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 a mutually agreed 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 not charged provided there is an active monthly SEO plan. If the SEO plan is ceased and the client wishes to continue utiling PK SEO for website work, on site standard charges and monthly hosting will apply.
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
3 Web design and development
PK SEO provides all website design requirements for an agreed sum up to completion. Adjustments required after completion are charged or at the discretion of PK SEO
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 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 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. 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.
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
Late fees for failure to pay by the due date can apply and is at our discretion. All invoiced fees must be received by the due date stipulated on the invoice or an AUD200 administrative or late fees of 200 dollars apply after 90 days of the invoice due date & thereafter every 30 days. All late fees will be charged 90 days after the date of the overdue invoice and handed to collection in matters where payments are extremely late.
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
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. 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.
The Client acknowledges and agrees that:
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).
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
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.
7. 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.