PK SEO Terms of Service
This Terms of Service Agreement (the “Agreement”) sets out the terms and conditions on which you (the “Client or Customer”) have engaged PK SEO , to perform SEO or ranking requirements as outlined below. This is a legally binding agreement between you and PK SEO
By entering into an agreement with PK SEO you agree to be legally bound by the terms and conditions set forth in this Agreement. The “Effective Date” of this Agreement shall be the date on which you make the first payment for Services to PK SEO .
1. SERVICES Provided To You By Us
1. PK SEO offers internet marketing services that include, but are not limited to: search engine optimisation , link building, and Web development. When you employ our services, PK SEO does NOT, in any way shape or form provide for sale, lease or ownership to clients, hosting, hosting accounts, domains, or domain accounts. PK SEO Consultants is purely a Sydney SEO service which provides on page SEO and off page SEO . We therefore only provide improved ranking services on search engines, nothing more.
2. SEO Provided
PK SEO provides SEO services to the Client for mutually agreed on keywords and prices as agreed between the parties before the commencement of this agreement and this is paid per month ongoing for improving or maintaining rankings until further notice by the client to cease all services.
On site SEO, adjustments, updates, content adding or pages added is charged after completion of the original site. If the SEO plan is ceased, all services are ceased.
PK SEO does not provide the sale of any products to you, only SEO. By this we mean, no hosting services are provided to the client, no domain purchasing, or otherwise downloadable products of any kind, Only SEO. SEO is basically leased work space online. PK SEO owns nothing, the client owns nothing. SEO Plans must be maintained monthly to support ongoing rankings.
3 Web design and development
PK SEO provides all website design requirements for an agreed sum up to completion.
Free On Site Website Services Now Ending As Of 01/01/2022
For years since our beginnings, It has always been within the scope of our services to provide free on site adjustments such as image uploads, content adjustments and new page uploads. Having said this and due to the ever-increasing cost of quality SEO resources, this offer can no longer be supported and is now not feasible to maintain.
Clients who were aware of this service have taken full advantage of it and enjoyed the benefits of exponentially growing their online presence practically with no cost of onsite expenses but this offer is now no longer supported or available. Listed below are site costs after completion and now apply.
Addons After Completion. Images Content Adjustments and New Pages
Image Uploads $85.00
Content Adjustments $75.00
Page uploads with the client providing content $750.00. Content to be provided $350.00 added to $750.00
If it is advised that a given website will need to be adjusted with added content in order to increase rankings, then it is our best advice to do so but these costs will need to be met by the client in order to provide increased rankings and the client accepts and understands this.
If charges are not accepted for the benefit of improving website rankings, then it may not be possible to further increase rankings as onsite SEO and growth is a required necessity for increased rankings. The client also accepts and understands this
Although the majority of our SEO are carried out in house, the Client authorises PK SEO to appoint agents and or contractors from time to time to assist in the provision of all SEO outsourced requirements and Services under this Agreement.
Our Obligation To Our Clients
PK SEO will provide Services to the Client in accordance with PK SEO'S standard policies and procedures. We reserve the right to reject Clients for any given reason and this is solely at our discretion.
All of PK SEO rules, policies and operating procedures concerning privacy, pricing, customer service, and all other aspects of the Services will apply, and PK SEO Services may change its rules at any given time without notice
4. SEO REPORTS AND ACTIVITIES
PK SEO link building work ( “off-page optimisation” ) are confidential to PK SEO alone and are not disclosed to clients for any given reason and we do not disclose this work in progress.
However, to provide a client with feedback about how a domain is progressing with SEO , PK SEO can provide updated reports on targeted keyword rankings upon request. Analytics tracking of any kind is at the discretion and responsibility for the client to monitor.
We can however at additional cost, monitor rankings and provide reports to the client utilising a third party software apart from Google analytics.
4. FEES AND PAYMENT
All fees for Services provided to the Client are due and payable in full in advance of the provision of services every month for ongoing work unless instructed otherwise to cease work.
- Late Fees
Late payments always place inordinate stress on our own outgoings every month and make it difficult for us to maintain rankings for our clients. For this reason, invoices that are now late past the due date will incur a 55 dollar admin fee as resending late invoices puts undue pressure on our services and absorbs unnecessary time and expense.
This will allow us to meet all our own obligations on time and without hindrance to our operations or penalty fees placed upon us by our own service providers. The client understands and accepts this.
All invoiced fees must be received by the due date stipulated on the invoice or a $200 administrative late fee will apply after 90 days of the invoice due date & thereafter every 30 days.
In matters where payments are extremely late or responsibilities not met, collections services will be engaged to collect owing funds.
If payments are stopped after rankings have been achieved, no further maintenance, SEO work, or work of any kind will be provided to maintain current rankings.
Payments are made monthly by EFT directly into our account or Paypal or by alternative payment arrangement
If the Client provides PK SEO company or personal credit card information, the Client authorises PK SEO to automatically charge their credit or debit card for charges that apply to the Client's account for any SEO work carried out.
Recurring monthly charges will be charged to the Client's credit card until such time that the Client cancels or ceases SEO
If the payment method is credit card, PK will attempt to charge the Client’s credit card on the monthly original commencement date of the client first ordering SEO
It is at our discretion if we continue SEO for you if you have not met payments by the due date. In such cases, SEO are ceased until payment is made and account status restored.
The Client acknowledges that any unpaid invoices will be sent to a collection agency after 3 months.
PK SEO does not issue refunds of any fees for any reason or refund any SEO work already carried out from commencement of the agreement
- On Site SEO Interference By Clients And New Charges Now Applying For Re-correcting Site Changes To already SEO'D Website
SEO by today's standards is basically rocket science. Websites that don't move from high rankings whatsoever are websites that are not interfered with by the client. Clients that alter their website without our knowledge will also be aware of their constantly fluctuating rankings that comes with client interference and then requires repeated input by us to restore
Very rarely are client rankings affected by algorithm changes within the quality of our SEO, even though this can happen.
Most clients who do not make adjustments to their sites without prior notification and leave this to us know their rankings have not altered since achieving number 1 positions and have enjoyed non-stop business due from this. Slight fluctuations due to algorithms are however expected.
It takes time to rank client sites for a multitude of keywords and much of this has to do with on site SEO which many clients do not understand. In Most cases min 6 months to sufficient rankings
We often stress to all our clients that if it is a required need to make changes to their site that they MUST notify PK SEO before doing so as this can and in most times have dire consequences on rankings.
When this instruction is not followed and rankings drop, clients THEN usually contact PK SEO to express their concerns without notification of prior changes made by the client and question as to reasons of depleted rankings and often attempt to place this responsibility on our services to correct at our cost.
We know when sites have been altered by our clients and for reasons of repeated communications with clients to not interfere with on site changes without prior notification to PK SEO, we now must apply fees for correcting on site SEO repeatedly changed by clients which have inadvertently reversed their own rankings
- FEES NOW APPLYING TO RE-CORRECT ON SITE SEO
$230.00 Per Hour
On Site Updates Outside The Control Of PK SEO
Any site updates not carried out by us but by the client which affects site rankings or decreased rankings will be charged at $230.00 dollars per hour till completed. No Max figure guaranteed
5. TERM OF AGREEMENT AND CANCELLATION
PK does not utilise LOCK IN contracts. This Agreement however shall renew at the end of each 30-day period automatically for a successive 30-day term unless either party provides a minimum of 7 working 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. Either way, fees already charged for that month are not refundable.
Cancellations become effective on the day they are processed by PK SEO. The Client will be notified of the cancellation via email or phone as per the clients request.
When cancellation is implemented, no further SEO work is carried out and existing SEO is no longer maintained. If client rankings diminish after cancellation regardless of time of cancellation, it will not be the responsibility of PK SEO as SEO will not have been maintained.
6. CEASE WORK AND DEPARTURE FROM PK SEO SERVICES
It is at the discretion of PK SEO Services if we decide to recommence a client that has decided to re-engage our services after having ceased work for whatever reason and has decided to return. It is actually our preference NOT to recommence clients who have ceased work and then wish to re-enage our services after a given period as this has happened in the past with some clients
Loyalty is a desired and admired aspect within PK SEO from our clients and we provide bonuses for clients who have stayed on for a period of two years or longer. Clients who exit from our services will lose all loyalty programs such as lower budgets from higher staged SEO plans upon recommencement and any free of charge on site work that may have been offered in the past, IF the client is reaccepted.
Through our years of experience, clients who after having achieved high rankings seek to further cost cut by reducing budgets sometimes take the inevitable wrong decision of ceasing work with PK SEO by the promise of impossible gains for budgets half the price. This only aids in depleted rankings and lost revenue and is not usually brought to fruition.
It is also usually not understood by the client that an already ranking position is handed over to a cheaper provider who has to implement nothing more to achieve high rankings which are basically charges for doing no extra work on existing SEO that is providing those rankings.
For the purposes of providing SEO cheaper, competitors practice very low quality SEO that cheaper budgets only offer.
In case like this, existing high rankings suffer by the implementation of poor quality SEO practises by the cheapest provider the client has engaged with based on cheaper budgets
This causes severe stress not just on our client but also our own business. if we accept this client back into our services it places undue pressure by forcing us to focus less on existing clients who are also paying customers.
Reason for this is that we now need to focus on a client that now requires additional attention to restore severely damaged rankings as they did not follow the advice of PK SEO before ceasing our services.
During this phase of restoring rankings, the reinstated client places unnecessary pressure on PK SEO Services every month to restore rankings as quickly as is possible
Reimplementation Fee Now Applies.
Clients wishing to return after such developments will now incur a surcharge of six months MIN from the month of having ceased work with PK SEO so that we can attempt to restore rankings. Rankings returns are also not guaranteed and fees are not refundable.
Client accepts and understands this. EG. If your monthly plan was on exit from PK SEO STAGE 2 which is 1600 per month, multiply this figure by six equals $9600 will be applied plus the continuance of the plan to begin from the recommencement period. The client accepts and understands this.
If this condition can not be accepted, then client can not be recommenced within PK SEO Services and it is our preference NOT to recommence this client due to complications that will be met head on and the undue and unnecessary pressure it places on our business and existing clients
7. WARRANTY DISCLAIMERS
PK SEO expressly disclaims any and all warranties as there are no warranties under services of internet marketing.
PK SEO makes no warranty or representation as to the position your advertisement is placed on a search result page, or the frequency and time of day that your advertisement is displayed;
for any specific result on any search engine;
as to the quantity or quality of increased traffic or sales to the Client’s Website; or as to Client Website’s ranking.
The Client also acknowledges that search engines change their ranking algorithms on a regular basis and new sites and competitor sites may be being optimised and submitted continually.
While Google’s results are displayed on other search engines, PK SEO are aimed at increasing visibility and boosting traffic from Google.
Legal Disclaimer: While our process of SEO has been proven to work for us and other clients repeatedly, and we guarantee that all necessary processing of SEO will be taken, We DO NOT GUARANTEE ANY KIND OF SERP RESULT nor are we responsible for any change good, bad, or otherwise in Google ranking or other serp fluctuation.
When you purchase this service you acknowledge that you understand and that you do not expect anything other than the process.
Google does change its algorithm approximately 3200 times per year and PK SEO is not responsible for the client’s rankings due to this algorithm change which is carried out consistently.
PK SEO will always work to maintain the Client’s Google rankings, but the Client acknowledges that PK SEO is not liable for any loss of business due to ranking fluctuations caused by Google algorithm changes as PK SEO is not in control of Google algorithm changes.
To add, if the Client has had any previous search engine optimisation work carried out on their website by another SEO organisation or company, PK SEO is not responsible for the Client’s ranking fluctuations that may have been caused by their previous SEO providers and not responsible for not being able to return rankings to an acceptable state due to poor SEO carried out by the previous provider.
The client also acknowledges that refunds for attempting to return rankings that result in consistent low rankings are also not refundable. Algorithm changes which Google and other search engines alter through the course of the year can vary by many types of algorithm changes which can impact rankings.
PK SEO again, does not control this and we are therefore not liable of changes in rankings due to algorithm changes. Competition can also influence rankings on negative levels which would effect client rankings.
Again, we can not control these changes. Average rankings for most niches is minimum six moths to two years for effective SEO and rankings on page one of Google.
8. The Client acknowledges and agrees that:
Although we attempt to implement legitimate updates and changes, the information available on or through the Client’s Website following the application of the Services is not reviewed, controlled or examined by PK SEO in any way before it appears on Client’s Website;
PK SEO does not endorse, verify or otherwise certify the contents of any such information; and
The Client remains at all times legally responsible for whatever content may be on the Client’s Websites (including in connection with infringement of intellectual property rights of any other party).
9. PK SEO does not warrant or guarantee that:
any information available on or through PK SEO will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties; or
that the functions or services performed by PK SEO or a Supplier will be uninterrupted or error-free, or that defects in Services will be corrected.
The Client remains responsible for the ongoing security and integrity of their own software, website, networks and systems at all times and that this is not the responsibility of PK SEO
The Client remains the owner of any content created by PK SEO on the Client's social media profiles or the Client's website. The Client remains responsible for all content on the Client’s website or the Client’s social media networks such as Facebook, Twitter, Google Plus, LinkedIn, Instagram, Pinterest and other social media networks belonging to the Client or Google
10. Social Media
If PK SEO makes any posts or uploads content or makes any changes to the Client’s social media networks such us on Facebook, Google Plus and Twitter, LinkedIn, Instagram, Pinterest, the Client remains responsible for checking the content and for correcting it if it is necessary.
By providing access to the Client’s social media networks, the Client allows PK SEO to read and respond to any messages or posts made on the Client’s social media networks.
The Client agrees to share the Client’s website URL, keywords used for SEO purposes, website design, and/or social media profile URLs created/or managed by PK SEO on PK SEO marketing materials (such as websites, proposals, and portfolio examples), unless the Client instructs otherwise.
The Client will indemnify PK SEO and its customers, suppliers, directors, officers, agents and employees from and against any and all losses, costs, damages, liabilities and expenses arising out of or relating to any breach by the Client of any of the terms of this Agreement.
12. LIMITATION OF LIABILITY
PK SEO shall not be liable to the Client or any entity or person claiming through or under the Client for any loss of profit or income or other indirect, consequential, incidental, or special damages, whether in an action for contract or tort, in connection with this Agreement, even if PK SEO has been advised of the possibility of such damages.
In no event shall PK SEO's liability to the Client hereunder exceed the amount paid to PK SEO by the Client for the previous one (1) month of services. This limit is cumulative and the existence of more than one claim will not enlarge the limit. The Client acknowledges that these limitations of liability are an essential element of the bargain between the parties and in their absence the terms and conditions of this agreement would be substantially different.
This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof. This Agreement may be amended from time to time in PK SEO's sole discretion. An email communication sent to the Client’s last known email address will be deemed sufficient notice of any such changes in this Agreement if we choose to send you an email.
This Agreement shall be binding upon and inure to the benefit of the parties` successors and permitted assigns; provided however, that the Client may not assign this Agreement, in whole or in part, without PK SEO's prior written consent and any assignment by the Client without such consent shall be null and void.
This Agreement shall be governed by and interpreted in accordance with the laws of the state of New South Wales (Australia) without regard to its rules pertaining to conflict of laws. Any litigation or dispute resolution related to this Agreement shall take place in Australia, and the parties hereby consent to the jurisdiction of the state and federal courts located therein.
Except as otherwise expressly set forth herein, any notice required or permitted to be given under this Agreement shall be sufficient if in writing, in the English language, and sent via Australia Post Certified Mail, return receipt requested.
If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, that provision will be severed only to the extent minimally necessary, and the remaining provisions of this Agreement will remain in full force and effect.
The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.