SeoPro NZ Ltd Terms and Conditions
By using the services of SeoPro NZ Ltd, the Client agrees to abide by the following terms.
Prior Conditions:
1. The client has not created any duplicate sites, duplicate content or pages, redirects or doorway pages.
2. 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 or other search engines.
3. It is not possible to give a 100% guarantee for any specific result on any search engine, nor can we quantify the level of increased traffic or sales, as a result of the SEO campaign.
4. If the client makes any changes to the optimised pages created by SeoPro NZ Ltd, or does not implement the changes advised by us, any guarantee placed will become void immediately.
SeoPro NZ Ltd follows a strictly ethical SEO policy and may make void any guarantee 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 SeoPro NZ Ltd
- Uses automated web site submission software or websites
- Uses automated reciprocal link programmes
Placing an Order:
By placing an order with SeoPro NZ Ltd, you confirm that you are in agreement with and bound by the terms and conditions below.
Definitions:
The Client - The company or individual requesting the services of SeoPro NZ Ltd.
SeoPro NZ Ltd - Primary designer/site owner & employees or affiliates.
General:
SeoPro NZ Ltd will carry out work only where an agreement is provided either by email, telephone, mail or fax. SeoPro NZ Ltd will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between SeoPro NZ Ltd and the client, this includes telephone and email agreements.
All prices quoted are + G.S.T.
Website Design and Optimisation:
Whilst every endeavor will be made to ensure that the website and any scripts or programmes are free of errors, SeoPro NZ Ltd cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.
The website, graphics and any programming code remain the property of SeoPro NZ Ltd until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by SeoPro NZ Ltd remain the copyright of SeoPro NZ Ltd and may only be commercially reproduced or resold with the permission of SeoPro NZ Ltd.
SeoPro NZ Ltd cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to the brief will be carried out at the discretion of SeoPro NZ Ltd and where no charge is made by SeoPro NZ Ltd for such additions, SeoPro NZ Ltd accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to SeoPro NZ Ltd all materials required to complete the site to the agreed standard and within the set deadline.
SeoPro NZ Ltd will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
SeoPro NZ Ltd will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
SeoPro NZ Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
SeoPro NZ Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Cancellation and Refunds:
Once an order has been accepted by SeoPro NZ Ltd, the client will be responsible for full payment of all fees related to the Service/Product/Campaign. If the client cancels the Service/Product/Campaign for any reason (other than as a consequence of Company’s material breach of this Agreement), all fees for the remainder of the scheduled Service/Product/Campaign shall be immediately due and payable, and all pre-paid fees shall be forfeited.
Disclaimers and Limitations on Liability:
SeoPro NZ Ltd shall not be responsible for URLs dropped or excluded by a search engine for any reason.
SeoPro NZ Ltd shall not be responsible for delays or failure of performance resulting from Internet Service Provider delivery problems or failure, or any communication or delivery problems associated with Client's receipt of the Account Service data.
SeoPro NZ Ltd shall not be responsible for acts or causes beyond their control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, power failures, earthquakes, or other disasters.
SeoPro NZ Ltd do not represent or warrant that Customers' URLs will achieve a favourable position, or any position, within a particular search engine.
SeoPro NZ Ltd do not warrant or represent that the use or the results of the use of the materials available through the SeoPro NZ Ltd Services or from third parties will be correct, accurate, timely, reliable or otherwise.
You expressly agree that use of the SeoPro NZ Ltd Services provided hereunder is at your sole risk. These Services are provided on an "as is" and "as available" basis. SeoPro NZ Ltd expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
Notwithstanding the security precautions taken against disclosure of information, there are certain conditions that exist on the Internet generally which are outside SeoPro NZ Ltd' control and could result in a breach of security. Accordingly, SeoPro NZ Ltd cannot guarantee that Your Account Service data information will be free from corruption or piracy. You hereby expressly waive any claim against SeoPro NZ Ltd arising out of the loss of data through corruption, piracy, breach of security or for any other reason that is not based on intentional or grossly negligent actions of SeoPro NZ Ltd.
To the maximum extent allowed by law, SeoPro NZ Ltd and any of their parents, members, subsidiaries, affiliates, service providers, licensors, officers, directors or employees shall not be liable for any direct, indirect, special, incidental or consequential damages (no matter how they arose, including negligence), or for interrupted communications, lost data or lost profits, arising out of or in connection with the Services provided hereunder. Further, SeoPro NZ Ltd will not have any liability for any losses arising because the SeoPro NZ Ltd' Services are not operational or accessible. This section does not limit liability for bodily injury of a person.
Database, Application and E-Commerce Development:
SeoPro NZ Ltd cannot take responsibility for any losses incurred by the use of any software that was recommended to, sold to or created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, cgi applications or software (unless specifically agreed) written by SeoPro NZ Ltd remain the copyright of SeoPro NZ and may only be commercially reproduced or resold with the permission of SeoPro NZ Ltd.
Where applications or sites are optimised or developed on servers not recommended by SeoPro NZ Ltd, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed.
The client is expected to test fully any application or programming relating to a site developed by SeoPro NZ Ltd before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, SeoPro NZ Ltd will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Compatibility:
SeoPro NZ Ltd will endeavor to ensure that any optimised / designed site or application will function correctly on the server it is initially installed in, however SeoPro NZ Ltd can offer no guarantees of correct function with all browser software.
Website Hosting:
Whilst SeoPro NZ Ltd recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by SeoPro NZ Ltd, also SeoPro NZ Ltd cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
SeoPro NZ Ltd reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.
Payment of Accounts:
A deposit is required from any new client before any work is carried out. Regular progress payments must be made at particular stages of development determined by SeoPro NZ Ltd.
It is the SeoPro NZ Ltd policy that any outstanding accounts for work carried out by SeoPro NZ Ltd or its affiliates are required to be paid in full, no later than 7 days from the date of the invoice unless by prior arrangement with SeoPro NZ Ltd.
Once a deposit is paid and work completed you are obliged to pay the balance of the account in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled on the due date, access to the website may be denied and web pages removed, we will then pass such cases to Debt Collectors and or our Solicitors to pursue payment. The client will be liable for all associated debt collection and legal costs.
On all outstanding accounts there will be a minimum $40 (plus g.s.t) or 5% late payment fee added, whichever is higher, to the original amount of the invoice plus 2.5% interest per month will be added.
Complaints Procedure:
Anyone who experiences a problem with the web service provided by SeoPro NZ Ltd should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as a url) and clearly outlining the grounds for complaint.
SeoPro NZ Ltd will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
NOTE: YOUR SIGNATURE ON A PRINTED COPY OF THIS AGREEMENT IS NOT REQUIRED. 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.