OxfordSEO.com
Website Terms and Conditions
(1) Introduction
These terms and conditions govern your use of our website; by using
our website, you accept these terms and conditions in full.1 If
you disagree with these terms and conditions or any part of these
terms and conditions, you must not use our website.
(2) Licence to use website
Unless otherwise stated, we or our licensors own the intellectual
property rights in the website and material on the website. Subject
to the licence below, all these intellectual property rights are
reserved.
You may view, download for caching purposes only, and print pages
[or [OTHER CONTENT]]2 from the website for your own personal use,
subject to the restrictions set out below and elsewhere in these
terms and conditions.
You must not:
(a) republish material from this website (including republication
on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
[(d) reproduce, duplicate, copy or otherwise exploit material on
our website for a commercial purpose;]
[(e) edit or otherwise modify any material on the website; or]
[(f) redistribute material from this website [except for content
specifically and expressly made available for redistribution [(such
as our newsletter)].]
[Where content is specifically made available for redistribution,
it may only be redistributed [within your organisation].]3
(3) Acceptable use
You must not use our website in any way that causes, or may cause,
damage to the website or impairment of the availability or accessibility
of the website; or in any way which is unlawful, illegal, fraudulent
or harmful, or in connection with any unlawful, illegal, fraudulent
or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send,
use, publish or distribute any material which consists of (or is
linked to) any spyware, computer virus, Trojan horse, worm, keystroke
logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection
activities (including without limitation scraping, data mining,
data extraction and data harvesting) on or in relation to our website
without our express written consent.
[You must not use our website to transmit or send unsolicited commercial
communications.]
[You must not use our website for any purposes related to marketing
without our express written consent.]
[(4) Restricted access4
[Access to certain areas of our website is restricted.] We reserve
the right to restrict access to [other] areas of our website, or
indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to
access restricted areas of our website or other content or services,
you must ensure that that user ID and password is kept confidential.
[We may disable your user ID and password in our sole discretion
without notice or explanation.]
[(5) User generated content5
In these terms and conditions, “your user content”
means material (including without limitation text, images, audio
material, video material and audio-visual material) that you submit
to our website, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free
licence to use, reproduce, adapt, publish, translate and distribute
your user content in any existing or future media. You also grant
to us the right to sub-license these rights, and the right to bring
an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe
any third party's legal rights, and must not be capable of giving
rise to legal action whether against you or us or a third party
(in each case under any applicable law).
You must not submit any user content to the website that is or
has ever been the subject of any threatened or actual legal proceedings
or other similar complaint.
We reserve the right to edit or remove any material submitted to
our website, or stored on our servers, or hosted or published upon
our website.
[Notwithstanding our rights under these terms and conditions in
relation to user content, we do not undertake to monitor the submission
of such content to, or the publication of such content on, our website.]6
(6) Limited warranties
Whilst we endeavour to ensure that the information on this website
[(excluding user content)] is correct, we do not warrant its completeness
or accuracy; nor do we commit to ensuring that the website remains
available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all
representations, warranties and conditions relating to this website
and the use of this website (including, without limitation, any
warranties implied by law of satisfactory quality, fitness for purpose
and/or the use of reasonable care and skill).
(7) Limitations of liability7
Nothing in these terms and conditions (or elsewhere on our website)
will exclude or limit our liability for fraud, for death or personal
injury caused by our negligence, or for any other liability which
cannot be excluded or limited under applicable law.
Subject to this, our liability to you in relation to the use of
our website or under or in connection with these terms and conditions,
whether in contract, tort (including negligence) or otherwise, will
be limited as follows:
[(a) to the extent that the website and the information and services
on the website are provided free-of-charge, we will not be liable
for any loss or damage of any nature;]
(b) we will not be liable for any consequential, indirect or special
loss or damage;
(c) we will not be liable for any loss of profit, income, revenue,
anticipated savings, contracts, business, goodwill, reputation,
data, or information;
(d) we will not be liable for any loss or damage arising out of
any event or events beyond our reasonable control;
(e) our maximum liability in relation to any event or series of
related events will be limited to [AMOUNT].8
(8) Indemnity
You hereby indemnify us and undertake to keep us indemnified against
any losses, damages, costs, liabilities and expenses (including
without limitation legal expenses and any amounts paid by us to
a third party in settlement of a claim or dispute on the advice
of our legal advisers) incurred or suffered by us arising out of
any breach by you of any provision of these terms and conditions[,
or arising out of any claim that you have breached any provision
of these terms and conditions].9
(9) Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions,
if you breach these terms and conditions in any way, we may take
such action as we deem appropriate to deal with the breach, including
suspending your access to the website, prohibiting you from accessing
the website, blocking computers using your IP address from accessing
the website, contacting your internet service provider to request
that they block your access to the website and/or bringing court
proceedings against you.
(10) Variation10
We may revise these terms and conditions from time-to-time. Revised
terms and conditions will apply to the use of our website from the
date of the publication of the revised terms and conditions on our
website. Please check this page regularly to ensure you are familiar
with the current version.
(11) Assignment
We may transfer, sub-contract or otherwise deal with our rights
and/or obligations under these terms and conditions without notifying
you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your
rights and/or obligations under these terms and conditions.
(12) Severability
If a provision of these terms and conditions is determined by any
court or other competent authority to be unlawful and/or unenforceable,
the other provisions will continue in effect. If any unlawful and/or
unenforceable provision would be lawful or enforceable if part of
it were deleted, that part will be deemed to be deleted, and the
rest of the provision will continue in effect.
(13) Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and
are not intended to benefit any third party or be enforceable by
any third party. The exercise of our and your rights in relation
to these terms and conditions is not subject to the consent of any
third party.11
(14) Entire agreement
These terms and conditions [, together with our privacy policy,]12
constitute the entire agreement between you and us in relation to
your use of our website, and supersede all previous agreements in
respect of your use of this website.
(15) Law and jurisdiction13
These terms and conditions will be governed by and construed in
accordance with English14 law, and any disputes relating to these
terms and conditions will be subject to the [non-]exclusive15 jurisdiction
of the courts of England and Wales.
[(16) Registrations and authorisations16
[We are registered with [TRADE REGISTER]. You can find the online
version of the register at [URL]. Our registration number is [NUMBER].]17
[We are subject to [AUTHORISATION SCHEME], which is supervised
by [SUPERVISORY AUTHORITY].]18
[We are registered with [PROFESSIONAL BODY]. Our professional title
is [TITLE] and it has been granted in the United Kingdom. We are
subject to the [RULES] which can be found at [URL].]19
[We subscribe to the following code[s] of conduct: [CODE(S) OF
CONDUCT]. [These codes/this code] can be consulted electronically
at [URL(S)].20
[Our VAT number is [NUMBER].]21]
(17) Our details22
The full name of our company is [OxfordSEO.com].
[We are registered in [England & Wales] under registration
number [NUMBER].]
Our [registered] address is [27 Park End Street, Oxford, OX1 1HU,
UK].
You can contact us by email to [info@Oxfordseo.comL].
These terms and conditions are based on a precedent
Website Law23
1 The completed website terms and conditions should be easily accessible
on your website, preferably from every page. Ideally, from a legal
perspective, users should be asked to expressly agree to these terms
(e.g. by clicking an “I agree” button). This is rarely
done in relation to general website terms and conditions. If however
users have to register to enter a restricted area of the website
or to use functionality in the website, you should ensure that they
accept the terms and conditions – e.g. by clicking “I
accept” on an electronic version of the terms and conditions.
You should retain evidence of the acceptance of the terms by each
user.
2 The scope of the licence to use will vary with the site. Consider
carefully exactly what your users should be allowed to do with your
website and material on your website.
3 Where you have content which is specifically available for redistribution,
it is usually a good idea to have a more detailed licence setting
out the redistribution rights.
4 This section should be included if your website or parts of your
website have (or will in future have) restricted access –
e.g. a password-protected area for members.
5 This section should be included if your website has a bulletin
board, chat room, comments feature, or similar user generated content
functionality. You will need to think carefully about, first, the
terms of the licence which the user grants to you, and second, the
restrictions you propose to place upon users.
6 This provision is intended to disclaim editorial responsibility
for user content. This should (it is thought) give you a better
chance of gaining the protection of the general defences in Sections
17-19 of the Ecommerce Regulations and the libel-specific defence
in Section 1 of the Defamation Act 1996.
7 This is a very broad exclusion of liability and the courts could
hold elements of it unenforceable.
8 The courts look very closely at liability caps. Amongst other
things, an unreasonable liability cap will not be enforceable.
9 This additional wording is useful, although users may think it
unfair to demand an indemnity where liability has not been proven
– and in many circumstances, for example in relation to consumers,
it will probably not be enforceable.
10 Changes to the notices will not be retrospectively effective.
11 This provision is designed to exclude any rights a third party
may have under the Contracts (Rights of Third Parties) Act 1999.
12 If you collect personal data from users, you should have a privacy
policy as well as terms and conditions. You should also refer here
to (for example) any terms of sale or terms of subscription which
relate to your website.
13 The questions of what law governs a contract, and where disputes
relating to the contract may be litigated, are two distinct questions.
14 These terms and conditions have been drafted to comply with
English law, and the governing law provision should not be changed
without obtaining expert advice from a lawyer qualified in the appropriate
jurisdiction. (NB in some circumstances the courts will apply provisions
of their local law, such as local competition law or consumer protection
law, irrespective of a choice of law clause specifying that a different
law applies.)
15 Choose “non-exclusive” jurisdiction if you may want
to enforce the terms and conditions against users outside England
and Wales. Otherwise, choose “exclusive jurisdiction”.
(NB in some circumstances – particularly where you are contracting
with a consumer - your jurisdiction clause may be overridden by
the courts.)
16 This section can be deleted where The Electronic Commerce (EC
Directive) Regulations 2002 (aka the Ecommerce Regulations) do not
apply. Generally, the Regulations will apply unless a website is
entirely non-commercial - i.e. where a website does offer any goods
or services and does not involve any remuneration (which includes
remuneration for carrying AdSense or other advertising).
17 The Ecommerce Regulations provide that where you are “registered
in a trade or similar register available to the public” you
must provide “details of the register in which the service
provider is entered and his registration number, or equivalent means
of identification in that register”.
18 The Ecommerce Regulations provide that “where the provision
of the service is subject to an authorisation scheme” you
must provide “the particulars of the relevant supervisory
authority”.
19 The Ecommerce Regulations provide that where “the service
provider exercises a regulated profession”, it must provide
“(i) the details of any professional body or similar institution
with which the service provider is registered; (ii) his professional
title and the member State where that title has been granted; (iii)
a reference to the professional rules applicable to the service
provider in the member State of establishment and the means to access
them”.
20 The Ecommerce Regulations provide that “a service provider
shall indicate which relevant codes of conduct he subscribes to
and give information on how those codes can be consulted electronically”.
21 Under the Ecommerce Regulations, where the service provider
undertakes an activity that is subject to value added tax, the relevant
identification number must be disclosed.
22 UK companies must provide their corporate names, their registration
numbers, their place of registration and their registered office
address on their websites.
Sole traders and partnerships who carry on a business in the UK
under a “business name” (i.e. a name which is not the
names of the trader/partners or certain other specified classes
of name) must also make certain website disclosures: (i) in the
case of a sole trader, the individual’s name; (ii) in the
case of a partnership, the name of each member of the partnership;
and (iii) in either case, in relation to each person named, an address
in the UK at which service of any document relating in any way to
the business will be effective.
All websites covered by the Ecommerce Regulations must provide
a geographic address (not a PO Box number) and an email address.
23 Please note that it is a condition of the use of this template
that you either: (i) retain this credit and these links; or (ii)
pay the appropriate licence fee in relation to each website on which
the document is used.
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OxfordSEO.com Website Privacy Policy
We are committed to safeguarding the privacy of our website visitors;
this policy1 sets out how we will treat your personal information.2
(1) What information do we collect?
We may collect, store and use the following kinds of personal data:
[(a) information about your computer and about your visits to and
use of this website (including [your IP address, geographical location,
browser type, referral source, length of visit and number of page
views]);]
[(b) information relating to any transactions carried out between
you and us on or in relation to this website, including information
relating to any purchases you make of our goods or services (including
[DETAILS]);]
[(c) information that you provide to us for the purpose of registering
with us (including [DETAILS]);]
[(d) information that you provide to us for the purpose of subscribing
to our website services, email notifications and/or newsletters
(including [DETAILS]);]
[(e) any other information that you choose to send to us; and]
[(f) OTHER INFORMATION.]3
[(2) Cookies4
A cookie consists of information sent by a web server to a web
browser, and stored by the browser. The information is then sent
back to the server each time the browser requests a page from the
server. This enables the web server to identify and track the web
browser.
We [may] use [both] [“session” cookies] [and “persistent”
cookies] on the website. [We will use the session cookies to: keep
track of you whilst you navigate the website; and [OTHER USES].]
[We will use the persistent cookies to: enable our website to recognise
you when you visit; [OTHER USES].]
[Session cookies will be deleted from your computer when you close
your browser.] [Persistent cookies will remain stored on your computer
until deleted, or until they reach a specified expiry date.]
[We use Google Analytics to analyse the use of this website. Google
Analytics generates statistical and other information about website
use by means of cookies, which are stored on users' computers. The
information generated relating to our website is used to create
reports about the use of the website. Google will store this information.
Google's privacy policy is available at: http://www.google.com/privacypolicy.html.]5
[Our [advertisers/payment services providers] may also send you
cookies.]6
Most browsers allow you to refuse to accept cookies. (For example,
in Internet Explorer you can refuse all cookies by clicking “Tools”,
“Internet Options”, “Privacy”, and selecting
“Block all cookies” using the sliding selector.) This
will, however, have a negative impact upon the usability of many
websites [, including this one].]
(3) Using your personal data
Personal data submitted on this website will be used for the purposes
specified in this privacy policy or in relevant parts of the website.
We may use your personal information to:
[(a) administer the website;]
[(b) improve your browsing experience by personalising the website;]
[(c) enable your use of the services available on the website;]
[(d) send to you goods purchased via the website, and supply to
you services purchased via the website;]
[(e) send statements and invoices to you, and collect payments
from you;]
[(f) send you general (non-marketing) commercial communications;]
[(g) send you email notifications which you have specifically requested;]
[(h) send to you [our newsletter and other] marketing communications
relating to our business [or the businesses of carefully-selected
third parties] which we think may be of interest to you by post
or, where you have specifically agreed to this, by email or similar
technology (you can inform us at any time if you no longer require
marketing communications)7;]
[(i) provide third parties with statistical information about our
users – but this information will not be used to identify
any individual user;]
[(j) deal with enquiries and complaints made by or about you relating
to the website; and]
[(k) OTHER USES.]8
[Where you submit personal information for publication on our website,
we will publish and otherwise use that information in accordance
with the license you grant to us.]9
[We will not without your express consent provide your personal
information to any third parties for the purpose of direct marketing.]10
[All our website financial transactions are handled through our
payment services provider, Paypal. You should only provide your
personal information to Paypal after reviewing the Paypal privacy
policy (available at www.paypal.com). We will share information
with Paypal only to the extent necessary for the purposes of processing
payments you make via our website.]11
(4) Disclosures
We may disclose information about you to [any of our employees,
officers, agents, suppliers or subcontractors] insofar as reasonably
necessary for the purposes as set out in this privacy policy.
In addition, we may disclose information about you:
(a) to the extent that we are required to do so by law;
(b) in connection with any legal proceedings or prospective legal
proceedings;
(c) in order to establish, exercise or defend our legal rights
(including providing information to others for the purposes of fraud
prevention and reducing credit risk); and
[(d) to the purchaser (or prospective purchaser) of any business
or asset which we are (or are contemplating) selling.]
Except as provided in this privacy policy, we will not provide
your information to third parties.
[(5) International data transfers12
Information that we collect may be stored and processed in and
transferred between any of the countries in which we operate in
order to enable us to use the information in accordance with this
privacy policy.
Information which you provide may be transferred to countries [(including
[the United States], [Japan], [OTHER COUNTRIES])] which do not have
data protection laws equivalent to those in force in the European
Economic Areas (EEA).
[In addition, [personal information that you submit for publication
on the website] will be published on the internet and may be available,
via the internet, around the world.]
You expressly agree to such transfers of personal information.
(6) Security of your personal data
We will take reasonable technical and organisational precautions
to prevent the loss, misuse or alteration of your personal information.
[We will store all the personal information you provide on our
secure (password- and firewall- protected) servers. All electronic
transactions you make to or receive from us will be encrypted [using
SSL technology].] 13
Of course, data transmission over the internet is inherently insecure,
and we cannot guarantee the security of data sent over the internet.
[You are responsible for keeping your password and user details
confidential. We will not ask you for your password.]
(7) Policy amendments14
We may update this privacy policy from time-to-time by posting
a new version on our website. You should check this page occasionally
to ensure you are happy with any changes.
[We may also notify you of changes to our privacy policy by email.]
(8) Your rights
You may instruct us to provide you with any personal information
we hold about you. Provision of such information may be subject
to the payment of a fee (currently fixed at £10.00).
You may instruct us not to process your personal data for marketing
purposes by email at any time. (In practice, you will usually either
expressly agree in advance to our use of your personal data for
marketing purposes, or we will provide you with an opportunity to
opt-out of the use of your personal data for marketing purposes.)
(9) Third party websites
The website contains links to other websites. We are not responsible
for the privacy policies or practices of third party websites.
(10) Updating information
Please let us know if the personal information which we hold about
you needs to be corrected or updated.
(11) Contact
If you have any questions about this privacy policy or our treatment
of your personal data, please write to us by email to [info@OxfordSEO.comL]
or by post to 27 Park End Street, Oxford, OX1 1HU
(12) Data controller
The data controller responsible for our website is [OxfordSEO.com].
Our data protection registration number is [NUMBER].15
This privacy policy is based on a precedent
At Website Law16
1 The privacy policy should be clearly and easily accessible to
website visitors from the website home page and any page which collects
personal data (e.g. “The personal information we collect on
this page will be treated in accordance with our privacy policy”).
In addition, key information about the use of personal data should
be provided on the page where the data is collected, rather than
in a separate document.
2 “Personal information”: for day-to-day purposes,
it is best to assume that all information which relates to a living
individual constitutes personal information. We use “personal
data” and “personal information” interchangeably
in this template.
3 You should list in this provision all of the different kinds
of personal information which will be collected over or in relation
to your website. We have suggested a number of common categories.
4 If your site doesn’t use cookies, the paragraphs on cookies
can be deleted.
5 If you don’t use Google Analytics, you should check whether
your analytics system uses cookies and include an appropriate explanatory
paragraph if it does.
6 If so, you should provide details.
7 As a general rule, where you plan to use personal information
you have collected for the purpose of direct marketing, this should
be made clear on the page where the information is collected, and
you should ensure that this only happens if users opt-in to the
marketing (e.g. “Click here if you would like us to send you
information by email about products which we think will interest
you...”). There are however exceptions to this general rule.
There are also rules about the content of direct marketing communications.
If you are in any doubt about complying with your legal obligations
in relation to direct marketing, you should seek professional advice.
8 You must list here all the uses to which you will (or may in
future) put personal data. Again, we have suggested some common
categories.
9 The relevant licence should be set out in the appropriate disclaimer/terms
of use/terms of subscription etc. document.
10 It is good practice to also say what you will not do with personal
information (within reason).
11 You should insert details of any payment services provider(s)
you use here. If you don't collect payments on your website, you
can delete this section.
12 Give as much detail as possible about any such international
transfers. You also need to be aware that the inclusion of this
provision will not be sufficient to ensure that all international
transfers of personal data are lawful. If in doubt, you should take
professional advice on this point.
13 There is an obligation upon data controllers to store personal
data securely. You should provide details of your security measures
here.
14 Changes to the policy – in particular as to permissible
uses of personal data – may not be retrospective. In other
words, if you collect personal information on one basis, you cannot,
simply by changing the terms of your policy, go on to legitimately
use that information on a different basis.
15 You should check whether you need to obtain a data protection
registration. You can find out about this on the Information Commissioner's
website at http://www.ico.gov.uk.
16 Please note that it is a condition of the use of this template
that you either: (i) retain this credit and these links; or (ii)
pay the appropriate licence fee in relation to each website on which
the document is used.
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