This website is operated by SEO WEB DESIGNS. Throughout the site, the terms “we”, “us” and “our” refer to SEO WEB DESIGNS. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site, making an order, obtaining a quote, you engage in our services and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the site, including users who are browsers, vendors, customers, commenters and contributors of content—without exception.
Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of our services.
Any new features or resources which are added to the current website are also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The section headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 1 – ONLINE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependants to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, or resell any portion of the content on this website without the express written permission from us to do so.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Specifically, we are not responsible for changes of information that relate to WordPress.org, the themes and plugins obtained via WordPress.org, or anything connected to Themify, the software we use for website design, or anything related to Google. Both WordPress and Themify offer frequent updates of their software, and Google is notorious for changing their search engine technology, and this may affect both the information on this website and the related applications. You agree that it is your responsibility to confirm or deny information related to WordPress, Themify and Google.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services are subject to change without notice.
We reserve the right at any time to modify or discontinue services (or any part or content thereof) without notice at any time.
For Top Star Support and Vitalise Marketing services, we increase our pricing by 10% each year. While we endeavour to contact each client a month before the increase is due, we are not always able to do so.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our services.
We reserve the right to limit the offer of our services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of the services that we offer. All descriptions of services and pricing are subject to change at any time without notice, at our sole discretion.
We do not warrant that the quality of any service, information, or resource obtained by you via our website will meet your expectations, or that any errors in our service will be corrected.
SECTION 5 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, competitors, or distributors.
You agree to provide current, complete and accurate personal information for all orders and quotes made via the website. You agree to promptly update your account and other information, including your email address, so that we can complete your order and contact you as needed.
SECTION 6 – THIRD-PARTY RESOURCES
We may provide you with access to third-party resources over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such resources “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of these third-party resources.
Any use by you of third-party resources offered through our services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such resources are provided by the relevant third-party provider(s).
We may also, in the future, offer new services through the website (including, the release of new resources). Such new services are also subject to these Terms of Service.
This specifically includes, but is not limited to, Themify, creators of the software we use for website design, WordPress, the creators of the website software we utilise, and the plugins both Themify and WordPress make available (including the myriad of third-party plugins available through WordPress.) We cannot assume any responsibility should a future WordPress update, for example, fundamentally change your website design, layout or functionality.
SECTION 7 – THIRD-PARTY LINKS
Certain content, products and services available via our website may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8 – USER COMMENTS AND FEEDBACK
We welcome comments and feedback, and make provision for such via our Contact Form and comments field. However, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to (1) maintain any comments in confidence, (2) pay compensation for any comments, or (3) respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 9 – PERSONAL INFORMATION
Your submission of personal information through the website is governed by our Privacy Statement. We recommend that you view this statement immediately.
SECTION 10 – CONCLUSION OF SERVICE AND PAYMENT
Full payment on all packages and services is required upfront unless a payment plan is clearly offered. Our work of service, “the contract,” concludes when we notify you by email that the project is complete. You’ll have two weeks to lodge any further queries. Any requests made after the end of the second week will be handled on a per quote basis.
In the event a payment plan is agreed upon, we keep the login credentials of the website until full payment is completed. If payment is not received, we reserve the right to lock you out of the website as our first course of action. If payment is still withheld, we further reserve the right to delete the website. The website’s domain name is your property as is your contract with your webhost and any images and content you have supplied. However, the website’s theme, structure, settings, plugins and configuration is our property until payment is completed in full.
In terms of our support and subscription plans, all payments are made in advance. If a client decides to cancel our subscription or support arrangement during the month, we will complete support for the month in question.
SECTION 11 – RESPONSIBILITY AFTER CONCLUSION OF SERVICE
Once we have completed our service for you, the maintenance of your website and your website’s SEO is your responsibility. This includes, but is no way limited to, the updating of your WordPress theme, updating any and all of your installed plugins, the regular updating of the WordPress platform itself, and backing up your site regularly. Should something go wrong, you should direct your enquiry to your webhost, who should assist you as part of the support service you pay for. We are not responsible for mistakes you make in changing the settings or configuration of the website, or in installing plugins that affect the same. If you seek help from us, we may consider quoting you for the job, but we are not obliged to assist.
For clients who have purchased the Standard, Classic or Premier Package, you will receive notifications from Themify for the plugins installed related to the web-building software, but these do not require updating.
SECTION 12 – POLICY ON REFUNDS, UPGRADES AND THE RECOMMISSION FEE
Even before payment is made, we have begun working on your project. We never take on work that we haven’t first assessed in terms of all the factors involved. For this reason, we do not offer refunds. No exceptions.
Clients are welcome to upgrade between packages. Simply paying the difference between the two packages is sufficient unless we’ve already installed the theme you’ve purchased. In this case, we require an additional $100. (Why? The change-my-mind administrative fee covers the cost of time and labour to uninstall one theme and install the new theme, re-configuring the site-wide settings.)
If a client wishes to upgrade from Turbo or Turbo+ to one of the website packages, we require the difference and an additional $150. (Why? Because we’ll need to rebuild your site entirely from scratch. Any work we’ve done on your existing site has to be redone.)
Downgrades are not allowed.
Web design and SEO is a collaborative project, as there are decisions the client needs to make in terms of design, content and offsite factors. If in the unlikely event, a client stalls the project and three (3) months lapse, the project is deemed terminated and no refund is given. The project will only begin again after a recommission fee of $200 is paid. An additional $200 will be charged for each subsequent month. In other words, after four (4) months, a recommission fee of $400 is due. After five (5) months, $600 is required, and so on. If the project involves an eCom store, an additional $100 will be charged each month. Should more than nine (9) months pass, the full fee will need to be paid again.
(Why a recommission fee? Again, this administrative fee covers the cost of time and labour involved in rescheduling the project, processing the software updates that have accumulated during the lapsed period, and reviewing the project from scratch to ensure a smooth conclusion.)
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to our services and pricing. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the website, including pricing information, except as required by law. No specified update or refresh date applied on the website, should be taken to indicate that all information has been modified or updated.
We do not take responsibility for typographical errors, inaccuracies or omissions on third-party websites and services.
SECTION 14 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website, other websites, or the Internet. We reserve the right to terminate your use of the website for violating any of the prohibited uses.
SECTION 15 – GRAPHICS (LOGOS, IMAGES & VIDEOS) AND CONTENT
As part of the design process, we ask each client to provide graphics (logos, images, videos, etc.) and content (text) for their site. We assume that you, as the owner of the website property, hold the necessary rights to do so.
We cannot be held liable for any logo, image, video and the like, should it be subject to a copyright claim. Nor can we be liable should the content itself be subject to a plagiarism claim.
By using our services, you agree that you are either the owner of all the graphics and content you provide or that you have the necessary authorisation to do so.
SECTION 16 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of our services will be accurate or reliable.
You agree that from time to time we may remove our services for indefinite periods of time or cancel our services at any time, without notice to you.
You expressly agree that your use of, or inability to use, our services is at your sole risk. The website and all our services delivered to you are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantableness, durability, title, and non-infringement.
In no case shall SEO WEB DESIGNS or anyone connected to us be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 17 – INDEMNIFICATION & SEVERABILITY
You agree to indemnify, defend and hold harmless SEO WEB DESIGNS and anyone connected to us, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
SECTION 19 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the website and the services we offer constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the website or our services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org with the subject: Terms of Service Enquiry.