Terms and Conditions
General Terms
Pay-Per-Click Terms
Privacy Policy
Terms and Conditions
The following outlines the General Terms for CloudForce Marketing’s Services. There are also service-specific Terms for our main Services that are supplementary to and subject to these Terms. Before agreeing to any Services, you are required to read, understand, and agree to these General Terms and the relevant service Terms. Note: The column on the right provides short explanations of the adjacent Terms but are not legally binding.
General Terms | Put simply… |
Description Of Service CloudForce Marketing LTD. (CloudForce Marketing or “We”) provides a range of online marketing Services to businesses (“Clients” or “You”), including, though not limited to, Pay Per Click advertising (PPC), Facebook advertising, Search Engine Optimisation (SEO) and Website Development. Additional Services may be offered by us from time to time. The following are the General Terms of Service (“Terms”) for using our Services. | We provide online marketing Services and these Terms apply to all of them. |
Definitions Here are the definitions of the terminology used throughout these Terms:
| These are useful definitions to the wording seen in our Terms. |
Acceptance of Terms Cloud Force Marketing will provide Services to Client as outlined on the Cloud Force Marketing Ltd. website (www.cloudforcemarketing.com). This agreement supersedes all agreements, and is shown to you when you sign up, for you to agree to. It is your responsibility to read through these terms in full so you fully understand what you are agreeing to. Any variation of the terms shall be in writing and signed by or on behalf of the Client and CloudForce Marketing LTD. The Terms will apply from the date you purchase a package and the Services will commence the day you sign up and we begin the on-boarding process, not when your first ad goes live. We do not charge a setup fee for this very reason. This setup work and on-boarding fee is included in the monthly payment. The Terms will continue to apply until the completion of those Services and for the minimum contract length, unless terminated earlier in accordance with these Terms. | These Terms apply as soon as we acknowledge receipt of the signed Contract or a package is purchased and our Services will begin within an agreed time afterwards. |
Modifications of Terms CloudForce Marketing reserves the right, at its sole discretion, to modify or replace the Terms at any time. If the alterations constitute a substantial change to the Terms, we will notify you in writing (including via email) 14 days prior to the changes. What constitutes a substantial change will be determined at CloudForce Marketing sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. In addition, our Services may be interrupted from time to time as a result of equipment malfunction, as well as updates, maintenance and repairs of our systems that are outside the control of CloudForce Marketing and we reserve the right to suspend or discontinue the availability of any Service at any time and without prior notice. | If our Terms change, we will notify you. Also, in the unlikely event that things go wrong, our Services may be interrupted. |
Our Responsibilities As part of our service, we are responsible for taking reasonable endeavors to provide the agreed Services in accordance with the signed Contract or purchased package and to deliver them by any agreed dates. Although, the Client accepts that such timescales are estimates only. Accordingly, CloudForce Marketing shall not be liable for any delays in the provision of the Services. | We are responsible for providing the agreed Services in the Contract or purchased package and aim to achieve them in the estimated timescales provided. |
Client Responsibilities In addition to paying the Charges, you must ensure one point of contact is available during business hours, providing any information or content upon request so we can carry out our Services effectively You are also fully responsible for any technical changes that you or a third party make to your website and any related platforms, including the incorrect installation of tracking code. We are not responsible for any issues or damages as a result of failures to meet any of the Client responsibilities. | For us to carry out our Services properly, you need to have a point of contact available and provide us with all necessary information. Any technical changes that you make are entirely your responsibility. |
Charges and Payment All fees for Services provided to you are due and payable in full, in advance of provision of Services. A valid credit card for monthly payment of fees shall remain securely on file to cover monthly recurring charges for service.
In addition to the Charges, the Client shall pay CloudForce Marketing LTD., Value Added Tax (VAT) and/or any other applicable sales taxes at their respective rates. Unless and to the extent otherwise agreed, the Client shall pay each invoice submitted to it by CloudForce Marketing LTD. in full, and in cleared funds by Direct Debit. In the event that the Client’s business is acquired or receives new ownership, the Charges must still be paid by the Client.These charges stand independently from agreements you make with any third parties, such as advertising platforms. Therefore, the charges must be paid regardless of the advertising spend being paid to those platforms.
Without prejudice to any other right or remedy that CloudForce Marketing may have, if the Client fails to pay CloudForce Marketing LTD. on the due date, we may suspend all Services until payment has been made in full. CloudForce Marketing also reserve the right to charge interest on late payment at a rate of 4% above the base rate.
All payments payable to CloudForce Marketing LTD. under the Contract shall be due immediately upon termination of the Contract, despite any other provision. This term is without prejudice to any right to claim for interest under the law, or any such right under the Contract. Direct Debit Guarantee: visit Direct Debit for information on your Direct Debit rights.
Except in the case of a material breach of this agreement by Cloud Force Marketing Ltd, Cloud Force Marketing does not issue refunds of any fees for any reason beyond the 14 day money back guarantee, which is applicable only to your first order with Cloud Force Marketing Ltd. Refunds requested within the 14 day money back guarantee will only be processed once all ads created have been deleted. Fees due to Cloud Force Marketing Ltd. are not contingent upon any form of marketing results. Client is paying for time and work performed.
| You must pay the agreed monthly costs via Direct Debit unless agreed otherwise. If we do not receive the agreed payments, this will affect the delivery of our Services and we may also charge interest on late payments. The agreed costs are separate to the amounts that you pay to the third parties, including advertising platforms and must be paid as per the contract, regardless of the advertising spend amounts. Also, if you cancel your Contract early, you will be required to pay out your remaining payments in full. |
Cancellation Either the Client or CloudForce Marketing may terminate this Agreement by giving notice of 1 complete billing month unless the agreed Contract states otherwise. This is subject to the completion of the minimum term as set out in the Contract. Without prejudice to the agreed Contract, the generality of this Agreement shall terminate, notwithstanding any other rights and remedies the Parties may have, in the following circumstances:
In addition, CloudForce Marketing reserves the right to terminate the contract in the event of a change of control of the client. The termination of this Agreement shall be without prejudice to any rights which have already accrued to either of the Parties under this Agreement. Should any dispute or difference arise between CloudForce Marketing LTD. and the Client in relation to this Agreement, we will aim to resolve the matter internally as part of our complaints procedure. If no resolution Agreement is reached, the matter may be referred to a single arbitrator to be agreed upon by the Parties or, failing such Agreement, to be appointed by the then President of the Law Society, such arbitrator to have all of the powers conferred upon arbitrators by the laws of England and Wales. The Parties hereby agree that the decision of the Arbitrator shall not be final and binding on both Parties and CloudForce Marketing reserve the right to issue court proceedings in such cases where a dispute is not resolved through arbitration. | To cancel, you must be outside of your minimum Contract term and provide a notice period of 1 complete billing month. If there is a dispute, we will aim to resolve this through our internal complaints procedure. |
Intellectual Property All information or materials supplied to CloudForce Marketing LTD. by the Client in connection with the Contract, together with all associated Intellectual Property Rights, will remain the property of the Client. The Client hereby grants CloudForce Marketing a free license to use all such information and materials for all purposes connected with the provision of the Services. The Client warrants that it has the right to disclose such information and materials and grants CloudForce Marketing this license. The Client also agrees to defend, indemnify and hold CloudForce Marketing harmless from any and all demands, liabilities, losses, costs and claims. This includes legal fees incurred by (or asserted against) CloudForce Marketing LTD. and its third party suppliers, that may arise from or in connection with any allegation of infringement of Intellectual Property Rights of a third party arising due to CloudForce Marketing’s possession or use of such information or materials. We are the sole owners of, or we otherwise have a legal right to use, all Intellectual Property Rights in the Services (including all Intellectual Property Rights in our software, our content and in any other products or materials created by or for us in connection with the Services). You agree that we may collect information about your use of the Services and your customers’ interaction with the Services. Where we combine this information (in a way that ensures that you cannot be identified) with similar information collected from other users of our Services, we will be the sole owner of this information. | Data and content supplied to us belong to you, the Client. However, by signing the Contract, you are allowing us full use of this data and content in relation to our Services. We have the legal right to use Intellectual Property, such as content and software, that we produce as part of our Services. |
Liability Except as expressly provided in this Agreement, CloudForce Marketing shall not be liable, to the maximum extent permitted by applicable law, to the Client or any third party, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the provision of the Services and/or these Terms for:
Here, “anticipated savings” means any expense which either party expects to avoid incurring or to incur in a lesser amount than would otherwise have been the case by reason of the use of the Services and facilities provided by CloudForce Marketing under this Agreement. Nothing in these Terms limits any liability which cannot be legally limited, including (but not limited to) death or personal injury caused by negligence, fraud or fraudulent misrepresentation and breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982. | We cannot be held accountable for any losses outside the agreed costs. This includes costs such as media spend and third party licenses. |
Data Protection The provisions set out in the Schedule shall apply as if set out in full in these Terms.
| Please review the Schedule which contains the data protection provisions. |
Further Provisions
| These are standard provisions that clarify legal elements or our agreement, such as Third Party Rights and Data Protection. |
Service-specific Terms We hold specific Terms for our main Services that outline the requirements and responsibilities of those Services. The Service-specific Terms are agreed to alongside these General Terms. | Make sure you read and understand the specific Terms relating to the relevant Services listed here. |
Pay-Per-Click Terms and Conditions
In the interest of a strong partnership and successful advertising campaigns, we have outlined the responsibilities and requirements of our agreement below. These Service Terms are subject to the terms stated on this page and each individual term applies unless agreed otherwise in your Contract.
Our service: As your digital marketing partner, we will carry out our services with a reasonable standard of care. Our PPC services will consist of:
Please note: Cloud Force Marketing have no control over the algorithms that operate the Search Engines and thus cannot guarantee how your adverts will display, nor can we take responsibility for any detrimental effects from actions made by you or the Search Engines. |
Your responsibilities: In order for us to deliver our services effectively, there are a few specific requirements for you to consider. These requirements are your responsibility and they are essential to making sure that we can deliver our services properly:
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Complaints: Our complaints procedure is designed to quickly resolve any client concerns. Email [email protected] or your Account Manager with your specific complaint and relevant information to back it up. If your complaint is not resolved immediately, it will then be escalated to a senior member of staff. Your relationship with your Account Manager is essential to making our partnership work, so your Account Manager may be subject to change. |
Cancellations: The process for canceling your contract depends on whether you are outside of or within your agreed minimum contract term:
Please note: Although, the advertising account belongs to you, restricting or canceling our access to the account or canceling your Direct Debit payments within the contracted minimum term will be viewed as a request for early cancellation. Therefore, we will request the outstanding payments to be made in full. Once our services have ended, the status of your campaigns and access to your advertising accounts become your sole responsibility. |
These terms are written with a client-centric approach to ensure that both parties are protected in a strong and transparent partnership.
