Terms & Conditions.
This Terms of Service Agreement (the “Agreement”) sets out the terms and conditions on which you (the “Client”) have engaged Kings of Search, to perform certain Services as outlined below. This is a legally binding agreement between you and Kings of Search. By becoming a Kings of Search Client, 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 Kings of Search
The Terms & Conditions in this agreement apply to any and all parties that have engaged Kings of Search in any capacity for any of their Services.
1. SERVICES
1.1 Kings of Search offers digital marketing services specialising in search engine optimisation (hereinafter “SEO”) and Google AdWords (hereinafter “PPC” or “Pay Per Click”).
1.2 SEO Services
Kings of Search provides SEO services to the Client for mutually agreed keywords and prices as agreed between the parties before the commencement of this Agreement.
1.3 Google AdWords
Kings of Search provides PPC services to the Client for mutually agreed ads and keywords and the price is as agreed between the parties before the commencement of this Agreement. This price does not include ad spend. Ad spend is to be paid for by the client on an agreed upon basis.
1.4 The Client authorises Kings of Search to appoint agents and/or contractors from time to time to assist in the provision of the Services under this Agreement.
2. Kings of Search’ OBLIGATIONS
2.1 Kings of Search will provide Services to the Client in accordance with Kings of Search’ standard policies and procedures. Kings of Search reserves the right to reject Clients for any other reason, at Kings of Search’ sole discretion. Kings of Search will be responsible for all aspects of providing the Services.
2.2 All Kings of Search rules, policies and operating procedures concerning privacy, pricing, customer service, and all other aspects of the Services will apply, and Kings of Search may change its rules, policies and operating procedures from time to time in its sole discretion.
3. REPORTS AND ACTIVITIES
3.1 Kings of Search’ SEO link building activities (“off-page optimisation”) are confidential and does not disclose these activities. However, to provide the Client with feedback & transparency about how their campaigns are progressing with SEO services, Kings of Search provides access to ranking reports and/or monthly website performance reports.
3.2 Monthly Website Performance Reports are only applicable to Clients whose Proposal explicitly states this as a deliverable.
3.3 Clients who have engaged “one-off” services are not entitled to monthly reporting, meetings, consultations or Support unless explicitly stated in written correspondence.
3.4 Clients who have purchased one of the SEO Setup Packages are not entitled to Website Performance Reports or any other reports except for confirmation of tasks completed as part of the respective Setup package.
3.5 Clients who have engaged Kings of Search for any Service wherein a Letter of Agreement or Proposal has not been submitted are not entitled to receive any reports or deliverables unless explicitly stated in written correspondence.
3.6 Kings of Search provides results-based services and all reporting is associated with outcomes that have been achieved as a result of our Services. Reporting also includes expert commentary, ongoing recommendations. Kings of Search methods of achieving these results are confidential and proprietary. These methods, backend processes and activities are not reportable to the Client. Hours worked on the Client’s project or Services are not reportable to the Client.
4. FEES AND PAYMENT
4.1 All fees for Services provided to the Client are due for full payment in advance of the provision of Services.
4.2 For all ongoing Services provided to the Client, the first payment must be made in full prior to the designated Campaign Launch Date,The Campaign Launch date marks the beginning of the Client’s monthly Billing Cycle. Thereafter, all monthly payments must be made in full prior to start of the following Billing Cycle, until both the parties agreed to cancel via written communication
4.3 Client must ensure that full payment is made prior to commencement of the upcoming Billing Cycle (see 4.2).
4.4 A Client can make payments to Kings of Search by bank transfer or credit card.
4.5 If the Client provides Kings of Search with their credit card information, the Client authorises Kings of Search to automatically charge their credit or debit card for charges that apply to the Client’s account. Recurring charges will be posted to the Client’s credit card until such time that the Client cancels Kings of Search’ service.
4.6 If the payment method is credit card, Kings of Search will attempt to charge the Client’s credit card on the monthly anniversary date of the client first ordering services.
4.7 All invoiced fees must be received by the stipulated date on the invoice.
4.8 Charges not paid by the due date for any reason might result in a suspension of Services until full payment is received.
4.9 The Client acknowledges that any unpaid invoices will be sent to a collection agency after 14 days from the due date.
4.10 All fees are non-refundable.
5. TERMS OF CANCELLATION
5.1 a minimum of 30 days written notice has to be given to Kings of Search in case of service termination of services provided by Kings of Search to its clients. Unless if both parties agree to enter a new term for a determined cancellation time period.
5.2 Cancellations become effective on the day they are processed by Kings of Search. The Client will be notified of the cancellation via email.
6. WARRANTY DISCLAIMERS
6.1 Kings of Search expressly disclaims any and all warranties regarding or related
to this agreement other than those imposed by statute under the laws of the Commonwealth of Australia or Victoria.
6.2 Kings of Search makes no warranty or representation:
6.2.1. 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;
6.2.2. for any specific result on any search engine;
6.2.3. as to the quantity or quality of increased traffic or sales to the Client’s Website; or 6.2.4. as to Client Website’s ranking. In particular, the Client acknowledges that the search engines change their ranking algorithms on a regular basis and new sites and competitor sites may be being optimised and submitted continually.
6.3 While Google’s results are displayed on other search engines, Kings of Search’ Services are aimed at increasing visibility and boosting traffic from Google. Google does change its algorithm and Kings of Search is not responsible for the client’s rankings due to this algorithm change. Kings of Search will endeavour to maintain the Client’s Google rankings, but the Client acknowledges that Kings of Search is not liable for any loss of business due to ranking fluctuations caused by Google algorithm changes. Plus, if the Client has had any previous search engine optimisation work carried out on their website by another organisation, Kings of Search is not responsible for the Client’s ranking fluctuations that may have been caused by this previous SEO work.
6.4 The Client acknowledges and agrees that:
6.4.1. the information available on or through the Client’s Website following the application of the Services is not reviewed, controlled or examined by Kings of Search in any way before it appears on Client’s Website;
6.4.2. Kings of Search does not endorse, verify or otherwise certify the contents of any such information; and
6.4.3. The Client remains at all times legally responsible for the content of the Client’s Websites (including in connection with infringement of intellectual property rights of any other party).
6.4.4. Kings of Search has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Client’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
6.4.5. Client will provide Admin-level access to their website.
6.4.6. Kings of Search retains the right to display graphics and other web content elements as examples of their work in their portfolio and as content features in other projects.
6.4.7. Kings of Search retains the right to suspend Client’s Services if payment has not been received for 15 days into the Client’s Billing Cycle (see 4.2).
6.5 Kings of Search does not warrant or guarantee that:
6.5.1. any information available on or through Kings of Search will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties; or
6.5.2. that the functions or services performed by Kings of Search or a Supplier will be uninterrupted or error-free, or that defects in Services will be corrected.
6.6 The Client remains responsible for the ongoing security and integrity of their own software, website, networks and systems
6.6.1 Kings of Search will ensure the security of The Clients company's data and privacy information.
6.7 The Client remains the owner of any content created by Kings of Search on the Client’s social media profiles or the Cleint’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 AdWords.
6.7.1 If Kings of Search makes any changes to the Client’s website or Google
AdWords, the Client remains responsible for checking the content and for correcting it if it is necessary.
6.7.2 Kings of Search does not guarantee any conversion rates or specific numbers of clicks and spend related to SEO, Google AdWords and social media services.
6.7.3 If Kings of Search 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.
6.8 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 Kings of Search on Kings of Search marketing materials (such as websites, proposals, and portfolio examples).
7. LIMITATION OF LIABILITY
Kings of Search 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 Kings of Search has been advised of the possibility of such damages. In no event shall Kings of Search’ liability to the Client hereunder exceed the amount paid to Kings of Search 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.The Client accepts that, as a limited liability entity, Kings of Search has an interest in limiting the personal liability of its employees (and contractors). You agree that you will not bring any claim personally against our employees and contractors in respect of any losses you suffer in connection with the Services provided by Kings of Search.
8. UNENFORCEABLE PROVISIONS If any provision of this Agreement is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Agreement.