Definitions:This Search Engine Optimisation and Reporting Agreement (“Agreement”) is hereby entered into between eMarkets Network Pty. Ltd (hereinafter referred to as “Company”) and the client set forth in the order form (“Client” or “you”) incorporated herein by this reference (together with any subsequent order forms submitted by Client, the “Order Form”) and applies to the purchase of all Search Engine Optimisation and Reporting Services (hereinafter collectively referred to as “SEO Services”) ordered by Client.
1. TERM AND TERMINATION.This Agreement is entered on the date set out in the Order Form. The agreement is for the term or terms specified in the order form and client should stay with eMarkets network Pty Ltd for the minimum service period set out in order form to achieve reliable search engine position. This Agreement may be terminated by Company (i) If Client fails to pay any costs/fees hereunder within 7 days of the due date for payment; or (ii) if Client fails to cooperate with Company or hinders Company’s ability to perform the SEO Services hereunder. In the event this Agreement is terminated Client agrees to pay interest on the outstanding amount(s) until payment is made in full @12 percent per annum and be responsible for and reimburse the Company all costs and expenses, including commissions, which may be incurred or become payable in any collection and/or legal action for recovery of monies due and owing. In this regard legal costs include legal costs on a Solicitor-Client basis.
2. SEO SERVICES.Company agrees to provide Client with SEO Services as described in the Order Form and this Agreement. Company is authorized to use the specific keywords and/or phases set forth in the Order Form for development, improving the ranking of, and/or positioning the contents of the Client’s URL(s) (as set forth in the Order Form) in search engines and/or directories. SEO Services are intended to provide the Client with preferential positioning in selected search engines. SEO Services include:
- Research keywords and phrases to select appropriate, relevant search terms. The number of keywords is set forth in the Order Form. Additional keyword purchases will require a separate Order Form.
- Submit Client’s pages to search engines and directories as set forth in the Order Form or this Agreement.
- Forum posting and Blog posting for the website.
- Create positioning reports showing rankings in the major search engines and under which keywords at appropriate intervals during the term of this agreement.
3. FEES: LIMITATIONS ON REFUNDS AND CANCELLATION FEES.Client agrees to pay Company any and all costs and fee(s) as stated in Order Form. The set-up costs and first month’s fee(s) must be received prior to the commencing any SEO Services. The client may terminate / cancel the services by 30th day notice following the date of the Cancellation Notice. If the fails to notify termination of this Agreement 30 day before the end of the Minimum Term Period this agreement then this agreement will be extended to a further term of 12 months without notice to the client. any amounts paid by the Client in respect of Services Fees and Charges relating to the Minimum Service Period or the set-up fee shall not be refunded to the Client and correspondingly, the Client shall be liable for all Service Fees and Charges due and payable by the Client in respect of the Minimum Services Period and/or the set-up fee. The company is hereby authorized to deduct any amount outstanding from the client from any refunds owing to the client and to charge client’s credit card account or other payment mechanism for any amounts owed from time to time by client to company. The client acknowledges and agrees that the Setup Costs and Minimum Service Period are calculated on the basis that a substantial amount of work is required to be undertaken by the Company for the Client in the provision of the services during the Minimum Service Period. Typically more value will be delivered in the Minimum Service Period of the services than has been accrued and the Company will incur significant loss in the event the Client terminates the agreement without cause during the Minimum Service Period. Such loss is quantified to be the balance of the Setup and service fee.
4. CLIENT RESPONSIBILITIES.For the purposes of providing these services, Client agrees:
- To provide Company with FTP access to its web sites for uploading new pages and making changes for the purpose of providing SEO Services or authority to obtain such access or information from third parties.
- To authorize the Company for use of all Client’s logos, trademarks, Web site images, etc in creating informational pages and any other uses as deemed necessary by Company for search engine positioning and Optimisation.
- That if Client’s web site(s) is limited (minimal) in textual content, Client will provide additional relevant text content in electronic format for the purpose of creating additional web pages. Client agrees to provide content, for example 200 to 500 word “articles” for each of their keywords and/or phrases.
5. SEARCH ENGINES.Selected search engine submissions include: Google Australia All the Web MSN Yahoo Australia Alta vista *Top Major SE and SE names may change without notice
6. CLIENT ACKNOWLEDGEMENTSClient understands, acknowledges and agrees that:
- Company has no control over the policies of search engines or directories with respect to the type of sites and/or content that they accept now or in the future. Client’s web site(s) may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory entity. Company will re- submit those pages that have been dropped from the index.
- Some search engines and directories may take as long as two (2) to four (4) months, and in some cases longer, after submission to list Client’s web site(s).
- Occasionally, search engines and directories will stop accepting submissions for an indefinite period of time.
- Occasionally, search engines and directories will drop listings for no apparent or predictable reason. Often listing will “reappear” without any additional submissions. Should the listing not reappear, Company will re- submit the website(s) based on the current policies of the search engine or directory in question. Some search engines and directories offer expedited listing services for a fee. Company encourages Client to take advantage of these expedited services. Client is responsible for all expedited service fees unless otherwise noted in the Order Form.