Seo-Xpress.com, a division of Club Web Pty Ltd, is a Search Engine Optimisation (SEO) 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.
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 or sub domains will be optimised by Seo-Xpress.com and that SEO services 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 and use current acceptable techniques to promote the designated domain name to the search engines as per current advertised plan. The term of this agreement is for up to 28 days (or when the service has been completed) with notification given by email as to when the service 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 improved rankings. Such requests include, and are not limited to: removing or modifying frames within web pages, adding additional relevant text, code and other content to the Client’s website. If Client chooses to ignore, change or not implement the recommended changes, Seo-Xpress.com cannot be held accountable for not completing the task. Client further understands and agrees that if the client chooses to submit their site to either Google, Yahoo! or Bing (MSN) themselves, before all recommended SEO changes are made, or before all web pages are complete, these parts of the plan may not be completed and optimised by Seo-Xpress.com.
Seo-Xpress.com will modify content and create Meta tags for the Client’s domain, which are tuned for the specific search engines and Client’s specific keywords. Client has the option to upload the Meta tags and content pages themselves, have Client’s webmaster upload them, or grant Seo-Xpress.com access to Client’s website to upload tags and pages to Client’s domain. Client agrees and understands that failure to properly upload any Meta tags, promotional pages, or other optimisation work 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 the service may not be completed within 28 days.
Seo-Xpress.com will run monthly Search Engine Position reports and Google Analytics reports for Clients’ website during the month the report is due for a period of twelve (12) months. Clients will be sent a copy of the report via email.
Additional consulting with a SEO Consultant is available at the rate of $125 per hour.
A combination of keywords that Client submits (as per the SEO Basic Essentials Online Brief) and keywords our Search Engine Specialists may suggest or recommend will make up clients’ keyword list. Client must approve the final Keyword list after the first Search Engine Position report is received. If no feedback is received by Seo-Xpress.com from the Client within 7 days of receiving the first Position report, then Seo-Xpress.com will begin the off-page optimisation work.
Seo-Xpress.com reserves the right to reject, at its soles discretion, any project.
SEO 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 SEO company during the time they work with Seo-Xpress.com
- The client has not employed the services of a Submission Company during the same period
- The client has not created any duplicate sites, duplicate content or pages, redirects or doorway pages
- The client has not requested or exchanged links with link farms or undertaken any spamming techniques which may harm the web site’s ranking with Google, Yahoo! and Bing (MSN)
Should Client not comply with this term, Seo-Xpress.com will not be held responsible for any consequences.
Cancellation of Service
If the client makes any changes to the optimised pages 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 visibility of the Client’s web site in the search engines, any payments due will become due immediately.
Seo-Xpress.com may make void any further tasks as per the service plan and the final service fees become payable should it be discovered that the Client has participated in actions considered undesirable (spamming) by the search engines, such as:
- makes use of hidden links
- links to link-farms, FFA link pages, etc.
- uses page redirect or cloaking techniques
- submits the web pages of the site to the search engines, search directories or other websites without the consent of Seo-Xpress.com
- uses automated web site submission software or websites
- uses automated reciprocal link programs
In the event that your site is currently penalized or banned by one or more search engines, Seo-Xpress.com will attempt to fix the problem. We cannot guarantee the results of our attempts to re-instate your website.
Cancellation fee
Client understands they are entering into a task based contract with Seo-Xpress.com and if they wish to terminate the contract prior to the completion of the service, for any reason, there may be a $300.00 fee on top of fees already collected. The client is not entitled to a refund on any on monies collected previously.
If final payment for cancellation is not received before the due date of the next 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 Client may upgrade to an ongoing monthly plan.
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. Any refunds agreed to will be less the value of any work started or completed as per the service plan based on the standard hourly rate of $60 per hour.
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 rankings after service is discontinued.
There is no guarantee that once a keyword phrase has achieved a search engine position that it will continue to remain in that position. Changes in search engine algorithms and new website competition may influence a keyword position as time passes. Additionally, new sites and potential competitor web sites are being optimised and submitted every day.
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 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.
Web Hosting
The Client agrees that their website is not hosted on free web space using domain forwarding (either framed or otherwise).
In cases where there is either concern that the current hosting IP address is located not in Australia or may be part of a ‘bad neighborhood’ or for reasons of optimisation, Seo-Xpress.com may request the client to change hosting provider.
3rd Party Fees
Where Search Engines or online business directories require paid subscriptions in order to be registered these costs are the responsibility of the client unless otherwise stated in writing in the agreement or as published as part of the SEO package that has been purchased.
Access To Client Website
The Client grants authority to submit the Web Site pages being promoted to Search Engines and 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.
You must inform your webmaster or anyone else who has access to the Web site that we are performing SEO services on the site.
If clients’ web pages are light in text content (less than about 200 visible words per page), Seo-Xpress.com may provide additional relevant content for the purpose of enhancing the on-page optimisation of the pages.
Client must inform Seo-Xpress.com of any changes made to the website while Seo-Xpress.com is optimising it. Changes made whilst Seo-Xpress.com are optimising the site may result in service cancellation.
The client must allow implementation of all optimisation 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:
- 50% deposit plus balance payable upon agreed terms
- Full fee in advance
- 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 a $25 late fee and 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 $25 late penalty fee. The company also reserves the right to terminate clients’ service and account for non payment 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 enforce-ability 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.