SEOMUL Terms of Service
SEOMUL is a online marketing agency, focussing on SEO and content marketing. SEOMUL is based in The Netherlands, and is able to provide SEO related services worldwide. Great customer service combined with honesty and dedication, SEOMUL is determined to bring value to each client, no matter where you are located.
Terms & Conditions
Please read these terms and conditions carefully. They govern the use of this website and provision of SEOMUL’s services described on this page, acceptance of which constitutes a legally binding contract.
INTERPRETATION AND DEFINITION
The following terms in this agreement shall have the respective meanings assigned to them:
“SEOMUL” means provider of online marketing solutions;
“Client” means the party that enters into an agreement with SEOMUL , its employees, agents, representatives and sub- contractors, to whom the Service is provided as agreed;
“You” means any visitor to the SEOMUL site;
“Site” means the SEOMUL website at www.seomul.com.
“Commencement Date” means the date of commencement of the Services as agreed;
“Fees” means the amounts payable by the Client for the Services provided by SEOMUL as detailed in the agreement;
“Initial Term” unless otherwise stated in Agreement means either 180 days from Commencement Date for SEO contracts and 90 days from the Commencement Date for Google AdWords™ or Social Media advertising.
“Payment Terms” means the agreed schedule of payments that the customer shall make to SEOMUL for the provision of services forming part of these Terms and Conditions;
“Services” means the services that SEOMUL currently offers, details of which are on the SEOMUL website and the services to be provided by SEOMUL to the Client as specified in the agreement.
This Agreement is by and between SEOMUL, its Clients their heirs, assigns, agents and contractors and Users of SEOMUL’s website and is made effective as of the date of electronic execution. By accessing the SEOMUL website, you acknowledge and agree that you have read, understood, acknowledged and agreed to be bound by all the terms and conditions of this Agreement.
SEOMUL 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 other online marketing services.
2. LINKS TO OTHER WEBSITES
Links to other websites are provided for your convenience. SEOMUL does not control other websites and cannot be responsible for the content or accuracy of the information or other material on these websites. Unless expressly stated on this website, the provision of a link to an external website does not constitute an endorsement or approval of that website or any of the products or services on that website. You should seek independent expert advice if you have any concerns regarding what services, products or solutions may be suitable for you. SEOMUL will not be liable for any damages or injury arising from your access to such sites or content.
3. LIMITATIONS ON USE OF SITE
You agree to use the Site only for lawful purposes. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent SEOMUL.
4. QUOTE FOR PROVISION OF SERVICES
All quotes supplied by SEOMUL are valid for 7 days from the date the quote is
4.2 SEOMUL may amend this provision during promotional periods. Acceptance can be provided in writing, via electronic mail, in writing or via fax.
5. COMMENCEMENT OF SERVICES
5.1 SEOMUL will send Client an email requesting additional information for the Agreement. SEOMUL will commence work within fourteen (14) days after the date of receipt of information.
5.2 SEOMUL will use its best endeavours to provide Service to Client within a reasonable timeframe. SEOMUL is not liable for delays to project or anticipated timeframes for delivery of service.
6. PAYMENT TERMS
6.1 Client agrees to pay for the Products and Services in full prior to work commencing on the Agreement, unless otherwise agreed at SEOMUL’s discretion. Invoices are payable within five (5) business days from the date of the invoice.
6.2 Client may request a full refund within seven (7) days of remitting payment to SEOMUL, prior to work commencing. Client acknowledges that no refunds are available once work has commenced on the Agreement and additional requests for refunds will require Management review.
6.3 If payment has been declined or has not been made, Client’s account will be suspended.
6.4 For returned cheques due to insufficient funds, SEOMUL reserves the right to request alternate payment method.
6.5 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.
7. CLIENT OBLIGATIONS
7.1 Client will provide SEOMUL with direct and remote access to its website, and shall provide such other reasonable assistance as SEOMUL may request, including, but not limited to, providing source code and other statistical, diagnostic information and other relevant information required to enable SEOMUL to comply with its obligations under this Agreement.
7.2 SEOMUL shall provide the Services during the continuance of this Agreement SEOMUL will use reasonable efforts to provide Client with the Services in accordance with the estimated timeline set out in the Agreement.
7.3 Where the Service being provided requires, SEOMUL will liaise with the relevant web agency, hosting company or other third party in order to provide the Services. SEOMUL 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 SEOMUL breaching its obligations under this Agreement.
7.4 SEOMUL will not make changes to or update a Customer’s website prior to written or verbal consent from the Customer, stating that SEOMUL 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.
8. IMPLEMENTATION OF SEO SERVICE
8.1 Client acknowledges that Search Engine Optimization (“SEO”) is governed by many factors which are outside the direct control of SEOMUL. 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. SEOMUL 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.
8.2 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 SEOMUL and no refunds or discounts given.
8.3 SEOMUL is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
8.4 SEOMUL is not responsible for the Client overwriting SEOMUL’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.
8.5 SEOMUL 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
8.6 Client acknowledges that SEOMUL will add an “SEO Services” by “SEOMUL” link to the footer section of each website they work on. This is SEOMUL’s branding and to remove it will cost $250.
9. IMPLEMENTATION OF GOOGLE ADWORDS®
9.1 SEOMUL shall provide Client a management service of a Google AdWords® account in accordance with the terms set out in the Agreement.
9.2 Client expressly permits SEOMUL 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. SEOMUL is not liable if Client’s account is rejected.
9.3 SEOMUL acknowledges that Client owns the Google AdWords™ Account developed by SEOMUL. Upon expiration of the term of this agreement Client may retain the account and all its configuration.
9.4 SEOMUL will send a draft to Client once work is complete. Client agrees to review and approve said draft within fourteen (14) business days. SEOMUL is not liable for errors or omissions once the ads are deployed.
10. FACEBOOK AND SOCIAL MEDIA ADVERTISING
10.1 SEOMUL 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 Agreement.
10.2 Client agrees to provide SEOMUL 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 SEOMUL. Drafts will be sent to Client for approval before being submitted to the relevant site.
10.3 Client agrees that any images to be used in advertisements will be supplied to SEOMUL. Client acknowledges that if images are not provided, additional design fees may be payable. SEOMUL will include these additional fees on the invoice.
10.4 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. SEOMUL will make every effort to create a substitute advertisement. If the advertisement is rejected due to content, SEOMUL shall require Client to supply new copy acceptable to aforementioned sites. SEOMUL 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 SEOMUL is not liable for this decision and no refund will be payable.
11. LINK BUILDING
11.1If requested SEOMUL shall provide the link building services as specified on the SEOMUL website and to the agreed specifications on the Agreement.
11.2 The number of links stated in the Agreement is the number of links that SEOMUL 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.
11.3 SEOMUL 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.
11.4 Client acknowledges that SEOMUL is not liable for the content of those sites. Use of any such linked web site is at the Client’s own risk.
11.5 The inclusion of any link does not imply endorsement by SEOMUL of the site.
11.6 Client acknowledges that linking to “bad neighborhoods” or receiving links from “link farms” can seriously damage all SEO efforts. SEOMUL does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.
12.1 SEOMUL agrees to produce written material for inclusion on Client’s website upon the request of the Client and per the agreed specifications in the Agreement.
12.2 SEOMUL agrees that it will be the sole author of the work, which will be original work by SEOMUL copywriter, free of plagiarism. SEOMUL 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
12.3 Client may provide additional copy to SEOMUL. Client accepts full responsibility for all detail contained in the copy provided to SEOMUL 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.
12.4 SEOMUL 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 SEOMUL will cooperate with Client in editing and otherwise reviewing the work prior to publication.
12.5 Client agrees that they are responsible for reviewing the final draft for accuracy to include spelling and grammatical errors, statements and assertions. SEOMUL is not liable for errors discovered after publication.
13. TRUTH IN ADVERTISING
13.1 Client hereby warrants that there is nothing in any advertisement or other material provided to SEOMUL, 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.
13.2 Client agrees to indemnify and hold harmless SEOMUL, 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
14. ASSIGNMENT OF INTELLECTUAL PROPERTY
14.1 All copyright and other intellectual property rights in any work created, commissioned or otherwise acquired by SEOMUL during the implementation of any contract between SEOMUL and Client shall remain with SEOMUL until full payment has been received.
14.2 Upon full payment, SEOMUL 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.
15. TERM OF AGREEMENT AND CANCELLATION
15.1 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
15.2 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.
15.3 Cancellations become effective on the day processed by SEOMUL. Client will be notified of the cancellation via email.
15.4 If Client cancels before the end of the initial contract term a $50 penalty will be assessed.
16. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
16.1 SEOMUL warrants that the services provided will at the time of delivery correspond to the specifications provided in the agreed upon Agreement.
16.2 Client acknowledges that SEOMUL does not warrant or make any representations concerning the accuracy of design, content, features, features, functions and performance of any web pages created by SEOMUL or any advertisement placed on social media websites or otherwise, nor does it warrant or make any representations concerning the accuracy, likely results, or reliability of any optimization services it provides.
16.3 Client hereby agrees that the responsibility to check the performance, accuracy and quality of any web pages created by SEOMUL rests solely with them.
16.4 Client hereby agrees that SEOMUL is not liable for any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
16.5 Client agrees SEOMUL is not liable for absence of services as a result of illness or holiday.
16.6 The content on this Site is for general information only and use and is not intended to address your particular requirements. In particular, the content does not constitute any form of advice, recommendation or arrangement by SEOMUL and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Any arrangements made between Client and any third party named on this Site is at Client’s sole risk and responsibility.
16.7 Use of this site is at your sole risk. All materials, information, and services are provided “as is,” with no warranties or guarantees of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Without limitation, Seomul makes no warranty or guarantee that this website will be uninterrupted, timely, secure, or error-free.
To the maximum extent permitted by law, under no circumstances and under no legal theory, tort, contract, or otherwise, shall seomul or any of its underlying service providers, business partners, information providers, licensors, officers, directors, account providers, employees, distributors or agents (collectively referred to for purposes of this section as “seomul”) be liable to you or any other person for any money damages, whether direct, indirect, special, incidental, cover, reliance or consequential damages, even if Seomul shall have been informed of the possibility of such damages, or for any claim by any other party. In the event that notwithstanding the foregoing, Seomul is found liable to you for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), the liability of seomul to you will be limited to the amount you paid for the services.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
17.1 Client acknowledges and agrees that SEOMUL, at its sole discretion, may suspend access to this website, suspend services or terminate this Agreement if the Client:
i. fails to pay any sum due under this Agreement and
such sum remains unpaid for 5 days after written notice from SEOMUL that such
sum has not been paid;
ii. ceases to carry on business or become insolvent, or have an administrator or receiver appointed or enter into liquidation or enter into any agreement with its creditors; or
iii. fails to fulfill any of its obligations under any part of this or any other agreement that it has with SEOMUL; or
iv. interferes with or impairs the Service, or SEOMUL’s ability to deliver the Services.
vi. behaves in a manner found to be unlawful, inconsistent with, or in violation of, the letter or spirit of the terms of this Agreement.
18.1 Save as provided in this Agreement each party shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed by one party to the other. Each party shall restrict disclosure of such confidential material to such of its employees as need to know the same for the purpose of discharging its obligations under the Agreement and shall ensure that such employees are subject to corresponding obligations of confidentiality.
19.1 Client agrees to indemnify and hold harmless SEOMUL, 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.
20.1 If any provision of these Terms is held to be unenforceable, or invalid, for any reason, then that provision is deemed to be modified to the extent required to remedy the unenforceability or invalidity or if it is not possible to remedy the unenforceability or invalidity, that provision is to be severed from these Terms and these Terms will otherwise remain in full force.
22. ENTIRE CONTRACT
22.1 These Terms are the entire agreement between the parties regarding the use of this Website and the purchase of any services and supersedes all previous negotiations, commitments and agreements about the website and the services.
21.1 This Contract shall be governed by the dutch laws. The parties submit all disputes arising between them to the courts in The Netherlands and any court competent to hear appeals from those courts of first instance.