1. INTRODUCTION
Adversponse Communications Inc. (the “Company”) is a marketing company providing marketing services.
ApexRank is a white label search engine optimization service (the “Services”) provided by the Company.
You (the “Customer”), will be receiving the Services and making payment to the Company.
2. LEGAL AGREEMENT
The Company provides its Services to Customers subject to these Terms. Please read these Terms carefully. By purchasing Services from the Company, you are stating that you accept the Terms of this Agreement.
By accepting these Terms or by using the Services, you acknowledge that you have read, understand and agree to be bound by these Terms. If you disagree with any part of these Terms, you should not purchase Services from the Company and discontinue any previously purchased Services from the Company immediately.
If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify you and the Company for violations of these Terms.
It is therefore important that you review these Terms each time you make a purchase of Services as the Company has the right to modify these Terms from time to time without prior notice. Such modifications shall be effective upon posting them on the ROBJGREEN.COM website located at http:/robjgreen.com. You agree to be bound to any changes of these Terms when you use the Company after any such modifications to the Terms and Service that apply to your use of the Services.
3. TERMS OF PAYMENT & REFUNDS
When Customer engages the Company to provide Services, they agree to pay all applicable fees, including one-time or recurring fees incurred in connection with the Services of the Company at the prices effective at the time of purchase.
All transactions are processed via Paypal or Stripe, providing Customer with the highest level of security. Company shall bill the Customer through Paypal or Stripe in accordance with the following policies:
3.1 All fees are due up front and then the work will follow. For monthly packages the service fee is due at the beginning of the monthly cycle and the work will be completed over the month following the payment date.
3.2 Services are provided on a month to month basis and may be canceled at any time by either party for any reason. Customer is required to provide written notice via email to info@robjgreen.com a minimum of 10 days prior to their next billing date in order to ensure the next payment is not processed and the next billing cycle does not begin.
3.3 Unless stated otherwise in writing, all service fees and charges are nonrefundable.
3.4 All payments are processed through Paypal/Stripe in US DOLLARS (USD).
3.5 All purchases made by Canadian Customers are subject to applicable GST/HST.
3.6 Company expressly does not honour refund requests for the following reasons: ranking drops/fluctuations/changes as reported by any data source, or Google Search Console Warnings.
4. DISCLAIMERS
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, COMPANY AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTY AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. COMPANY AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT GUARANTEE AND DO NOT PROMISE (A) ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES; (B) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (C) THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. COMPANY AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES ON THE SERVICE.
5. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, COMPANY AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) ARISING FROM YOUR USE OF SERVICES, EVEN IF COMPANY AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF THIS AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR COMPANY TO PROVIDE THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS’ AGGREGATE LIABILITY TO CUSTOMER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO FIVE HUNDRED CANADIAN DOLLARS ($500 CAD). YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND YOU SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, REGARDLESS OF THE CAUSE OF ACTION.
6. SERVICES
Customer acknowledges the following with respect to Services:
6.1 The Company has no control over the policies of search engines with respect to the type of websites and/or content they accept now or in the future. The Customer’s website may be excluded from any directory at any time at the sole discretion of the search engine or directory.
6.2 Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms and other competitive factors, The Company does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase or search term.
6.3 Due to the unpredictable nature of search engines, the Company is not responsible for any loss of revenue due to the ranking or placement or the lack of such for the Customer’s website within the search engines.
6.4 The Company is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Customer’s website.
6.5 The Firm is not responsible for other parties overwriting SEO work on Customer’s site (e.g. Customer’s webmaster making changes and uploading over work already provided). The Customer will be charged an additional fee for any Services that are required to re-construct or re-deploy Services previously provided.
6.6 Links that have been built on third-party websites, including, but not limited to, social media sites, Web 2.0 sites, etc. are not guaranteed to last forever. The lifetime or duration of a link built to the Customer’s website is dependent on the third-party owner of the particular site the link is built on. The Company does not hold liability or responsibility for links that are no longer active or for broken links.
6.7 The Company does not provide any scheduled reporting as part of the Services provided. Customer receives access to a self-service reporting portal located at SEOANALYTICSAPP.COM (http://seoanalyticsapp.com) where the Customer may access up-to-date search engine ranking reports for their keywords tracked.
6.8 Links pointing to the Customer’s website from private websites owned by the Company (referred to as “Real Site Network” links in Company marketing collateral) will remain active as long as the Customer’s Services for that website is active. Upon cancellation of Services, Company may begin removing these links.
6.9 In the event that The Customer has “sub customers” and is rendering The Company’s Services to their sub customer under a white label, the Company is not to be held liable for damages caused in the event that the white label is broken and the identity of the Company is revealed to the sub customer, unless it can be proven that the white label was broken intentionally through malicious behavior by the Company. Every effort is made to protect the white label and the Company will not be held liable through contract or tort for unintentionally breaking the white label.
6.10 The Company’s obligation to perform Services shall be excused without liability when prevented by strike, act of God, governmental action, accident, act of war, act of terrorism or any other similar condition that is beyond the Company’s reasonable control. Customer’s obligation to pay any fees shall continue except during any suspension due to Company’s inability to perform under these Terms.
6.11 The Company’s obligation to perform Services hereunder shall be excused without liability when the Customer does not perform in accordance with the Customer’s obligations under these Terms and Agreements. The Company agrees to resume performance of Services as soon as practicable following cessation of such condition.
6.12 The Company makes no representations or warranties, whether written, oral, express or implied, with respect to the services, including, without limitation, all reports, summaries, information or recommendations prepared or issued, or additional services, if any, or with respect to any other matter hereunder. Each party hereby expressly disclaims any and all implied warranties.
7. GOVERNING LAW
This Agreement is governed by and shall be construed in accordance with the laws of Canada, in the province of British Columbia. The parties submit all their disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the Courts of British Columbia.
8. CONTACT COMPANY
For clarification on any Terms of Service or for support of any kind, please contact the Company at info@robjgreen.com