SEO Terms Of Service Agreement

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SEO Terms Of Service Agreement

Terms and Conditions of Marketing One Group Pty Ltd (ABN: 99 675 415 924)

These Terms of Service (“Terms”), are entered into by and between Marketing One Group Pty Ltd (ABN: 99 675 415 924) and or its associates, related parties, successors and assigns (collectively referred to as ‘Provider’) and the Client. You also accept the Terms of Service when you undertake any SEO campaign or service.

Marketing One Group is a website design & online marketing agency which also offers the following services to clients in Australia: Online Marketing, Website Development, SEO, Search Engine Optimisation, Graphic Designing, Social Media Marketing, SEO Copy Writing, Article Writing, Hosting, Directory Submissions, Press releases submissions, blog postings, social bookmarking & Google places / maps optimisation.

1. Definitions

1.1 “Agreement” means the entire content of this Basic Terms and Conditions document, the Proposal document(s) with any other Supplements designated below, together with any exhibits, schedules or attachments hereto.

1.2 “Client Content” means all materials, information, images, writings, logos and other creative content provided by client for use in the preparation of and/or incorporation in Marketing One Group’s Program.

1.3 “Copyrights” means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under Australia Copyright Law.

1.4 “Deliverables” means the services and work product specified in the relevant plans mentioned on the Website or as proposed by the business, up to 50% to 70% of the features will be included, 30% to 50% of the features or results may vary according to Search Engine Algorithms.

1.5 “Project” means the scope and purpose of the Client’s identified usage of the work product as described in the Proposal.

1.6 “Services” means all services and the work product to be done by Marketing One Group.

1.7 “Third Party Materials” means proprietary third party materials which are incorporated into the Final Deliverables, including without limitation stock photography or illustration and Content Writing.

1.8 “Client” Client means the individual or an organisation whose details are listed in the Service Order Form as the purchaser of the Services.

1.9 “Services” The Provider offers comprehensive search engine optimization solutions for businesses and organisations. The Services supplied by the Provider include, without limitation, any or all of the following:

  • a) Search Engine Optimisation
  • b) Search Engine Marketing
  • c) Pay Per Click Marketing
  • d) Social Media Marketing
  • e) Internet & Online Marketing
  • f) Link Building
  • g) Search Engine Submissions, Website Promotion, Web Design, Website Copywriting
  • h) Reputation Management
  • i) Content Marketing

1.10 “Provider” The “Provider” refers to Marketing One Group who is providing all the services mentioned in the section (1.9) above to the client.

2. Results:

The Results of the efforts made by Marketing One Group’s Program depends upon the Search engines algorithms, and they change quite frequently. Even the keywords may also vary depending upon the search engine algorithms. Additionally, factors like product or service quality offered by our clients, network downtime, and many other instances will also affect the search engine rankings, and those factors are beyond our capacities of control. Marketing One Group doesn’t claim to provide any rank or position, but we certainly do work consistently on the search engine guidelines for improving the rankings. The “Client” acknowledges that “Marketing One Group” makes no guarantee or warranty that Search Engine Optimisation will generate any increase in sales, business activity or profits or any other improvement.

3. Fees and Charges:

3.1 Fees – In consideration of the Services to be performed by Marketing One Group’s Program, Client shall pay fees in the amounts and according to the payment schedule set forth in the Initial Consultation.

3.2 Initial Payment – A total sum of Setup fee is required to be paid by client prior to start of the program unless the setup fee is discounted or waived off by the sales / authorised person. An invoice will be sent by Marketing One Group to the client acknowledging the initial payment. Once received, work will commence.

3.3 Material The client understands & agree that Marketing One Group can publish content on the internet on behalf of the client for the purpose of content marketing and higher Search Engine Rankings of the client’s website. The client also agree that Marketing One Group can use the images from client’s website while publishing content on the internet on client’s behalf for SEO.

4. Renewals:

The client needs to service a 30 days notice period if they wish to terminate their services. If the Client wishes to terminate the agreement prior to the contract expiry date, an exit fee equal to one additional month must be paid in full to the Provider. All cancellation notices are considered effective during business hours, and any notice issued outside of regular business hours will be deemed effective at 9:00 am on the next business day.

5. Contract agreement:

Marketing One Group is committed to providing excellent search engine optimisation services to our clients. Our services involve submitting their websites to directories, search engines and other high traffic portals. This part of the service will not be considered as a breach of confidentiality under this contract. Contract/agreement renews every 30-days.

6. Client Responsibilities:

The client will need to take complete responsibility and ownership for the information that they provide to Marketing One Group. They will need to provide us with an active e-mail address & a phone number for the purpose of coordination. We reserve the rights to suspend the account if the client e-mail address is not reachable for a period of 30 days.

The client will need to take complete ownership of all the materials on their websites, and these elements could be in the form of information, images, warranties, artwork and logos, or any other digital content. Our policies strictly do not encourage any form of copyright violations. Marketing One Group stands protected from any form of copyright violation by our clients. All such conflicts will be handled solely by our clients themselves.

7. Accreditation / Promotions:

All displays or publications of the deliverables shall bear accreditation and/or copyright notice in Marketing One Group’s name in the form, size and location as incorporated in the Deliverables. Marketing One Group retains the right to reproduce, publish and display the Deliverables in Marketing One Group’s portfolios and websites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses. Either party, subject to the other’s reasonable approval, may describe its role in relation to the marketing program. If applicable, the services provided to the other party will be mentioned on its website and in other promotional materials, which includes adding links on the other party’s website.

If any information required by a court or governmental authority, the client information will be shared by Marketing One Group without an obligation of confidentiality.

8. Indemnification/Liability:

8.1 The Provider, its subsidiaries, affiliates, officers, agents, co- branders or other partners and employees shall not be liable to the Client for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for:

  • a) Damage to property
  • b) Loss of profits or revenue
  • c) Loss of data
  • d) Goodwill
  • e) Any other tangible and intangible losses, even if the Provider has been advised of the possibility of such damages, resulting from or arising in connection with:
  • a) the Services, and the performance or lack of performance thereof;
  • b) any Client’s Website Content, whether authorized or unauthorized and whether in original form or in any altered form thereof;
  • c) the results achieved, or unachieved, from the use of the Services.

8.2 The Client agree to fully indemnify, defend and hold the Provider, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any and all claims or demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of:

  • a) the Services
  • b) the Client’s breach of any obligations under these Terms
  • c) Violation of the rights of any person</ li>

8.3 Revision of content before publication: It is ultimately the responsibility of the “Client” to ensure all work completed is to their standard. Signing and approval of work completed implies you have thoroughly proofread the work and are 100% satisfied with the work produced before it is published.

8.4 Subject to the provisions of these Terms, if for any reason, the Provider is liable to the Client for loss or damage of any kind, however caused, in contract or (including negligence), under any statute or otherwise arising from or relating in any way to these Terms, such liability snail be limited only to the total Service Fees and Charges paid by the Client for the Services in the previous three (3) month period.

The Client agrees to indemnify, save and hold harmless Marketing One Group from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or obligations, representations or warranties under this Agreement.

8.5 Marketing One Group’s program is an online Organic Search Engine Optimization program which is not liable for anything related to the Content, Graphic, Video and artwork on the Website.

9. Terms and Termination:

9.1 This Agreement shall commence upon the Effective Date and shall remain effective until terminated with a 30 days notice in writing.

9.2 Upon expiration or termination of this Agreement: (a) each party shall return or destroy the Confidential Information of the other party.

10. Performance interruptions:

Factors like natural calamities, network breakdowns, hacking & malware problems are outside the control of Marketing One Group. Although we will try maintaining highest quality and continuity of our services, there could be a few unforeseen events that could hinder our services. Additionally, there could be many other interruptions since we operate within the networks of the World Wide Web. We stand to stay protected from any such instances that are beyond our capacities of control. The Client is responsible to take the backup of the website and provide the website backup in any circumstances that requires a website restore unless organised in advance in the agreement to support the website. Client understands and agrees that Marketing One Group will not responsible and not held liable for any damages caused due to delay in the process to restore the website due to circumstances not under the control of Marketing One Group. Marketing One Group will not be responsible for any liabilities or damages caused to the clients on such events.

11. Service refusal:

Marketing One Group reserves the rights to decline any business projects that we find immoral or illegal. We are not liable for any conflicts arising due to the contents on our client websites. We reserve the rights to terminate the agreement on the breach of any code of trust by our client during the entire tenure of the agreement.

12. Services credit:

The client hereby authorizes Marketing One Group to place their link or small logo at the bottom of each web page on which their services are rendered. The links will stay live for the entire tenure of the services or the contract period.

13. Monthly Deliverables:

Marketing One Group work on monthly deliverables with no guarantee of keyword positioning. We aim to improve the overall exposure of the website in Google’s natural listing during the course of the campaign. Due to the nature of Google Algorithm, which changes quite frequently, Marketing One Group will work to stay up to date with the algorithm and tweak the campaign based on the algorithm changes. If you have been given a milestone guarantee based on your industry, then it will apply as promised. The client agrees; If the keywords fluctuate in positions or pages after the milestone guarantee is met due to change it Algorithm or any other reason outside the control of Marketing One Group, then it will not be considered as Guarantee not met.

Governing Law: These Terms shall be governed exclusively by the laws of Victoria, and the parties hereby submit to the exclusive jurisdiction of the courts of that state.

14. Confidentiality:

14.1 Each party acknowledges that it (“Recipient’) may receive Confidential Information of the other party (‘Disclosing Party`). Notwithstanding the aforesaid, each party:

  • a) to keep Confidential Information confidential
  • b) to disclose Confidential Information to its employees or representatives only on a ‘need to know’ basis
  • c) to not disclose the Confidential Information to any third parties other than the Recipient’s representatives
  • d) to not communicate any opinions regarding the Confidential Information to any third parties other than the Recipient’s representatives
  • e) to not use the Confidential Information for any purposes except for the purpose of carrying out its obligations under these Terms
  • f) to not copy, reproduce, divulge, publish or circulate (or authorise or permit any other person to copy, reproduce, divulge, publish or circulate any Confidential Information

14.2 The Recipient’s obligations of confidentiality shall not apply to Confidential Information to the extent that:

  • a) the Recipient was in lawful possession of the Confidential Information before disclosure by the Disclosing Party
  • b) the Confidential Information has been independently developed by any servant, agent or employee of, or other person on behalf of, the Recipient without access to or use or knowledge of the Confidential Information disclosed by the Disclosing Party
  • c) the Confidential Information is in or subsequently comes into the public domain other than by breach by the Recipient of its obligations hereunder
  • d) the Confidential Information is received by the Recipient without restriction on disclosure or use from a third party where such third party has a lawful right to make such disclosure
  • e) the Confidential Information is required to be disclosed by the Recipient by law, court order or other legal or regulatory requirement provided that the Recipient shall notify the Disclosing Party of the requirement for disclosure
  • f) the Provider and the Client agree in writing that the information is not confidential

14.3 Immediately upon the earlier of:

  • a) the Disclosing Party’s written request
  • b) the termination or expiration of these Terms for any reason without limiting any other obligations of the Recipient under these Terms, the Recipient must return or, at the Disclosing Party’s direction, destroy all Confidential Information of the Disclosing Party in its possession