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Service Agreement |
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SmartOptimizations.com services Agreement Term of Service and Termination: Term of service and Termination shall be effective as indicated, if a customer decides to terminate the service(s) purchased, the customer must send us a written notice within 30 days of purchased in other to terminate service for a refund. Please be advised that the portion of charge for the toptensearchresult listings for pay per click will not be refunded after it has been spent there are no fixed budgets. Smartoptimizations.com reserves the right to also terminate any service at anytime. Below are a list of businesses we shall not service: Pornograpic businesses Quick money Schemes Racial Themed websites Hate groups websites Ocult groups websites We reserve the right to add or substract various groups from this list. We shall terminate this agreement if Customer fails to pay for service(s), We shall terminate this agreement if Customer hinders our ability to provide services for service(s). After 30 days of purchase there will be no refunds for all of our products. Please be advised that the portion of charge for the toptensearchresult listings for pay per click will not be refunded after it has been spent there are no fixed budgets for pay per click management service for the seo work. Guarantee Top 10 search results listings guarantees the following: silver package guarantees for a minimum of 5 keywords, gold package guarantees a minimum of 20 keywords, platinum package guarantees a minimum of 35 keywords - this means that at any time in the period of 12 months customer shall find some of the keywords researched listed with in the top 20 search results listings in one or more of the main search engines for ranking in this agreement or any of the search engines listed in this agreement. (Please allow at most two months to see results, although results can be seen as earlier as two weeks.) How long a keyword or keywords stays on at a particular postion on a search engine is not guaranteed. Please be advised that the portion of charge for the toptensearchresult listings for pay per click will not be refunded after it has been spent there are no fixed budgets. However all flash websites are not guaranteed, guarantee maybe voided for all these reasons and more. If websites are down a day; one day or more, web sites that have been altered after smartoptimizatons.com optimized it, web sites that have been cloned, or that does not use 301 for redirects smartoptimizations.com cannot guarantee - meaning the guarantee shall not apply. If customers fail to respond to communications from smartoptimizations.com for 30 days optimization services will not begin and payment will be surrendered in full. Search engines usually take about 3 months to index , Link popularity and ranking take time which is necessary to gain competitiveness in order to achieve traffic. Keywords will be submitted to search engines on world wide web. Main Search Engine for ranking are: AOL, AlltheWeb, AltaVista, Excite, Google, MSN, Netscape, and Yahoo!. Smart Optimizations.com shall in no event be liable for any lost of profits, lost of savings, other incidental and consequential damages from the optimizations services provided. Smart optimizations.com services does not guarantee sales or traffic to your website. Customers will not have to pay for paid submission fees for inclusion in some search engines, additional fees may apply for changes, modifications, updates, and optimization alterations that are not included in the optimization services packages. Changes in Website: Smartoptimizations.com shall not be resonpisible for any changes by other parties which will negatively or adversely affect the services, search engine optimizations services or durectiory rankings of customers websites. Additional Services: Any additional services not included in the purchased service will be charged up to $250 per hour. We will not be responsible for customers overwriting search engine optimizations services to customers webistes or customers overwriting search engine optimizations services already done by smart optimizations.com or being done by smart optimizations.com. Services purchased are indicated on each products web page as such. Main Search Engines for ranking will be Google, Aol, Netscape, alltheweb, altavista, Excite, Yahoo, Msn, all though your ad will appear in over 1000 of search engines and directories on the world wide web. Top Major Search Engines and Search Engine names may change without notice. Fees: Customer shall pay smartoptimizations.com prior to the start of service; fees and charges must be received prior to beginning the service. Payment arrangements are possible but not guaranteed. Please be advised that the portion of charge for the toptensearchresult listings for pay per click will not be refunded after it has been spent there are no fixed budgets. Waivers: There will be no waivers by either parties Acknowledgements: Customer understands,
acknowledges and agrees:
SmartOptimizations.com has no control over the policies of search engines or directories
with respect to the type of sites and/or content accepted by search engines now or in the
future. Customer’s web site(s) may not be accepted by search engines or
directories at any time by search engine or directory
entities. SmartOptimizations.com will resubmit pages which may have been dropped in the index. Some search engines and directories will take as long as two (2) to four (4)
months or some 9 months to index, and in some cases longer, after submission to list Customer’s web
site(s). In some cases, search engines and directories will stop accepting submissions
for a period of time. Sometimes, search engines and directories will drop listings for no
apparent or predictable reason. Often listing will “reappear” without any
additional submissions. SmartOptimizations.com will always resubmit based on polices on search engines and directories. Some search engines and directories offer paid inbclusion services for a
fee. SmartOptimizations.com will not charge customer any submission fees by search engines. DISCLAIMER OF ALL OTHER WARRANTIES: SMARTOPTIMIZATIONS.COM DOES
NOT WARRANT THAT THE SEARCH ENGINE OPTIMIZATION SERVICE OR ANY OTHER SERVICE SHALL MEET THE EXPECTATIONS OR
REQUIREMENTS OF THE CUSTOMER. THE WHOLE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS WITH
CUSTOMER. SMART OPTIMIZATIONS.COM WILL PROVIDE ITS
SERVICES "AS IS" AND WITHOUT WARRANTY OF ANY KIND. THE PARTIES AGREE THAT (A)
THE LIMITED WARRANTIES ARE SET FORTH IN THIS SECTION ARE THE SOLE AND EXCLUSIVE
WARRANTIES PROVIDED BY EACH PARTY, AND (B) EACH PARTY DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO
THIS AGREEMENT, PERFORMANCE OR INABILITY TO PERFORM UNDER THIS AGREEMENT, THE
CONTENT, AND EACH PARTY’S COMPUTING AND DISTRIBUTION SYSTEM. IF ANY PROVISION OF
THIS AGREEMENT SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN
THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND SHALL NOT
AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS. LIMITED LIABILITY: IN NO EVENT SHALL SMARTOPTIMIZATIONS.COM, IT ' STAFF, MANAGEMENT OR OWNERS BE
LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR
COURSE OF PERFORMANCE, LOST PROFITS, WHETHER OR NOT FORESEEABLE OR ALLEGED TO BE
BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY, ARISING
UNDER THIS AGREEMENT, LOSS OF DATA, LOSS OF IMAGES OR ANY PERFORMANCE UNDER THIS AGREEMENT,
EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED
HEREIN. THERE SHALL BE NO REFUNDS. COMPANY MAKES NO WARRANTY OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY PRODUCTS, THIRD PARTY
CONTENT OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES.
CUSTOMER REPRESENTATIONS: Customer shall make the following representations and warranties for the benefit of smartoptimizations.com at all time: Customer represents to smartoptimizations.com and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork supplied to supplied are owned by Customer, and custome has permission from the rightful owner to the use of each of these items, therefore shall hold harmless, protect, and defend smartoptimizations.com and subcontractors from any claim or suit from the use of such items supplied by Customer. Customer guarantees any items of text, graphics, photos, designs, trademarks, or other artwork given to smartoptimizations.com for inclusion on the website above are owned by Customer, or that Customer has received permission from the rightful owner(s) to the usage each item, and will hold harmless, protect, and defend Company and its subcontractors from any liability or suit arising from the use of such elements. Usually, governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. Customer agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and shall indemnify, hold harmless, protect, and defend smartoptimizations.com and its subcontractors from any claim, suit, penalty, tax, or tariff which may arise from Customer’s exercise of Internet electronic commerce. Confidentiality: Each
party agree to the keeping of other's Proprietary or Confidential Information in strictest confidence.
"Proprietary or Confidential Information" shall include all but not limited to the following,
business strategies and methods, business
policies, memoranda, reports, records, notes, computer retained information,written or oral contracts, trade secrets or ideas, the know-how, or
financial information. Proprietary or The parties involved agree not make one another's Proprietary or Confidential
Information available in any form to any third party or to use each other's
Proprietary or Confidential Information for any purpose other than as specified
in this Agreement. Each party's proprietary or confidential information shall
be kept as the sole and exclusive property of that particular party. Each parties is in agreement that in
any event of usage or disclosure by the other party other than as specifically
indecated as such or implied in this Agreement, that the non-disclosing party shall be entitled to
the equitable relief. With the expiration of this Agreement,
smartoptimizations.com and Customer acknowledge and agree that the responsibilty of
confidentiality with respect to Proprietary or Confidential Information shall
continue in effect for a total period of five (5) years from the effective
date. Force Majeure: Neither party shall be liable for,
or will be considered in breach of or default under this Agreement on
account of, any delay or failure to perform as required by this Agreement as a
result of any causes or conditions that are beyond such Party’s reasonable
control and that such Party is unable to overcome through the exercise of
commercially reasonable determination. In any event of force majeure, the
affected Party will be given prompt written notice to the other Party and will use
commercially reasonable efforts to lessen the impact of the event. Relationship of Parties: Company, in rendering
performance under this Agreement, shall be deemed an independent contractor and
nothing contained herein shall constitute this arrangement to be employment, a
joint venture, or a partnership. Customer does not undertake by this Agreement,
the Order Form or otherwise to perform any obligation of Company, whether by
regulation or contract. In no way is Company to be construed as the agent or to
be acting as the agent of Customer in any respect, any other provisions of this
Agreement notwithstanding. Agreement Binding on successors: The provisions of
the Agreement shall be binding upon and shall inure to the benefit of the
Parties hereto, their heirs, administrators, successors and assigns. Severability: If any term, clause or provision
hereof is held invalid or unenforceable by a court of competent jurisdiction,
such invalidity shall not affect the validity or operation of any other term,
clause or provision and such invalid term, clause or provision shall be deemed
to be severed from the Agreement. Integration:This Agreement constitutes the entire
understanding of the Parties, and revokes and supersedes all prior agreements
between the Parties and is intended as a final expression of their Agreement. It
shall not be modified or amended except in writing signed by the Parties here to
and specifically referring to this Agreement. This Agreement shall take
precedence over any other documents which may conflict with this Agreement. No Inference against author: In no event shall any provision of this
Agreement be interpreted against any Party because such Party or its legal
representative drafted it as such. Read and Understood: All parties involved are sound in all; and in state of their being and have read and agreed to abide by this agreement. Authorized Appointed Person: Any appointed person who purchases services or signs this agreement from either parties is authorized to execute this agreement.
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