Terms & Conditions

Terms & Conditions

Terms of Service • Guarantee • Privacy • License

Terms of Service

Before you receive services from Dental Marketing Expert Ltd. please read this Terms Of Service (TOS) agreement carefully.

GUARANTEE:

IF FOR ANY REASON, IN THE NEXT 30 DAYS, YOU DON’T AGREE THAT THIS INCREDIBLE PRODUCT IS WORTH EVERY PENNY, CONTACT US AT support@dentalmarketingexpert.co.uk to request A FULL REFUND OF YOUR PURCHASE PRICE. ALL refund requests must be submitted IN WRITING to support@dentalmarketingexpert.co.uk. Refund requests CANNOT be accepted via phone or voicemail.

SUBSCRIBER AGREEMENT:

BY INSTRUCTING DENTAL MARKETING EXPERT LTD. TO BUILD YOUR WEBSITE OR TO PROVIDE MARKETING SERVICES FOR YOU. YOU ARE AGREEING TO BECOME A PARTY TO AND BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

As used in this Agreement, “we, “us or “our refers to Dental Marketing Expert Ltd.. and “you or “your refers to you the purchaser. The word “product refers to the “software or “service you purchase. In some cases the Product may be contained on a website and only accessible through the website by entering a “Username and “password.

BILLING AND DELIVERY:

Dental Marketing Expert will bill you via invoice as and when the service has been provided (normally monthly). Payment will become due.  You are responsible for ensuring that the address and email you provide, are accurate and deliverable. 

If Dental Marketing Expert is providing you an ongoing service such as web hosting or web services you are responsible to make prompt payment on receipt of the invoice (normally monthly).

If Dental Marketing Expert is building you a website you must pay 50% of the invoice value before Dental Marketing Expert will commence the build of the website. The final 50% will become due immediately the website is completed.

If Dental Marketing Expert is building you a website you are responsible for delivering the content. If you fail to deliver or approve content after a period of two months, it will be deemed that the website is complete and full payment will become due.

At the end of any agreement between Dental Marketing Expert and customer. All bills and fees must be paid in full prior to the transfer of websites, documentation, social media pages etc. etc.

If you enter into a fixed term marketing agreement (usually monthly) with Dental Marketing Expert payment must be made promptly each month on receipt of invoice, if a monthly payment it missed the whole amount of the agreement will become payable immediately.

If you enter into a marketing agreement with Dental Marketing Expert which has a minimum term. You agree to pay the minimum amount of the agreement (normally 12 months). If you wish to remove yourself from this agreement or end it prematurely you agree to pay the whole amount of the minimum agreement on termination.

ACCESS AND PASSWORDS:

As part of the purchase you may have selected or been assigned a particular username and password in accordance with our username and password guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO use THE USERNAME and PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE PRODUCT USING YOUR USERNAME OR PASSWORD. You agree that all actions taken by you, or any other person that accesses the product using your username and password will be attributed to and legally bind you, even with respect to acts for which the person had no actual authority or made an error. You assume all resulting liability from use of the product, and any services available on it, by you or others using your username or password. If you lose your username or password, please contact us at: support@dentalmarketingexpert.co.uk. If you believe someone has accessed the product using your username and password, without your authorisation, email us at support@dentalmarketingexpert.co.uk to obtain a new username and password.

FEES AND PAYMENTS:

You are responsible for any fees or charges that may be incurred to access the product or service or other third party service. YOU, AND NOT Dental Marketing Expert Ltd., ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY EVEN IF THEY WERE NOT AUTHORISED BY YOU.

PRIVACY:

Our Privacy Notice is a part of this Agreement and its terms are incorporated herein by this reference. Please read it now at the link on our site.

USER CONDUCT:

The product may contain bulletin board services, news groups, forums, and/or other message or communication facilities (“Communication Services???) designed to enable you to communicate with others. You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service. You are also prohibited from submitting to, posting or transmitting through Dental Marketing Expert Ltd. sites any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam is prohibited. You may not use a false email or postal address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content.

Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of Dental Marketing Expert Ltd. Morin Network Inc. nor its affiliates, any of its officers, directors, employees, or agents. You acknowledge that Dental Marketing Expert Ltd. Morin Network does not pre-screen all content, but that Dental Marketing Expert Ltd. and its designees shall have the right (but not the obligation) in their sole discretion to refuse or to remove any content that is made available via the Communication Services. Without limiting the foregoing, Dental Marketing Expert Ltd. and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You specifically agree that Dental Marketing Expert Ltd. is not responsible for any content sent using and/or included in the product by any third party.

COPYRIGHT AND RESTRICTIONS:

Websites and other products provided by Dental Marketing Expert Ltd. may contain proprietary material owned by Dental Marketing Expert Ltd. (or material that other suppliers have licensed to us for our use) which is protected by copyright and other laws respecting proprietary rights. We retain all rights in the material and media, including (without limitation) all copyright and other proprietary rights worldwide in all media. You may not use the name Dental Marketing Expert Ltd.  except as expressly permitted under this Agreement and under UK and US copyright laws. Any routine and/or systematic redistribution of any portion of the products or information licensed herein is expressly prohibited.

End users who are duly authorised may Access the product for individual use, i.e., may view the information on screen; may download small portions of the information to a computer disk for personal convenience and later reference; and may print paper copies of small portions for personal use only.

The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in its entirety any portion of the information or materials contained therein. No part of the information may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorisation from Dental Marketing Expert Ltd.. Any use not authorised by this Agreement is prohibited and is not a fair use under the UK and US copyright law.

Dental Marketing owns the copyright to all video created and hosted by it. It is expressly forbidden for any third party to use any material owned and copyrighted by Dental Marketing Expert without its express permission.

You acknowledge that the information (and the licensed materials contained in the product) is highly proprietary in nature and that unauthorised copying, transfer or use may cause us and/or our suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this provision by you, or any subscriber or end-user, may be enforced by us, and/or any of our suppliers, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.

You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even though that supplier is not a party to the Agreement.

You may not and may not permit others to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in or on the product in any manner whatsoever that may infringe upon any copyright or proprietary interest of Dental Marketing Expert Ltd. distribute the information contained in the product to other users not duly authorised to Access the product; distribute, rent, sublicense, lease, transfer or assign the information or Agreement; decompile, disassemble, or otherwise reverse-engineer the product or information contained in or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorised reproduction, transfer, and/or use may be a violation of criminal as well as civil law.

You are expressly prohibited from placing or installing any portion of the information on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written authorisation by Dental Marketing Expert Ltd.

If you breach any provision of this Agreement, Dental Marketing Expert Ltd. may immediately terminate this Agreement and all licenses granted hereunder without prior notice, in addition to any other available rights and remedies

PROJECT DELAYS AND CLIENT LIABILITY

Any time frames or estimates that we give are contingent upon your full co-operation. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.

APPROVAL OF WORK

On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the remaining balance of the project price will become due.

WEBSITE MAINTENANCE

Under the general term website maintenance agreement customers will pay Dental Marketing Expert a set monthly fee to maintain their website. Dental Marketing Expert undertake to deliver the following services

  • Hosting, customers websites will be hosted on Dental Marketing Expert hosting platform. Dental Marketing Expert undertake to offer a 98% uptime for all hosted websites.
  • Malware protection. Dental Marketing Expert will apply the appropriate tools and guards to prevent any malware attack. If a malware attack still happens despite the guards put in place by Dental Marketing Expert. Dental Marketing Expert will ensure that the malware is traced and removed.
  • Virus protection. Dental Marketing Expert will apply the appropriate tools and guards to prevent any virus attack. If a virus attack still happens despite the guards put in place by Dental Marketing Expert. Dental Marketing Expert will ensure that the virus is traced and removed.
  • Updates. Dental Marketing Expert will ensure that the website is up to date with all the appropriate plugins and versions of the software the site was created in.
  • Dental Marketing Expert will provide the customer with content updates to the site. These content updates include text, graphics and video.

Exceptions to the website maintenance agreement are as follows:

  • Design changes. If the customer requires a change  to the design of the website this will be quoted for on an item by item basis. 
  • Speed optimisation is specifically not included in the website maintenance agreement and will be quoted for on a case by case basis.
  • Certain users may opt out of maintenance and simply have hosting. Any changes to the website will either be carried out by the customer or by Dental Marketing Expert and billed for on an hourly basis. If the user opts to edit the site themselves they will be liable for any mistakes made to the site and Dental Marketing Expert will bill accordingly to rectify the mistakes.
  • If a customer moves their website from Dental Marketing Expert hosting platform. Dental Marketing Expert will not be liable for any failings of the website when the website has been re-installed on the new hosting platform.

LIMITATIONS ON USE:

The following activities are prohibited. You agree not to:

a. Use Web-accelerated browsers or products (including but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications that are capable of copying large portions of content from the product. We can detect the use of these systems through live log file analysis and will ban any future use by offenders. b. If you are using a robot/crawler to check Dental Marketing Expert Ltd. links, it must operate according to the robot guidelines. Do not leave new robots unattended and allow a minimum of 1 minute between automated requests. c. Use of any device, software or routine or the like to interfere or attempt to interfere with any Site functionality; d. Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure; e. Use any email addresses appearing on or in the product for purposes not relating specifically to the product; f. Access the product by any means other than through the interface that is provided by us, or attempt or access any area of the product to which your access is not authorised; g. Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating the product, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Purchase any Dental Marketing Expert Ltd. product, event or membership and receive commission for your own purchase or subscription.

ACCURACY AND AVAILABILITY OF INFORMATION:

The product may contain database information and other content compiled by Dental Marketing Expert Ltd. While we use commercially reasonable efforts to provide accurate information, we gives no warranty as to the accuracy of the database and other content on the Site(s). we reserve the right to withdraw or delete information or content from the Site(s) at any time.

LINKS TO THIRD PARTY SITES:

Dental Marketing Expert Ltd. does not endorse the content on any third-party Web site, information or products, including Web sites of our affiliates Third-Party Sites. Dental Marketing Expert Ltd. is not responsible for the content of Third-Party Sites that you reach through links contained in the product, sites framed within our Site, or third-party advertisements in the product, and we do not make any representations regarding their content or accuracy. Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a Third-Party site will be between you and the party providing that Web site and/or product. This means that Dental Marketing Expert Ltd. is not your agent and is not a party to any transaction at a Third-Party Site.

REPRESENTATIONS AND WARRANTIES:

You represent and warrant to us that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to us is true and accurate; (c) you will be responsible for all use of your username and password even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.

DISCLAIMER OF WARRANTIES:

ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS product BY Dental Marketing Expert Ltd. AND ITS AFFILIATES ARE PROVIDED “AS IS" AND “WITH ALL FAULTS, WITHOUT WARRANTIES OF ANY KIND. Dental Marketing Expert Ltd. AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Dental Marketing Expert Ltd. DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE PRODUCT AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND IN THE PRODUCT; (c) TRANSMISSIONS TO, FROM OR WITHIN THE PRODUCT; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE PRODUCT SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED KINGDOM LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE PRODUCT WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.

DENTAL MARKETING EXPERT LTD. MAKES NO CLAIMS AS TO FINANCIAL OR PERSONAL GAIN RELATED TO USE OF THE PRODUCT.

LIMITATION OF DAMAGES:

IN NO EVENT WILL DENTAL MARKETING EXPERT LTD. OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORISED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY; Exclusive Remedy

ALSO, IN NO EVENT WILL DENTAL MARKETING EXPERT LTD. OR ANY OF ITS AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL  AMOUNT ACTUALLY RECEIVED BY DENTAL MARKETING EXPERT LTD., FROM YOU, FOR PURCHASE OF THE PRODUCT OR SERVICE.

INDEMNITY:

You agree to indemnify and hold us harmless, and pay our attorney’s fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorised representative of Dental Marketing Expert Ltd.

CONSENT TO ELECTRONIC NOTICES AND OTHER COMMUNICATIONS:

You agree that all of your transactions relating to the product may, at our option, be conducted electronically, including any that we are otherwise required to provide in writing. For example, we may send you notices via email to the email address that you provided to us when you purchased the product. If you do not wish to deal with us electronically, you should not purchase the product and enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during purchase.

PRINT A COPY FOR YOUR RECORDS:

You agree to print or make an electronic copy of this Agreement and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.

ASSIGNMENT:

You agree not to assign your rights under this Agreement without the consent of an authorised representative of Dental Marketing Expert Ltd. in a non-electronic record, and any assignment without our consent will be voidable at our option. This Agreement will inure to the benefit of Dental Marketing Expert Ltd. and bind the parties’, respective successors and permitted assigns.

APPLICABLE LAW AND DISPUTES:

This Agreement is governed by the laws of England, without regard to principles of conflict of laws.

To the extent you have in any manner violated or threatened to violate Dental Marketing Expert Ltd. and/or its affiliates’ intellectual property rights, Dental Marketing Expert Ltd. and/or its affiliates may seek injunctive or other appropriate relief in a court in England, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator. Any costs and fees, other than legal fees associated with the mediation, will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration, under the jurisdiction of English courts. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

AMENDMENTS:

ENTIRE AGREEMENT:

This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by us except in a signed, non-electronic writing signed by an authorised representative of Dental Marketing Expert Ltd..

21. General

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and Dental Marketing Expert Ltd. or its affiliates as a result of this Agreement or your use of the Site.

Copyright 2011 – Current Dental Marketing Expert Ltd. All Rights Reserved.