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Search Marketing Experts SEO Terms and Conditions
1. The Service
1.1 These Terms & Conditions govern your use of Search Marketing Experts (the “Service”), an Internet marketing setup and subscription service operated by Search Marketing Experts Pty Limited ABN 43 635 366 853, (“Search Marketing Experts”) that provides users with access to the Website’s marketing and hosting service and/or Search Engine Marketing services (SEO) Search Engine Optimisation (Search Marketing Experts). SEO (Search Marketing Experts) is provided to you by Search Marketing Experts Pty Ltd on an “AS IS”, “AS AVAILABLE” basis subject to the provisions contained herein for your personal or business use only. Any other use or attempt to use Search Marketing Experts for other purposes, directly or indirectly, by you or by a third party is prohibited.
1.2 Unless explicitly stated otherwise, any new features that augment or enhance the current service shall be subject to these Terms and Conditions of Service. The service consists of search marketing services/search engine optimisation. Your participation in the Service is conditional upon your acceptance of these stated terms and conditions. Please read the following terms and conditions. Your acceptance of these terms and conditions is indicated by your payment for the services.
1.3 Search Marketing Experts reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Such changes or modifications shall be effective immediately upon notice published on the www.searchmarketingexperts.com.au website, your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Search Marketing Experts as permitted above. If at any time these Terms and Conditions are no longer acceptable to you, you should immediately terminate your subscription to the Service in writing.
2. Disclaimer of Warranties
2.1 You expressly agree that entering or using Search Marketing Experts is at your own risk. No warranty, representation, condition, undertaking or term – express or implied, statutory or otherwise – including but not limited to the condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability, or fitness for a particular purpose or use of Search Marketing Experts is given or assumed by all such warranties, representations, conditions, undertakings and terms are hereby excluded.
2.2 Search Marketing Experts makes no warranty that Search Marketing Experts will meet your requirements, or that Search Marketing Experts will be uninterrupted, timely, secure, or error free; Search Marketing Experts makes no representations as to the suitability of the information available on or through Search Marketing Experts, including but not limited to user amended sites, for any purpose nor about its legitimacy, legality, validity, accuracy, correctness, reliability, quality, stability, completeness or currency.
2.3 Search Marketing Experts makes no warranty that a Search Engine Marketing or Search Engine Optimisation campaign will generate any increase in sales, business activity, profits or any other form of improvement for your business or any other purpose.
2.4 Search Marketing Experts makes no warranty that a Search Engine Marketing or Search Engine Optimisation campaign will lead to any clicks to your business or other information.
2.5 Search Marketing Experts makes no warranty that a Search Engine Marketing or Search Engine Optimisation campaign will lead to consistent exposure of your business or your keywords during your subscription period (including but not limited to, the position your advertisement is placed on a search result page or the frequency and time of day that your advertisement is displayed). All such information on the user-amended sites is provided by the users.
2.6 The information available on or through Search Marketing Experts user amended sites is not reviewed, controlled or examined by Search Marketing Experts in any way before it appears on Search Marketing Experts.
2.7 Search Marketing Experts does not endorse, verify or otherwise certify the contents of any such information. Users are solely responsible for the contents of their websites and may be held legally liable or accountable for the contents of their websites (including without limitation in connection with infringement of intellectual property rights of any other party).
2.8 Search Marketing Experts does not warrant or guarantee: that any information available on or through Search Marketing Experts will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminative or destructive properties; that the information available on or through Search Marketing Experts will not contain adult-oriented material, or material which some individuals may deem objectionable; or that the functions or services performed by or through Search Marketing Experts will be uninterrupted or error-free, or that defects in Search Marketing Experts will be corrected. It is the sole responsibility of the user to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage user’s information or system.
3. Cancellations Policy (excluding Fixed Term Contracts)
3.1 You must notify Search Marketing Experts if you do not wish to renew your subscription/monthly management 14 days before the end of the current billing cycle. Search Marketing Experts will automatically renew your subscription at the end of each term and bill the then-current renewal fee to the same credit card or credit line your original subscription fee was billed to, or to the current credit card we have on our files.
3.2 Search Marketing Experts reserves the right, at its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. Search Marketing Experts may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability.
4. Fees and Payments
4.1 You agree to pay all fees and charges incurred by you or any third party using your Service account (whether or not authorised by you) at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to applicable taxes, and charges for any products or services offered for sale through the Service by Search Marketing Experts or by any third party.
4.2 The setup must be paid in full to Search Marketing Experts before any work on your Service, Search Engine Marketing / Search Engine Optimisation will begin.
4.3 Your right to use the Service is subject to any limits established by your credit card company if billing is through a credit card. You shall be responsible for obtaining all telephone, telephone access lines, computer equipment and other products or services necessary to access and use the Service. You shall be responsible for all charges associated with accessing and maintaining a connection to the Service (e.g. charges imposed by an Internet access provider, or your local telephone company). Ongoing hosting and Search Engine Marketing / Search Engine Optimisation fees will continue automatically, at the end of your subscription until such time as we receive a cancellation in accordance with our Cancellations Policy.
4.4 Search Marketing Experts shall provide you with a Search Engine Optimisation Service whilst this agreement is in effect, subject to the account being on ongoing management and no outstanding monies.
4.5 If your instalment payment has not been made, Search Marketing Experts has the right to suspend the Service and the account will not be subject to any form of a refund. Cancelled accounts cannot be reactivated and any account history or information will not be retrievable.
5. Fixed Term Contracts
5.1 From time to time we may offer a discount for you to commit to a fixed term contract for a minimum time period.
5.2 If you select the option of a fixed term contract you understand that you are committing to full completion of said contract.
5.3 During such Contracts monthly payments will continue to be payable monthly in advance.
5.4 At the expiry of the fixed contract period the contract will auto-renew to a new fixed contract period of the same duration.
5.5 If you do not wish to auto-renew you agree to provide 14 days notice prior to expiry of contract that you do not wish to enter a new contract.
6. Liability Waiver
6.1 The Client has provided Search Marketing Experts with access to the Client’s website for the purposes of providing SEO and digital marketing services to the Client.
6.2 The Client acknowledges that Search Marketing Experts requires access to the Client’s website hosting or control panel to provide the SEO and digital marketing services.
6.3 The Client undertakes to obtain the relevant file transfer protocol (FTP) login details from the third-party that hosts the Client’s website and provide these details to Search Marketing Experts prior to accessing the Client’s website for the purpose of providing SEO and digital marketing services to the Client.
6.4 The Client acknowledges that where it is unable to provide the login details for its website to Search Marketing Experts, that Search Marketing Experts may not be able to perform digital marketing services on the Client’s website without the risk of the website becoming corrupted in the process.
6.5 The Client acknowledges this risk and in the event the Client’s website becomes corrupted, the website may not be able to be restored by Search Marketing Experts without the required FTP login details being provided to Search Marketing Experts.
6.6 Notwithstanding the above risk as stated in clause 6.5, the Client agrees for Search Marketing Experts to access Client’s website to provide SEO and digital marketing services.
6.7 The Client hereby waives its rights to hold Search Marketing Experts liable for any direct or indirect losses, claims, costs, damages or expenses of the Client, including any loss of revenue and consequential damages caused or contributed to by such corruption to the Client’s website.
6.8 In order to mitigate the risk of the Client’s website becoming corrupted, the Client agrees and undertakes to maintain backup versions of the Client’s website to guard against losses of any kind.
This agreement is to be governed by the laws of the State of Queensland and the parties hereby submit to the jurisdiction of the courts and Tribunals of Queensland and of the courts hearing appeals from those courts and Tribunals.