| The SEO Choices. Search Engine Optimization (SEO) Advertising Program Terms are hereunder. The customer accepts the Terms and conditions (hereunder), attached to any document that refers or accept these terms electronically, by signing them. These Terms and Conditions regulate Search Engine Optimization campaign(s) proposed by Seo Choices (hereunder), in the scope of this document, described in your Search Engine Marketing Campaign, executed by and between Seo Choices and Customer. All parties hereby agree and acknowledge: 1. PoliciesCampaign use is subject to all applicable Seo Choices ad specification requirements and policies. Policies may be modified any time. Customer shall direct communication only to Seo Choices regarding Customer's Internet Advertising Campaign outlined on www.---------.com website by fax or email to info@seochoices.com. Seo Choices reserves the rights to modify ad description and wording to comply with any Policies related to Search Engine Optimization (SEO) Advertising. 2. The CampaignSeo Choices will create Customer's Local Business Listing in the contracted search engines as well as optimize and promote Customer’s website through Internet Search Engines and/or Social bookmarks and/or Web directories and/or Link Building Services and/or Article/Blogs Distribution (as states in the contract). Seo Choices may take up to thirty (30) calendar days from the payment date to process the data entry and to activate contracted service for the client. For activation of Local Business Listings, Customer must supply Seo Choices with activation code received in the mail or by phone in order to activate the listing (search engine specific). Seo Choices reserves the right to refuse Local Business Listing creation with specific keyword within first thirty (30) days after activation due to inability to fulfill Local Business Listing due to reasons unrelated to Seo Choices. Seo Choices may substitute the keywords to generally accepted keywords or by modifying spelling to fulfill the contractual obligation under Local Business Listings and SEO Package. The Local Business Listings will only be advertised in a single geographical area and placed according to Customer’s specific industry. Local Business Listing Advertising in additional geographical areas can be created under a new Advertising Package. Seo Choices is not responsible for accuracy of information provided by the customer. Seo Choices does not guarantee the appearance on the ad outside the country of the advertised geographical location, due to language and regional settings. Seo Choices does not guarantee specific position(s) of the Customer’s website in the search engines, but doing all reasonable and legitimate effort to move Customer’s Local Business Listing and website to the highest position possible in the Search Engine Results. Images and Video content supplied are not guaranteed to appear due to possibility of technical issues unrelated to Seo Choices. Seo Choices does not guarantee appearance of the ad, if URL supplied by customer is not in working condition, as it will be automatically filtered out by the search engine. Video Distribution will be only completed if a video is provided by the client. Seo Choices is not responsible for video creation or video editing of any kind. On-Site SEO services can be performed only after client provides FTP access to Seo Choices Technical Department to access the website the services were contracted for, absents of correct FTP login information, will result in inability or delay in performing the services. If Seo Choices is unable to perform the services due to customer’s failure to provide FTP access, no refunds will be issued. Website Submission services do not guarantee inclusion of customers website in the submission results due to difference in search engine performance regulations and search algorithms. Directory submission services do not guarantee acceptance to the directory for various reasons not related to Seo Hutt. Reports for campaign development are available upon request or if otherwise mutually agreed by Seo Choices and client, which is explicitly stated on the agreement. Customer grants Seo Choices permission to utilize an automated software programs to retrieve and analyze websites associated with the Campaign for ad quality and serving purposes. Seo Choices may reject or terminate any Campaign at any time for Customer's failure to provide payment. 3. RenewalSearch Engine Marketing Campaign is subject to automatic renewal under same terms and conditions as specified in original agreement for the same duration as specified in original contract, Payment information specified in the contract will be used for purpose of payment for renewal and subject to Section 8 of these Seo Choices Advertising Terms. 4. CancellationWithin first 24 hours from the moment payment is received, customer may cancel the SEMC with out cause in writing by email to customercare@seoChoices.com or fax 1-111-111-1111 Customer will be entitled for a full refund. Customer that wishes to cancel after first 24 hours from payment will not be entitled to full refund but may be entitled to a partial refund. In event that customer wishes to cancel any time beyond first 24 hours, they may do so by sending cancellation request in writing to Customer Care via email to customercare@seohChoices.com. Customer will be liable for full price of set up fee depending on the campaign purchased and regardless of any discounts given upon purchase of the campaign, as discounts are relative to payment terms only. Monthly fees will be charged for all completed months, all incomplete month will be rounded up to the next complete month, and the services will be provided in full for all paid months unless requested by client. The request to stop services before the completion of prepaid months does not qualify in any additional refunds. If customers cancel the contract at any time with in the duration of the contract, there will be no REFUND. Money back guarantee is not applicable in this case. In case of cancellation, Seo Choices reserves the right to take legal action for the balance payment. At any time Seo Choices may modify the Campaign and/or its Terms, including change in the price initially charged by Seo Choices for the Campaign by giving the Customer a one-week notice (hereinafter, the Notice of Change) with no liability to Seo Choices, its partners, appointees or affiliates. Should the Customer choose to continue with the Campaign at the end of the one-week period since the Notice of Change was delivered to the Customer, it is understood by the parties to this agreement that the Customer has accepted the Change to the Terms and accepted such changes 5. Refund Policy if Guarantee is not metif the guarantee is not met for any number of Keywords/Key phrases within the timeframe specified in the contract agreed by the customer and Seo Hutt.75% of the total amount PAID and PAYABLE by the customer will split against total number of Keywords (specified in the contract) and will be refunded against the Keywords/phrases for which guarantee is not met. OR Seo Choices will continue providing the free services till the time guarantee is met for all the keywords/phrases over and beyond the contractual terms. Rest 25% on total amount paid or payable by the customer will be non refundable. Money back guarantee is only applicable for the keywords which are not coming on the first page by the end of the contract terms. 6. Prohibited Uses; License Grant; Representations and WarrantiesCustomer shall not advertise personally and shall not authorize any party to advertise anything illegal or engage in any illegal or fraudulent business practice. Customer represents and warrants that it holds and hereby grants Seo Choices all rights (including without limitation any copyright, trademark, patent, publicity or other rights) in formulating the keywords and advertisement needed for Seo Choices to operate Internet's advertising campaigns for Customer in connection with this Agreement. Customer represents and warrants that all Customer information is complete, correct and current; and Customer's Services or product will not violate or encourage violation of any applicable laws, regulations, code of conduct, or third party rights, including, without limitation, intellectual property rights. Violation of the foregoing may result in immediate termination of this Agreement or customer's account without notice and may subject Customer to legal penalties and consequences. 7. Disclaimer and Limitation of LiabilityTo the fullest extent permitted by law, SEO CHOICES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE, EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND CUSTOMER'S BREACHES OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO CUSTOMER'S BUSINESS, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO Seo Choices BY CUSTOMER FOR THE AGREEMENT GIVING RISE TO THE CLAIM. Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including but not limited to acts of God, government, terrorism, natural disaster, labor conditions and power failures OR Any changes made by Google in the algoritham which might effect the placement of the website on the first page. The parties agree that this is a continuing indemnity which shall remain in full force until it is terminated. 8. AgencyCustomer represents and warrants that it is authorized to act on behalf of and has bound to this Agreement any third party for which Customer advertises. 9. Payment.Customer shall be responsible for all charges up to the amount of Search Engine Marketing Campaign, or as set in the contract, and shall pay all charges in Euro(£) or in USD dollars in equal to Euro with current market exchange rate for the day of payment, unless otherwise specified on the Search Engine Marketing Campaign. In case of declined/missing payment, all work on customer's account will be temporary suspended and customer must provide alternative payment within 7 days of the email notification. If payment is not provided with in 7 days, the account will be cancelled and Seo Choices reserves the right to revert the customer’s website to pre contract state and cancel or suspend all listings. Seo Choices reserves the right to a legal action against the Customer for any outstanding balances. Customer is responsible for paying all taxes, government charges, and reasonable expenses and attorneys fees Seo Choices incurs collecting outstanding amounts. To the fullest extent permitted by law, Customer waives all claims relating to charges unless claimed within 30 days after the charge. Charges are solely based on Seo Choice's measurements for the applicable Campaign, unless otherwise agreed to in writing. Customer acknowledges and agrees that any credit card and related billing and payment information that Customer provides to Seo Choices may be shared by Seo Choices with companies who work on Seo Choice's behalf, such as payment processors and/or sales agents, solely for the purposes of effecting payment to Seo Choices and servicing Customer's account. Seo Choices may also provide information in response to all valid legal processes, or to establish or exercise its legal rights or defend against legal claims. Seo Choices shall not be liable for any use or disclosure of such information by such third parties. 10. IndemnificationCustomer also agrees and covenants to indemnify and save Seo Choices harmless from and against any and all third party claims, demands, actions and causes of action which may be made or brought against Seo Choices or the Customer or both in respect of SEMC or breach thereof, as well as Campaign conducted by Seo Choices, and from and against all damages, loss, cost, including legal costs on a solicitor and client basis, liability or expenses which the Customer may suffer or incur as a result of or in respect of the Campaign. 11. MiscellaneousThe Agreement is governed by laws of Ontario, Canada. The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any other applicable agreements, terms and conditions applicable to the subject matter hereof. Any conflicting or additional terms contained in additional documents (e.g. reference to a purchase order number) or oral discussions are void. Each party shall not disclose the terms or conditions of these Terms to any third party, except to its professional advisors under a strict duty of confidentiality or as necessary to comply with a government law, rule or regulation. Customer may grant approvals, permissions, extensions and consents by email. Any notices to Seo Choices must be sent to customercare@seohutt.com with read receipt confirmation. Notice to Customer may be effected by sending email to the email address specified in Customer's account, and is deemed received when sent. A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties' intention and only to the extent necessary to make them enforceable, and remaining provisions of the SEMC will remain in full effect. Customer may not assign any of its rights hereunder and any such attempt is void. |
Terms and Conditions
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