Your website represents your business or company and as such can lead to you being sued or fined if things aren’t right. If your website is tracking visitors, recording email addresses, taking orders, forwarding leads, you need to explain to your visitors where their data is going and what to expect as part of the contract. If you give out information, and someone acting on that information is sued, they will pass the buck. If your website gets hacked and starts sending virus’ to people’s computers, you will get sued.

The only way around this is with Terms and Conditions, Disclaimers, Privacy Policies, Linking policies, Anti-spam Policies, Cookies policies…. the list is endless, and that’s just for a basic website!

Officially you should have these drawn up professionally; but that just costs more money.

At a pinch, there are plenty of free T&C templates circulating the web so shop around and find one(s) to suit you. Be aware that all documents are subject to the same copyright as any photograph or text so do not copy and paste anything for which you do not have permission!

One good place to find free templates is www.website-law.co.uk (http://www NULL.website-law NULL.co NULL.uk/)

For custom legal terms and conditions, speak to my friend Sue at http://www.lawhound.co.uk/ (http://www NULL.lawhound NULL.co NULL.uk/) or a friend’s recommendation at http://www.legalfutures.co.uk/ (http://www NULL.legalfutures NULL.co NULL.uk/)

Photograph courtesy of ifindkarma (http://www NULL.flickr NULL.com/photos/ifindkarma/)

We all know that bad spelling can affect a customer’s opinion on your attention to detail, but sometimes it can have an even more painful effect. Today Chelsea FC not only embarrassed themselves by letting a 3-0 lead against Manchester United slip through their fingers, but also rather than advertise their own Chelsea Football Club merchandise on the boards, they instead misspelled their own club name and pointed budding fans to the cybersquatted site chelsefc.com (registered 2004)

It seems that the registrant of chelsefc.com has now blanked the page, but it was allegedly selling quit smoking products and advertising a Leicester city fansite.

Check everything at the design phase before signing the release, check it twice, thrice even! Sleep on it and check it again with fresh eyes! Ask someone else to check it. Once you have signed off any design, it’s done and you have nobody to blame but yourself.

Another thanks to Yahoo! (http://uk NULL.eurosport NULL.yahoo NULL.com/06022012/58/premier-league-chelsea-fc-spell-own-name-wrong NULL.html) for this one and the image.

Our new branding has finally unofficially launched. When we’re split between paid work and our own updates, it’s obvious which gets shelved. Yes we’ve got some wording issues and typos to correct, some pages to beautify but we’re pretty much there! Be sure to check out and ‘Like’ our Facebook page (http://www NULL.facebook NULL.com/ZakoMedia/) for more updates, tips and tricks to getting your website noticed in the sea of indifference known as the Internet and hopefully attract some business in the process.

(http://upload NULL.wikimedia NULL.org/wikipedia/commons/thumb/2/23/Sage_and_apricot_cookie%2C_May_2009 NULL.jpg/300px-Sage_and_apricot_cookie%2C_May_2009 NULL.jpg)

Image via Wikipedia

As of today, most EU based websites are illegal!

In order to track visitors in analytics software, keep track on a visitor’s shopping basket or to serve adverts, a website uses Cookies. These are tiny files with very basic information in which a website already knows about you and stores it on your computer so that when you come back, it can repopulate the data. They’re wonderful little things and while it may sound intrusive, they can only access the information which they already know, they can’t steal card or bank details, they can’t see whether you bought X product on another site.

Anyway, the EU released a directive that ALL EU websites must actively ask permission from the website visitor before using these cookies… every EU website you ever go on will be constantly asking you whether you accept them or not. If you don’t, your website is illegal.

In the UK, we have a year to comply so don’t panic just yet. 26th March 2012 is the deadline for anyone interested.

Personally I feel this law will be retracted or adjusted because it will be a blow for the EU in a very competitive marketplace: Targeted advertising!

In order to target advertising, cookies are completely necessary, EU advertising companies are going to have to comply to this law more than any other company and that’s going to result in fewer impressions and fewer clicks. Advertisers will instead be forced to outsource to the US or other parts of the world where the Cookie (http://en NULL.wikipedia NULL.org/wiki/HTTP_cookie) directive doesn’t apply.

There is a loophole however, firstly the law doesn’t specifically mention cookies, it covers any data left on a user’s computer. Secondly it does say that ‘unless it is completely necessary for the operation a user is performing.

This means your Google tracking cookie is out, but the cookie which keeps track on a user’s shopping cart is in.

The ICO’s own website (the enforcers of this law) have one workaround in the form of a top banner. Unfortunately this is so badly implemented that if you try navigating around the site, some pages break and are unusable because they previously relied on cookies!

Further problems I foresee is the ‘terms and conditions effect’ where users are so used to clicking ‘agree’ without a second thought, to argue that they knowingly opted in is questionable. Users could however be tricked into agreeing to anything. Websites aimed at children would fall into difficulties when a person under 18 isn’t allowed to enter into a contract and therefore any content served would need to be confirmed by an adult before the site can legally use cookies.

It’s a minefield and a very badly thought out one at that.

So technically most EU websites are now illegal, it’s ok for another 12 months and we can all hope that someone with some forward thinking steps in and puts a halt to it or amends it in some way before we’re all spending a fortune getting these added, arguing with WordPress (A US company), and others, about building this into their software, and just becoming desensitised further into ‘agreeing’ to online contracts.

I’m still here! Just not had much time to post. 2010 is drawing to a close and I still haven’t done that thing that someone asked me to do…

I leave you with a little poem for the modern networker.

Ode to the networker

We all ‘network’ with someone we’ve never actually spoken to, give them a call soon and wish them a happy new year.

Your website deals with a lot of potential customers for you. It’s the passive salesman standing out of the way of the customer, but always there when needed. It’s very easy to forget about him and ignore the people he’s dealing with.

DON’T!

I just unsubscribed from a newsletter after seeing a fantastic example of a company with poor understanding of their audience. (at least the online marketing team)

The company in question I use to buy car parts; brake pads, calipers, spark plugs, timing belts etc. for the rare car I have. They are a nationwide company and very popular for the DIY amateur car mechanic, of which I am one.

Today I received their newsletter of offers, the first in 3 years of my dealings with them. The featured “grab my attention” article forcing me to open the email, wasn’t about squirrels chewing through brake lines, or budget vs branded air filters or the benefits of winter tyres, it didn’t introduce me to a new technological advance on biofuel engine conversion possibilities or a spark plug revolution. The article instead used 6 paragraphs of prime “let’s show ‘em what we got” newsletter space to tell me:

How to check your oil level.

I would guess that 90% of drivers know how to check their oil levels, so the 10% might be worth aiming for…  However lets go back, this is a company selling car parts, not air fresheners and baby seats, but wishbones, utility belts, distributor caps and suspension struts. Of the 10% of people who don’t know how to check their oil levels, how many are realistically buying these parts online?

If this were Halfords, or a similar high street car bits and bobs for your every day driver, then educating the 10% of people running on low oil will make them a small fortune, but this is a company who focusses almost entirely on selling parts to DIY mechanics. Any diy mechanic who can’t check the oil level should not be allowed within 10 miles of a motor vehicle.

Your website is a salesman, he should be completely up to date about your company or business, he should have all the information and be able to give it at the right time. If he is trying to educate people, make sure his information is tailored to the people standing in front of him. Don’t alienate 90% of your clients to attract the final 10% who wandered in by accident while looking for Homebase. Alienate the 10% and keep your 90% of good, quality, loyal customers coming back.

I will continue using this car parts company, they are good at what they do, but they’ve lost the ability to market to me despite me being their perfect customer.

No amount of Jargon-free sales pitches will ever truly get across the benefits of working with Zako Media. But for a REALLY dumbed down version. I turn to my old friend XKCD who help keep me sane in times of computer trouble, car trouble, dog trouble… well general problems:

I don’t do this often but I’ve just had an interesting discussion with DRT Auto used car sales and servicing company in Clydach Swansea. A brief history; I saw DRT Auto advertising a few cars on ebay and decided to pop up to Clydach and see what used cars they had in stock. A rather nice Mazda MX6 caught my eye and we started it up and made the basic checks. I spoke to the owner who seemed very defensive when I asked about his returns policy/warranty. He told me outright, they’ll bring it round, I’ll go for a drive and if anything’s wrong, he’ll give my money back.

The day came and DRT autos did indeed deliver the car, pointed out the absence of one brakelight and then left… no test drive, no checks, no nothing. I sorted out the insurance and went for a quick spin around the block. (I’m not used to manual cars so didn’t put any pressure on it.). I picked up Yovina in it, dropped her off and picked her up the next day. Looking outside the window, I noticed a large puddle, after investigation it was spewing water from the water pump. Driving it in this condition will damage the engine, so it’s housebound. Also checking through MOT rules (which is due shortly), the handbrake cable was dangerously loose, one other rear light was missing, and the drivers seatbelt didn’t retract smoothly… After an MOT check, all 4 brakes needed new pads, 2 needed new rotors, and the ABS was failing somewhere causing the warning light to come on. Also one of the suspension struts had failed and the steering had excessive play. This combines made it unfit for purpose under the sale of good act. It also makes it dangerous. Non-essential problems include interior boot light full of water, the heater blower and a/c didn’t work. While minor issues, they did advertise it with A/C. This will be too costly to repair given the value of the vehicle and the complete lack of pressure in the system.

I called DRT Autos straight away and started with the Water pump which they said they would sort. 3 days later, I called them back and they now want to charge me for the repair work and part!

After research, selling a vehicle in this condition is illegal and I am fully in the belief that they are completely liable to repair these issues or offer a full refund. They unfortunately aren’t liable for the heater resistor pack I bought, the Haynes manual or spare bulbs, nor are they liable for the Air conditioning, the water pump nor some of the many other issues this car has. I will be contacting Trading standards in the morning because DRT Autos is not conforming to UK law, have given me a rather expensive and dangerous oversized paperweight when I asked for a car, which I could drive, road worthiness should have been assumed. Trade Centre Wales have just been fined £5000 for a similar case.

In the meantime, I have no car to speak of and am fuming. I have places to go and more importantly, Yovina needs to get to work every day!

*UPDATE 9th March 2010*

Phoned the garage back, I’ve decided to get them to do the work paid or not. If they do charge me, and it wasn’t just an error, I will then go through trading standards. I spoke to the same guy who said the mechanic had a heart attack and is in hospital so they probably can’t do it this week… Part of me wants it to be true so that they’re not just making excuses, the other part doesn’t because well… heart attacks aren’t good. He also told me it should be ok to drive provided I keep topping up with water… do I believe him? Given the MOT failure, this is illegal advice. Posted this question on an MX6 forum so will see what the replies are.

*UPDATE 10th March 2010*

Had a missed call at 8am this morning from DRT Auto. I called back mid afternoon and spoke to the same person as yesterday. The guy who suffered the heart attack is back at work today. (In the days of the credit crunch, I doubt DRT Autos offer sick pay (although I could be wrong) so a speedy recovery is essential.) The person I spoke to said he would come round after work to have a look at it… 20:16pm he’s not arrived… 11th March – Still heard nothing. Will try calling again but keep getting engaged tone… This blog is currently top in Google for ‘DRT Autos’

*UPDATE 11th March 2010*

DRT Auto Mechanic with a heart attack is off again. He offered to come by tonight but I arranged to take the car to their garage tomorrow at 11… At least there I can’t get fobbed off or ignored.

*UPDATE 18th March 2010*

I went in last Friday, the heart-attack mechanic had a look and confirmed it was the water pump. I mentioned the ABS light (which is an MOT failure and potentially dodgy brakes) he just swore about his own nightmare with these and says it’s pretty much a gamble when they come on and off. I tried to explain mine was always on but he went back to another car he was servicing complaining that the water pump replacement was going to be a hellishly long job.

The boss came wandering over and asked if he’d ordered the part, I said I have no idea, he wandered off, came back and said they’ll call me in a couple of days to collect and repair the car… almost a week on, I’ve heard nothing…

*UPDATE – 29th March*

DRT auto still don’t have the part. I phoned Eurocarparts (5 mins from Clydach) and they said they would have one the following day. Indeed they did. I now have a water pump and various other parts needed to make this car roadworthy and legal. The ABS brake problem I’ll need to head to a garage for, as with the brake fluid leak I can’t find. I frankly no longer trust DRT Auto to fix so I have been advised to keep all receipts for any parts and labour and Trading standards will hopefully be working to claim as much back from the garage as possible.

When I first visited, the mechanic (the one who later had a heart attack) complained of people braking into the grounds, smashing windscreens etc. I have a feeling I know why, they probably sold them a car too.

*UPDATE – 10th April 2010*

It’s official, I sent the car in for an MOT. Rear brake disks excessively pitted. Excessive play in steering system, Serious leak in 1 shock absorber leaving it with negligible damping effect, parking brake recording little or no effort, ABS faulty.

I found the brake fluid leak and tightened a bolt to keep it contained. I have also given the seatbelts a good clean to aid their retraction so these managed to get through. Alarmed at everything else wrong with it. Drove in with MOT report he booked me in on Monday to repair and booked an MOT on Tuesday.

*UPDATE 19th April 2010 *

Brought car in to DRT Autos in Clydach as requested on the Monday for repair. He sent me to the cafe to talk to heart attack guy for costings… At this stage I don’t care about prices, I just need this done before I commit suicide. We walked back up to the garage and he made a list of parts. He then sent me home and said he’d order the parts in and give me a call then started whining about their incompetent suppliers… deja vu here, we’ve done this bit with the water pump… They still don’t have one of these in the garage, I asked. I guess we’re missing the MOT booking tomorrow then Dave? 6 weeks and counting. Still no water pump, and quickly losing my sanity!

DO NOT USE DRT AUTO IN CLYDACH, THEY SOLD ME AN UNROADWORTHY VEHICLE ILLEGALLY AND HAVE BEEN NOTHING BUT TROUBLE EVER SINCE

*UPDATE 18th October 2011*

DRT Autos have changed their name a few times but still never got back to me. I paid for the repairs with other garages namely Mitch’s Auto services who did a fine job on an exhaust when the rust bit through and DL motors who helped with CV boots and my last MOT. These have both been brilliant. DRT Autos it seems are still trading, the names appear in comments from other unsatisfied customers below. I can’t accept liability for these as I have not dealt with David at DRT since.

I should also add that Trading standards is a load of poo. I spoke to the CAB who basically told me ‘Buyer Beware’ and that even if I did win in court, I would have to give the car back before they owed me a refund and even then they could delay payment or claim poverty so I would be without car AND money. Consumer protection when buying from dealers is on paper only and doesn’t really exist.

I get asked this time and time again. Most people I meet start out wanting a non-geographic number as they feel an 0845 or even an 0800 number looks more professional. This is not always a good thing but does have it’s place.

For local businesses, a local number is always best as you demonstrate instantly that you’re in your target market’s area code. A mobile number can work depending on the type of business but usually best avoided for initial advertising as it suggests you’re on your own and rarely in.

If you deal with small businesses, they tend to call from mobiles due to very good mobile packages with included minutes. Most mobiles are charged for 0800 numbers and most 0845 calls are outside their allowance. A local number however is included no matter where you are in the country. If you’re marketing to the whole country, presumably locality doesn’t matter anyway and potential clients shouldn’t be put off by the fact that you’re based many miles away.

If you deal internationally, the 0845 may not work and the 0800 will not be free (yet you will still be charged for receiving). A local number is still best.

If you are a B2C however and tend not to work with other businesses, an 0800 can get good results. Many consumers still rely on mobile so offering a local number as an alternative on your contact page might help capture those people. Other NGN’s can also work depending on the type of business but with scams appearing left right and centre, any variation of 0845 and even 0845 can lead to a lack of trust. I would advise offering a local number as an alternative on your contact page.

Mostly it’s all pennies when it comes to calling various numbers, but these pennies can make a huge difference as to who calls you.

A mobile number suggests solitary worker, hard to get hold of and never in the ‘office’. If I get through, I know I’ll be able to speak straight to the person I want.

An 0800 number suggests a solid call centre. Free to call from landlines but I wouldn’t want to call when out and about as it will cost me. Might be difficult to speak to a specific person. Not sure where they’re located so can’t pre-think a meeting request. Might have to sit through automated services.

An 0845 number suggests a solid call centre. Will cost me every time I call, might be difficult to speak to someone specifically. Not sure where they’re located so can’t pre-think a meeting request. Might have to sit through automated services.

A landline number (locally) suggests a solid office. Free from my mobile, the person I want to speak to is probably near the phone. Handy as their office is just down the road so before calling, I’ll get a list of dates and times we could meet.

A landline number (non local) suggests a solid office. I know where they are, I may not be able to meet them but I know this before calling. The person I want to speak to is probably near the phone.

As a side point: When printing business cards with your name, ALWAYS include a direct line or mobile, a direct email address and optionally twitter, linkedin, ecademy links.

Starbucks is a huge name, some say it’s better known than any car company in the US and one that is known and trusted in the UK.

But does the Starbucks brand image goes against everything it stands for? If Starbucks want to be the local coffee shop and not an overused high street cliché, then the billions of dollars building the Starbucks empire has gone slightly off-track.

To tap into the ‘local’ market, Starbucks have just opened a remodelled coffee shop called ’15th Avenue Coffee & Tea’ in Seattle. No green logo, no motif on cups, just a nice, modern, friendly, local coffee shop. They will be open throughout the night and provide tailor-made drinks and atmosphere. After covertly researching other local coffee houses, they realised that there is a massive untapped market of independent coffee drinkers who aren’t interested in going corporate.

Few others seem to understand this move, but having been brought into business almost entirely through social networking, it makes sense to see someone trying the small business approach. How will it work? Watch this space.

The lesson to learn here isn’t actually that branding can work against you, it’s about making the branding reflect the image you want to give out. Virgin has always been the rebel brand, ‘Ryan air’ the budget, pay only for what you want brand. Would Ryan Air now be able to offer a full first class service like BA? Absolutely not, consumers would be confused at the apparent price-hike and Ryan Air’s branding would go kaput.

McDonalds, like Starbucks has built it’s own niche empire, they keep trying to dip in to the local market, but they will forever be known as a fast food chain with little or no personality in it’s stores. A McDonalds in Venice is identical to one in North London. If McDonalds wanted to launch a proper cuisine and expensive exotic menu, they would fail. It makes perfect sense therefore for Starbucks to introduce a new concept to differentiate itself from the brand and give it a little flair. You’ll never see a chain of ’15th Avenue Coffee & Tea’s, but that’s the point, that’s the brand. The strength of Starbucks and the personality of an independent, such a beautiful combination. We know Starbuck’s underlying ethics, we know the quality, but now we get the personality.

A brand doesn’t have to be attached to a logo, especially if that’s exactly what you don’t want. Branding is much much deeper than a swanky logo and colour scheme. It’s everything.