Terms & Conditions
These Terms and Conditions are between Spark Innovation Group Limited t/a Spark Connect (hereinafter referred to as “SC”) and you (hereinafter referred to as “Client”) for the provision of business listing optimisation services, website design, and related services (hereinafter referred to as “Services”).
Local SEO & Google Maps Business Listing Services
1. Service Provision
SC will provide the Client with Business Listing Optimisation Services (hereinafter referred to as “LOCAL SEO”) as described in these Terms. SC will use specific keywords and/or phrases to improve the search engine ranking of, and/or position the contents of the Client's business listing.
2. Fees and Payment
The fees for the LOCAL SEO services are as per the package selected plus VAT, and all prices are guaranteed for the duration of the engagement with SC (subject to a 10% annual price increase). Upgrades and downgrades are permitted at any time with 30 days’ written notice. All fees are paid on a monthly basis until the Client or SC provides 30 days’ written notice of termination. Written notice should be given to hello@spark-connect.co.uk.
3. Purpose of Services
SC's LOCAL SEO services are intended to:
- Increase the Client’s ranking in business listings.
- Drive targeted online traffic to the business listing.
4. Scope of LOCAL SEO Services
SC's LOCAL SEO services will include (but are not limited to):
- Researching keywords and phrases to select appropriate, relevant search terms (up to 5 phrases).
- Obtaining “backlinks” from related websites and directories to generate link popularity and traffic.
- Editing and/or optimisation of the Google Maps Profile for keywords, images, and page text as necessary.
- Analysis and recommendations on the Client’s website structure, navigation, code, etc., for optimal LOCAL SEO.
- Recommendations for the Client’s website content to improve ranking.
- Creating traffic and ranking reports for the Client’s business listing.
5. Client Responsibilities
For the purposes of receiving optimised LOCAL SEO services, the Client agrees to provide the following:
- Administrative/backend access to the Google Maps Profile for analysis of content and structure.
- Permission to make necessary changes for optimisation and to communicate directly with SC regarding these changes.
- Unlimited access to the Client's existing Google Maps Profile.
- Authorisation to use Client pictures, logos, trademarks, website images, and content for optimisation purposes.
- If the Client’s Google Maps Profile lacks textual content, the Client will provide additional text content in electronic format, or SC can create text content as needed.
6. Acknowledgements by Client
The Client must acknowledge the following regarding LOCAL SEO services:
- Fees are only refundable when the SC Guarantee has not been met.
- All fees, services, documents, recommendations, and reports are confidential.
- SC has no control over search engine policies regarding site/content acceptance, and the Client’s website may be excluded from any directory or search engine at any time.
- Due to competitive factors and changes in search engine algorithms, SC does not guarantee positions or consistent top 10 placements outside the guarantee period for any specific keyword or phrase.
- SC assumes no liability for ranking/traffic/indexing issues related to Google Sandbox penalties or other unforeseen factors.
- Linking to "bad neighbourhoods" or obtaining links from "link farms" can damage LOCAL SEO efforts, and SC does not assume liability for the Client’s choices in this regard.
7. Changes Made by the Client
SC is not responsible for changes made to the business listing by the Client or other parties that adversely affect the search engine rankings.
8. Additional Services
Additional services not listed herein (such as managing pay-per-click campaigns) will be provided based on individual fee proposals from SC.
9. Intellectual Property Guarantee
The Client guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork provided to SC for inclusion on the business listing are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each element, and will hold harmless, protect, and defend SC and its subcontractors from any liability arising from the use of such elements.
10. Refund and Guarantee Policy
- SC offers a money-back guarantee on certain products. For Business Listing packages, SC guarantees that the Client’s business listing will reach the first 10 listings on Google for at least one keyword in the Client’s local area within 60 days from the verification date. Failure to do so will entitle the Client to a full refund.
- SC is not responsible for delays in verification due to lack of communication from the Client, delays in extending manager access, or issues related to verification processes with Google.
- Ranking fluctuations outside of the guarantee period are not subject to refunds as they are natural aspects of Google’s search engine procedures.
- Any failed or defaulted payments during the engagement will forfeit the Client’s right to a refund and timeline guarantees.
11. Commencement of Services
SC will begin services as soon as payment has been received from the Client. The Client accepts that all fees are to be paid by direct debit and agrees to complete a direct debit mandate request at the commencement of the term. Cancellation can only be carried out by providing 30 days’ written notice.
12. Reporting
SC will send out monthly reports to the email provided by the Client on ranking and traffic once verification has been completed.
13. Geographic Availability
The Client understands that packages involving ranking in surrounding areas are subject to availability. SC cannot predict the frequency of ranking on keywords in these areas, as this is solely controlled by Google.
14. Review Management
SC will assist in managing the Client’s reviews online but is not responsible for the content of any reviews posted on the Google Maps Profile. The Client understands SC cannot delete or edit reviews.
15. Independent Status
The Client understands that SC is not owned or affiliated with Google. SC is an independent company specialising in LOCAL SEO services.
Website Design and Other Services
1. Service Provision
SC will provide website design and related services as detailed in the Client's quotation.
2. Fees and Payment
All website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before work commences. The remaining percentage of the project quotation total is due upon completion of the work, prior to upload to the server or release of materials. Payment for Services is due by direct debit or bank transfer. If the Client fails to make any payment due to SC by the due date, the Client shall pay interest on the overdue amount at a rate of 8% per annum above the Bank of England’s base rate, plus statutory commercial debt recovery fees as determined by UK law.
3. Invoicing
SC shall submit invoices in line with the payment schedule outlined above. Invoices are normally sent via email, but hard copy invoices are available upon request. Payment is due on receipt of the invoice by the Client.
4. Change Control Process
SC includes a change control process as part of project management. This comes into effect if the Client’s needs change after a project scope document has been signed off or during the design phase. The Client will be required to fill in a form outlining the requested changes, which will then be assessed by SC.
5. Client Review
SC will provide the Client with opportunities to review the appearance and content of the website during the design phase and once the overall website development is completed. At project completion, materials will be deemed accepted unless the Client notifies SC otherwise within ten (10) days of the materials being made available.
6. Turnaround Time and Client Cooperation
SC will install and publicly post or supply the Client’s website by the date specified in the project proposal or at a date agreed upon after receiving initial payment, unless a delay is requested by the Client. The Client agrees to provide SC promptly with all necessary cooperation, information, materials, and data required for the performance of the Services.
7. Failure to Provide Required Content
The Client must provide all required information in advance. If progress cannot be made due to the Client’s failure to provide information within the agreed timeframe, SC reserves the right to impose a surcharge of up to 25% of the Charges. If the required information is not provided within one week of project commencement, SC reserves the right to close the project, and the remaining balance becomes payable immediately.
8. Web Browser Compatibility
SC designs websites to be viewed by the majority of current browsers (e.g., Firefox, Google Chrome). The Client agrees that SC cannot guarantee correct functionality across all browsers or operating systems and is not responsible for issues arising from new versions of browsers released after the website has been designed.
9. Termination
Termination of services by the Client must be requested in writing and will be effective upon receipt of such notice. Email or telephone requests will not be honoured unless confirmed in writing. The Client will be invoiced for work completed up to the date of cancellation for payment in full within thirty (30) days.
10. Indemnity
The Client agrees to indemnify and hold harmless SC against all damages, losses, and expenses arising from the Client’s use of SC’s services for unlawful purposes.
11. Intellectual Property
The Client grants SC a non-exclusive licence to use materials provided for the project. All intellectual property rights in the materials provided by the Client remain with the Client. SC retains ownership of any intellectual property rights developed in the course of providing the Services. The Client must obtain all necessary permissions for any third-party materials provided.
12. Confidentiality
Both parties agree to keep confidential all information disclosed during the term of these Terms. Confidential information may only be disclosed to employees and subcontractors as necessary to fulfil obligations under these Terms. This obligation survives termination.
13. Data Protection
Both parties will comply with all applicable data protection laws. The Client will ensure compliance with data protection laws concerning the collection, storage, and processing of personal data. The Client acknowledges that SC acts as a data processor on behalf of the Client.
14. Domain Names
SC may purchase domain names on behalf of the Client. Domain renewals will be invoiced annually on the anniversary of the original purchase. SC is not liable for the loss of domain names due to non-payment.
15. Third Party Products
Any third-party software provided by SC will be supplied in accordance with the relevant licensor’s terms.
16. General
These Terms constitute the entire agreement between the parties. A failure or delay to exercise any right under this agreement shall not be a waiver of that right. No variation shall be effective unless in writing and signed by both parties.
17. Digital Marketing
SC will honour the components of the Client’s chosen digital marketing scope of work, provided a minimum three-month contract is served, and monthly payments are received in advance. Work will be halted if payment is not received on time.
18. Liability
Nothing in these Terms shall limit either party’s liability for death, personal injury, or fraud. SC shall not be liable for any indirect or consequential loss or damage, and its liability shall be limited to the charges paid for the Services under the agreement.
19. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in effect.
20. Governing Law and Jurisdiction
These Terms and any disputes arising from them shall be governed by the laws of England and Wales, with exclusive jurisdiction given to the courts of England and Wales.