1. OUR CONTRACT WITH YOU
1.1 These are the terms and conditions (“Terms”) on which SEOSUBMIT PTE. LTD. (“We/Us/Our”) agrees to supply to the Client (“You”) the specified digital marketing services (“Services”).
1.2 When you sign and submit the Order to Us, this does not mean We have accepted Your order for Services. Our acceptance of the Order will take place as described in clause 1. If We are unable to supply You the Services, We will inform You of this in writing and We will not process the Order.
1.3 These Terms will become binding on You and Us when We inform you that We are able to provide you the Services, which We will confirm in writing to you, at which point a contract will come into existence between You and Us.
2. PROVIDING SERVICES
2.1 Depending on the service package You select, the contractual period of commitment is calculated to commence from the first or sixteenth day of the month. This is to facilitate the tracking of the performance guarantee milestones.
2.2 In terms of Search Engine Optimisation (SEO) services, the keywords are to be jointly derived (i.e. 50%-50%) by Us and You. The agreed SEO keywords may not be altered during the contractual period. Keywords may be added as additional SEO packages. These additional SEO packages will have their separate performance guarantee milestones.
2.3 We will provide monthly progress reports to You.
3. YOUR OBLIGATIONS
3.1. You agree to provide Us 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 that you are competent and have the authority to enter into such an agreement on behalf of Yourself, Your client or Your company.
3.2. You agree to provide reasonable support by updating Your web pages with the added or modified content provided by Us.
3.3. You are responsible for providing adequate server space and directories as defined by Us to hold our provided web pages.
4. PAYMENT & PERFORMANCE GUARANTEE
4.1 You agree to make payment for Our services on the specified months of the contractual period. Unless otherwise requested, invoices will be sent to Your billing account’s email address. You are given a grace period of 30 days from the date of each invoice to make full payment of the stated amount(s).
4.2 Accounts with overdue payment exceeding more than 30 days shall be subject to immediate termination without notice. Access to Your account information may be restricted until all overdue invoices are fully paid.
4.3 The contract will be automatically renewed upon the successful completion of the specified commitment period unless We or You inform the other party in writing of the intent to terminate the contract.
4.4 Payments made for the results We have achieved for You in previous performance guarantees are not be refundable.
4.5 In the unlikely event of Our failure to meet a performance guarantee, the additional weeks or months of Services needed to achieve the performance target shall be provided free of charge.
5.1 Should You wish to terminate the contract upon Our failure to meet a performance guarantee, We will return the most recent payment for the last performance guarantee milestone received, within 30 days of the date of your written intent to cancel the contract.
5.2 Should the performance guarantee milestones be met but You nonetheless wish to terminate the contract, all outstanding payments are immediately payable.
6.1 You acknowledge and agree that We utilise various search engines for the services they provide and such said search engines are not owned or operated by Us. Therefore, it is outside Our 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 We be liable for the resulting position obtained in any such search engine. We do not warrant or imply that You will obtain any particular level of business profitability with regard to Your website. Our 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 in Our services may change from time to time and does not require Us to notify You of any changes to the search engines involved.
6.2 Save as mandated by Singapore law, We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7. INTELLECTUAL PROPERTY OWNERSHIP
7.1 We shall assign to You joint rights, titles and interests in any web pages created, specific web page modifications, or web pages developed by Us for You under this contract excluding Our patents, copyrights, trade secrets and other proprietary rights upon receipt of full payment for the first three performance guarantee milestones. The ownership and assignment provisions are conditional upon Your full payment of all fees.
8.1 You agree to grant Us the right to use logos, images of, links to Your web site, and descriptions of work performed solely as part of Our portfolio. We may place Our logos or links on any page constructed entirely by Us.
9. OTHER IMPORTANT TERMS
9.1 This contract is between You and Us. No other person shall have any rights to enforce any of its terms.
9.2 These Terms are governed by Singapore law. You and We both agree to submit to the non-exclusive jurisdiction of the Singapore courts.