Terms and Conditions

The following clauses constitute the terms of any contract subject to which clients (“Client”) enter into a contract with Hot Click Marketing Ltd for the purpose of Google Adwords Campaign set up, management, SEO services, Landing Pages and intellectual property ownership in relation to work carried out by Hot Click Marketing Ltd.

Length of contract, fees, intellectual property rights and ownership of data collection

1.1 Our contracts run on a rolling monthly basis with a 1 month notice period.

1.2 Client agrees to pay an initial set up fee (where applicable) in order to set up your campaign and to then pay an agreed monthly management fee for Hot Click Marketing Ltd to manage Google Adwords campaigns for a minimum period of 30 Days. This set up & management fee will be dependent upon the complexity of your campaign and agreed in advance at the proposal stage when our pricing structure will be clear and transparent. Hot Click Marketing Ltd does not receive any commissions from Google or any other search engine and does not add a mark up to any prices charged to our clients from a search engine.

1.3 Payment for set up fees (where applicable) will be in advance of the campaign being activated and after Client has agreed to their proposal and account set up structure. Client monthly management fee will be due 30 days after initial payment in advance of each month.

1.4 All work carried out by Hot Click Marketing Ltd on any Google Adwords, Yahoo, Bing, Facebook, Twitter or Linked in accounts and campaigns will remain the intellectual property of Hot Click Marketing Ltd during the lifetime of the contract and will remain the intellectual property of Hot Click Marketing Ltd following termination of the contract.

1.5 All Landing Pages created by Hot Click Marketing Ltd will remain the intellectual property of Hot Click Marketing Ltd during the lifetime of the contract and will remain the intellectual property of Hot Click Marketing Ltd following termination of the contract.

1.6 Client agrees that when Hot Click Marketing Ltd operates a landing page for the purpose of lead generation on behalf of Client which is separate from the Client’s main company website, irrespective of ownership of the domain name or URL that points to it, all data collected will be available to Hot Click Marketing Ltd to use for any purpose.

1.7 Client agrees that with respect to clause 1.4 all intellectual property owned by Hot Click Marketing Ltd will be removed following termination of the contract and your Adwords account will revert back to the original layout prior to Hot Click Marketing Ltd carrying out any work.

1.8 Client agrees that failure to comply with clause 1.3 will result in payments to Hot Click Marketing Ltd for every month that intellectual property of Hot Click Marketing Ltd remains live within the Google Adwords account owned by Client.

1.9 Payments to Hot Click Marketing Ltd will be made in advance at the monthly invoice amount as agreed with by the Client.

Google Account Details

2.1 Whether Hot Click Marketing Ltd creates a new Google Adwords account or have dual access to Client current Google Adwords account, it is agreed that neither party can change the login details throughout the duration of the contract unless agreed in writing by both parties.

2.2 Throughout the duration of the contract Client agrees that any tools, coding, new keywords and any knowledge gained cannot be used in any other Google Adwords Account the Client may have, or Client creates during or after the Term of the contract.

2.3 Hot Click Marketing Ltd agrees that during the contract and after termination of the contract, all the financial details supplied to us by the Client for the purpose of our services will be kept confidential and your account will be returned to how it was before Hot Click Marketing Ltd carried out any work. Therefore Client agrees that Hot Click Marketing Ltd will remove all of our intellectual property from within your Adwords account upon termination of the contract. This includes all keywords, adgroups, ads and campaigns that Hot Click Marketing Ltd created within your account.

2.4 Client agrees to not grant access to your Adwords account to another Adwords management company during the lifetime of the contract.

Termination of the contract

3.1 Notice of cancellation of the contract shall be deemed valid and accepted by Hot Click Marketing Ltd if received by Pone, facsimile, e-mail or post after the initial 30 Day period. Cancellation will be accepted on date of actual receipt by Hot Click Marketing Ltd and will take effect at the end of the billing period.

 

Changes to these terms and conditions

4.1 Hot Click Marketing Ltd may, in its discretion, change these terms of use without notification, by posting new Terms and Conditions on this website.

4.2 Payment of Hot Click Marketing Ltd invoices at any time constitutes an acceptance of Hot Click Marketing Ltd’s Terms and Conditions.

Governing law

5.1 These terms and conditions shall be governed by and construed in all respects in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts as regards any claim or matter arising in relation to these terms and conditions.

 

Hot Click Marketing Ltd:

Registered in England & Wales: Company No. 09464898 

 

Contact Details

If you have any comments or concerns regarding our privacy policy please contact us at Hot Click Marketing Ltd, Manchester Business Park, 3000 Aviator Way, Manchester, M22 5TG or email at info@hotclickmarketing.co.uk

Website Terms of Use

By Using Our Website, You Accept These Terms of Use.

Please read these Terms of Use carefully and ensure that you understand them before using Our Site. These Terms of Use, together with any other documents referred to herein (unless otherwise stated), set out the terms of use governing your use of this website (“Our Site”).

These Terms of Use were last updated on 1st March 2023.

Your agreement to comply with these Terms of Use is indicated by your use of Our Site. If you do not agree to these Terms of Use, you must stop using Our Site immediately.

The following documents may also apply to your use of Our Site:

  • Our Privacy & Data Policy is available at the footer of our Homepage.
  • Our Cookie Policy is available at the footer of our Homepage.
  • Our Acceptable Use Policy is located within these Terms.
  • If you purchase goods or services from Us, our separate Terms of Sale (Terms of Business), will apply to the sale. These terms are also referred to below in Parts 14 and 15.
  1. Definitions and Interpretation
    • In these Website Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account”

means any account required to access certain features or purchase services via Our Site;

“Content”

means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“User”

means a user or viewer of Our Site;

“User Content”

means any content, contact or reviews or submissions, made by Users on Our Site; and

“We/Us/Our”

Means Our Business and Our Website.

  1. Information About Us
    • This Site is operated by Hot Click Marketing Ltd.
  2. Our Website Platform is owned and operated by Hot Click Marketing Ltd. Our Company Registered Office address and contact details are at Manchester Business Park, 3000 Aviator Way, Manchester, M22 5TG United Kingdom. Our Principal place of business is via our Website and office located above.
  3. How to Contact Us
    • To contact Us by email, please use our website online contact form.
    • When contacting Us by any other means, Our Acceptable Use Policy below, applies. You must not communicate, submit, or otherwise do anything that:
      1. is sexually explicit; in any way sexualises minors (including, but not limited to, child sexual abuse material); is blasphemous, obscene, deliberately offensive, hateful, or otherwise inflammatory; promotes violence; promotes, encourages, incites, or supports acts of terrorism; promotes or assists in any form of unlawful activity; is defamatory of another person; bullies, insults, intimidates, or humiliates another person;
      2. discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; nationality; gender; gender identity; sexual orientation; religious or philosophical beliefs; disability; or age;
      3. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; is calculated or otherwise likely to deceive; is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal information in a way that you do not have a right to;
      4. offer for sale or purchase any materials or project work which in our absolute judgement contravenes the above 4.2a – 4.2c. No work or materials may be offered if it breaches our Prohibited Services List/ Policy. Any such breach of these rules may lead to a suspension or deletion of the materials in question, or your account with us.
      5. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
      6. implies any form of affiliation with Us or any other party where there is none; infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, designs, patents, trademarks, and database rights) belonging to Us or any other party;
      7. is in breach of any legal duty owed to another party including, but not limited to, contractual duties and duties of confidence.
    • We may monitor any and all communications made using Our Site.
    • Any personal information sent to Us (including, but not limited to your name and contact details) will be collected, used/ held in accordance with your rights and Our obligations under data protection law, set out in Our Privacy Policy.
  4. Access to Our Site
    • Access to Our Site is free of charge.
    • It is your responsibility to make the arrangements necessary in order to access Our Site.
    • Access to Our Site is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted.
  5. Changes to Our Site

We may alter and update Our Site (or any part of it) at any time. If We make any significant alterations to Our Site (or any part of it), We will try to give you reasonable notice of the alterations.

  1. Changes to these Terms of Use
    • We may alter these Terms of Use at any time. If We do so, details of the changes will be highlighted at the top of this page. Any changes made to these Terms of Use will apply to your use of Our Site the first time you use it after the changes have been implemented.
    • If any part of the current version of these Terms of Use conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
  2. Accounts
    • Certain features on Our Site, including the ability to purchase services from Us, may require an Account.
    • Only Users aged 18 or over may create any required Account. If you are under the age of 18 and wish to use the features on Our Site that require an Account, your parent or guardian must create the Account for you and you may only use the Account with their supervision.
    • When creating an Account, the information you provide must be accurate and complete. If any of your information changes, it is your responsibility to ensure that your Account is kept up to date.
    • It is your responsibility to keep any Account details safe. You must not use another person’s Account without their permission.
    • All personal information provided by you in your Account will be collected, used, and held in accordance with your rights and Our obligations under data protection law, as set out in Our Privacy Policy.
    • If you wish to delete your Account, you may do so at any time. If you delete your Account, you will no longer have access to the features on Our Site requiring an Account. Deleting your Account will result in the removal of your information from Our Site. For further details about the retention and deletion of personal data, please refer to Our Privacy Policy.
    • We may disable your Account or access to Our Site if, in Our reasonable opinion, you have breached these Terms of Use (including, but not limited to, Our Acceptable Use Policy).
  3. International Users

Our Site is primarily intended for users in the United Kingdom. We do not warrant or represent that Our Site or its Content are available in other locations or are suitable for use in other locations.

  1. How You May Use Our Site and Content (Intellectual Property)
    • With the exception of User Content (please refer to Part 10), all Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
    • Users retain the ownership of the copyright and all other intellectual property rights in their User Content (with the exception of any part of any User Content which is owned by a third party, in which case, Users must obtain express permission for such material to be used in the User Content). For information on the use of User Content, please refer to Part 10.
    • You may access, view, and use Our Site in a web browser (including any web browsing capability) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).
    • You may print one copy and download extracts of any page(s) from Our Site for personal use only.
    • You may not otherwise modify the printed copies, downloaded extracts, or downloaded or saved Content in any way. Images, video, audio, or any other Content downloaded from Our Site must not be used separately from accompanying text.
    • You may not use any Content (including User Content) from Our Site for commercial purposes without first obtaining a licence from Us, Our licensors, or the relevant User, as applicable. This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.
    • Our status as the owner and author of the Content on Our Site (or that of identified licensors or Users, as applicable) must always be acknowledged.
    • Nothing in these Terms of Use limits or excludes the provisions of Chapter III of the Copyright, Designs and Patents Act 1988, ‘Acts Permitted in Relation to Copyright Works’, which provides exceptions allowing certain uses of copyright material including (but not limited to) non-commercial research and private study; text and data mining for non-commercial research, review, and reporting current events; teaching or accessibility. Further information is available from the UK Intellectual Property Office.
  2. User Content
    • Any User Content must comply with the content standards set out in Our Acceptable Use Policy.
    • You warrant that you will comply with 10.1 and the content standards referred to. You will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of your warranty. You will be responsible for any loss or damage suffered by Us as a result of such a breach.
    • We are not responsible for any loss of User Content submitted to Our Site. It is your sole responsibility to secure and backup your User Content.
    • All User Content is considered non-confidential and non-proprietary.
    • We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Use Policy.
    • We have the right to disclose your identity to a third party if that third party claims that any User Content submitted by you infringes their intellectual property rights (including, but not limited to, copyright) or their right to privacy.
    • User Content is not approved or verified by Us before it is displayed on Our Site. The opinions, views, and values expressed in User Content on Our Site are those of the relevant Users and do not represent Our opinions, views, or values.
    • If you wish to make a complaint about any User Content, please contact Us using the details provided above in Part 3.
    • If you wish to remove User Content, you may do so by contacting us.
    • User Content on Our Site and the copyright and other intellectual property rights in that User Content, unless specifically labelled otherwise, belongs to or has been licensed by the User identified along with that User Content. All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
    • You (or your licensors, as appropriate) retain the ownership of your User Content and all associated intellectual property rights. When you submit User Content to Our Site, you grant Us an unconditional, non-exclusive, fully transferrable, royalty free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence your User Content to the extent necessary to operate and promote Our Site.
  3. Links to Our Site
    • You may only link to the homepage of Our Site. Linking to other pages on Our Site requires Our express written permission.
    • Links to Our Site must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation.
    • You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).
    • Your link should not use any logos or trademarks displayed on Our Site without Our express written permission.
    • You must not frame or embed Our Site on another website without Our express written permission.
    • You may not link to Our Site from another website the main content of which does not comply with the content standards set out in Our Acceptable Use Policy.
  4. Links to Other Sites
    • Any Links to other websites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.
    • The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.
  5. Disclaimers
    • Nothing on Our Site constitutes professional advice on which you should rely. It is provided for general information purposes only. If you are unsure, professional or specialist advice should always be obtained before taking any action relating to purchasing goods or services from Us.
    • We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up to date, but to the extent permitted by law, We make no warranties, representations, or guarantees (express or implied) that this will always be the case. Please note that this does not apply to information concerning goods or services for purchase through Our Site. Please refer to Our separate Terms of Sale for more information.
    • This site and our activities are intended for business users. If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.

 

  1. Our Liability
    • The provisions of this Part 14 apply only to the use of Our Site and not to the sale of goods or services. Such is governed by Our Terms of Sale.
    • Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
    • If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
    • If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    • Our Site is intended for non-commercial use only. If you are a Consumer or User, you agree that you will not use Our Site for any commercial or business purposes and that We shall have no liability to you for any business losses as set out above.
  2. Viruses, Malware, and Security
    • We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.
    • You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
    • You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
    • You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
    • You must not attack Our Site by means of a denial-of-service attack, a distributed denial of service attack, or by any other means.
    • By breaching the provisions of Parts 15.3 to 15.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
  3. Acceptable Use of Our Site
    • In addition to these Terms of Use, Our Acceptable Use Policy, You may only use Our Site in a lawful manner:
      1. You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
      2. You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and
      3. You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.
    • If you fail to comply with the provisions of this Part 16 and/or Our Acceptable Use Policy, you will be in breach of these Terms of Use. We may take one or more of the following actions in response:
      1. Suspend or terminate your right to use Our Site;
      2. Issue you with a written warning;
      3. Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
      4. Take further legal action against you, as appropriate;
      5. Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
      6. Any other actions which We deem reasonably appropriate and lawful.
    • We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 16.2) in response to your breach.
  4. How We Use Your Personal Information

We will only use your personal information as set out in Our Privacy Policy. Please refer to it for further information.

  1. Communications from Us
    • If We have your contact details, We may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to Our Site or to these Terms of Use, or to your purchases.
    • We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. If you opt out of emails from Us, it may take up to 7 days for your request to take effect and you may continue to receive emails during that time.
    • For questions or complaints about communications from Us, please contact Us using the details above in Part 3.
  2. What Happens if We Transfer this Agreement to Another Party

We may transfer (assign) Our obligations and rights under these Terms of Use to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will inform you in writing. Your rights under these Terms of Use will not be affected and Our obligations under these Terms of Use will be transferred to the third party who will remain bound by them.

  1. Law and Jurisdiction
    • These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English Law.
    • If you are a Consumer, nothing in Part 20.1 takes away from or reduces your legal rights as a Consumer.
    • If you are a Consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Use or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
    • If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Use or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England.