Terms of Service

Toptenhit.com Terms of Service

1) The terms set out overleaf and these terms and conditions constitute the only terms and conditions under which Toptenhit.com enters into this agreement. No employee, or agent of Toptenhit.com is authorised to agree or effect any alterations in the terms and conditions of this agreement.

2) Subject to paragraph 3 below, at the end of the initial one year period of this agreement (“initial period”), this agreement shall remain in full force and effect for successive periods of one year (“renewal periods” (each of which shall begin either on the date the initial period ends or on the relevant anniversary of that date (as the case may be)). The monthly fee and terms in the renewal period shall be those applicable at the end of the initial period if it is the first renewal period or those applicable in the immediately preceding renewal period, unless at least two months prior to the end of the of the initial period or renewal period (as the case may be), Toptenhit.com has given written notice to the customer of a change in the monthly fee or and/or the terms.

3) Either the customer or Toptenhit.com may terminate this agreement at the end of the initial period or a renewal period by giving the other written notice at least one month prior to the end of the initial period or renewal period (as the case may be).

4) The customer shall pay the monthly fee every month (by direct debit or standing order if required), the first payment being due one month after entering into this agreement and subsequent payments being due on the same day each month. In the event of the customer failing to make a monthly payment on the due date Toptenhit.com is entitled to take any or all of the following remedies in any order it sees fit: (a) Require immediate payment of all monthly fees due during the remainder of the initial period or renewal period (as the case may be). (b) Add interest to the debt at 4% per annum above the base rate of Barclays Bank plc. (c) Issue written demands for the sum due, each such demand attracting a fee of £15.00, payable by the customer. (d) Cease working on behalf of the customer until all overdue sums are paid. (e) Be released from any obligations to refund any money to the customer under any other terms of this agreement including the second paragraph overleaf. (f) To deduct outstanding sums from the customer’s credit card shown overleaf and the customer hereby authorises such deductions.

5) The customer understands that search engines are independent companies who select and rank sites using their own criteria and therefore to obtain a high ranking the customer must follow Toptenhit.com’s recommendations for optimising their website for search engine listing. If the customer fails to follow Toptenhit.com’s recommendations then Toptenhit.com is released from any obligations to refund any money to the customer under any other terms of this agreement including the second paragraph overleaf.

6) Toptenhit.com may terminate this agreement at any time if the customer’s website contains any material which is illegal, pornographic, racially abusive or is likely to cause offence or to damage Toptenhit.com’s reputation.

7) The top 50 search engines will be those 50 search engines that Toptenhit.com considers to be the most important with regard to popularity, language, content, location, coverage or any other criteria that Toptenhit.com considers suitable.

8) Toptenhit.com will choose suitable sets of words to search for in the search engines and the position in the results obtained using these words will be used for assessing top-ten listings as referred to overleaf. A top-ten listing is where a search engine is queried with the words chosen by Toptenhit.com and the customer’s website address or a link to that address appears in one of the first ten results returned. If, during the initial period, the customer’s website does not achieve ten top-ten listings with the top 50 search engines then Toptenhit.com will refund all money paid to Toptenhit.com under this agreement in full.

9) All notices must be in writing. Notices to Toptenhit.com must be addressed to Technology House, Rhodes Business Park, Middleton, Manchester. M24 4PN or such address as is advised by Toptenhit.com. Notices to Customer will be considered valid if addressed to the customer’s address as shown overleaf or such address as is advised by the customer.

10) The invalidity or unenforceability of any provision of this agreement shall not affect or impair the validity of any other provision. No waiver of any rights Toptenhit.com has under this agreement shall be deemed from any failure by Toptenhit.com to enforce any part of this agreement.

11) The signatory to this agreement on behalf of the customer warrants that he/she has the authority to commit the customer to this agreement and further confirms that this agreement is between two businesses. If any of the customer’s payments are made by a credit card which is not in the name of the business then it is for the customer to reimburse the card holder for any payments made on the customer’s behalf.