Which Web Marketing Agreement?There are stylistic differences between the web marketing agreements on the one hand, and the web marketing terms on other other, but there are no material substantive differences.
You should go for the premium (rather than the standard) version of the relevant document if you need clauses that cover: a minimum contractual term, the non disclosure of confidential information, the issue of publicity materials relating to the contract, or detailed contractual notice provisions. The premium versions of the documents also include clauses providing for additional customer obligations.
|
Key Web Marketing Contract ClausesServices
These web marketing contracts are designed with maximum flexibility in mind, and accordingly may be suitable for different businesses providing quite different mixes of web marketing services.
The services clause in the contracts refers expressly to on-site changes (whether for the purposes of search engine optimisation, conversion rate optimisation, social marketing or otherwise), paid and unpaid directory listings and search engine submissions, link building, PPC and other forms of internet advertising, affiliate marketing, email marketing and "any other website promotion techniques".
Customer responsibilities
All marketing services rely to some extent upon client engagement. The types of assistance that might be needed will vary with the types of service being provided. Examples given in this clause include assistance with keyword research, providing direct access to the web application being marketed, providing analytics data, procuring third party co-operation where necessary, and obtaining any necessary software licences.
Warranties
A web marketing service provider - especially an SEO consultant - will rarely want to give general commitments to achieve results, although sometimes narrow and carefully specified commitments may be given.
The warranties clause in the web marketing agreements states that the service provider will perform its obligations under the agreement with reasonable care and skill. However, it goes on to clarify the limitations of the services. I have quoted the relevant clause in full below:
"The Customer acknowledges that:
(a) search engine algorithms will change from time-to-time, which may affect the Website’s rankings in the search engine results pages, and the Company has no control over such changes;
(b) it can take many months for the Services to have any significant effects upon the ranking of a Website in the search engine results pages;
(c) web site promotion is an ongoing task and, should the Customer terminate this Agreement and/or stop promoting the Website, that would be likely to have a negative impact upon the effects of the Services;
(d) the Company will not be responsible for any alterations to the Website made by the Customer or any third party that reverse or effect changes made to the Website by the Company as part of the Services;
(e) the promotion of the Website may lead to higher traffic levels and bandwidth requirements for the Website, and the Customer will be responsible for arranging and paying for such requirements; and
(f) notwithstanding the Services, the Website’s search engine results page rankings and traffic levels may decrease as well as increase."
|
