The Business Directory

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TERMS AND CONDITIONS

OVERVIEW AND IMPORTANT ACKNOWLEDGEMENTS

  1. The Business Directory will contact you to confirm the information you provided at the time of signing up.
  2. Your listing cannot be fully published until this information is verified with you or an authorized representative.
  3. The setup fee, including VAT, will be charged to the nominated bank account at the time of purchase.
  4. Monthly charges will also be applied to the nominated bank account, based on the agreed upon value at the time of purchase.
  5. These charges will begin the following month, as the majority of the work is done before the listing becomes visible on the front page.
  6. I understand that Google may send a postcard for verification, which can take up to 4 weeks.
  7. The Business Directory is not responsible for any delays caused by postal issues.
  8. Other tasks will be completed during this time.
  9. The postcard will contain a pin number that must be provided to The Business Directory for the services to be fully provided.
  10. The Business Directory will make every effort to receive the pin, but if it is not received, the process will be restarted.
  11. The Business Directory cannot guarantee the time it will take to achieve results due to the constantly changing nature of the internet and Google’s search algorithms, practices, policies, and functionality.
  12. However, The Business Directory promises that if at least one keyword does not reach the top 10 of Google Places in your local town within 60 days of verification, you are entitled to a refund of costs.
  13. If the top 3 is not achieved within 90 days, you are entitled to a full refund of your set-up fee (if applicable).
  14. I understand that my Google Places rank may change frequently as it is controlled by Google.
  15. I will contact The Business Directory customer service team for any questions or concerns.
  16. I understand that The Business Directory cannot predict the frequency of rank on keywords in surrounding areas for the products, as it is solely controlled by Google.
  17. The Business Directory will assist in any way possible, but cannot control the content of any reviews posted about your business on Google My Business.
  18. If review management is desired, please inquire with The Business Directory.
  19. I understand that The Business Directory is not owned or affiliated with Google and specializes in setting up and optimizing Google My Business listings.
  20. This is a monthly rolling contract that can be opted out of with 30 days’ notice by phone or email.
  21. Cancellation notice is not recognized until a confirmation email is received from customer service.
  22. Refunds will not be issued for a drop in ranking outside of the 60-day period, as Google updates and changes may affect rankings.
  23. The Business Directory will continue to optimize the listing to achieve top 10 rankings in this case.
  24. I understand that during and after the setup process, Google may require businesses to be re-verified, which may affect the set timelines and current rankings.
  25. Any failure or defaulted payments within my duration with The Business Directory forfeits all rights to refunds and timeline guarantees, as this will affect the normal process of.

TERMS AND CONDITIONS (FULL DETAIL)

This Agreement, known as the ‘Directory Listings’ Services Terms & Conditions, lays out the terms between you and Business Listings Ltd (The Business Directory) for the provision of business listing optimization services and any related services described. By continuing to use or receive these services, you acknowledge that you have read and agreed to be bound by this agreement, as well as The Business Directory’s Master Services Terms & Conditions and Privacy Policy. The term “Site” refers to the website provided in your Application Form, which will be used for the purpose of this Agreement. Should any inconsistencies arise between the Master Services Terms & Conditions and these Prioritize Me Terms & Conditions, the latter will take precedence. The Business Directory will provide the specified services and fulfill its obligations as outlined in your Application Form.

SERVICES

The Business Directory will carry out the services outlined in the Application Form, but any given time frames are only estimates and not binding. To complete these services, you grant The Business Directory exclusive control over your Google account information, including usernames and passwords, and are required to provide this information. The Business Directory will not begin services until they have this information. If deemed necessary, The Business Directory reserves the right to deny access to your Google account information.

CUSTOMER RESPONSIBILITIES

In order for The Business Directory to provide the specified services outlined in the Agreement and your Application Form, you grant them the exclusive right to manage and operate your Google account, including your username, password, and pin code. You must provide this information to The Business Directory before they can begin providing the services. The Business Directory may refuse to provide the services if you do not provide them with the necessary information. Your cooperation and the provision of any other necessary information and data are required for The Business Directory to properly provide the services. The Business Directory will not be held liable for any delays caused by your failure to fulfill your obligations or the actions of a third party. Additionally, you must provide The Business Directory with access to and use of any information, data, and documentation they reasonably require for the performance of their services. The Business Directory may make amendments, additions, or deletions to your website or Google Places/Google Plus page to enhance their ability to provide the services, including reviews, other directories, and online mentions at their discretion.

CHARGES AND PAYMENT

This Agreement lays out the terms of payment for the services provided by Business Listings Ltd (The Business Directory). The charges for each service, whether recurring or not, are specified in your Application Form and The Business Directory will issue invoices to you based on the charges and frequency outlined in the Application Form. The charges must be paid in Great British Pound at the time of completing the Application Form and can be made through one of the methods outlined in the Application Form or invoices. Please note that all deposits or advanced payments are non-refundable.

You are responsible for paying all charges for services for the full invoicing period, regardless of whether the agreement has been suspended or terminated during that period, or if the services have been changed or cancelled. Additionally, unless otherwise stated, all charges and other amounts payable are exclusive of VAT. If VAT becomes applicable on any supply made or provided, you will be required to pay an additional amount equal to the value of the supply multiplied by the prevailing VAT rate.

The Business Directory reserves the right to set off any amounts due and payable under this Agreement against any amounts that may be payable by The Business Directory to you. Additionally, The Business Directory also reserves the right to charge interest on overdue amounts at the average annual base rate ruling on the due date. The Business Directory may also suspend work and your access to services until outstanding invoices have been paid in full, and charges will continue to accrue during this period of suspension. Time for payment is considered essential.

Invoice disputes must be made in writing, within 14 days of the invoice date, and failure to do so will result in the invoice being deemed accepted by you. You will remain liable for payment of any undisputed portions of an invoice.

VARIATIONS AND CANCELLATIONS

You have the option to cancel any recurring monthly services with thirty days’ notice, either through phone or email. The Business Directory reserves the right to make changes to this Agreement or the Services provided, by giving written notification through email, fax, or postal mail to the contact information provided by you during the registration process. Additionally, updates to the Terms and Conditions may also be posted on the company’s website. By continuing to use the Services after any changes have been made, you are indicating your acceptance of the updated terms.

WARRANTIES

Both parties involved in this agreement have the power and authority to enter into and fulfill the terms of this agreement. The services provided by The Business Directory come with guarantees that cannot be excluded under UK business law, including the right to a replacement or refund for major failures and compensation for any other reasonably foreseeable losses or damages. The Business Directory will perform the services with reasonable care and skill, but cannot guarantee improved rankings in search engines as they do not control the algorithms of the search engines or the time it will take to achieve certain results. The Business Directory also cannot guarantee that the services will generate an increase in sales, business activity, profits, or any other form of improvement for your business or website. The Business Directory cannot control or be held responsible for any reviews, ratings, commentary or materials published about your business, whether on Google Places or any other third party websites. Additionally, the Business Directory cannot ensure that the services will be uninterrupted, error-free or virus-free or that they will meet your requirements. Any time frames provided are estimates only and the Business Directory cannot ensure that their work will not result in Google or any other search engine suspensions or penalizations to listings. This agreement sets out the full extent of The Business Directory’s obligations and liabilities in regards to the supply of services.

LIABILITY

Notwithstanding anything else contained in this Agreement, you shall be solely responsible for the contents of your Site, and The Business Directory shall not be held liable or accountable for any issues arising from the contents of your Site, including, but not limited to, infringement of intellectual property rights of any third party. The Business Directory strongly advises you to maintain backup versions of your Site’s content to guard against any potential losses.

To the extent permitted by law, The Business Directory, its directors, partners, and employees hereby expressly exclude any liability for loss of income or revenue, interruption of business, loss of uptime, loss of profits, loss or damage to software, loss of anticipated savings, loss of data, loss of goodwill, loss of traffic, or any other direct, indirect, or consequential loss or damage incurred by you or any end user in connection with the Services or the use of the Services.

This exclusion of liability shall not affect the liability of The Business Directory that cannot be excluded or limited by law. Without limiting the foregoing, the parties acknowledge that laws in certain jurisdictions may imply warranties and conditions that cannot be excluded, restricted, or modified except to a limited extent. If any such laws apply, then to the extent permitted by law, The Business Directory’s liability shall be limited to any one or more of the following (at its sole discretion):

In the case of goods that fail 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 the case of services that fail 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 by law, you agree that The Business Directory’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 amount of fees paid or payable to The Business Directory under this Agreement for the Services that are the subject of the breach, only from the time that the breach has occurred.

You shall indemnify The Business Directory, 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. The Business Directory shall not be held responsible or liable for any suspensions or penalties to listings. The work carried out is under your instruction and at your own risk.

INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY

The Business Directory retains ownership of all programming modules, code, computer programs, materials, tools, data, know-how, and other items created during the provision of Services, as well as any intellectual property rights that existed prior to the start of such Services. The Business Directory grants you a non-exclusive license to access and use The Business Directory to the extent necessary for you to make reasonable use of the relevant Services during the term of this Agreement. You acknowledge that the Services may include third-party software and intellectual property rights, and your rights to use the Services do not affect these third-party rights. Any rights to access third-party intellectual property will be limited to the extent of The Business Directory’s rights and its ability to pass them on to you. Additionally, you warrant that any data, content, information, or material provided by you to The Business Directory will not violate any rights of third parties or break any laws or industry codes. You agree not to disclose any confidential information about The Business Directory or its affiliates obtained during or as a result of this Agreement to anyone except your employees on a need-to-know basis, unless required by law.

TERM AND TERMINATION

This Agreement begins on the date The Business Directory starts providing the Service or on a date agreed upon in writing by both parties (“Commencement Date”) and ends on the date the Services are completed or as stated in the Application Form, unless both parties agree to extend the term in writing. However, if the Services include support services, the support period starts on the date of verification by The Business Directory. The Business Directory has the right to terminate or suspend this Agreement without any liability, by giving at least 14 days notice or by immediately giving notice if you fail to pay the Charges or become insolvent or unable to pay your debts or stop doing business. If The Business Directory chooses to reinstate the suspended Service, you will be responsible for the standard re-activation fee. The termination of this Agreement will not affect the continuation of any other relevant Service terms and conditions, which will remain in effect. Upon termination or expiration of this Agreement, The Business Directory will invoice you for any remaining unpaid amounts, deposits will not be refunded, and you will need to set up a new Google account for the transfer of your Google Places account, or if that is not possible, you will need to promptly set up a new Google Places account and The Business Directory will delete and remove your listing from its account.

NON-SOLICITATION

You shall not, during the term of this Agreement, and for a period of one (1) year following its termination, recruit, solicit, engage, or enter into any agreements with any employees or contractors of The Business Directory or any other individuals involved in providing Services.

NOTICES

During the term of this Agreement, you agree to not hire, solicit, employ, or contract the services of any current or former employees or contractors of The Business Directory or those involved in providing the Services for a period of one year after the termination of this Agreement. Notices from The Business Directory to you may be given by email to the address provided in your Application Form. It is your responsibility to ensure that your email address is current and accurate. The Business Directory’s record of sending a notice to you via email is considered conclusive proof of receipt. Any notices from you to The Business Directory must be in writing and sent to the following address: The Business Directory, St Marys Court, Amersham, England with a copy sent to sales@thebusinessdirectory.co.uk.

ENTIRE AGREEMENT

This Agreement, including any documents referred to within it, represents the entire understanding between both parties regarding the Services provided and replaces any previous discussions, specifications, representations, and arrangements relating to the Services, including but not limited to, any expectations of performance or results. Any verbal or written representations made by or on behalf of The Business Directory should not be relied upon. Additionally, you will be bound by the policies and guidelines of Google and Yahoo! (which may change at any time), as well as our Privacy Policy. We recommend that you keep yourself updated on these policies and guidelines and check them regularly to ensure you are aware of any changes. It is acknowledged that The Business Directory does not have any connection, affiliation, sponsorship or endorsement with Google and this should not be interpreted as such at any time.

GOVERNING LAW AND JURISDICTION

This Agreement and any related disputes or legal claims will be governed and interpreted in accordance with the laws of London, England. Both parties agree to the exclusive jurisdiction of that country.

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