Click Source – Updated Terms & Conditions – 2022
Click Source will formally call and confirm the details supplied at sign-up time. Click Source cannot deliver the product in full until this information is confirmed with the account holder or elected representative (this is to ensure there are no mistakes in your published information).
The nominated bank account will be charged the setup fee at the point of sale to the value agreed at the point of sale.
The nominated bank account will be charged monthly to the agreed-upon value at the point of sale. Monthly charges start from the following month, not from when the listing appears on the front page (most of the hard work is put in when the listing isn’t visible to optimize your listing to start appearing on the front page).
The process of setting up often requires a postcard being sent from Google. This can take up to 4 weeks. Click Source takes no responsibility for postal issues that may cause a delay. Other work and back-end work will be taking place whilst we wait for the arrival of the verification pin.
The postcard from Google will contain a pin number that must be supplied to Click Source for the services to be supplied in full. Click Source takes no responsibility for the delay. If the pin is not supplied either by phone or email. Click Source will make every attempt to receive the pin. If not received, Click Source will re-order to start the process again.
Due to the changing nature of the internet and Google’s search algorithms, practices, policies, and functionality, I understand Click Source cannot guarantee the time it will take to deliver results.
For the Top 3 Add-On packs, if we do not achieve the top 3 of Google Places with at least 1 keyword in your local town within 90 days, you are entitled to a refund of the top 3 add-on costs per month.
I understand that my Google Places rank will frequently change as they are controlled by Google. I will contact the Click Source customer service team for queries or concerns.
I understand with Google listings involving “surrounding areas”, Click Source cannot predict the frequency of rank on keywords in surrounding areas as this is solely controlled by Google.
Click Source will assist in every way possible, but you cannot control the content of any reviews posted about your business on Google Places.
I understand that Click Source is not owned or affiliated in any way with Google. Click Source specializes in setting up and optimizing Google Places listings.
I understand this is a monthly rolling contract that can be opted out of by giving 30 days’ notice through phone or email. We understand our cancellation notice isn’t recognized until we have received a confirmation email from Customer Service.
I understand refunds will not be issued for a drop in ranking outside of the 90-day period as Google updates and changes might affect rankings; however, I understand Click Source will be re-optimizing my listing and working on it continually to achieve rankings in this case.
I understand that during and after the set-up process, Google sometimes requires businesses’ to be re-verified. This may affect timelines set for rankings and current rankings.
I understand that any failure or defaulted payments within my duration with Click Source forfeits all rights to refunds and timeline guarantees, as this will affect the normal process of work completed by the technical team.
I understand that re-verification will occur from time to time at the request of Google. This can affect ranking, but I understand that Click Source will do everything possible to resolve and rectify ranking effects as soon as possible. This may also affect the 90-day money-back guarantee if it occurs during that period; for any concerns, I will raise this with my account manager.
Set-up Fees are NON-refundable.
Deposits to secure positions are NON-refundable unless it was an error from the company “Click Source”.
Click Source shall provide the Services in accordance with your Order Now Form and this Agreement, and any time frames set out therein shall be estimates only, and time for performance shall not be of the essence. In order to provide the Services, you grant us the sole and exclusive right to manage and operate your Google account, username, password and pin code (whether this account was set up prior to this Agreement or otherwise), and you shall provide us with such account, username, password and pin code details. We shall not be able to commence the provision of Service until you have provided us with your Google account, login, password and pin code. In order to properly provide the Services, Click Source may, in its reasonable discretion, refuse any request by you for the details of your Google account, username, password and pin code.
You acknowledge that the ability of Click Source to provide the Services is dependent upon your full and timely cooperation (which you agree to provide), and any other information and data provided by you or on your behalf. Click Source shall not be liable for any delays resulting from your failure to fulfil any of your obligations or from an act or omission of a third party. You shall provide Click Source with access to and use all information, data and documentation reasonably required by it to perform its obligations. You acknowledge that Click Source may amend, add or delete information or materials on your Site, Google Places or Google Plus page from time to time in order to maximize the ability of Click Source to provide the Services. Reviews, other directories and online mentions are at Click Source’s discretion in order to achieve the desired increase in ranking.
The Charges payable for each Service, whether recurring or not, are set out in your Reserve Now Form. Click Source shall issue invoices to you in respect of the Charges and frequency set out in your Order Now Form. The Charges shall be payable in Great British Pound at the time of completing an Order Now Form and must be made by one of the methods outlined in the Order Now or invoices. All deposits or advanced payments are non-refundable. You remain committed to paying us for all Charges for Services for their full invoicing period, irrespective of whether:
This Agreement has been suspended or terminated during such invoicing period, or Such Services have been changed or cancelled during the such invoicing period.
Click Source may set off any amounts due and payable under this Agreement (or otherwise) against amounts that may be payable by Click Source to you. Click Source reserves the right to charge interest on overdue amounts at an average annual base rate ruling on the due date. Click Source may, by notice, suspend work and your use of and access to Services until outstanding invoice(s) are paid in full. Charges shall continue to accrue during such period of suspension. Time for payment shall be of the essence. Invoices may only be disputed by you by providing Click Source written details of the dispute within fourteen (14) days of the invoice date, failing which the invoice shall be deemed to have been accepted by you. You shall remain liable to make payment of any undisputed portions of an invoice.
You are able to cancel any ongoing monthly commitments with 30 days’ notice via phone or email. Click Source may change this Agreement or the Services by giving written notice (whether by email, fax or post to a designated email address, fax number or postal address, notified by you as part of your registration process) or by posting an updated Terms & Conditions on our Site and your continued use of the Services after the date of such change will constitute your acceptance of such update.
Each of the parties warrants to the other that it has full power and authority to enter into and perform this Agreement. The Services come with guarantees that cannot be excluded under UK business Law. Whilst Click Source shall perform the Services with reasonable care and skill, it is unable to guarantee improved rankings in the major search engines as it does not control the algorithms of the search engines, nor is it able to guarantee the time it will take to achieve certain results. You acknowledge that Click Source makes no warranty that the Services will generate any increase in sales, business activity, profits, clicks to your Site, exposure of your business or your keywords (including, but not limited to, the position your Site is placed on a search result page or the frequency and time of day that your Site is displayed), or any other form of improvement for your business or Site, or any other purpose.
You acknowledge that there is no guarantee that: You further acknowledge that changes in the Internet, search engine algorithms, practices, policies and functionality and new website competition may influence a keyword search engine ranking as time passes. Additionally, new sites and potentially competitor websites are being optimised and submitted every day to achieve good search engine ranking. Rankings and placement may also be affected by your changing of keywords. Click Source cannot control, and it shall not be responsible for, in any manner whatsoever, any reviews, ratings, commentary or materials published about your or your business, whether via Google Places or any third-party websites or references. Click Source does not warrant that Services will be uninterrupted, error-free or virus-free or that the Services will meet your requirements (such as search engine optimisation, performance or reliability). Any time frames are provided as guides or estimates only. Click Source cannot ensure that work carried out will not result in Google or any other search engine suspensions or penalizations to listings. This Agreement sets out the full extent of Click Source’s obligations and liabilities in respect of the supply of Services.
Not with standing anything else contained herein, you are solely responsible for the contents of your Site, and Click Source shall not be held liable or accountable for the contents of your Site (including without limitation in connection with infringement of intellectual property rights of any other party). Click Source urges you to maintain backup versions of your Site’s content to guard against losses of any kind. To the extent permitted by law, Click Source, its directors, partners and employees hereby expressly exclude:
any liability for loss of income or revenue; loss or interruption of business; loss of uptime; loss of profits; loss of or damage to software; loss of anticipated savings; loss of data; loss of goodwill; loss of traffic; or any liability for any direct, indirect or consequential loss or damage incurred by you or any end-user in connection with Services, or use of Services; and any other loss or damage of any kind (including for any injury to any person), however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect the liability of Click Source, which cannot be excluded or limited by law. Without limiting the foregoing, parties acknowledge that laws in certain jurisdictions may imply warranties and conditions which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the extent permitted by law. Click Source’s liability is limited to any one or more of the following (in its sole discretion):
in the case of any goods (failing to be of acceptable quality and the failure does not amount to a major failure), replacement or repair of goods, or supply of equivalent goods, or payment of the cost of repairing or replacing goods or supplying equivalent goods; in case of services (failing to be of acceptable quality and the failure does not amount to a major failure), supply of services again or payment of the cost of having services supplied again.
Without limiting the foregoing and to the extent allowable at law, you agree that Click Source’s maximum aggregate liability (including any liability for the acts or omissions of its employees, agents, contractors and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall in no circumstances exceed the number of fees paid or payable to Click Source under this Agreement for the Service that is the subject of the breach, only from the time that the breach has occurred. You shall indemnify Click Source, its directors, partners and representatives from all actions, claims, damages, liabilities or costs (including legal costs) arising from or directly or indirectly related to the use of Services by you or anyone else or otherwise arising as a result of this Agreement. Click Source can not be held responsible or liable for any suspensions or penalizations to listings. The work carried out is under your instruction and at your own risk.
Click Source retains intellectual property rights in all programming modules, code, computer programmes, material, tools, data, know-how, and anything else generated in the course of providing (directly or indirectly) Services; and all intellectual property rights existing prior to the commencement of such Services (“Click Source IP) Click Source licenses to you the right to access Click Source IP on a non-exclusive basis to such extent as is necessary to enable you to make reasonable use of the relevant Services for the duration of this Agreement. You acknowledge that Services may include individual third-party software or third-party intellectual property rights (“Third Party IP)and the license in a clause. Your rights to use Services are without prejudice to Third Party IP. Any rights to access Third Party IP shall be limited to the extent of Click Source’s right to access the same and its ability to pass on such rights to you. In relation to any data, content, information or material provided by you to us, you warrant that same will not infringe the rights of any third party nor contravene any law or industry code.8.6 Save as required by law, you shall not disclose any confidential information relating to Click Source or its affiliates obtained during or arising out of this Agreement to anyone (except your employees on an as-need basis).
This Agreement commences on the date Click Source commences providing the Service or such other date agreed by us in writing (“Commencement Date”) and terminates on the date we complete the Services or as otherwise set out in your Order Now Form, unless the parties agree in writing to extend the term of this Agreement. Notwithstanding the foregoing, where the Services relate to support services, the duration of support services shall commence on the date of verification by Click Source (that is, verification via Google Places Listing). Click Source may terminate or suspend this Agreement (without any liability):
At any time by giving you at least 14 days’ notice; immediately on giving notice to you, if you breach, including failure to pay the Charges; or you become insolvent within the meaning of the Corporations Act, are otherwise unable to pay your debts when due or you cease to carry on business.
Should Click Source elect to reinstate such suspended Service, you shall be responsible for Click Source’s standard reactivation charge. Termination of this Agreement shall not affect the continuation of the Services Terms & Conditions or any other individual Terms & Conditions relevant to other Services, then in force, which shall remain operational in all other respects. On termination or expiration of this Agreement:
Click Source shall invoice you for all amounts then due but unbilled; any amounts or deposits already paid by you shall not be refunded in any circumstances; and you shall set up an alternative Google account in order for us to transfer your GooglePlaces account to and where such transfer is not possible, you must promptly set up a new Google Places account (at which time we will thereby delete and remove your listing from our account).
You shall not, during the duration of this Agreement, and for a period of one (1) year thereafter, hire, engage, solicit, employ or contract the services of any of the employees or contractors of Click Source or others involved in the provision of Services.
All notices given by Click Source may be given by email to the address notified by you to Click Source in your Order Now Form. It is your obligation to keep that email address current and correct. You agree that the record of Click Source having sent a notice to you by email is, of itself, conclusive proof of receipt. Notices given by you must be emailed to firstname.lastname@example.org
This Agreement, and documents referred to herein, contains the entire understanding between parties as to its subject matter and supersedes and excludes all prior and other discussions, specifications, representations and arrangements relating to Services, including, but not limited to, those relating to performance or results that ought to be expected from the Services.
We urge you to keep up-to-date with these policies and guidelines and check them frequently to ensure you are aware of any changes. You acknowledge that Click Source has no connection, affiliation, sponsorship or endorsement with Google, and nothing shall be construed in this manner at any time.
This Agreement and any dispute or claim arising out of or in connection with the same shall be governed by and construed in accordance with the laws of London, England, and parties submit to the exclusive jurisdiction of that Country.