These Terms will apply to any contract between us for the provision of Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Services from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Services from our site.
These Terms were most recently updated on 1 March 2016
These Terms, and any Contract between us, are only in the English language.
Information about us: www.bluejayseo.com is operated by Digital Tomorrow Today Limited, a company registered in England and Wales under company number 04453239 and with our registered office at 16 The Havens, Ransomes Europark, Ipswich, Suffolk IP3 9SJ. Our main trading address is Unit 1, Brightwell Barns, Ipswich Road, Brightwell, Ipswich, Suffolk IP10 0BJ. Our VAT number is 104 7214 53.
Contacting us: You may contact us in writing at the trading address above, by contacting our customer service team on 020 8133 7434 or by e-mailing us at firstname.lastname@example.org.
Use of our site: We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
Content of our site: Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
Third party links: We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Age restrictions: If you are a consumer, you may only purchase Package Reports or Services from our site if you are at least 18 years old. This website is not directed at children under 13 years of age and we do not knowingly collect or solicit personally identifiable information from children under 13 or knowingly allow such persons to create accounts.
Authority to bind business: If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to order our Services. You also acknowledge that the cancellation rights set out in clauses 16 to 19 (inclusive) do not apply to customers who are not consumers.
Exclusion of other terms: These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter.
Placing orders for Services: Our site will guide you through the steps you need to take to place an order for Services, which will include reviewing and selecting appropriate websites on which BlueJaySEO reports (Reports)will be prepared. Our order process allows you to check and review the websites selected before submitting your order to us. Please take the time to check these websites before submitting your order to confirm that they are the correct websites as we will have no responsibility if you select an incorrect website.
Package Reports: As well as the ability to purchase a single Report, our site offers the facility to purchase “Package Reports” which can be used to purchase multiple Reports at a discounted rate. Details of Package Report options are set out on the site and use of these Package Reports are governed as set out in these Terms.
Formation of Contract between us: Your placing an order for the provision of Services is an offer by you to enter into a contract with us for the provision of those Services on these Terms. We may accept that offer at any time after your order is placed by sending you an email (or other acknowledgement) confirming that your order has been accepted or by commencing the provision of the Services, at which point the Contract between us for the provision of the Services will come into force.
Changes to these Terms: We may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated. Every time you order Services from us, the Terms in force at the time of your order will apply to the Contract between you and us.
Consumer Cancellation Rights – Reports: If you are a “consumer” as defined under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the Regulations), you have a legal right to cancel a Contract for the provision of one or more Report(s) during the period ending on the earlier of (i) 14 days from the date on which the Contract for the provision of the Report was entered into and (ii) in respect of each Report, the date on which you download the Report. If you exercise this right to cancel then the payment for the Report will be refunded to your account (subject to any deduction under clause 19) in accordance with clause 20.
Consumer Cancellation Rights – Package Reports: If you are a “consumer” as defined under the Regulations, you have a legal right to cancel a Contract for the provision of Package Reports during the period ending on the earlier of (i) 14 days from the date on which the Package Reports were allocated to your account by us and (ii) the date on which all of the Package Reports have been used by you to enter into Contract(s) for the provision of one or more Report(s). If you exercise this right to cancel then the amount paid for the Package Reports (subject to any deduction under clause 19) will be refunded in accordance with clause 20.
Consumer Cancellation Rights – Notification: To cancel a Contract for the provision of Package Reports or a Contract for the provision of a Report, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. If you exercise this right to cancel then the payment for the Service will be refunded (subject to any deduction under clause 19) in accordance with clause 20.
Consumer consent to provision of services during cancellation period: If you are a “consumer” (as defined under the Regulations) then you acknowledge and agree that by placing an order for Package Reports or for the provision of a Report you consent to us commencing the provision of our Services in respect of the allocation of the Package Reports or the production of the Report immediately and that if you later cancel the provision of these Services under the regulations you will be liable for the cost of all services provided by us in respect of the Services up to the date of cancellation. In relation to the provision of Reports, you acknowledge that the full cost of these Services will have been incurred once we begin processing the Report and that accordingly the cost of those Services shall be deemed to be the full amount of payment by you for the provision of the Report. In relation to an order for Package Reports, if you cancel an order for Package Reports and any of those Package Reports have been used to purchase Reports at a discounted rate, the full cost of those Reports as if they had been paid for individually and without the discount will be deducted from any amount to be refunded, up to the maximum value of the Package Reports.
Refund procedure: If you have paid for a Service using Package Reports, the Package Reports will be refunded to your account. In any other case, the amount will be refunded to your payment card by our third party payment processor, Stripe, which may take 10 to 14 days.
Delivery of Reports: We will confirm the estimated delivery time for each Report which is to be provided as part of the Services prior to the placing of your order. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 38 for our responsibilities when this happens.
Intellectual Property Rights in our site: We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Provision of Services outside the United Kingdom: If you order Package Reports or Reports from a jurisdiction other than England and Wales then you must comply with all applicable laws and regulations of your local jurisdiction which may relate to the provision of Package Reports and/or Reports. We will not be liable or responsible if you break any such law.
Pricing of Services: The prices of the Services will be as quoted on our site at the time you submit your order. Prices may be calculated based on the number of pages on the website you submit. Where prices for a service are quoted in multiple currencies, the prices may not be exactly equivalent.
Alteration of prices: The price of Package Reports and Services and the scope of our Services may change from time to time. These changes will not affect any order you have already placed for a Report or the cost of any Package Reports which you have already purchased.
Value Added Tax: The price of the Services excludes VAT or other sales tax (where applicable). For UK customers, VAT will be charged at the applicable current rate chargeable in the UK for the time being at the time the Contract is formed and for customers outside the UK any applicable sales tax will be charged at the applicable current rate. We will rely on the information provided by you about your country of residence or incorporation and your status as a business or consumer when calculating the applicable VAT and will not be liable for any inaccuracy in the information provided by you.
How to pay: Payments for Package Reports and Services are processed by our third party payment processor, Stripe (https://stripe.com/gb) and may only be made using payment sources accepted by them. You may be required to accept additional terms of service imposed by them when payments are made. You are responsible for all exchange rate costs and associated risks. We may in certain circumstances accept alternative payment methods such as Paypal, but shall not be obliged to do so.
Timing of payment: Payment for Package Reports and Services must be made in advance. Package Reports have no cash value and are not refundable or cancellable except as set out in clauses 16 to 19 (inclusive) and are not transferable. Package Reports will only be allocated toward the provision of Services when the Contract between us is formed as set out in clause 12. Package Reports will expire 100 days after they have been purchased. On the expiry of Package Reports, the value of any unused Package Reports will not be refunded.
Limited warranty: Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services or the Reports. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Reports are suitable for your purposes.
Limitation of liability: We only supply the Services for internal use by you or your business, and you agree not to use the Services or Reports for any resale purposes. Nothing in these Terms limited or excludes our liability for (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) breach of any representation, condition or warranty implied into these Terms and which cannot legally by excluded. Subject to the foregoing we will not be liable to you in any circumstances whether in contract, tort or otherwise for any loss of profits, sales, business or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss. Subject to the preceding provisions of this clause, our total liability to you in respect of all losses arising under or in connection with a Contract shall in no circumstances exceed the price paid for the Services and/or Reports in respect of which such losses arise.
Acknowledgments in relation to search engine optimisation: Our Services do not constitute specific advice in relation to search engine optimisation. We do not warrant that any particular results will be achieved through the use of our Services. You acknowledge that:
search engine algorithms will change from time-to-time, which may affect a website’s rankings in the search engine results pages, and we have no control over such changes and that in order to address such changes there may be alterations required to your website (for example in relation to its performance on mobile devices) which require extensive work;
it can take many months for changes to your website to have any significant effects upon the ranking of your website in the search engine results pages;
web site promotion is an ongoing task and, should you stop promoting your website, it would be likely to have a negative impact on your website’s search engine results page rankings;
we will not be responsible for any alterations to your website made by you or any third party that reverse or affect changes made pursuant to our Services;
the promotion of a website may lead to higher traffic levels and bandwidth requirements for the website, and you will be responsible for arranging and paying for such requirements; and
notwithstanding our Services, your website’s search engine results page rankings and traffic levels may decrease as well as increase.
Acknowledgments in relation to the Website Visualiser: The Website Visualiser produces a snapshot of a website at the time the order is submitted in accordance with industry-standard mechanisms for mapping a website. We are not liable for any failure to map a webpage using these mechanisms.
Events Outside Our Control: We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 37.
Consequences of Events Outside Our Control: If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract we will contact you as soon as reasonably practicable to notify you and (at our option) may either notify a later delivery date for any Reports or cancel the Contract and refund any payment in accordance with clause 20.
Transferring rights and obligations: We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or obligations under these Terms or a Contract to another person if we agree in writing.
Third party rights: Any Contract formed is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Severance of terms: Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
No waiver of rights: If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Governing law and jurisdiction: These Terms are governed by English law. This means a Contract for the purchase of Package Reports or Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are consumer and a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a consumer and a resident of Scotland, you may also bring proceedings in Scotland.