The Landing Page will contain tailored customer content, including product description(s), imagery, links to other websites (where appropriate) and a Metered Number. Editorial Group(s). A selection of internet advertising Keywords and corresponding advertisement. Creation and maintenance of a PPC advertising campaign. Delivery of a regular performance report. The Set Up will be based on requirements captured during the initial order conversation with a sales representative and any details captured as part of the Set Up process set out in paragraphs 3.7 to 3.8 below. Additional charges will be applied if the Customer requests additional pages or supplemental features, within the limitations of the Service, as set out at and only where those additional features and charges have been explicitly agreed in writing with the Customer. 1.8 On completion of the Set Up phase, BT will host the Landing Page and register an available Domain Name (see Additional Terms below) to support the Landing Page. 2. SERVICE LEVELS 2.1 BT will provide the Service with reasonable skill and care. Service Support 2.2 Customer support is available on (0800) during the hours of 09:00 to 17:00 hrs Monday to Friday, excluding public holidays. British Telecommunications plc Page 1 of 9

2 3. RESPONSIBILITIES OF THE CUSTOMER AND BT General Service Schedule for 3.1 When ordering the Service, the Customer must provide BT with accurate and up to date information. 3.2 The Customer will nominate a representative who has appropriate knowledge and authority to discuss and implement the Customer's advertising needs. 3.3 BT will use reasonable efforts to make sure that backup copies of the Landing Page and all data contained on it are made at reasonable intervals. 3.4 The Customer acknowledges that where it requests BT to include in its Landing Page links to other websites, BT will not make any independent enquiry into these links and that the use of these links (including their availability) is at the Customer s sole risk. The Customer confirms that the creation of these links is authorised by the owner / operator of the linked website and that the linked website complies with the terms of the Contract. 3.5 Where links to other websites are included on the Landing Page, the Customer acknowledges that the use of such websites may be subject to the acceptance of, and compliance with, the terms and conditions of the website provider. The Customer acknowledges and accepts that compliance with these terms and conditions is its responsibility alone and the Customer will indemnify BT against any claims or legal proceedings which are brought or threatened against BT by a third party due to the Customer s breach of these terms and conditions. Furthermore, the Customer acknowledges and accepts that compliance with all applicable legislation is also its sole responsibility. 3.6 Where BT provides the Customer with access to the Google AdWords Program (the Program ) as part of the Service the Customer acknowledges and agrees that its use of the Program will be governed by the policies, terms and conditions applicable to it (as such policies, terms and conditions may change from time to time) set out at (the AdWords Ts and Cs ). In the event that the Customer carries out an act or omission which causes the Customer to be in breach of the AdWords Ts and Cs, BT may chose to terminate or suspend the Customers AdWords account in accordance with the AdWords Ts and Cs. In addition, the Customer will indemnify BT against any claims or legal proceedings which are brought or threatened against BT by a third party due the Customer s breach of the AdWords Ts and Cs. BT will notify the Customer of any such claims or proceedings and keep the Customer informed as to the progress of such claims or proceedings and have due regard to the Customer s representations. 3.6A It is a requirement of the AdWords Ts and Cs that every website that processes personal data, as defined in the Data Protection Act 1998, hereinafter called ( Personal Information ), contains a privacy policy regarding the use of such Personal Information. Therefore, every website that participates in the Program (that processes Personal Information) must contain a link on its home page which directs people to its privacy policy. Any website without such a link to a privacy policy may be suspended and withdrawn from the Program, without notice, by Google (BT will not be liable to the Customer for any claims, losses (direct and/or indirect) or damage suffered by the Customer or any other third party as a result of Google suspending and/or withdrawing their website from the Program). As part of the Service BT provides the Customer with a template privacy policy (the Policy ) (see Annex 1 below) for guidance. The Customer acknowledges and agrees that: (a) (b) (c) it (and not BT) is the data controller, as defined in the Data Protection Act 1998, and it (and not BT) has legal obligations in relation to any processing of Personal Information by (or on behalf of) the Customer; the Policy is generic and for guidance purposes only; and BT is not liable for the content in (or any omissions from) the Policy. 3.6B If BT has provided a Customer s website BT will automatically add the Policy to it. If the Customer has its own privacy policy it must send BT a link to it within 5 working days of the consultation referenced in paragraph 3.8 below. If the Customer does not send this link (or the link sent does not work or does not direct a reader to the Customer s privacy policy) BT will add the Policy to the Customer s website when the same is published. If BT British Telecommunications plc Page 2 of 9

3 has not provided the Customer s website, the Customer must either immediately add the Policy or its own privacy policy to it. 3.6C The Customer will indemnify BT for all costs incurred and against any claims or legal proceedings, howsoever arising, which are brought or threatened against BT by a third party due the Customer s processing of Personal Information and/or reliance on the Policy. BT will notify the Customer of any such claims or proceedings and keep the Customer informed as to the progress of such claims or proceedings and have due regard to the Customer s representations. Set Up 3.7 Following confirmation that the Customer wishes to proceed with the Search Marketing service, then the Customer will sign the electronic Order Form and return it to BT. On receipt of the signed Order Form, BT may accept the order in accordance with Clause 1.1 of the Conditions. 3.8 Subject to the receipt of the initial payment as set out in paragraph 4.2 below, BT will commence the Set Up of the Service by attempting to contact the Customer on two occasions, on the telephone number provided by the Customer, for a consultation regarding the design of the Landing Page and the suggested Keywords. BT reserves the right to charge for additional work which is required by the Customer which is outside the scope of work contemplated by the initial sales consultation or detailed on the Order Form. 3.9 The Customer is responsible for promptly providing any of the content required to complete the Landing Page to the agreed specification and BT cannot be held responsible for any delays to the delivery of a Landing Page website which are attributable to any failure in this regard Following the consultation set out in paragraph 3.8 above and the provision by the Customer of the required content, BT will construct the Search Marketing Campaign based upon the consultation and using any of the Customer s content provided under paragraph 3.9 above If BT is unable to contact the Customer for the consultation set out in paragraph 3.8 above or if the required content for the website is not provided within 3 (three) Working Days of the date advised by BT (or any other date agreed between the parties), BT will build the Search Marketing Campaign based on the information provided during the initial sales consultation. Publication to the Internet 3.12 The Search Marketing Campaign will be automatically published to the Internet upon completion and the Customer informed by . During the Live Update Phase the Customer will be able to request minor corrections to their published Landing Page through the support desk number or through specified electronic means. BT reserves the right to charge for additional work during the Live Update Phase if the request is deemed to be outside the scope of the Order Form or the consultation carried out in accordance with paragraph 3.8 above BT will be responsible for updating the Landing Page on an ongoing basis from the date that the Landing Page is published to the Internet From the end of the Live Update Phase, the Customer may request changes to the Search Marketing Campaign, although BT reserves the right to charge the Customer for its reasonable costs of implementing such changes. BT accepts no liability for changes made to the Search Marketing Campaign which are requested by the Customer From the date that the Search Marketing Campaign is published to the Internet, BT will spend an average of at least 60% of the Campaign Budget Fee during the Contract (the Monthly Commitment ) on the purchasing of PPC traffic to the Customer s Landing Page. PPC traffic is charged on a monthly basis for each Click delivered (as recorded by the Internet Search Engine) and the charge varies depending upon the Keywords selected In the event that the Monthly Commitment is not spent in any month, any unspent amount will be carried over into subsequent months and spent during the remainder of the Contract. British Telecommunications plc Page 3 of 9

4 3.17 BT will send the Customer a monthly report of the traffic generated to its nominated account. 4. CHARGES General 4.1 The Customer must pay the Charges for the Service. 4.2 The initial payment, comprising the Landing Page Creation Fee and the first Monthly Charge will be taken via direct debit from the Customer s nominated bank. It is the Customer s responsibility to provide the necessary direct debit mandate. 4.3 Subsequent Monthly Charges will be paid via direct debit from the Customer s nominated bank. 4.4 All invoicing and billing communication related to the Service will be online only. 4.5 Clauses 4.10 and 4.11 and Clause 4.12 of the Conditions will not apply to this Service. 4.6 If the Customer disputes any charge on a bill, the Customer will notify BT in writing within 14 days of the date of the bill with all relevant information. The Customer will pay the full amount of the bill pending resolution of the dispute. Any disputes will be resolved promptly and the resolved amount, if any, is payable immediately. Monthly Charges 4.7 The Monthly Charges set out the minimum monthly spend the Customer can commit to. Termination Charges 4.8 If the provisions of Clause 6.5 of the Conditions apply and BT is entitled to apply termination charges, then the Customer must pay BT twenty per cent of the Campaign Budget Fee, up to a maximum of 600, that would have been payable by the Customer for the remaining month(s) of the Minimum Period. 4.9 If the provisions of Clause 6.5 of the Conditions apply and BT is entitled to apply termination charges but BT has not at that time instigated the Set-Up of the Service, then BT may, at its sole option, elect to waive the provisions of paragraph 4.8 above and require the Customer to pay a cancellation charge of Subject to paragraphs 4.8 and 4.9 above, on the ending of this Contract BT will refund the Customer any unspent portion of its Monthly Commitment less an administration fee of 15 (excluding VAT). 5. ADDITIONAL CONDITIONS 5.1 In addition to the provisions of Clause 3.3 of the Conditions, the Service must not be used in a way that is in contravention of any guidelines of any Internet Search Engine or BT s Advertising Policies located at The Customer will indemnify BT against any claims or legal proceedings which are brought or threatened against BT by a third party due the Customer s breach of any guidelines of any Internet Search Engine. BT will notify the Customer of any such claims or proceedings and keep the Customer informed as to the progress of such claims or proceedings and have due regard to the Customer s representations. 5.2 The Customer accepts full responsibility for all of the content (including images) published on the Landing Page even if it makes use of any content suggested by BT. It is also the Customer s responsibility to ensure that the content of its Landing Page does not breach the Intellectual Property Rights of any third party and that it has permission to use all the content. 5.3 BT reserves the right not to accept Customer requests for specific Keywords to be used as part of the Service. 5.4 In providing the Service, BT does not guarantee a number of completed transactions or any other results or that clicks delivered will be as a result of a search performed on any specific Internet Search Engine. British Telecommunications plc Page 4 of 9

5 Domain Name 5.5 A domain name will be ordered as part of the Service. Customers can choose from available.co.uk,.ltd.uk,.com or.net domains. All other domain extensions, if available, may incur additional charges. 5.6 Customers cannot transfer in an already registered domain for use with a Landing Page. 5.7 BT will not be held responsible if an incorrect domain name has been registered. It is the Customer s responsibility to make sure that correct details are provided to BT. 5.8 In the event that the domain name: (a) (b) requested is unavailable; or becomes unavailable between BT s receipt of the Customer s request for registration and the date the application is processed by the registration agent or naming authority; BT will, at BT s discretion, register an alternative domain for use with the Landing Page. The Customer accepts that the non-availability of the domain name or any replacement domain name shall not affect the validity of the Contract or its obligation to pay the Charges. 5.9 The Customer warrants to BT that the domain name does not infringe any Intellectual Property Rights of any third party, including but not limited to trade marks registered or otherwise used by any third party BT reserves the right to refuse to register domain names at its sole discretion. BT will inform the Customer of any refusal. The Customer acknowledges and accepts that BT will have the right to cancel, disconnect or transfer the Customer s domain name at any time upon receipt of a court order or an arbitration award requiring such cancellation, suspension, or transfer Domain names will be registered in the Customer s name, as owner and as administrative contact Where the Customer asks BT to register a domain name the Customer is authorising BT to act as its agent with the registering authority. The Customer accepts that all domain names will be subject to the additional terms and conditions set out at by the applicable domain Registries, including but not limited to and ICANN s Uniform Domain Name Dispute Resolution Policy (the UDRP ). BT accepts no responsibility for changes in the terms and conditions of these Registries. In the event of any conflict between those terms and conditions and this Contract, this Contract shall take precedence Domain names are subject to the following minimum periods from registration as follows:.co.uk 2 years.com 1 year 5.14 BT will continue to pay the registration and rental fees for the Customer s domain name for the duration of the Customer s Contract Whilst BT will use reasonable endeavours to make sure that the Customer s domain name is renewed at the relevant renewal date, the Customer acknowledges and accepts that it is not possible for BT to guarantee such renewal and that BT shall not be liable for any failure to renew the domain name In the event of termination of the Service the non-chargeable domain name(s) will no longer be automatically renewed. It is the responsibility of the Customer to ensure that its domain name is transferred away or provision is made with BT for the continued rental of that domain name BT reserves the right to apply a nominal charge for the transferring away of domain names BT accepts no liability for lapsed domain names in the event of incorrect payment details or a failure by the Customer to pay the Charges. British Telecommunications plc Page 5 of 9

6 Limits of Liability 5.19 BT s liability for errors or omissions in the provision of the Service is limited to undertaking such work as is necessary to correct such error or omission. BT will only be liable to perform such corrective work if the error or omissions are in those parts of the Service that it is responsible for providing and are not as a result of information provided by the Customer. Any errors or omissions must be notified to BT within Live Update Phase In provision of the Service BT is not liable for: (a) (b) (c) any alteration to the Customer Landing Page caused by a third party (including but not limited to additions, modifications or deletions); the availability or accuracy of third party web sites or resources to which the Customer may be linked; or the content, advertising, or products on or available from third party web sites or resources 5.21 In any event, BT s liability under Clause 7.2 of the Conditions to the Customer in contract, tort (including negligence) or otherwise in relation to this Contract is limited to 5,000 for any one incident or series of related incidents and to 10,000 for all incidents in any period of 12 months. Intellectual Property Rights 5.22 If BT agrees to prepare any artwork or material for the Landing Page, BT will grant the Customer a nontransferable non-exclusive licence to use the artwork on the Landing Page The Customer will indemnify BT against any claims and/or legal proceedings (and any resulting loss, damages, costs or other expenses) which are brought or threatened against BT by a third party due to the Customer s breach of any third party s Intellectual Property Rights. BT will notify the Customer of any such claims or proceedings and keep the Customer informed as to the progress of such claims or proceedings and have due regard to the Customer s representations. 6. DEFINITIONS In this Service Schedule the following term, in addition to those stated in clause 10 of the Conditions, has the meaning shown next to it:- Campaign Budget Fee Charges Click Conditions Internet Search Engine Keyword(s) means the monthly amount set out on the Order Form which includes the cost of purchasing PPC traffic and a monthly management fee for the Service, but excluding the Subscription Charge; means the list of charges set out on the Order Form; means the act of an end-user clicking on an internet advert and visiting the Landing Page; means the Conditions for BT Business Services which are made available at (or any other on-line address that BT may advise the Customer); means any online facility which allows a User to search for website content containing words or phrases selected by the User and be presented with hypertext links to such content; means a single word or combination of words that are included within a Search Marketing Campaign to match an online advert to results presented on the Internet Search Engine results page; British Telecommunications plc Page 6 of 9

7 Landing Page Landing Page Creation Fee Live Update Phase Metered Number Monthly Charge Order Form PPC Search Marketing Campaign Set-Up Subscription Fee User means a single page website built on a newly registered domain name as further described in paragraph1.7 (a) above; means the single Charge set out on the Order Form for the construction of the Landing Page; means a period of 28 days post the publication of the Landing Page to the Internet during which the Customer can request minor updates and corrections to their Landing Page to be carried out by the Set Up team; means a monitoring tool in the form of a telephone number used within the content of the Landing Page to enable BT to measure the volume of calls made to a Customer generated by the Landing Page; means the applicable Campaign Budget Fee and the Subscription Fee; means the order form provided to the Customer in accordance with paragraph 3.7 above that sets out the details of the Service to be undertaken by BT and the associated Charges. means pay per click Internet advertising where a business is listed under a paid advertising position on internet search engines the combination of the Landing Page and the Editorial Group(s); means the process of designing and building the Customer s Landing Page, including the initial sales consultation and the campaign consultations carried out in accordance with paragraph 3.8. means the monthly subscription fee for the Service as set out on the Order Form. means a person carrying out a search on an Internet Search Engine using words matching a Keyword who then clicks on a resultant link with the intention of being hyperlinked to the Customer s landing page. British Telecommunications plc Page 7 of 9

8 Annex 1 Template Privacy Policy Introduction This privacy policy tells you how we may use your information. Please look at our website home page for more information about who we are. Information means data which is about you and which identifies you, for example your name, address or telephone number. We are legally responsible for how we process your information. We will always process your information in a manner which is fair and lawful, and in accordance with the obligations we have, as data controller, under relevant privacy and data protection laws. We take the security of your information very seriously. We will put in place appropriate technical and organisational measures to help us to keep your information secure. What information do we collect? We may collect information about you from your visit to our website. This may be information which you provide to us (for example your name and address if you are placing an order). Or, it may be information we obtain from you about how you accessed our site (and whether you came via a link from another website), how often you visit our site, and your browsing habits when you are using our website. We may use this information to personalise your visit to our website. We may use cookies. Cookies are information files which we will store on your computer s hard drive. Cookies help us to collect information about you and to remember you. Cookies are commonly used on the internet. We may use session cookies (which exist just for the time you are using our website). Or, we may use permanent cookies (persistent cookies) which stay on your computer for a number of years. We may use cookies to build up a profile of what you like or dislike from your use of our website. You can use your browser to disable cookies if you don t want to have them on your computer. For more information about how cookies work, the law about how we should use cookies and the information we should give you to about cookies, please look at the Interactive Advertising Bureau s website. However, please note that if you do disable cookies, sometimes some parts of a website will no longer work. How do we use this information? We might aggregate this information, so that it is no longer information about you, to learn about trends about our customers and how they use our site. We may pass aggregated information to third parties. We use this information to provide you with the product or service we offer, to manage your account with us, for billing and payment purposes. We may share information with third party debt tracing or debt collecting agencies, or for fraud prevention purposes. We may use your information to market our other product and service to you, or to tell you about products and services from other organisations we think you might be interested in hearing from. We may contact you in writing by post, by phone, by SMS or by . British Telecommunications plc Page 8 of 9

9 We may need to pass information about you to law enforcement agencies, for example the police or government departments. We may process your information outside of the European Economic Area. If we do this, we will take appropriate steps to protect the security of your information. By using our website, you agree that we may transfer your information outside of the European Economic Area. Please contact us at the address on our home page to: (a) correct any information we hold about you; and/or (b) tell us that you prefer that we didn t pass on your details to anyone else; and/or (c) to tell us if you would prefer not to receive marketing information from us or; and/or (d) to ask us any other question you may have about how we process your information. If we collect confidential personal information from you, for example, bank or credit card details, we will use a secure server to do this so as to protect your information. We may amend or update this privacy policy from time to time. You agree to any amendments when you use our website. Our privacy policy only applies to our website. Our website may contain links to other websites provided by other organisations. If you visit another website you should read the privacy policy for that website. British Telecommunications plc Page 9 of 9