Seo-Xpress.com, a division of Club Web Pty Ltd, is a Reputation Management service provider. This Service Agreement will establish the terms and conditions on which the Company provides services to the Client. Therefore please review this Service Agreement carefully.
Seo-Xpress.com agrees to provide reputation management services for the designated business/domain name; and continue to provide these services over a 3, 6 or 12 month period so that results have been achieved. The term of this agreement is 3, 6 or 12 months (whichever agreed upon) with a first renewal offer available after this period is completed.
Description of Services
Creation, development, implementation, evaluation, and refinement of such Online Reputation Management strategies, programs and systems that will help the Client increase their positive image via online reviews and increase bottom line profitability.
Remove/mitigate negative information from Google and other search engines while increasing the amount of positive legitimate reviews – we fashion an infrastructure giving the Client control of their search engine image and reputation moving forward.
New business profiles are created on social media sites and business directories designed specifically to rank high on search page results and act to drive negative listings further down the page and usually off the first page.
An experienced writer, in consultation with client, will craft proven, tested responses to any negative online complaints and or edit existing replies.
Every 30 days, backlinks will be added from various internet websites to the client’s new online business profiles. Backlinks will display as “anchor text” and match keywords identified as highest search volume and lowest number of competing pages. This methodology is designed to replace negative listings with positive ones.
Written content will be prepared for the client’s new sites and blogs. Content created is based on search phrases identified as highest search volume and the lowest number of competing pages. Additional video content may also be employed.
Seo-Xpress.com will run monthly or quarterly Reputation Management reports for Clients’ sites. Clients will be sent a copy of the report via email.
Up to 1.5 hours of additional consulting time is available per year under each plan.
Additional consulting with the Chief Reputation Consultant is available at the rate of $125 per hour.
Seo-Xpress.com reserves the right to reject, at its soles discretion, any project.
Terms & Conditions:
Prior Conditions
Prior to work being undertaken by Seo-Xpress.com, we need assurances from the client that;
- The client MUST NOT be working with any other Reputation Management company during the time they work with Seo-Xpress.com
- The client has not employed the services of a Directory Submission Company during the same period
- The client has not created any duplicate sites, duplicate social or business profiles or pages
- The client has not had the domain name banned by Google, Yahoo! or Bing (MSN)
Should Client not comply with these terms, Seo-Xpress.com will not be held responsible for any consequences.
Cancellation fee
Client understands they are entering into a three (3), six (6) or twelve (12) month contract with Seo-Xpress.com and if they wish to terminate the contract prior to the three (3), six (6) or twelve (12) months, for any reason, there may be a $300.00 fee on top of fees already collected or due. The client is not entitled to a refund on any monies collected previously.
If final payment for cancellation is not received before the due date of the next monthly payment, then the agreement will be deemed as not cancelled until all amounts owing plus the cancellation fee are paid in full.
Rights of the Company
The Company 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 the Company in this respect will be absolute. The Company 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 the Company nor the Customer is obliged to renew this contract. By mutual agreement, the contract may be renewed.
Refunds
The client has the right to cancel the contract during the cooling off period (ten (10) days from when the first deposit is received) by serving notice in writing to Seo Xpress.com stating that he/she does not wish to be bound by the contract.
No refunds on deposits are given after the 10-day cooling off period from the date of first deposit.
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 review management after service is discontinued.
If Seo Xpress.com terminates clients’ account and ceases delivery of the reputation service to 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 the company 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.
Transfer or Assignment: In the event the Client sells, transfers, or assigns his/her business to another party, this agreement will remain in force subject to the current terms and conditions unless an acceptable (to all parties involved) agreement, settlement, or buyout is reached.
Web 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 optimisation, Seo-Xpress.com may request the client to change hosting provider.
Access To Client Website
The Client grants authority to submit the Web Site pages being promoted to Search Engines and online directories.
Seo-Xpress.com must have the ability to optimise the structure and content of the clients’ web pages. Such changes generally have a minimal visual impact and are always approved by the client before going ‘live’. Seo-Xpress.com will work directly with the client in order to maintain the original look and feel of the clients’ website unless otherwise specified.
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.
Client must inform Seo Xpress.com of any changes made to the website while Seo-Xpress.com is working with it.
The client must allow implementation of all reputation management strategies on their website.
Warranties And Indemnity
The client warrants to the Company 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 initial payment is received from Client. Client agrees to pay Seo-Xpress.com either:
– 40% deposit plus balance payable upon agreed terms
– Full fee in advance with a 5% discount entitlement
– Deposit plus monthly payments
– Fee as per any marketing promotion or offer.
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 (charges appear on Client’s statement as Club Web Pty Ltd or CLUBWEB). 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.
The company’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.
If client agrees to pay in installments, the company requires the client to provide credit card information. By accepting this Service Agreement, client authorises the company 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, the company 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. The company also reserves the right to terminate clients’ service and account for nonpayment at any time.
Loss of Service
The Company 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 the Company’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 SEO SERVICES SHALL CONSTITUTE A VIRTUAL SIGNATURE, HAVING THE SAME FORCE AND EFFECT AS IF YOU HAD ACTUALLY SIGNED A PRINTED COPY OF THIS AGREEMENT.