Terms and Conditions

Terms and Conditions of Service

These terms of service govern your access and use of nikkihalliwell.com (the ‘website’) and the purchase of any services offered (‘services’).  Please read carefully before purchasing any service, should you not agree with any clause contained within these terms then please do not continue to purchase from Nikki Halliwell SEO as you will be bound by the said provision contained here within.

Standard terms and conditions of business

This document (referred to as ‘agreement’ or ‘contract’) forms an agreement that becomes binding between the person, company, firm or other legal entity (referred to as ‘you’ or ‘user’) on the date of using the website and/or agreeing or purchasing services from Nikki Halliwell SEO.

  • Nikki Halliwell SEO (referred to as ‘Nikki Halliwell’, ‘us’, ‘our’, ‘service provider’, ‘consultant’ or ‘we’) means any of its staff, Directors or premises owned or controlled by XPLR Digital Limited.

    • XPLR Digital Limited is a registered company in England and Wales. Company number:15250621
  • These Terms apply to all services that we provide and may be amended or terminated at any time. Any termination or amendment will be effective from the date the amended version is posted on our website. The revised date will indicate the last amendment.  Continuous use of the services after the date of an amendment will signify your acceptance of the revised terms.

  • The consultant agrees to provide the client with search engine optimisation services, including but not limited to analytics reporting and other website services as specified and agreed.

  • Where services are accepted and/or purchased on behalf of a company or other legal entity, you confirm that you have the authority to enter into such an agreement with us.

  • Any person under the age of 18 is not permitted to use or purchase services.

  • Third-Party (referred to as ‘third party’) means a person, group or company besides the two main people/companies or legal entities involved in this agreement. We do not accept responsibility or liability in any way for any act or omission provided or quality of service, content or publications provided by the third party in question.

  • Any security and privacy practices or policies stated by third-party websites are referred to on their own websites; please ensure to view such documentation accordingly.

  • Should we believe that the user has breached any of these terms, we will take necessary action, which may include the temporary suspension or even deletion of your account and prohibit your access to (purchase) services. Alternatively, we may report you to authorities and the police and/or commence legal proceedings against you.

  • The consultant will work remotely from a place of their choice, taking into consideration the confidentiality of the work. The service provider can travel to the Client’s worksite as requested and agreed upon on-demand and on occasion. 

Definitions

A glossary of key industry terms is provided for added clarity. The objective is to offer a plain English understanding of digital marketing practices referred to in this agreement. It should be noted that the definitions provided are not to be considered to be-all and end-all when it comes to digital marketing terminology. For the purposes of this agreement:

  • Deliverable – used to describe a tangible or intangible object produced with the intent to be delivered to a customer. It can be a report, document, presentation or guide.

  • SEM – Search engine marketing means promoting websites by increasing their visibility in search engine results (paid and organic).

  • Analytics – Web analytics is the measurement, collection, analysis and reporting of web data for purposes of understanding and optimising web usage. We will be referring to any work analysing data, setting up or using Google Analytics/GA4 or any other agreed platform as web analytics or digital analytics.

  • SEOSearch engine optimisation (SEO) is defined in Wikipedia as: “the process of affecting the online visibility of a website or a web page in a web search engine’s unpaid results—often referred to as “natural”, “organic”, or “earned” results.”

  • Search Engines – search engines catalogue and organise the web. Some popular search engines are Google, Baidu (China), Yandex (Russia) and Duckduckgo.

  • Client’s Competitor – the SEO consultant will require competitors to provide additional insights. What is understood by competitors is a website competing in the same niche or industry and targeting the same keywords and type of audience or clientele.

  • Keyword – A keyword or keyword phrase is a search term(s) which is used to construct a query (question) typed in search engines.

  • Keyword Research – an activity where an SEO specialist defines and analyses the search volumes, search terms and semantic field to help provide insights as to what type of content should be used or produced to gain online visibility.

  • Keyword stuffing – a black hat SEO technique that involves over-optimising content for certain keywords to gain visibility in search engine results pages. This practice is penalised by many search engines.

  • SERP – Search Engine Results Pages (SERP) is defined in Wikipedia as: “the pages displayed by search engines in response to a query by a user. The main component of the SERP is the listing of results that are returned by the search engine in response to a keyword query.”

  • Keyword cannibalisation – Several web pages showing up for the same keyword(s) or any page showing up on a query when another, more important and more adequate page should be showing up instead.

  • Link Building – It is a Search Engine Optimisation technique which is used to get backlinks from websites to your website. Domain Authority is a common metric people refer to for link-building deliverables.

  • Website Usability – refers to how easy a website is to navigate for users (humans and bots alike).

  • Website Accessibility – according to the W3C, it can be defined as “Accessibility is essential for developers and organisations that want to create high-quality websites and web tools, and not exclude people from using their products and services.” Many accessibility guidelines also apply to search engine bots to navigate websites.

  • User Engagement – an assessment of a visitor’s response to a website. It is often analysed through tracked user interactions on the website.

  • Conversions – Also known as goals. Conversions are seen as essential elements that help define a business’ success. Types of conversions often used in digital marketing are orders, leads, downloads, page views, sign-ups, enquiries, traffic etc.

  • Conversion Rate – It is the percentage of visits which result in goal conversions.

  • KPI – A KPI or Key Performance Indicator is used to measure how well an organisation or individual is accomplishing its goals and objectives.

  • On-page – Visible content on a website, usually editable from the CMS of the website.

  • Off-page – External elements relating to a website that can have an influence on SEO performance. It can include backlinks, directory listings, Google My Business profiles, etc.

  • Confidential Information – It includes but is not limited to, any and all estimates, costs, services, documents, recommendations, reports, emails, phone or video conference (Skype, Google Hangouts, Zoom, etc.) consultation for the purpose of reporting, recommending or educating the Client by Nikki Halliwell for carrying out search engine optimisation services.

Payment and Fees

  • Services are provided subject to the applicable service fee (‘fees’) payable by the user.

  • We shall invoice you 100% of the fee upon your order – unless otherwise specified and agreed in writing.

  • Should payment by PayPal be required, additional fees will be chargeable to cover the costs of PayPal charges. 

  • Fees are payable by Bank Transfer (BACS). The user should also enter their invoice ID as the payment reference to prevent issues with payment.

  • Fees are quoted and payable in GBP (sterling), and services may not be provided until funds have cleared.

  • Our fees are subject to change without prior notice. Such changes will be available to the user via our website.  Where necessary, we will request consent from the user to the amendment of any such fees.

  • The user is responsible for ensuring that such data and payment information are correct to pay for the services requested. We accept no liability for payments that do not reach us due to incorrect information being submitted.

  • Once the payment has been submitted, we will send the user a confirmation email confirming the order, which will be based on these terms and is binding.

  • All proposals are based on project estimates and may be subject to change if additional work is required.

  • All recurring monthly services will be billed on a monthly basis.

Refunds and Cancellation

  • Refunds are not permitted for services already used by the user.

  • Any upfront payments that have been made prior to services being provided may be refunded with the deduction of an administration fee of £25.00.  Refunds will be issued via the same payment method that was used to purchase the service (BACS).

  • Cancellation of user accounts may be done by contacting us directly at hello@nikkihalliwell.com. Again, fees for services provided will not be refunded. However, after cancellation, no further fees will become due, and services by Nikki Halliwell will cease.

Penalties for Late Payment

  • Should an invoice become overdue, a new invoice will be issued and sent to the user for the total amount of the services owed, plus the late payment fee.

  • In the event of late payment, a late fee of 6% of the invoice total is chargeable. 

  • An additional 6% late fee will be added for each additional month that the invoice goes unpaid.

  • Failure to pay the late fee may result in the withdrawal of services by the consultant.

Nikki Halliwell SEO Services

  • Nikki Halliwell SEO provides services for SEO management, auditing, technical SEO, copywriting and other related services.

  • All our services shall be delivered to the user remotely via the internet.

  • We accept no responsibility for the provision or interruption of internet access by individual internet providers.

  • We accept no liability if the provision of services is interrupted, suspended or delayed due to the user failing to provide requested information and/or failure to comply with these terms.

  • To prevent such delays, the user agrees to provide us with information related to the services, such as (but not limited to) briefs, keywords, URLs, or related content. The user further agrees not to submit any information that they are not authorised to use, or that infringes any applicable laws or relevant regulations.

  • We only have partial control over distributed content and, therefore, cannot always remove or amend content or information that has been distributed by us. Where content is distributed to third-party websites, the user agrees that we are not responsible for the content, and any amendments or removal of the content may be outside of our reasonable control.

  • Keywords are chosen by the user, and we shall not be responsible or liable for your chosen keywords and/or the rankings or underperformance of said keywords. 

  • We make every effort to ensure the information provided to the user in our reports is accurate. However, the user acknowledges and agrees that factors such as time, location and device usage may affect these reports and, therefore, may differ from information found directly by the user.

  • The Service Provider has no control over the policies and ranking algorithms of search engines (such as Google, Bing, Baidu, Yandex, etc.) with respect to the websites or contents they work on now or in the future. Positions, visibility, indexation or penalties are at the discretion of each search engine or directory. As such, the consultant, Nikki Halliwell, does not guarantee ranking or specific positions in search engine results pages.

  • The Service Provider assumes no liability for ranking, traffic, or indexing issues related to penalties. The Client understands that ranking new websites is much more difficult than ranking old and established sites.

  • A website search engine ranking can fluctuate any day, any time, because of ongoing changes in the ranking algorithm, SEO efforts made by the competitors or both. Ranking fluctuations are also not covered by the contract, as these changes are caused by ranking algorithms.

  • The Service Provider does not guarantee results, and if her work is not implemented or not implemented properly, additional fees to rectify the situation may be incurred. These additional costs shall be estimated and agreed upon as a separate contract.

    • SEO work is considered to be modified or destroyed if changes are made to the website without consulting the SEO specialist.

  • Training sessions are provided by the consultant. They include time spent preparing and teaching the material.

  • At the end of the training, a deck of slides is made available online with the explicit understanding that the teaching materials remain the sole property of Nikki Halliwell and must not be distributed or shared with any person or entity that has not attended the training without prior permission.

Scope

  • Changes requested beyond the original scope of the project will be charged at an hourly rate. 

  • Any extra hour of work started is due in full.

Rush Fee / Urgency Fee

  • If any services are requested with a shorter turnaround than stated in the initial proposal, a rush fee starting at 30% of the total amount may be added to the total cost.

  • A different urgency fee may be agreed upon and accepted at the service provider’s discretion.

Client responsibilities

The Client recognises the following concerning their responsibilities:

  • The user agrees to review these terms in conjunction with our privacy policy

  • The Client is responsible for the content of their website. In any case, the Client is responsible for the moral respect of the laws and regulations, specifically related to the protection of under-aged populations and the respect of human beings as well as the protection and respect of personal data and rights in terms of intellectual property.

  • The Client will provide the Service Provider with all the necessary information to ensure the good execution of the services.

  • The Client undertakes vis-à-vis the service provider to have all the operating rights necessary for the fulfilment of the services covered by this contract.

    • The Service Provider only assigns the exploitation rights of the creation limited under the terms of this document. The Service Provider remains the owner of all creations until the service is fully settled. Any use outside the framework initially provided for in this quote is prohibited; unless express written authorisation from the service provider.

  • The Client agrees to collaborate with the Provider by making available any document or information that may be requested by the Provider and letting him carry out all the research that will be necessary on the site.

  • The Client undertakes to inform the Service Provider of any modification concerning this situation (in particular, change of address, electronic or other modification of the equipment…) and, at the latest, within eight days of the modification.

  • In the event of non-compliance with any of the aforementioned obligations, the Service Provider may terminate the contract, subject to one month’s notice. If the Service Provider terminates the contract under these conditions, the Client may not claim reimbursement by the Service Provider of the sums already paid, and the Service Provider will not be liable for any compensation in respect of the Client.

    • On the other hand, if the non-compliance with the obligations of the Client led to damage for the Provider, the Provider reserves the right to sue the Client to obtain full compensation for this damage and, in particular, the reimbursement of damages, penalties, costs, fees incurred by the Service Provider.

Acceptable use policy

By engaging with Nikki Halliwell SEO, you are agreeing to:

  1. Will comply with these terms and all applicable laws;

  2. Will provide accurate and up-to-date information;

  3. Will not use our website for immoral, illegal, abusive or offensive reasons;

  4. Will not spread malware, spam, or other illegal viruses;

  5. Will not use automated methods such as bots or scripts;

  6. Will notify us immediately at hello@nikkihalliwell.com of any content related to Nikki Halliwell SEO that is inappropriate and/or infringes any laws so that we may investigate further;

  7. Are responsible for any claims brought against you resulting from your use of Nikki Halliwell SEO, and you indemnify us against all claims arising from your use of our website.

Termination, Modification, interruption and Force majeure.

  • We reserve the right to modify or terminate Nikki Halliwell SEO with or without notice to the user.

  • We shall not be liable to the user or any third party should we wish to modify or terminate Nikki Halliwell SEO.

  • The user acknowledges and accepts that we do not guarantee continuous, uninterrupted or secure access to Nikki Halliwell SEO and the operation of the same.

  • We may decide to stop our service to you, without notice, as a result of circumstances out of our control such as (but not exhaustive) impossibility of performance, acts of nature, an act of God, epidemic, pandemic, legislation, war, fire, drought, power failure, lock-out or strike, providing incorrect information which we have relied on, material breach of your obligations to us. Should this occur, then you are liable for our charges and expenses up to the point of us notifying you of our intentions.

Intellectual property

Content made available by us or made available through us is owned by us, our partners or other content providers and includes but is not limited to text, images, visual content, source code, and trademarks and is protected by intellectual property law.

We do not permit the user, without prior written consent from us to:

  1. Copy our content;

  2. Distribute our content; adapt, modify or translate our content;

  3. Use, lease or attempt to grant others the right to our content; or

  4. Use the Nikki Halliwell brand or third-party trademarks or use such branding or trademarks to suggest we are affiliated with or endorse the user.

In respect of third-party intellectual property that is featured on our website – this may be owned by the third party and does not belong to us, and remains the property of the third-party proprietor. Therefore, you agree not to access or use third-party intellectual property.

  • If you believe that content made available by us infringes any copyright or intellectual property rights, please contact us at hello@nikkihalliwell.com with your concerns or request to remove the allegedly infringing content and supply us with the information that will enable us to locate the alleged infringing content.

Assignment of Specific Rights

To receive professional digital marketing services, the Client agrees to provide the following:

  1. Provide administrator (full rights) access to Google Analytics (GA4) or full access to existing website traffic statistics for analysis and tracking purposes on any other platform (such as Mixpanel, Hot Jar, etc.).

  2. Provide a Google Search Console access at the email address specified by the Service Provider.

  3. Provide access to the backend of the website for the purpose of on-page optimisation and other agreed changes.

  4. Permission to communicate directly with any third parties such as UX specialist, web designer, or marketing agency if necessary.

Advertising and Promotion

  • The Service Provider may, during events, in conferences and publications specialised in the professional markets, on its website or otherwise, avail itself of the services provided to the Customer and on its commercial documents and/or brochures.

Data protection

  • We will not disclose to any third party any personal data without your consent unless requested in accordance by agencies or for regulatory purposes.

Complaints procedure

  • If for any reason you are dissatisfied with the service provided, you should, first of all, refer it to the Complaints Team at hello@nikkihalliwell.com or to our registered address (83 Ducie Street, Manchester, M1 2JQ) who will investigate and take appropriate action.

Limitation of liability

  • You agree not to bring any claim for any losses against any member, officer, director, employee or consultant of Nikki Halliwell SEO. You hereby agree that a staff member of Nikki Halliwell SEO does not have a personal duty of care to you and any claim for losses must be brought against the company.

  • We shall not be liable to the user for any damages whatsoever including any special, indirect damages, loss of profits, revenue or goodwill or any type of consequential loss, business interruption or loss or damage of information or data whether in contract or tort (including but not limited to negligence) in equity, statute or otherwise and whether there has been detriment or suffering as a result of third party action, even where it was reasonably foreseeable or where the client had been advised of the possibility of the matter/action occurring.

  • We will not be liable for any third party or in respect of any consequential losses or loss of profits.

  • The exclusions and limitations in this paragraph will not exclude or limit any liability for fraud or dishonesty or for liabilities that cannot lawfully be limited or excluded.

Indemnities

  • You agree to indemnify us, our partners, affiliates, officers and employees, harmless from any claim or demand against all costs, claims, charges and expenses which we shall incur by reason of (but not limited to):

    • Use of any of our website or property for purposes other than those agreed by us.

    • Misrepresentation by you or with your authority to third parties of advice given by us.

    • Misrepresentation to third parties of the extent of our involvement in any particular service provided to you.

  • You undertake to indemnify us against all costs, claims, charges and expenses of whatever nature which may arise as a result of any such information proving to be inaccurate (whether wholly or in part) or incomplete. Including obtaining advice in respect to any settlement arising from libellous, infringement, proprietary or personal rights in providing services to you.

Law and Jurisdiction

  • These terms of business are subject to the laws of England and Wales. Any dispute or legal issue shall be subject to the exclusive jurisdiction of the English Courts.  Should a court rule that any clause within these Terms are invalid/unenforceable this will not affect the validity of the rest of the Terms, which will remain in force.

  • In the event of a dispute, we are willing to consider Mediation or Arbitration. The cost of the proceedings, disbursements, facilities and fees to be split between the parties. However, subject to the applicable Arbitration legislation, the Arbitrator may determine who shall be responsible for the costs of the Arbitration and shall set out that determination in any Award.

Contact information

If you have any queries about these terms of service, please feel free to contact us at Nikki Halliwell SEO.

Our details are as follows:

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