Terms & Conditions

 ACCEPTANCE of TERMS and CONDITIONS

To ensure a safe environment for all users, we have established these Terms and Conditions. In this way, you will know what you can expect from us, and what we can expect from you. By accessing any areas of Link Metric.com, you agree to be legally bound and to abide by the terms set forth below.

Link Metric has the right to revise this Terms of Service at any time without providing notice to its users. Your continued use of this Site, the Services and/or your Account shall be deemed irrevocable acceptance of those revisions. Link Metric reserves the right to change, modify, suspend or discontinue any portion of this Site or any Contest at any time. Link Metric may also impose limits on certain features or restrict your access to parts or the entire Site in its sole discretion and without notice or liability.

 ORDERING and PRICING

The prices quoted on Link Metric and do not include VAT. . We reserve the right to refuse to accept an order request in whole or in part. We will process your order once you have completed an order form and we have received your payment details. An e-mail confirmation of our acceptance of the order will be forwarded to you.

Your 30 day trial commences from the time you sign up.

 PAYMENTS

Link Metric accepts Visa and Mastercard credit cards, via our secure online ordering system. This is the quickest and most reliable way to pay for your order. Credit cards are charged when the order is placed. The merchant name that will appear on your credit card statement will be Link Metric Ltd.

The Google™ click costs are separate from our monthly service fee and are billed separately by Google™.

 PRODUCT GUARANTEE and RETURNS

You acknowledge that Link Metric may immediately terminate your Account. Link Metric reserves the right to change the fees charged for its services and payment methods at any time. You may terminate your Account at any time, however, you will not be refunded any Service fees already paid to Link Metric upon such termination. Any refunds will be at the discretion of Link Metric.

 COPYRIGHT

All copyrights, trademarks and other intellectual property rights in the design, layout, wording and concepts of this web-site are reserved to Link Metric. Any copying of the design, layout, wording, concepts or other unauthorised use will infringe our rights.

Trade marks, copyrights, brand names, product and company names related to the products appearing on this website are the property of their respective owners. Link Metric does not claim to own any of these trade marks, copyrights, brand or product names what-so-ever nor does it claim that Link Metric is related to, endorsed by, or in any other way connected or associated with the respective owners and/or their related companies and agents.

 GENERAL

Link Metric can not accept liability for any indirect loss, loss of enjoyment, loss of profit, loss of business, loss of goodwill or any other loss what-so-ever in connection with the operation of this website. We are unable to confirm that the information set out in this web-site is totally accurate or complete.

This web site may from time to time contain links to other web sites on the Internet. We are not responsible for the availability or content of those web-sites.

These terms and conditions constitute the entire agreement and understanding of the parties and supersedes any previous agreement between the parties. They shall be governed by UK law and the parties hereby agree to submit themselves to the exclusive jurisdiction of UK Courts.

 Google™ Terms and Conditions

Link Metric is an authorized reseller of Google™ Adwords. All Link Metric customers to abide by the Google™ terms and conditions.
These Google Ireland Limited AdWords Program Terms ("Terms") are entered into by you and Google Ireland Limited ("Google") regarding the Google AdWords Program ("Program") as further described in the Program's frequently asked questions at https://adwords.google.com/support/bin/index.py?fulldump=1 (the "FAQs") (collectively, the "Agreement"). "You" or "you" means the party listed on the account you create and you represent you have the authority to agree to this Agreement for that party. You represent and warrant that you are authorized to act on behalf of, and bind to this Agreement, any third party for which you generate ads. You hereby agree and acknowledge:

1 Policies. Program use is subject to all applicable Google and Partner policies, including without limitation the Editorial Guidelines (adwords.google.com/select/guidelines.html), Google Privacy Policy (http://www.google.com.au/privacy.html) and Trademark Guidelines (http://www.google.com.au/permissions/trademarks.html). Policies may be modified any time. You shall direct only to Google communications regarding your ads on Partner Properties. Some Program features are identified as "Beta," "Ad Experiment," or otherwise unsupported ("Beta Features"). To the full extent permitted by law, Beta Features are provided "as is" and at your option and risk. You shall not disclose to any third party any information from, existence of or access to Beta Features. Google may modify ads to comply with any Google Property or Partner Property policies.

2 The Program. You are solely responsible for all: (a) keywords and ad targeting options (collectively "Targets") and all ad content and ad URLs ("Creative"), whether generated by or for you; and (b) web sites proximately reachable from Creative URLs and your services and products (collectively "Services"). You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts. Ads may be placed on (y) any content or property provided by Google ("Google Property"), and unless opted-out by you (z) any other content or property provided by a third party ("Partner") upon which Google places ads ("Partner Property"). Google or Partners may reject or remove any ad or Target for any or no reason. You may independently cancel online any campaign at any time (such cancellation is generally effective within 24 hours). Google may cancel immediately any IO, the Program or these Terms at any time with notice (additional notice is not required to cancel a reactivated account). Google may modify the Program or these Terms at any time without liability and your use of the Program after notice that Terms have changed indicates acceptance of the Terms. Sections 1, 2, 4, 5, 6 and 7 will survive any expiration or termination of this Agreement.

3 Prohibited Uses. You shall not, and shall not authorize any party to: (a) generate automated, fraudulent or otherwise invalid impressions or clicks; or (b) advertise anything illegal or engage in any illegal or fraudulent business practice in any state or country where your ad is displayed. You represent and warrant that (x) all your information is correct and current; (y) you hold and grant Google and Partners all rights to copy, distribute and display your ads and Targets ("Use"); and (z) such Use and websites linked from your ads (including services or products therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of this Agreement or your account without notice and may subject you to legal penalties and consequences.

4 Disclaimer and Limitation of Liability. (A) TO THE FULL EXTENT PERMITTED BY LAW AND SUBJECT ALWAYS TO CLAUSE 4(B) BELOW, GOOGLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. To the full extent permitted by law and subject always to 4(B) below, Google disclaims all guarantees regarding the levels or timing of costs per click, click through rates or delivery of any impressions, positioning, clicks or conversions for any ads or Targets. (B) CERTAIN LEGISLATION, INCLUDING THE TRADE PRACTICES ACT 1974(CTH), MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS UPON GOOGLE WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THIS AGREEMENT MUST BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF THESE STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH GOOGLE IS ABLE TO DO SO, ITS LIABILITY UNDER THOSE PROVISIONS WILL BE LIMITED, AT ITS OPTION, TO (a) THE SUPPLYING OF THE SERVICES AGAIN; OR (b) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND YOUR BREACHES OF SECTION 1 AND TO THE FULL EXTENT PERMITEED BY LAW AND SUBJECT ALWAYS TO CLAUSE 4(B),: (i) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OR FOR ANY LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERUPTION TO YOUR BUSINESS, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (ii) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO GOOGLE BY YOU FOR THE AD GIVING RISE TO THE CLAIM. Except for payment, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including but not limited to acts of God, government, terrorism, natural disaster, labor conditions and power failures.

5 Payment. You shall be charged based on actual clicks and pay all charges in the currency selected by you via your online AdWords account, or in such other currency as is agreed to in writing by the parties. Charges are exclusive of taxes, including goods and services (GST) Google has to pay in respect of any taxable supplies under this Agreement. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Google incurs collecting late amounts. To the full extent permitted by law and subject always to clause 4(B), you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Google's click measurements. To the full extent permitted by law and subject always to clause 4(B), refunds (if any) are at the discretion of Google and only in the form of advertising credit for Google Properties. You acknowledge and agree that any credit card and related billing and payment information that you provide to Google may be shared by Google with companies who work on Google's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Google and servicing your account. Google may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Google shall not be liable for any use or disclosure of such information by such third parties.

6 Indemnification. You shall indemnify and defend Google, its agents, affiliates, and licensors from any third party claim or liability (including without limitation reasonable legal fees) arising out of your Program use, Targets, Creative and Services and breach of the Agreement.

7 Miscellaneous. The Agreement must be construed as if both parties jointly wrote it, governed by California law except for its conflicts of laws principles and the courts of Santa Clara County, California shall have non-exclusive jurisdiction to adjudicate any dispute or claim arising out of or in connection with this Agreement. The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. You may grant approvals, permissions and consents by email, but any modifications by you to the Agreement must be made in a writing (not including email) executed by both parties. Any notices to Google must be sent to: Google Ireland Limited, AdWords Program, 1st & 2nd Floor, Gordon House, Barrow Street, Dublin 4, Ireland, with a copy to Legal Department, via first class or air mail or overnight courier, and are deemed given upon receipt. Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than 15 days after having been posted (for messages in your AdWords interface). A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties' intention, and remaining provisions of the Agreement will remain in full effect. You may not assign any of your rights hereunder and any such attempt is void. Google and you and Google and Partners are not legal partners or agents, but are independent contractors.

  • Link Metric Ltd, 35a Britannia Row, London, N1 8QH.
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  • tel: +44 (0) 207 359 7778
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  • fax: +44 (0) 207 704 8007
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