Mobile Design Service Agreement

Seo-Xpress.com, an division of Club Web Pty Ltd is a Mobile Website Design service provider. This Service Agreement will establish the terms and conditions on which Seo-Xpress.com provides services to the Client as per the Mobile Website Design service advertised on the following page: https://seo-xpress.com/mobile/. Therefore please review this Service Agreement carefully.

Client understands and agrees that he or she must own or have control of the domain name specified in the agreement; that only root domains (www.domain.com) and their subsequent pages will be optimised for Mobile Website Design by Seo-Xpress.com and that any Mobile services including Mobile Website Design and techniques provided can not be copied, used or moved to any domain name, or otherwise distributed.

Seo-Xpress.com agrees to review and optimise existing web pages for Mobile Website Design and use current acceptable techniques to enable the designated domain name to be viewed on a mobile phone; and continue to provide these services on a monthly basis until no longer required or cancelled. The term of this agreement is 1 month renewable after this period is completed.

Seo-Xpress.com reserves the right to make certain requests of the Client that are in the best interests of the Client achieving a website that can be properly viewed in a mobile phone. Such requests include, and are not limited to: removing or modifying frames within web pages, adding additional relevant text and other content to the Mobile website. If Client chooses to ignore, change or not implement the recommended changes, the results of the Mobile Website Design service provided by Seo-Xpress.com may not be successful and the service will be null and void. In each case, Seo-Xpress.com will advise the Client in writing of situations that invalidate the service.

Seo-Xpress.com will modify and create code for the Client’s domain so that the website automatically redirects to a mobile enabled site when viewed on a mobile device. Client has the option to upload the code themselves, have Client’s webmaster upload them, or grant Seo-Xpress.com access to Client’s website to upload code to Client’s domain. Client agrees and understands that failure to properly upload any code within 7 days of receiving this data; or failure to provide Seo-Xpress.com with access to the Client’s website, for such upload, within 7 days, will hinder Seo-Xpress.com’s ability to perform in a timely manner, and thus will render the service null and void.

Seo-Xpress.com will run monthly Google Analytics reports for all Clients’ sites detailing the previous months’ site statistics. Clients will be sent a copy of the report via email.

Client has the option to upgrade to any of the Seo-Xpress.com search engine optimisation services and will be charged at the advertised current rates.

Seo-Xpress.com reserves the right to reject, at its sole discretion, any project.

1. SERVICES TO BE RENDERED. Seo-Xpress.com agrees to perform the following Web design services:

Mobile Web Site Design including META TAG keyword parameters – Custom Graphic Design: logo(s), navigation bar, buttons. Optional features with individual charges may apply. Additional pages $100.00 each. All services described herein are to be performed by Seo-Xpress.com or its contractors in accordance with the most commonly accepted standards and practices of the Web Services Industry. That is to say, we will use web site design technologies that are most universally acceptable in order to satisfy the broadest web market possible.

2. COST. Notwithstanding any prices listed in literature or on Web pages, the client and Seo-Xpress.com agree that the services described in this contract shall be completed for the advertised price on Seo-Xpress.com or Seo-Xpress.com promotional material.

3. ADDITIONAL SERVICES. The terms and conditions set forth in this document constitute the sole agreement between Seo-Xpress.com and the client regarding this Web site. Any additional work not specified in this contract must be authorized in writing. Should the client desire additional standard Web pages beyond the original number of pages specified above, the client agrees to pay Seo-Xpress.com an additional $60 per hour.

4. PERFORMANCE. Seo-Xpress.com agrees to submit a first draft of the Web Site no later than 14 days (not including public holidays). Seo-Xpress.com agrees to provide the completed Web site within 14-21 business days of receipt of the online brief submittal.

5. TRADEMARKS & COPYRIGHTS. The client represents to Seo-Xpress.com and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Seo-Xpress.com for inclusion in Web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Seo-Xpress.com from any claim or suit arising from the use of such to Seo-Xpress.com. Copyright to the assembled work of Web pages produced by Seo-Xpress.com is owned by Seo-Xpress.com. Upon final payment of this contract, all rights owned by Seo-Xpress.com as to the design, graphics, and text in this Web site transfer to the client.

Cancellation of Service

If the client makes any changes to the source code created by Seo-Xpress.com without the advice of Seo-Xpress.com or does not implement the changes advised by Seo-Xpress.com in order to improve the visibilty of the Client’s web site on mobile devices, any service in place may be considered null and void at the discretion of Seo-Xpress.com and if applicable any payment owing will become due immediately.

Cancellation fee

Client understands they are entering into a monthly automatically renewable contract with Seo-Xpress.com and if they wish to terminate the contract prior to the months due date, for any reason, there are NO cancellation fees on top of fees already collected. The client is not entitled to a refund on any on monies collected previously.

Rights of Seo-Xpress.com

Seo-Xpress.com reserves the right to cancel the contract with immediate effect if it believes the material or the Web Site to be obscene, unfair, untrue or otherwise unworthy of inclusion on the internet. The discretion of Seo-Xpress.com in this respect will be absolute. Seo-Xpress.com shall refund such proportion of the charges as relate to any of the services not performed or performed only in part minus any expenses incurred to that date.

Contract Renewal

At the end of the Term neither Seo-Xpress.com nor the Client is obliged to renew this contract. By mutual agreement, the contract may be renewed. If no notification is received from the Client 7 days before the service renewal date, the service will be automatically renewed and the amount due automatically deducted by credit card on the date of renewal unless cancelled by the Client.

Refunds

In the event the Client terminates this contract by registered letter within 7 days, 50% of payment will be refunded unless the site has already been completed. No portion of this initial payment will be refunded unless written application is made within 7 days of this contract being validated by payment receipt.

Refund request must be submitted by registered mail to Seo-Xpress.com, P.O. Box 1261, Double Bay NSW 1360.

Refund payments will be paid during the first week of the 2nd month from cancellation date.

Upon Termination Of Agreement

Seo-Xpress.com will not be held responsible for lost site visibility on mobile devices after service is discontinued.

There is no guarantee that once a service has been discontinued, that it will continue to display properly on mobile devices. Changes in search engine algorithms and mobile phone technology may influence the way a site displays on a mobile device as time passes.

If Seo-Xpress.com terminates clients’ account and ceases delivery of the content of the clients’ website for any reason, the termination does not exclude or limit Seo-Xpress.com’s claim for any unpaid fees, interest, indemnification or other remedy to which Seo-Xpress.com would otherwise be entitled. This Service Agreement identifies some reasons Seo-Xpress.com might terminate the account. However, Seo-Xpress.com is not limited to these reasons and retains the right to terminate clients’ service and account for any reason, at Seo-Xpress.com’s sole judgment and discretion, provided such reason is not prohibited by law.

Hosting

The Client agrees that their website is not hosted on free webspace using domain forwarding (either framed or otherwise).

In cases where there is either concern that the current hosting IP address may be part of a ‘bad neighborhood’ or for reasons of mobile site optimisation, Seo-Xpress.com may request the client to change web hosting provider.

Access To Client Website

The Client grants authority to submit the Web Site pages being created to Search Engines and directories.

The client must provide Seo-Xpress.com with log-on information (ftp address, username and password) to allow Seo-Xpress.com to gain FTP access to the website. Seo-Xpress.com will maintain confidentiality of log-in information. Seo-Xpress.com recommends that you regularly change all passwords after completion of work however client must always inform Seo-Xpress.com of these changes.

You must inform your webmaster or anyone else who has access to the Web site that we are performing services on the site.

Client must inform Seo-Xpress.com of any changes made to the website while Seo-Xpress.com is performing the service. Changes made whilst Seo-Xpress.com are working on the site may result in the Cancellation of said service.

The client must allow implementation of all mobile site optimisation strategies on their website.

Warranties And Indemnity

The client warrants to Seo-Xpress.com at all times that the material included in the Web Site: (a) is not in breach of the Intellectual Property rights of any third party . (b) is not obscene within the definition of the Obscene Publications Act 1959 or any other relevant provision, statute, . (c)is not in breach of any code or provision of statute or common law or otherwise in force from time to time in relation to Advertising of Goods or Services. (d) contains no element of comparative advertising which is in breach of the Control of Misleading Advertisements (Amendment) Regulations 2000 . (e) is not in breach of the Defamation Act 1996 or any other relevant provision, . (f) does not contain any misleading price comparison in breach of Consumer Protection Act.

Termination for breach, insolvency or frustration

Either party may by written notice to the other terminate this agreement immediately if one of the following events occurs:-

(a) either party goes into liquidation or makes any arrangement or composition with its creditors or is otherwise unable to pay its debts within the meaning of Section 123 Insolvency Act 1986; (b) either party’s ability to carry out its obligations under this agreement is prevented or substantially interfered with for any reason for a period in excess of three months (whether or not within the control of such party) including without limitation by reason of any regular law decree or any act of state or any other action of a government.

Payment for Services

Seo-Xpress.com will not commence services until payment is received from Client.

Client is responsible for notifying Seo-Xpress.com of any change in contact information and or credit card information, including but not limited to: Mailing address, Phone numbers, Fax numbers, Email address and credit card expiry date.

Client agrees they will not process a charge back against Seo-Xpress.com. In the event of a payment dispute, Client agrees to contact Seo-Xpress.com directly to find a fair resolution to the situation. Seo-Xpress.com will dispute any charge backs that are processed by the Client, in the event of a disagreement with Seo-Xpress.com’s compliance of this agreement, and a fee may be charged to the Client, as applicable by law.

Seo-Xpress.com’s credit terms are 7 days from date of invoice and the client agrees to pay interest of 2% per month in respect of fees still outstanding 7 days from date of invoice unless extended credit terms have been agreed in writing.

By accepting this Service Agreement, client authorises Seo-Xpress.com to charge the clients’ valid credit card for the appropriate fees when due for the services provided. Company will issue client with an invoice receipt when charged. Client may change the credit card information supplied if client chooses to charge a different card as long as adequate notice is given. If for any reason the charge is not paid by clients’ credit card issuer, Seo-Xpress.com will assess interest on all unpaid charges at a rate of 2% per month (or the maximum rate allowed by law if it is lower) until paid plus a once only $25 late penalty fee. Seo-Xpress.com also reserves the right to terminate clients’ service and account for non-payment at any time.

Loss of Service

Seo-Xpress.com accepts no liability for loss of service, unavailability of files, damage of data, misuse of equipment by other clients, failure of any externally managed equipment or communications devices or other services deemed to be beyond Seo-Xpress.com’s control.

In no event will Seo-Xpress.com be liable to the client or any third party for any direct, indirect or consequential damages, including, but not limited to, any lost sales or profits, lost savings or additional costs arising out of the operation of or inability of the program to operate, even if Seo-Xpress.com has been advised of the possibility of such damages.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not effect the validity and enforceability of any remaining provisions.

NOTE: YOUR SIGNATURE ON A PRINTED COPY OF THIS AGREEMENT IS NOT REQUIRED IN ORDER FOR THE AGREEMENT TO BE LEGALLY BINDING ON YOU. YOUR USE OF OUR MOBILE WEBSITE DESIGN SERVICES SHALL CONSTITUTE A VIRTUAL SIGNATURE, HAVING THE SAME FORCE AND EFFECT AS IF YOU HAD ACTUALLY SIGNED A PRINTED COPY OF THIS AGREEMENT.