TERMS OF SERVICE
HipowerWebSEO offers internet marketing services that include, but not limited to: search engine optimization (hereinafter “SEO”), Google Adwords®, Facebook and other Social Media advertising, Link Building, and Web design/development.
- QUOTE FOR PROVISION OF SERVICES
1.1 All quotes supplied by HipowerWebSEO are valid for 7 days from the date the quote is provided. HipowerWebSEO may amend this provision during promotional periods. Acceptance can be provided in writing, via electronic mail, in writing or via fax.
- COMMENCEMENT OF SERVICES
2.1 HipowerWebSEO will send Client an email requesting additional information for the Project Brief. HipowerWebSEO will commence work within fourteen (14) days after the date of receipt of information.
2.2 HipowerWebSEO will use its best endeavours to provide Service to Client within a reasonable timeframe. HipowerWebSEO is not liable for delays to project or anticipated timeframes for delivery of service.
- PAYMENT TERMS
3.1 Client agrees to pay for the Products and Services in full prior to work commencing on the Project Brief, unless otherwise agreed at HipowerWebSEO’s discretion. Invoices are payable within five (5) business days from the date of the invoice.
3.2 Client may request a full refund within seven (7) days of remitting payment to HipowerWebSEO, prior to work commencing. Client acknowledges that no refunds are available once work has commenced on the Project Brief and additional requests for refunds will require Management review.
3.3 For SEO Contracts, a one-time setup fee will be assessed and payment is required prior to work commencing. Monthly maintenance fees are not included in the setup fee. Client will be billed for each month for the maintenance fee until customer provides HipowerWebSEO with a written cancellation request.
3.4 If Client provides HipowerWebSEO with their credit card information, you authorize HipowerWebSEO to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with HipowerWebSEO cancellation policy.
3.5 Client may elect to have invoices paid by direct debit. By completing a direct debit request, Client authorizes HipowerWebSEO to arrange for account funds to be debited to your account.
3.6 All payments to HipowerWebSEO Pty. Ltd. will be made in AUD (Australian Dollar).
- LATE OR NON-PAYMENT
4.1 If payment has been declined or has not been made, Client’s account will be suspended and a reactivation fee of $50 will apply.
4.2 For returned cheques due to insufficient funds, HipowerWebSEO reserves the right to request alternate payment method.
4.3 If payment has not been received after 30 days, this will result in termination of our services and any links and SEO work will be removed. Cancelled accounts cannot be reactivated and any account history or information will not be retrievable. No refund will be given thereafter.
- CLIENT OBLIGATIONS
5.1 Client will provide HipowerWebSEO with reasonable direct and remote access to its website, and shall provide such other reasonable assistance as HipowerWebSEO may request, including, but not limited to, providing source code and other statistical, diagnostic information and other relevant information required to enable HipowerWebSEO to comply with its obligations under this Agreement.
5.2 HipowerWebSEO shall provide the Services during the continuance of this Agreement HipowerWebSEO will use reasonable efforts to provide Client with the Services in accordance with the estimated timeline set out in the Project Brief.
5.3 Where the Service being provided requires, HipowerWebSEO will liaise with the relevant web agency, hosting company or other third party in order to provide the Services. HipowerWebSEO shall not be liable for any act or omission by the relevant web agency, hosting company or other third party, if such act or omission results in HipowerWebSEO breaching its obligations under this Agreement.
5.4 HipowerWebSEO will not make changes to or update a Customer’s website prior to written or verbal consent from the Customer, stating that HipowerWebSEO have the right to make the agreed changes and the Customer, as the website owner, agrees to and takes full responsibility for those changes being made.
- IMPLEMENTATION OF SEO SERVICE
6.1 HipowerWebSEO guarantees that Client’s website will appear on the first page of designated Search Engines within an agreed period of time of the Commencement Date. If HipowerWebSEO is unable to achieve this ranking within that time period, HipowerWebSEO agrees to provide further optimization services until such time when Client’s website is listed on the first page.
6.1.1 Client acknowledges that HipowerWebSEO may, as part of the client’s SEO campaign, add links and content to the client’s website. If the client chooses to reject these additions, their First Page Guarantee may be rendered void, to the discretion of HipowerWebSEO.
6.2 Client acknowledges that the guarantee applies only to selected keywords chosen by the Client. HipowerWebSEO will advise Client to which keywords guarantee applies.
6.3 Client acknowledges that Search Engine Optimization (“SEO”) is governed by many factors which are outside the direct control of HipowerWebSEO. Search Engines are third party systems with unknown variables, algorithms and indexing decisions that can change at any time and without notice over which we have no control. HipowerWebSEO will use best efforts, techniques and accepted standards to improve Client’s Search Engine Ranking but cannot guarantee of #1 ranking of Client’s website on any major Search Engine using Client’s desired keywords. Client further acknowledges that the website’s ranking with a particular Search Term will rely on both the relevancy of that term on your pages, and the popularity of that term on other websites.
6.4 Client further acknowledges and understands that a website’s rankings may go backwards. Client agrees if this were to happen, no liability will be on HipowerWebSEO and no refunds or discounts given.
6.5 HipowerWebSEO is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
6.6 HipowerWebSEO is not responsible for the Client overwriting HipowerWebSEO’s work to the Client’s site. (e.g., Client/webmaster uploading over work already provided/optimized). The Client will be charged an additional fee for re-constructing content.
6.7 HipowerWebSEO follows a strictly ethical SEO policy and will not be responsible for any bans or search engine suspension for the following:
- duplicate sites, duplicate content or pages, redirects or doorway pages.
- link farms or any spanning techniques which may harm the web site’s ranking with Google.
- Increased traffic or sales
- hidden links
- automated web site submission software or websites
6.8 Client acknowledges that HipowerWebSEO will add an “SEO Services” by “HipowerWebSEO” link to the footer section of each website they work on. This is HipowerWebSEO’s branding and to remove it will cost $250.
- IMPLEMENTATION OF GOOGLE ADWORDS®
7.1 HipowerWebSEO shall provide Client a management service of a Google AdWords® account in accordance with the terms set out in the Project Brief.
7.2 Client expressly permits HipowerWebSEO to create a Google AdWords™ account on their behalf. Client acknowledges that Google AdWords™ are subject to Google’s Terms and Conditions. Client’s account will be deemed active once Google™ approves it for online advertising. HipowerWebSEO is not liable if Client’s account is rejected.
7.3 HipowerWebSEO acknowledges that Client owns the Google AdWords™ Account developed by HipowerWebSEO. Upon expiration of the term of this agreement Client may retain the account and all its configuration.
7.4 HipowerWebSEO will send a draft to Client once work is complete. Client agrees to review and approve said draft within fourteen (14) business days. HipowerWebSEO is not liable for errors or omissions once the ads are deployed.
- FACEBOOK AND SOCIAL MEDIA ADVERTISING
8.1 HipowerWebSEO agrees to promote Client’s company on Facebook® and/or Social Media sites including but not limited to Twitter™, YouTube™, Digg™ and LinkedIn™ through targeted advertising campaigns per the agreed specifications set out in the Project Brief.
8.2 Client agrees to provide HipowerWebSEO with information (ad banners and web site links) within ten working days after the Commencement Date and further agrees that they will comply with any technical specifications provided to the customer by HipowerWebSEO. Drafts will be sent to Client for approval before being submitted to the relevant site.
8.3 Client agrees that any images to be used in advertisements will be supplied to HipowerWebSEO. Client acknowledges that if images are not provided, additional design fees may be payable. HipowerWebSEO will include these additional fees on the invoice.
8.3 Client acknowledges that Facebook and other social media sites reserve the right to refuse adverts at any time for any reason, whether or not the same has already been acknowledged and/or previously published, including but not limited to for reasons relating to the contents of the advertisement or any technology associated with the advertisement. HipowerWebSEO will make every effort to create a substitute advertisement. If the advertisement is rejected due to content, HipowerWebSEO shall require Client to supply new copy acceptable to aforementioned sites. HipowerWebSEO cannot be held liable for rejection of ads by third party websites. Client acknowledges that if an advertisement previously accepted and displayed on a social media site is then subsequently removed by said site, prior to the end of the agreed period, that HipowerWebSEO is not liable for this decision and no refund will be payable.
- LINK BUILDING
9.1If requested HipowerWebSEO shall provide the link building services as specified on the HipowerWebSEO website and to the agreed specifications on the Project Brief.
9.2 The number of links stated in the Project Brief is the number of links that HIPOWERWEBSEO will provide on the link building report. The number is correct at the point at which the report is generated and quality controlled, whereupon it will be emailed to the Client.
9.3 HIPOWERWEBSEO offers no guarantee for the length of time each link will remain live after the point at which it has been confirmed and reported on the Customer link report.
9.4 Client acknowledges that HIPOWERWEBSEO is not liable for the content of those sites. Use of any such linked web site is at the Client’s own risk.
9.5 The inclusion of any link does not imply endorsement by HIPOWERWEBSEO of the site.
9.6 Client acknowledges that linking to “bad neighborhoods” or receiving links from “link farms” can seriously damage all SEO efforts. HIPOWERWEBSEO does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.
10.1 HipowerWebSEO agrees to produce written material for inclusion on Client’s website upon the request of the Client and per the agreed specifications in the Project Brief.
10.2 HipowerWebSEO agrees that it will be the sole author of the work, which will be original work by HIPOWERWEBSEO copywriter, free of plagiarism. HipowerWebSEO agrees to use reasonable care to ensure that all facts and statements in the work are true and that the work does not infringe upon any copyright, right of privacy, proprietary right, right of publicity or any other right of a third party
10.3 Client may provide additional copy to HipowerWebSEO. Client accepts full responsibility for all detail contained in the copy provided to HipowerWebSEO and agrees to use reasonable care to ensure that all facts and statements in the work are true and that the work does not infringe upon any copyright, right of privacy, proprietary right, right of publicity or any other right of a third party.
10.4 HipowerWebSEO acknowledges that Client has the right to edit the work in a time frame agreed upon in advance as it deems appropriate for publication, and that HipowerWebSEO will cooperate with Client in editing and otherwise reviewing the work prior to publication.
10.5 Client agrees that they are responsible for reviewing the final draft for accuracy to include spelling and grammatical errors, statements and assertions. HipowerWebSEO is not liable for errors discovered after publication.
- WEB DESIGN AND DEVELOPMENT
11.1 HipowerWebSEO agrees to design and develop a website at Client’s request and will deliver the work by to the agreed specifications in the Project Brief.
11.2 Client is solely responsible for preparing and posting detailed descriptions of each of its Project Briefs, including providing samples illustrating Client’s creative brief (“samples”), site structure, number of pages required, the applicable deadline, and other relevant terms and conditions. Client agrees to provide information to HipowerWebSEO within 30 days of signing the agreed Project Brief.
11.3 Client agrees to supply the HipowerWebSEO with adequate photography or imagery to use in the design; or SEO may recommend a stock photography bundle to suit the project. Client acknowledges that an additional fee may be assessed for any stock photography we acquire.
11.4 Client agrees that if it fails to deliver information or content to HipowerWebSEO to enable development work to commence within thirty (30) days, that HipowerWebSEO may at its discretion consider the project cancelled. Client also agrees that no refund would be payable under this circumstance and will not hold HipowerWebSEO liable for subsequent breach of this Agreement.
11.4 HipowerWebSEO will send Client a “Web Draft” once work is completed. Client agrees to review and test website for grammatical, spelling, graphical errors and coding bugs. Client hereby agrees that it is their sole responsibility to notify HipowerWebSEO of any such errors during the revision cycle and before the final files have been generated. Client agrees to provide feedback and revisions to HipowerWebSEO within fourteen (14) working days after receipt of the draft.
11.6 Client is responsible for acquiring and purchasing a domain name. HipowerWebSEO may at its discretion advise Client on suitable names.
11.7 Client hereby acknowledges that HipowerWebSEO is not responsible for any errors, grammatical or otherwise found in submitted material Client provides towards the development of the website.
11.10 HipowerWebSEO agrees to resolve any errors or implement revisions requested by Client. Client agrees that a maximum of three revisions are available.
11.11 Client acknowledges that any change requests after final approval has been given to HipowerWebSEO or after website is live in Production, that HipowerWebSEO reserves the right to require Client sign a new contract and pay any subsequent fees. HipowerWebSEO will not commence work on subsequent change requests until full payment has been received.
11.12 Client acknowledges that HipowerWebSEO will add a “Web Design” by “HipowerWebSEO” link to the footer section of each website they work on. This is HipowerWebSEO’s branding and to remove it will cost $250.
12.1 Client’s website should be hosted on a reliable server, based in the country of Search Engine interest, with constant availability, for optimum results.
12.2 HipowerWebSEO may recommend changing Client’s host or server, in order to protect the interests of your web site’s ranking within the Search Engines. HipowerWebSEO offers no guarantees to interruption of hosting services and cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service.
12.3. Client may elect to host their website with HipowerWebSEO for an additional annual fee. Client agrees to pay the annual hosting charge in advance of commencement of hosting services
12.4 Client acknowledges that HipowerWebSEO may from time to time be required to perform maintenance, upgrades or replacements to servers. HipowerWebSEO reserves the right to suspend access to such server during the required time to do the maintenance, upgrade or exchange the server. In this event, HipowerWebSEO will notify Client via e-mail at least 24 hours before the due date and time for maintenance.
INTELLECTUAL PROPERTY AND COPYRIGHT
13.1 The technology and content provided on the HipowerWebSEO Site, unless specified otherwise is owned by or licensed to HipowerWebSEO. Content includes but not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software.
13.2 HipowerWebSEO and its licensors retain all proprietary rights to that content and technology and by continuing to use this website, Client acknowledges said content and technology is protected by Australian and international intellectual property laws.
13.4 For all content, imagery or photography provided to HipowerWebSEO in the provision of services, Client hereby warrants:
- i) they own the intellectual property rights in that content;
- ii) that content does not infringe the intellectual property rights of a third party;
iii) that content is not fraudulent, stolen, or otherwise unlawful;
- iv) that content does not violate any applicable law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, or criminal law);
- v) that content is not defamatory, unlawfully threatening or unlawfully harassing; and
- vi) that content does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
13.4 HipowerWebSEO reserves the right to refuse any content it considers to be in contravention with any of the above statements.
- STOCK IMAGERY/PHOTOGRAPHY
14.1 Client acknowledges that copyright to any stock imagery or photography used on Client’s websites is retained by the owner.
14.2 Client acknowledges that such images can therefore not be used or re-used for any other purpose and can only be used as they were placed onto your website by HipowerWebSEO. Any editing of the dimensions in which they appear may contravene their usage rights.
- TRUTH IN ADVERTISING
15.1 Client hereby warrants that there is nothing in any advertisement or other material provided to HipowerWebSEO, or in any material to which the advertisement or other material links or refers, that violates any personal or proprietary right of any third party, constitutes false advertising, is harmful, or violates any law or governmental regulation.
15.2 Client agrees to indemnify and hold harmless HipowerWebSEO, its employees, directors, heirs and assigns against all liability, loss, damage and expense of any nature, including attorneys’ fees, arising out of the publishing, distribution, or transmission of any advertisement submitted by or on behalf of the Client or the linkage of any advertisement to any other material
- ASSIGNMENT OF INTELLECTUAL PROPERTY TO CLIENT
16.1 All copyright and other intellectual property rights in any work created, commissioned or otherwise acquired by HipowerWebSEO during the implementation of any contract between HipowerWebSEO and Client shall remain with HipowerWebSEO until full payment has been received.
16.2 Upon full payment, HipowerWebSEO hereby agrees to transfer to the Client all rights title and interest in the copyright and other intellectual property rights in all artwork, manuals, information, material reports, source code and other output which is produced, extended or modified during the production of the work outlined.
- TERM OF AGREEMENT AND CANCELLATION
17.1 The Initial Term for the Agreement for Services shall continue as follows unless otherwise mutually agreed upon in writing:
– 180 days for search engine optimization contracts
– 90 days for Google AdWords™ and Social media advertising contracts
17.2 Following the Initial Term, this Agreement shall renew at the end of each 30-day period for a successive 30-day term unless either party provides a minimum of 7 days written notice of its intention not to renew or if both parties agree to enter a new contract term for a determined time period.
17.3 Cancellations become effective on the day processed by HipowerWebSEO. Client will be notified of the cancellation via email.
17.4 If Client cancels before the end of the initial contract term a $50 penalty will be assessed.