Terms of Service Agreement
This is a Service Agreement between you and
SeoSubmit.com. In this Agreement "you" and "your" refer to each customer and "we", "us" and
"our" refer to SeoSubmit.com. SeoSubmit.com offers our service to you conditioned on your
acceptance without modification of this agreement. Your use of our service constitutes your
acceptance of this agreement. Please read this Service Agreement carefully.
1. SERVICE
1.1. SeoSubmit.com agrees to provide its
best efforts for our services to obtain high rankings for your web site with the major
search engines. Other than the initial setup fee, if we do not meet the minimum guaranteed
rankings as stated on the Service Guarantee page for a
particular month, you are not require to pay any service fees for the month.
1.2. Our services specifically include the
following:
1.2.1. We will methodically and
exhaustively study and analyze your web pages, especially the home page. This includes
planning the strategy to optimize the site, scheduling the steps required to develop the
content of the site and if necessary, re-design the navigation structure of your site.
1.2.2. Identifying and studying the web
site of your competitors.
1.3.3. Research and identifying the
keywords to be used in the promotion of your web site. We analyze how frequently these
potential keywords are actually used by searchers, as well as how many competitors are
also competing for position under each keyword. We will optimize your site for keywords
that are relevant to your business, as well as most likely to successfully increase the
amount of traffic to your site.
1.2.4. We will recommend the paid search
directories (eg. Yahoo) you should submit your web site to and the
appropriate category on each directory. We will also submit your site to Open Directory
Project (or DMOZ) on your behalf.
1.2.4. Revising and re-writing the
existing pages of your site for optimization whenever necessary. This step may involve many versions of
each existing page. It includes modification to the codes of the existing pages,
creating the sitemap page and a resource/link section, etc.
1.2.5. Building link popularity of your
web site.
1.2.6. Monitoring your web site ranking
positions and create a ranking report of your site once a month. This report will be
used for the payment status of your account, depending on the results we have achieved
for you for that month.
1.2.7. Continuous optimization and
re-submitting the pages to the search engines (if necessary).
1.2.8. Constant monitoring and
maintenance of the search engine positions attained by our optimization services for as
long as you choose to remain with us.
1.3. Please refer to your initial signup
correspondence with us for any specific information with respect to your service details.
SeoSubmit.com may discontinue or alter any service level or aspect of this Service Agreement
at any time, without notice, without liability and in our sole discretion.
2. YOUR OBLIGATIONS
2.1. You agree to provide SeoSubmit.com with
accurate, current and complete account information and to maintain and to update this
information as required to keep it accurate, current and complete. You agree in your
enrollment and in your use of our service not to impersonate any other person or entity, and
are competent and have the authority to enter into such an agreement on behalf of yourself,
your client or your company.
2.2. You agree to provide reasonable support
by updating your web pages with the added or modified content provided by us. This support
includes, but is not limited to, constructing web pages containing code to aid in search
engine optimization as defined by us, uploading files, testing and approving changes
provided by us, and providing reasonable notification to us of any changes to your web site
pages.
2.3. You are responsible for providing
adequate server space and directories as defined by us to hold our provided web pages. You
are also responsible for providing the us with FTP access to the your web site unless
determined inappropriate by your company's policy.
3. PAYMENT
3.1. SeoSubmit.com will generate an invoice
for your account at the end of each month, based on the results of the latest search engine
ranking reports for your web site. You shall pay the amount of the invoice as due, but no
later than ten (10) days after the due dates, to avoid penalties and account suspension.
Unless otherwise requested, invoices will be sent to your billing account's email address.
3.2. Payments not received by SeoSubmit.com
within ten (10) days of the due dates shall be subjected to late penalty fees of US$25.
Access to your account information may be restricted until the overdue invoice is paid.
3.3. Accounts with overdue payment exceeding
more than 20 days shall be subjected to immediate termination without notice. Subsequent
request to reinstate your account will be subjected to a restoration fee of US$100.
3.4 The initial set up of $300 is payable
immediately before the commencement of our service.
3.5. If within 7 days of placing your
original order, you are not 100% satisfied with our work, just send us a cancellation
request and we will cancel your account and refund your set up fee within 5 business days.
The set up fee will not be refundable after 7 days.
3.5. Payments made for the results we have
achieved for you in the previous month will not be refundable for any reason.
4. NO WARRANTIES
44.1. You acknowledge and agree that
SeoSubmit.com utilizes various search engines for the services it provides and that said
search engines are not owned or operated by SeoSubmit.com. Therefore, SeoSubmit.com cannot
control or guarantee that any particular search engine or group of search engines will
accept your web site for inclusion into their database nor will SeoSubmit.com be liable for
the resulting position obtained in any such search engine. SeoSubmit.com does not warrant or imply that you will obtain
any particular level of results or profitability with regard to your web site. The services
are provided on an "as is", "as available" basis without any warranties whatsoever (either
express or implied), including, without limitation, warranties or conditions of title or
implied warranties or conditions of merchantability or fitness for a particular purpose.
Furthermore, the search engines involved with the SeoSubmit.com services will change from
time to time and does not require SeoSubmit.com to notify you of any changes in the search
engines involved.
4.2. UNDER NO CIRCUMSTANCES (INCLUDING
NEGLIGENCE AND FUNDAMENTAL BREACH) WILL SEOSUBMIT.COM OR ANYONE ELSE INVOLVED IN PROVIDING
THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
OR LOSSES FROM OR THROUGH THE USE OF OR INABILITY TO USE THE SERVICE OR THAT RESULT FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, DEFECTS, VIRUSES, DELAYS IN
OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, EVEN IF ADVISED OF THE POSSIBILITY
THEREOF. SEOSUBMIT.COM'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE
SERVICE WILL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU DURING THE PREVIOUS MONTH. THE
TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. IN JURISDICTIONS WHICH
RESTRICT LIMITATION OF LIABILITY PROVISIONS, SEOSUBMIT.COM'S LIABILITY WILL BE LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE
OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
5. INDEMNIFICATION
You agree to indemnify and hold harmless
SeoSubmit.com and its affiliates and their respective officers, directors, employees and
agents against any liability, damages or other expenses (including attorneys' fees and
costs) arising from your use of our service (including, without limitation, your
dissemination of any information on our service).
SeoSubmit.com shall not be liable for, and
be excused from, any failure to deliver or perform or delay in delivery or performance, due
to causes beyond our reasonable control or due to your failure to provide sufficient
information, resources, cooperation or personnel to support the service. This includes
delays associated with adjustments needed to comply with search engine algorithm or
inclusion guidelines, the arrival of new competitor sites, or the significant modification
of web pages by you thus excluding these failures to perform from being considered a
significant material violation of this contract. We shall in all cases not be responsible
for damages delay of any type from any cause.
6. TERMINATION
You may cancel your service at any time. If
you cancel within 7 days from the original date of your order of our services, you will
receive a full refund for the initial set up fee. If you cancel after 7 days from the
original date of your order then you will not receive any form of refund, prorated or
otherwise.
You also agree that SeoSubmit.com shall have
the right in its sole discretion to cancel your account upon seven (7) calendar days prior
written notice.
7. INTELLECTUAL PROPERTY OWNERSHIP
SeoSubmit.com shall assign to you joint
right, title and interest in any web pages created, specific web page modifications, or web
pages developed by us for you under this Service Agreement excluding all patents,
copyrights, trade secrets and other proprietary rights of SeoSubmit.com upon receipt of
payment in full. The ownership and assignment provisions are conditioned upon full payment
of all fees due for your account.
8. CREDITS
SeoSubmit.com is granted the rights to use
logos, images of, links to your web site, and descriptions of work performed solely as part
of our portfolio. SeoSubmit.com may place our logos or links on your existing web pages if
consistent with the content of that page, or on any page constructed entirely by us.
|