In today’s blog, Artemis SEO Manager Kerry Jones examines website user experience (UX) and takes a closer look at why it matters so much on mobile.
Your website may be responsive, but is it truly mobile-friendly?
With Google’s switch over to mobile first indexing, user experience on mobile devices has become one of the most important factors to consider when optimising a website.
“The limited screen size on mobiles has required a complete rethink as to how content is displayed on websites. Google is adapting its search results based on how mobile pages are set up. As Google’s understanding of how users interact with mobile pages improves, an increased focus on mobile usability is absolutely fundamental for search success going forward. With the Chrome browser, Google has usability data across all pages of a website. Mobile usability is a key factor in 2019.” Justin Aldridge, Technical Director at Artemis
Mobile vs. desktop
With an increasing number of searches performed on mobile vs desktop over recent years, now is definitely the time to take action on mobile to improve it as much as possible.
You might be thinking “how does this apply to me when 80% of my traffic comes from desktop?” Well Google will still index the mobile version of your website first, meaning that desktop rankings are deciphered from mobile and if your website doesn’t provide a good mobile user experience, then your desktop rankings are likely to suffer.
How does Google know if a website provides a poor user experience?
Google has access to website usage and engagement statistics, including the average time users spend on page/site, page interactions and bounce rates. If these statistics aren’t as good as your competitors, then Google may favour those better performing websites.
Things to consider on mobile:
Does the website load quickly in Wi-Fi as well as 3G and 4G?
Is the header condensed for mobile? Or does it take up the whole device landing screen forcing users to scroll down to see content/images?
Is the menu visible on all pages? Are all key pages accessible from it?
Is content readable or too small?
Are contact and sign up forms optimised for mobile?
Is the search functionality visible and does it use typing suggestions?
Does the website make sure of read more tabs where necessary to prevent endless paragraphs of text?
There are various ways you can review your mobile usability:
Firstly, perform some tasks on your mobile that you would expect your customers to do, for example, adding a product to cart and going through the checkout process, or filling out a contact form to see if there are any obvious issues.
Check for any mobile usability issues reported in Google Search Console. This section will point out instances whereby clickable elements are too close together, where the content has fallen off the screen, plus much more. You can also run the website through the Google Mobile-Friendly
Run a Google Lighthouse report on the website. This will provide speed improvement recommendations as well as accessibility, best practice and SEO considerations.
Set up Hotjar heatmaps to monitor mobile user behaviour and see what people are clicking on and how far they are scrolling down the page. Record users to find any common pitfalls or annoyances. Take a look at our blog post on how to turn visitors into customers on Hotjar here.
Review Google Analytics for high exit pages on mobile devices, then go and check these on mobile to find out why users are leaving the site.
Google’s Playbooks for retail or lead gen websites are great resources to refer to whilst reviewing the UX of a website.
If you’re interested in ensuring your website has a UX that is optimised for mobile, Artemis offers a mobile first audit.
Your website might have an amazing design, be well optimised for conversions and get good levels of traffic but there is one issue that could make all your hard work go to waste: your site speed is too slow.
The time it takes for your website to load is now one of the most important factors that affects how well it converts. With the industry focus having shifted firmly onto mobile search by users who have little patience and demand near instant search results, a load time of 5 seconds can result in up to 25% of your search traffic bouncing and going to one of your competitors instead.
And we don’t want that, do we?
The good news is that there are some pretty straightforward things you can do to speed up your website. However, before you start tinkering, it’s a good idea to benchmark your current load time first. There are many tools available to help you do this – we recommend using GTmetrix, Pingdom Tools or Google’s own tool PageSpeed Insights.
Once you have established your benchmark, take a look at these 4 simple ways of making the necessary improvements to your site. In our advice, we’ve focused mainly on WordPress websites but you should be able to implement these solutions on most websites.
1 – Get the right web hosting service
Let’s start with the basics. If your web hosting is poor, then frankly none of the tips mentioned below are going to make any difference. This is a key area to get right from day one – but what is ‘right’? There are so many different types of web hosting – shared hosting, reseller hosting, VPS hosting, dedicated hosting – with some services costing as little as 99p while others will set you back over £100 a month. Which to choose?
When it comes to hosting, the old adage ‘you get what you pay for’ couldn’t be more appropriate. Cheap 99p-type deals will most likely be on second-hand servers with thousands of other websites hosted alongside. While this may be sufficient for, say, a small blog that gets a handful of visits per month, higher traffic levels won’t be able to cope and your website will crash.
As an absolute minimum, a website that is used to advertise a service should be hosted on a VPS (virtual private server) to give you more control over the hosting. With ecommerce websites, it’s important that they’re hosted on a dedicated service designed to deal with large volumes of traffic and that is secure enough to handle payment transactions.
2 – Optimise your images for web
When a website is built, it is best practice to upload any images in the required size, i.e. the size that will actually be displayed on the site. However, this doesn’t always happen. Often, the developer will upload images in whatever size they’ve been supplied, perhaps scaling them to fit using CSS. This is far from ideal since large image files (1MB+) can seriously slow down your page load speed.
WordPress does a pretty good job at resizing, and of course there’s always Photoshop. In addition, there are a number of free online tools you can use to compress images, such as tinyjpg which allows you to upload up to 20 images at a time and gives you the optimised images as a download, ready to use on your site.
Also available are plug-ins such as wp-smushit but these won’t give you as much control as resizing manually, and if you’re not happy with the image quality you’ll have to restore a back-up and re-upload from scratch, which is neither user friendly nor time efficient.
3 – Implement browser caching
Caching is a way of telling your browser to store certain elements of the website, such as image and CSS files, so they don’t have to be loaded every time. Implementing this is probably one of the quickest ways to improve your site load time.
There are literally hundreds of WordPress plug-ins to help you do this, the most popular being W3 Total Cache. It works straight out the box and you can also tweak the settings to enable more advanced caching, such as minifying CSS and JavaScript.
Some servers offer settings such as gZip and other caching plug-ins, but these vary depending on the server type, operating system and web host. It is certainly worth contacting your host to ask about any additional settings they may be able to activate for you.
4 – Maintain your WordPress plug-ins
It should go without saying that any WordPress plug-ins that you use should be kept up to date at all times. No doubt you are aware that any failure to do so puts your website at risk of being hacked. But did you also know that old plug-ins using outdated scripts can lead to your site slowing down?
What’s more, unused plug-ins in WordPress will sometimes still load, and may use the database, even if they’ve been disabled. A by-product of this is that your site will take longer to load. Make sure that any plug-ins that you don’t use are completely deleted from the website.
At Artemis, we’ve been helping businesses to get the most out of their websites since 2004. From local campaigns for small companies through to global ecommerce sites for international brands, our capable SEO team is fully focused on achieving tangible, measurable results for each client. Why not get in touch to see what we can do for your website?
We live in an increasingly “right here, right now” world.
Much of this is due to the fact that the majority of us these days have a smartphone to hand at all times. This means we have in our pocket the modern-day equivalent of an encyclopaedia, a phone directory, a town guide and numerous other reference sources.
It also means that whereas even just a couple of years ago we would have specific periods of the day when we went online, nowadays we are spontaneous.
We are online for short bursts frequently. It’s as if we’ve gone from online marathons to online sprints. Instead of one or two starts, we’re off dozens of times a day, every day.
They are instances when we want to know, buy and do things or go places. We want to know there and then. We expect to do so.
These are called “micro-moments.” For both buyers and brands, they’re a significant shift in the way of doing and thinking about all things online.
Micro-moments defined
Google termed the phrase in 2015 to describe the instant when people automatically use a device to satisfy a query, want or need – those split-seconds when we need help in making up our minds.
It is a phrase to describe a phenomenon that we all do and are part of creating, even though we never knew it. We have all for some years been naturally looking up an array of things on a device – increasingly a smartphone.
We have a micro-moment moment when we get online to learn, watch, buy, see, discover or do. These are instances packed with intention during which our minds are influenced or made up.
Think mobile. Think speed.
Those potent little computers we have to hand mostly 24/7 mean that now we expect businesses and brands to give us precisely what we want without any hassle of searching around.
We assume with growing confidence that through the might of our little screens we can get straight to the point rather than looking for a needle in the haystack.
It’s a foundational change in the manner we live our online lives. It’s the next stage and the future.
For advertisers and marketers, it’s absolutely massive.
It means online users will often research something from several trusted sources, and then make their choice. There are no longer just a few sporadic “a-ha!” moments of truth; now there are countless moments that matter. So, for instance, you might look up where to eat at the weekend on your smartphone while you’re having a coffee after the gym. Then you reach work. At lunchtime, you book the restaurant that grabbed you over that morning coffee.
As a business, perhaps more so a small business, it means you need to pull people in at that first instant. People are searching across multiple devices, for multiple reasons….and as a brand, you only really get one chance now.
You likely won’t get a second chance. There’s a huge choice out there. You have to be the best.
Even in 2015, Google discovered that 69 per cent of online consumers acknowledged that the point in time, calibre, or how appropriate a brand’s delivery is swayed their interpretation of the company.
So the brands that will be successful in the future are the ones that put effort into these aspects. They need to reach potential customers in the right way and at the right time with the right approach. They need to connect.
The changing face of search
Micro-moments are multiplying. Not many of us can even recall what life was like before we could go, do, learn or buy by using our devices, and this is increasingly our mobile phones.
Everyone now knows they’ll get the details they desire with fewer search words. It’s expecting more for less. And getting it.
And it helps marketers realise which moments most matter most. It is the future. Particularly for small businesses.
This “in the moment” mentality also plays a big part in the rise of video. Particularly with today’s younger audience.
We want answers now. Increasingly a video is a quicker way to find the answer regarding certain queries such as how to increase page margins on a Word document, how to fix the oven or how to change a bulb on the car.
Insatiable desire for information and speed
On a daily basis there’s an incessant desire for instant information – and that needs to be super-fast and accessible on various devices. Or people will go elsewhere, within seconds.
But if you get it right… Google recently discovered that 70 per cent of smartphone owners who bought an item in a shop had looked on their device for applicable info before parting with their cash. It also found when people searched on their mobile, 92 per cent made an associated purchase.
In fact, the same Google research revealed that it’s not just about buying things there and then. It found that 68 per cent of people searched to assist their decision-making about something for the future (with 97 per cent of these on mobile phones).
What helps people in micro-moments?
When a query or a want or need turns up, most of us trust our phones to come up with the right answers. In fact Google found that 96 per cent of smartphone users turn to their mobiles when they need to find out something.
Furthermore, in 2016 Google monitored 1,000 smartphone users on what their search usage was. It discovered that when it comes to searching:
• 40 per cent of users had their queries answers by a search engine (87 per cent turn to search first).
• 19 per cent visited a retailer’s app or website.
• 19 per cent went to another app or website.
• 15 per cent visited a store or other location.
• 12 per cent used a map.
• 10 per cent looked at images/photos on a site or app.
• 8 per cent asked someone online or via a call or text.
• 6 per cent watched an online video.
• 6 per cent used social media.
• 6 per cent connected with a business.
Yes, and the time of searches in the day can be just as vital to customer relationships and sales as to what season of the year it is.
Google did a bit more looking into this and discovered that, not surprisingly, computer and tablet searches most often happen – and overtake mobile searches – during office hours (8am to 6pm). This includes lunchtime. But not all businesses follow these patterns.
Google’s VP of Marketing Lisa Gevelber says:
“Mobile empowers people to be nimble. They can organise themselves as much (or as little) as they like because they know their smartphone is there for them. And, they expect brands to respond by understanding their needs and addressing them right now.
“Consider baby products. In that category, mobile searches reign supreme throughout the day, but show a pronounced peak around 9pm. This behaviour reflects the broader context and mindset of the people behind those queries. After the baby is asleep and parents have some time for themselves, it’s a more fitting time to do some (mobile) research on infant swings and cribs.
“Different queries or subtopics might peak at different times. By digging deeper into various types of intent within your category, you can see interesting patterns during a typical day.”
Its key then to assess these rhythms so websites can be there offering the right thing at the right time. Everything is about helping people as much as possible, and in as personal a way as possible. It’s as if your website or app’s users are your friends.
Why location matters more?
As far back as September 2015 Google’s Lisa Gevelber stated that “near me” or “nearby” Google searches doubled in 2014.
But now she reports that has moved forward – since then searches without the words “nearby” or “near me” have increased by 150 per cent. The reason is that people now expect a search finding to deliver local findings.
Increasingly, we assume that what we are given after a search is relevant to us in terms of place and personality.
“The trends are clear, and we as marketers need to take notice,” Lisa says. “People may be sharing less, but they still expect relevant, accurate information. In fact, people increasingly assume they’ll receive relevant information with fewer explicit inputs.
“They expect a simple word or phrase to deliver the results they’re after when they search. In essence, people are saying ‘don’t make me exert extra effort when you should already know exactly what I want’.”
Companies prepared to go above and beyond will see the best results. For instance, around two-thirds of people searching on their smartphones are much more likely to buy from a brand that has an app or site that is adapted to be relevant to where they are. This is not just desired now – it’s demanded and expected.
So, what’s next in micro-moments?
According to Google’s Senior Vice President of Ads & Commerce, Sridhar Ramaswamy, we are going to keep expecting even more useful details that are even more tailored to us – and to get them even more swiftly.
“I like to think of mobile as the force that’s accelerating a train we’re all now aboard,” he says. “We’re heading toward an age of assistance where, for marketers, friction will mean failure, and mass messages will increasingly mean ‘move on’.
“Successful marketers will have a much deeper understanding of their customers at every encounter. They’ll focus on acquiring a detailed, data-driven view to really know them and help them along their individual journeys.”
He thinks it’s “critical” to get it right – because shrewd changes made today lay the preparations for the future.
“This future is what we at Google have been building toward for the last 18 years with Search.”
In 2016, a study found that the number of people browsing the internet on their mobile overtook desktop for the first time ever. Another article from Search Engine Land found that nearly 60% of search queries were made from mobile devices. The message is clear: mobile matters, and speed is key.
Think about how often you use your mobile to search for information. Now think about how many potential customers might be looking for your business. Ranking highly in Google will help put the spotlight on your website – but poor performance on mobile will turn perspective clients away.
For example, imagine you’re out and about and you want to find out more about where you’re going. Or maybe you’re looking for a café near you or the nearest hardware shop. You pull out your phone, load up Google and click on the first result – but it’s loading too slowly. Think about the last time you were in this situation, how long did you wait before leaving the site and trying another link? Most of us don’t wait very long.
We’ve grown to expect information on our phones at a moment’s notice, and having to wait just simply won’t do. 53% of people will leave a mobile site if it doesn’t load within 3 seconds. If your website doesn’t load quickly on mobile, this will also impact how many people will try and come back.
A study from Google last year showed that 79% of visitors who are unsatisfied with site performance are less likely to buy from the same site again. Whether you’re running a large e-commerce site or a website for your local business, this attitude from mobile users will have a major impact on visits and returns to your site.
Mobile performance is continuing to become more and more important to businesses and SEO. With Google’s mobile-first index continuing to loom on the horizon, it’s now more critical than ever to make sure your site loads quickly on mobile.
Contact us
At Artemis, we are constantly preparing for Google’s mobile-first index and focusing on mobile speed, design and user friendliness. If you would like to discuss this subject or any SEO concerns, get in touch with us today. Visit our blog often for more updates from our SEO Team.
These Subscription Terms set out the terms under which the Reputation Manager Solution, accessed via Subscriptions, is sold by Us to business customers through this website, https://artemis.marketing (“Our Site”). Please read these Subscription Terms carefully and ensure that you understand them before purchasing a Subscription. You will be required to read and accept these Subscription Terms when ordering a Subscription. If you do not agree to comply with and be bound by these Subscription Terms, you will not be able to purchase a Subscription and access the Reputation Manager Solution through Our Site. These Subscription Terms, as well as any and all Contracts entered into by Us are in the English language only.
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“Subscription”
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“Subscription Confirmation”
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Payment for Subscriptions must always be made on a monthly basis in advance by debit or credit card within 30 days from the date of Our invoice. Your card will be charged when We process your order and on each monthly anniversary thereafter. You agree to provide Us with valid, up-to-date and complete payment card details and any other relevant valid, up-to-date and complete contact and billing details and you hereby authorise Us to bill such card on the start date of the Contract for the subscriptionfees payable in respect of the first month and on each calendar monthly anniversary thereafter, until the Contract has been validly terminated by either party.
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The Reputation Manager Solution will be available to you (via the link and unique username and password provided) once We have completed the set-up process, which We aim to do within 5 Business Days following your order and receipt of all required information from you . The Reputation Manager Solution will continue to be available for the duration of your Subscription (including any renewals), or until the Contract is otherwise ended in accordance with these Subscription Terms. We shall use reasonable endeavours to provide you with the features and services set out in Schedule 1. Any agreed dates and timings shall be estimates only and time for performance by Us shall not be of the essence of the Contract. In the event of any delays in your provision of the information and assistance required in clause 5 or agreed by Us and you, We shall not be responsible for any failure to deliver or delays caused in the provision of the Reputation Manager Solution as a result thereof.
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We may suspend provision of the Reputation Manager Solution if We do not receive payment on time from you. We will inform you of the non-payment on the due date, however if you do not make payment within seven Business Days of Our reminder, We may suspend provision of the Reputation Manager Solution until We have received all outstanding sums due from you (with such outstanding sums being paid in full, free from any deductions). If We do suspend provision of the Reputation Manager Solution, We will inform you of the suspension in writing. You will not be charged for any the Reputation Manager Solution while provision is suspended.
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When you purchase a Subscription to access the Reputation Manager Solution, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Reputation Manager Solution for commercial purposes. The licence granted to you does not give you any rights in the Reputation Manager Solution (including any material that We may licence from third parties).
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You acknowledge and agree that We and/or Our licensors own all intellectual property rights in the Reputation Manager Solution. Except as expressly stated herein, these Subscription Terms do not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Reputation Manager Solution.
Acceptable Use
You must not use the Reputation Manager Solution:
to distribute any obscene or illegal material including that which is pornographic, abusive, harmful, threatening, malicious, harassing, fraudulent, obscene, defamatory, discriminatory or that which encourages criminal activities;
for any purpose which is unlawful, fraudulent, or infringes any third-party rights;
in any way which may put Us in breach of a contractual or other obligation owed by Us to any third party (including any internet service provided);
to store, transmit or distribute computer viruses, malware, spyware or any other form of code designed to cause harm or nuisance to hardware or software or to obtain data without consent; or
to link to any other websites or systems hosting any material described above.
We reserve the right to remove content from the Reputation Manager Solution where We reasonably suspect there has been a breach of clause 10.1 and We may suspend any or all of your Subscriptions and/or access to the Reputation Manager Solution while We investigate the matter.
You hereby acknowledge that We do not purport to monitor your use of the Reputation Manager Solution or any content you upload via your use thereof.
Further, you shall not:
attempt to copy, duplicate, modify, create derivative works from, distribute, licence, sell, rent, lease, sublicense, transfer, assign, reproduce, frame, mirror, publish, display or otherwise commercially exploit all or any portion of the Reputational Manager Solution except to the extent expressly set out in these Subscription Terms (if any) or as may be allowed by any applicable law which is incapable of exclusion by agreement between Us and you;
attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Reputational Manager Solution, except as may be allowed by any applicable law which is incapable of exclusion by agreement between Us and you;
access all or any part of the Reputation Manager Solution in order to build a product or service which competes with the Reputation Manager Solution or the features and services as elucidated in Schedule 1 of these Subscription Terms;
use the Reputation Manager Solution to provide services to third parties or to attempt to obtain, or assist third parties in obtaining, access to the Reputation Manager Solution; or
in accordance with clause 20.2, assign or transfer, temporarily or permanently, any of your rights under these Subscription Terms.
Term and Ending Your Subscription
Your Subscription comes into force on the date this Contract is formed (see clause 6) and continues for an initial 12-month minimum term. Thereafter, the Subscription shall be automatically renewed for successive periods of 12 months unless it is terminated by either party in accordance with these Subscription Terms. You must give us at least 30 days’ notice in writing if you do not wish to renew your Subscription at the end of the initial 12-month term. For the avoidance of doubt and to the extent legally permitted, Subscriptions may not be cancelled by you during the initial 12-month term. After the initial 12-month period, you may cancel your Subscription by providing Us with 30 days’ notice, however subject to clause 12 (outlining your rights to cancel arising due to something done by Us). Termination of your Subscription following the initial 12-month minimum will take effect from the end of the then current monthly billing period. Subscription fees will not be refunded for early cancellation or any other reason, unless expressly set out in these Subscription Terms.
Without affecting any other right or remedy available to Us, We may terminate your Subscription and the Contract at any time by giving you 30 days’ notice. We may also terminate your Subscription with immediate effect by giving written notice to you if you: a) commit a material breach these Subscription Terms which is irremediable or (if such breach is remediable) fail to remedy that breach within a period of 14 days after being notified in writing to do so; b) in the circumstances set out in clause 7.3; c) if you enter into liquidation whether compulsory or voluntary (except for the purposes of bona fide reconstruction or amalgamation with Our prior written approval), or compound with or make any arrangement with your creditors or make a general assignment for the benefit of your creditors, or if you have a receiver, manager, administrative receiver or administrator appointed over the whole or substantially the whole of your undertaking or assets; d) if you cease or threaten to cease to carry on its business, or make any material change in your business, or if you suffers any analogous process under any foreign law; or e) if the Reputation Manager Solution is discontinued by the licensor or if Our rights to use and sublicense the Reputation Manager Solution to third parties ends at any time.
If you wish to exercise your right to cancel under this clause 11, you must inform Us of your cancellation by email to man@artemis.marketing, providing Us with your name, address, email address, and telephone number.
Ending the Contract Because of Something We Have Done
If We have suspended availability of the Reputation Manager Solution for more than 30 Business Days, or We have informed you that We are going to suspend availability for more than 30 Business Days, you may end the Contract immediately, as described in clause 8.2. If you end the Contract for this reason, We will issue you with a refund.
If We inform you of an error in the price or description of your Subscription or the Reputation Manager Solution and you wish to end the Contract as a result, you may end it immediately. If you end the Contract for this reason, We will issue you with a pro-rated refund.
You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation.
If you wish to exercise your right to cancel under this clause 12, you must inform Us of your cancellation as described in clause 11.3.
Refunds under this clause 12 will be issued to you as soon as possible, and in any event within 14 days of the day on which you inform Us that you wish to cancel.
Refunds under this clause 12 will be made using the same payment method that you used when purchasing your Subscription unless you specifically request that We make a refund using a different method.
On expiry or termination of these Subscription Terms, all licences granted hereunder shall immediately terminate and you shall immediately cease all use of the Reputation Manager Solution.
Our Liability
Subject to clause 13.3, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, loss of anticipated savings, depletion of or damage to goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss arising out of or in connection with any Contract between you and Us.
Subject to clause 13.3, Our total aggregate liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the equivalent of one month’s worth of the currently ongoing monthly subscription fee payable by you at the time of the claim.
Nothing in these Subscription Terms seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.
Disclaimers
You acknowledge that We rely on third parties making available the Reputation Manager Solution. Unless otherwise expressly set out herein these Subscription Terms, all Subscriptions and the Reputation Manager Solution are provided to you by Us “as is”. We do not warrant that your use of the Reputation Manager Solutionwill be uninterrupted or error-free, that the services and/or the information obtained through the Reputation Manager Solution will meet your requirements, or that it will be free from vulnerabilities. You assume sole responsibility for putting the Reputation Manager Solution to use, for results obtained from the use of the Reputation Manager Solution and for conclusions drawn from such use. We specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and all warranties of suitability, reliability, accuracy, correctness, timeliness, availability, completeness and any warranties arising by statute or otherwise in law or arising from course of dealing, usage, or trade practice. Without limiting the foregoing, We make no warranty of any kind that the Subscriptions and/or the Reputation Manager Solution, or any results of the use thereof, will meet customer’s or any other person’s requirements, operate without interruption, achieve any intended result, be compatible or work with any software, system, or other services, or be secure, accurate, complete, free of harmful code, or error free. We accept no liability for any failures or delays in providing the Reputation Manager Solution for reasons due to third parties, including without limitation, third party licensors, networks, search engines, websites or internet service providers.
You acknowledge that there is no guarantee that the Reputation Manager Solution will result in your website appearing and/or remaining or improving its rankings in the search results on any designated search engine and We accept no responsibility for any negative impact on your site’s search engine ranking or internet traffic.
Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
Confidentiality
Each party may be given access to Confidential Information in order to perform its obligations under these Subscription Terms. A party’s Confidential Information shall not include information that:
is or becomes publicly known other than through any act or omission of the receiving party; or
was in the other party’s lawful possession before the disclosure; or
is lawfully disclosed to the receiving party by a third party without restriction or disclosure; or
is independently developed by the receiving party, which independent development can be shown by written evidence.
Subject to clauses 16.3 and 16.4, each party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party, or use the other’s Confidential Information for any purpose other than the implementation of these Subscription Terms.
Each party may disclose the other party’s Confidential Information to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with these Subscription Terms. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s Confidential Information comply with this clause 16.
A party may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction, provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this clause 16.4, it takes into account the reasonable requests of the other party in relation to the content of such disclosure.
The above provisions of this clause 16 shall survive termination of these Subscription Terms, however arising.
Warranties and Indemnity
By agreeing to these Subscription Terms, you warrant that you have full capacity and authority and all necessary consents to enter into and to perform the Contract with Us and that these Subscription Terms are executed by a duly authorised representative and represents a binding commitment on the entity on whose behalf you enter into this Contract.
You shall defend, indemnify and hold harmless, Us, Our officers, directors and employees against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Reputation Manager Solution and any breach of these Subscription Terms or the Contract.
Communication and Contact Details
If you wish to contact Us with general questions, feedback or complaints, for matters relating to the Reputation Manager Solution or your Subscription, or for matters relating to cancellations, you may contact Us by telephone at 01444 645018, by email at rep.man@artemis.marketing, or by post at Danworth Farm, Cuckfield Road, Hurstpierpoint, West Sussex, BN6 9GL.
How We Use Your Personal Information (Data Protection)
All personal information that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and your rights thereunder.
Both you and We agree to comply with all applicable requirements of the Data Protection Legislation. This clause 19 is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation.
The parties acknowledge that for the purposes of the Data Protection Legislation, You are the controller and We are the processor. You will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of any personal data to Us for the duration and purposes of the Contract.
For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy at https://artemis.marketing/privacy-policy/.
Other Important Terms
We may transfer (assign) Our obligations and rights under these Subscription Terms (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). Your rights under these Subscription Terms will not be affected and Our obligations under these Subscription Terms will be transferred to the third party who will remain bound by them.
You may not transfer (assign) your obligations and rights under these Subscription Terms (and under the Contract, as applicable).
The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Subscription Terms.
If any of the provisions of these Subscription Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Subscription Terms. The remainder of these Subscription Terms shall be valid and enforceable.
These Subscription Terms constitute the entire agreement between Us and you with respect to your purchase of Subscriptions and the Reputation Manager Solution from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Subscription Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
No failure or delay by Us in exercising any of Our rights under these Subscription Terms means that We have waived that right, and no waiver by Us of a breach of any provision of these Subscription Terms means that We will waive any subsequent breach of the same or any other provision.
We reserve the right to revise, amend and/or modify these Subscription Terms from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Subscription Terms as they relate to your Subscription, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with the changes made to these Subscription Terms.
Governing Law and Jurisdiction
These Subscription Terms, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England and Wales.
Any disputes concerning these Subscription Terms, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
SCHEDULE ONE
REPUTATION MANAGER SOLUTION FEATURES AND SERVICES
We will provide you with the following features and services as part of your Subscription and via the Reputation Manager Solution (the list below is not intended to be exhaustive and we provide no warranty that your Subscription and/or use of the Reputation Manager Solutions will achieve any of the ends outlined below):
(a) Help you monitor and grow online customer reviews for your product/service in a password protected dashboard across Google and other relevant review platforms;
(b) Get alerts to respond and manage both positive and negative feedback in a timely manner within the platform;
(e) Grow reviews by sending out customised emails within the platform or independently inviting feedback, including a feedback score and feedback funnel to analyse the success of these campaigns;