Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern the provision of services by Hyper Scale Local ("we", "us", "our", "the Company"), a trading name of Hyper Scale Marketing Ltd (Company Number 17144477, registered in England and Wales), to you ("the Client", "you", "your"). By subscribing to any of our service plans or engaging us to carry out work on your behalf, you agree to be bound by these Terms in full.

Please read these Terms carefully before subscribing. If you do not agree with any part of these Terms, you should not proceed with subscribing to our services.

These Terms, together with any Order Confirmation or service agreement issued by us, constitute the entire agreement between you and the Company. They supersede all prior discussions, representations, and arrangements, whether written or oral.

2. Definitions

In these Terms, the following definitions apply:

• "Company" means Hyper Scale Local, a trading name of Hyper Scale Marketing Ltd (Company Number 17144477), a company registered in England and Wales. The Company's registered office is at Unit 15, No. 2, Bulrushes Farm, Coombe Hill Road, East Grinstead, West Sussex, RH19 4LZ. The Company's principal place of business and correspondence address is Unit 1, The Barns, Bulrushes Business Park, Coombe Hill Road, East Grinstead, West Sussex, RH19 4LZ. All correspondence should be directed to the principal place of business unless otherwise stated.
• "Client" means the individual, sole trader, partnership, or business entity that subscribes to the Company's services.
• "Services" means the local SEO, Google Business Profile optimisation, Bing Places management, website development, AI search optimisation, and any other digital marketing services provided by the Company as described in the applicable service plan.
• "Service Plan" means the specific tier of service the Client has subscribed to, being one of: Local Essentials, Local Growth, or Local Command.
• "Website" means any website built by the Company for the Client as part of the Local Growth or Local Command service plans.
• "Domain" means any domain name registered or managed by the Company on behalf of the Client as part of the Services.
• "Billing Period" means each consecutive 30-day period from the date of the Client's subscription.
• "Onboarding Period" means the first four (4) months of the Client's subscription, during which the Company establishes, optimises, and builds the Client's local search presence.
• "Client Materials" means any text, images, logos, photographs, data, or other content provided by the Client to the Company for use in delivering the Services.
• "Recommendations" means any instructions, requests, or guidance issued by the Company to the Client that the Company considers necessary for the effective delivery of the Services.

3. Services

The Company provides local SEO and digital marketing services to businesses across the United Kingdom. The specific services included in each Service Plan are described on our website and in any Order Confirmation provided to the Client at the time of subscription.

The Company currently offers three Service Plans:

• Local Essentials (from £99 per month): Google Business Profile optimisation and management, Bing Places setup and optimisation, weekly geotagged photo posts, local citation building, review monitoring and response management, GBP protection, quarterly performance reports, and a free audit of any existing website.
• Local Growth (from £169 per month): Everything in Local Essentials, plus a professionally built, mobile-responsive website designed specifically for local search performance, including domain, hosting, SSL, local schema markup, Google Maps integration, service-area pages, and ongoing content updates and maintenance.
• Local Command (from £279 per month): Everything in Local Growth, plus AI search visibility monitoring and optimisation across Google, ChatGPT, and other AI-powered search platforms, including AI-optimised website content and ongoing improvements as AI search evolves.

The Company reserves the right to update the scope of Services within each plan from time to time. Any material changes will be communicated to the Client in writing with at least 30 days' notice.

The Company will perform all Services with reasonable care and skill, in accordance with the Consumer Rights Act 2015.

4. Client Obligations

The success of our Services depends on the Client's active cooperation. By subscribing to any Service Plan, the Client agrees to the following obligations:

• The Client shall provide the Company with full and timely access to all accounts, platforms, and information reasonably required to deliver the Services. This includes, but is not limited to, Google Business Profile access, Bing Places access, website hosting credentials (where applicable), and any existing analytics or search console accounts.
• The Client shall respond to reasonable requests for information, approvals, or feedback within five (5) business days of the request being made. Failure to respond within this timeframe may result in delays to the delivery of the Services, for which the Company shall not be held responsible.
• The Client shall implement all Recommendations issued by the Company that the Company considers necessary for the effective delivery of the Services. Recommendations may include, but are not limited to: updating business information, responding to customer reviews in a timely manner, providing photographs or content, making changes to business operations that affect local search visibility, and maintaining accurate and consistent business details across all platforms.
• If the Client fails to implement the Company's Recommendations, the Company cannot and shall not be held responsible for any underperformance, lack of results, or failure to achieve the Client's desired outcomes. The Company's obligation is to provide expert guidance and carry out the work within its control. Results are contingent on the Client fulfilling their obligations as set out in these Terms.
• The Client warrants that all Client Materials provided to the Company are accurate, not misleading, and do not infringe any third-party intellectual property rights, and the Client shall indemnify the Company against any claims arising from the use of Client Materials.
• The Client shall not engage any third party to carry out work that conflicts with, duplicates, or undermines the Services being provided by the Company without the Company's prior written consent.

5. Onboarding Period and Results Expectations

Local SEO is not an overnight process. Building, optimising, and establishing a strong local search presence takes time. The Client acknowledges and agrees to the following:

• The Company strongly recommends that the Client remains subscribed for a minimum of four (4) consecutive months from the date of subscription. This period, referred to as the Onboarding Period, is the time required for the Company to carry out the foundational work necessary to deliver meaningful and measurable results, including profile optimisation, citation building, content creation, website development where applicable, and the establishment of search engine trust signals.
• The Company cannot and does not guarantee specific results within any timeframe shorter than four months. Where a Client cancels before the end of the four-month Onboarding Period, the Company cannot be held responsible for any perceived lack of results, as the foundational work will not have had sufficient time to take effect.
• The Client may cancel at any time in accordance with Clause 8. There is no binding minimum commitment period and no financial penalty for early cancellation. The Company's recommendation to allow four months is provided in good faith to manage expectations and ensure the Client gives the work the best possible chance of success.
• The Company will provide the Client with regular updates during the Onboarding Period to demonstrate progress and the work being carried out.
• The Company does not guarantee specific rankings, positions, or results. Search engine algorithms are controlled by third parties including Google and Microsoft and are subject to change without notice. The Company will use its expertise and best efforts to improve the Client's local search visibility, but no specific outcome can be guaranteed.
• Where the Client has failed to implement the Company's Recommendations during the Onboarding Period, the Company shall have no liability whatsoever for any perceived underperformance or failure to achieve the Client's expectations.

6. Website Ownership and Licensing

This clause applies to Clients subscribed to the Local Growth or Local Command Service Plans, where a website is built and maintained by the Company as part of the Services.

• The Website remains the intellectual property of the Company at all times. The Client does not own the Website. The Client is granted a non-exclusive, non-transferable licence to use the Website for the duration of their active subscription. This licence is conditional upon the Client maintaining an active, paid subscription to a Service Plan that includes website services.
• The Website is provided as part of the Service Plan and is not a standalone product. It is designed, built, hosted, and maintained by the Company to support the Client's local search performance.
• Upon cancellation or termination of the Client's subscription, the licence to use the Website is revoked immediately. The Company will take the Website offline within 14 days of the subscription ending, unless the Client has exercised their right to purchase the Website (see below).
• The Client may purchase full ownership of the Website. The purchase price will be provided on application and will be determined by the Company at its sole discretion, taking into account the complexity, content, and functionality of the Website. Upon receipt of full payment, the Company will transfer ownership of the Website files and grant the Client a perpetual, irrevocable licence to use the Website design, code, and content.
• The Client may not copy, reproduce, reverse-engineer, redistribute, resell, or create derivative works from the Website without the Company's prior written consent.
• Any content provided by the Client (such as text, photographs, and logos) remains the Client's property. However, the design, code, structure, layout, and any content created by the Company remain the Company's intellectual property.

7. Domain Name Ownership

This clause applies where the Company registers or manages a domain name on behalf of the Client as part of the Services.

• Any domain name registered by the Company as part of the Services remains the property of the Company. The Client is granted a licence to use the domain for the duration of their active subscription. The domain is included as part of the Service Plan and is not a standalone product.
• Standard .co.uk and .com domains are included in the Local Growth and Local Command plans at no additional cost. Premium domains, country-specific extensions, or domains with higher registration fees may incur an additional charge, which will be agreed with the Client in advance.
• Upon cancellation or termination of the Client's subscription, the Company retains ownership of the domain. The domain will cease to point to the Client's website within 14 days of the subscription ending.
• The Client may purchase full ownership of the domain name. The transfer price will be provided on application and will be determined by the Company at its sole discretion. Upon receipt of full payment, the Company will initiate the domain transfer process to the Client's nominated registrar account.
• The Company will not sell, transfer, or redirect the domain to a competitor of the Client for a period of 12 months following the end of the Client's subscription, provided the Client's account was in good standing at the time of cancellation.
• If the Client already owns a domain and wishes the Company to manage it as part of the Services, the Client retains ownership of that domain at all times. The Company will require appropriate access to manage DNS settings and will return full control upon cancellation.

8. Cancellation and Termination

• The Client may cancel the Services at any time by providing 30 days' written notice to the Company via email to [email protected]. The Company strongly recommends allowing at least four months before cancelling, as this is the time required to deliver meaningful results. However, there is no binding minimum term and no financial penalty for cancelling at any point. The cancellation will take effect at the end of the current Billing Period following the expiry of the 30-day notice.
• The Company may terminate the agreement immediately by written notice if the Client: (a) fails to pay any amount due within 14 days of the due date; (b) breaches any material term of these Terms and fails to remedy the breach within 14 days of being notified; (c) becomes insolvent, enters administration, or ceases to trade; or (d) engages in conduct that, in the Company's reasonable opinion, brings the Company into disrepute.
• Upon termination for any reason: (a) the Client's access to all Company-managed platforms and tools will be revoked; (b) any Website built by the Company will be taken offline within 14 days; (c) any domain registered by the Company will cease to point to the Client's website within 14 days; (d) the Client remains liable for all fees incurred up to and including the date of termination.
• The Company will make reasonable efforts to ensure a smooth transition upon cancellation. Where the Client owns their own Google Business Profile, the Company will remove itself as a manager within 14 days. Where the Company created the profile on behalf of the Client, ownership transfer will be handled on a case-by-case basis.
• Cancellation does not entitle the Client to a refund of any fees already paid, including the first month's setup fee.

9. Fees and Payment

• The fees for each Service Plan are as stated on the Company's website at the time of subscription. The first month's fee includes a one-off setup charge.
• All fees are quoted in pounds sterling (GBP) and are exclusive of VAT unless otherwise stated. If the Company becomes VAT-registered, VAT will be added to all invoices at the prevailing rate.
• Payment is collected automatically via Stripe on a recurring 30-day cycle. The Client is responsible for ensuring that their payment method remains valid and has sufficient funds.
• If a payment fails, the Company will notify the Client and allow 7 days for the payment to be resolved. If payment is not received within 14 days of the due date, the Company reserves the right to suspend or terminate the Services immediately.
• The Company reserves the right to increase fees with 30 days' written notice. If the Client does not agree to the increase, they may cancel the Services in accordance with Clause 8.
• No refunds will be issued for partial months, unused services, or the setup fee included in the first month's payment.

10. Intellectual Property

• All intellectual property created by the Company in the course of delivering the Services, including but not limited to website designs, code, content, graphics, reports, strategies, and methodologies, remains the sole property of the Company unless expressly transferred in writing.
• The Client retains ownership of all Client Materials provided to the Company. The Client grants the Company a non-exclusive, royalty-free licence to use Client Materials for the purpose of delivering the Services for the duration of the agreement.
• The Client shall not use, copy, modify, or distribute any of the Company's intellectual property without prior written consent.
• The Company reserves the right to use the Client's business name, logo, and a general description of the work carried out as a case study or reference on the Company's website, marketing materials, and social media, unless the Client requests otherwise in writing.

11. Limitation of Liability

• Nothing in these Terms excludes or limits the Company's liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by law.
• Subject to the above, the Company's total aggregate liability to the Client in respect of all claims arising under or in connection with these Terms shall not exceed the total fees paid by the Client to the Company in the 12 months immediately preceding the claim.
• The Company shall not be liable for any indirect, consequential, special, or incidental losses, including but not limited to: loss of profit, loss of revenue, loss of business, loss of data, loss of goodwill, or loss of anticipated savings, whether or not such losses were foreseeable.
• The Company shall not be liable for any loss or damage arising from: (a) changes to search engine algorithms or policies by Google, Microsoft, or any other third party; (b) the Client's failure to implement the Company's Recommendations; (c) inaccurate, incomplete, or misleading Client Materials; (d) actions taken by the Client or any third party that undermine the Services; or (e) circumstances beyond the Company's reasonable control (see Clause 14: Force Majeure).
• The Company does not warrant that the Services will result in any specific ranking, position, traffic level, or number of enquiries. All projections, estimates, or expectations discussed are provided in good faith but are not guarantees.

12. Indemnification

The Client agrees to indemnify, defend, and hold harmless the Company, its directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from or in connection with:

• The Client's breach of any term of these Terms.
• Any claim that Client Materials infringe the intellectual property rights of a third party.
• Any claim arising from inaccurate, misleading, or unlawful information provided by the Client.
• The Client's failure to comply with applicable laws, regulations, or industry standards.

13. Data Protection

The Company will process personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Full details of how we collect, use, and protect personal data are set out in our Privacy Policy.

Where the Company processes personal data on behalf of the Client in the course of delivering the Services (for example, customer review data or contact information), the Company acts as a data processor and the Client acts as the data controller. Both parties agree to comply with their respective obligations under UK GDPR.

14. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to: acts of God, fire, flood, severe weather, epidemic or pandemic, war, terrorism, civil unrest, strikes, government action, power failure, internet or telecommunications failure, or failure of third-party services (including Google, Microsoft, Stripe, or hosting providers).

The affected party shall notify the other party as soon as reasonably practicable and shall use reasonable efforts to mitigate the effects of the force majeure event.

15. Confidentiality

Each party agrees to keep confidential all information of a confidential nature received from the other party in connection with these Terms, and not to disclose such information to any third party without the prior written consent of the disclosing party, except where disclosure is required by law, regulation, or court order.

This obligation of confidentiality shall survive the termination of the agreement for a period of 24 months.

16. Third-Party Services

The Services may involve the use of third-party platforms, tools, and services, including but not limited to Google Business Profile, Google Maps, Bing Places for Business, Stripe, and various hosting and analytics providers. The Company is not responsible for the availability, performance, terms, or policies of any third-party service.

Changes made by third-party providers to their platforms, algorithms, terms of service, or policies may affect the delivery or effectiveness of the Services. The Company will adapt its approach where possible but cannot guarantee continuity of results where third-party changes are beyond its control.

17. Amendments

The Company reserves the right to amend these Terms from time to time. Any material changes will be communicated to the Client in writing with at least 30 days' notice. Continued use of the Services after the effective date of any amendment constitutes acceptance of the revised Terms.

If the Client does not agree to the amended Terms, they may cancel the Services in accordance with Clause 8, provided notice is given before the amended Terms take effect.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

19. Entire Agreement

These Terms, together with any Order Confirmation or service agreement issued by the Company, constitute the entire agreement between the parties in relation to the Services. They supersede all prior negotiations, representations, warranties, undertakings, and agreements, whether written or oral.

The Client acknowledges that they have not relied on any statement, promise, representation, assurance, or warranty made or given by or on behalf of the Company that is not set out in these Terms.

20. No Waiver

No failure or delay by either party in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy. A waiver of any right or remedy on one occasion shall not be deemed a waiver of that right or remedy on any subsequent occasion.

21. Third-Party Rights

These Terms do not confer any rights on any person or party other than the parties to these Terms and, where applicable, their successors and permitted assigns, pursuant to the Contracts (Rights of Third Parties) Act 1999.

22. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

23. Complaints

If you are dissatisfied with any aspect of our Services, please contact us in the first instance so that we can attempt to resolve the matter:

Email: [email protected]

Phone: 01342 612161

Principal Place of Business: Unit 1, The Barns, Bulrushes Business Park, Coombe Hill Road, East Grinstead, West Sussex, RH19 4LZ

Registered Office: Unit 15, No. 2, Bulrushes Farm, Coombe Hill Road, East Grinstead, West Sussex, RH19 4LZ

Company Number: 17144477 (registered in England and Wales)

We aim to acknowledge all complaints within 2 business days and to provide a full response within 14 business days.