1. General Terms & Conditions:
1.1 All SEO articles are supplied “as is.” Modifications to these articles if required will be carried out by the Client. Links in SEO articles must remain unchanged.
1.2 All recommendations made by the Service provider are our own recommendations, based on established best practices and our own experience.
1.3 Clients make use of the services of the Service provider at their own risk.
1.4 The Service provider reserves the right to remove Client links in the event of non-payment of any amounts due, owing and payable to the Service Provider.
1.5 Furthermore, in the event that the Client’s account is in arrears for a period of 90 days or more, the Service provider may elect to cancel the Client’s contract with immediate effect and claim the full outstanding contract price from the Client. In addition thereto, the Service Provider reserves the right to suspend the Client’s website with immediate effect until further notice.
1.6 The Service provider cannot be held liable for the actions of third parties under any circumstances, including but not limited to the plagiarism of articles written by the Service provider on behalf of the Client, in the event that such articles are copied and used elsewhere on the internet.
1.7 All articles are unique, original content, written for the sole use of the Client, and containing up to 3 links to contextually relevant, non-competitive websites for the purposes of search engine optimization.
1.8 The Service provider reserves the rights to make changes or / and amendments to the above agreement. If such a condition should occur all parties involved will be notified in writing.
1.9 The Service provider has the right to place information pertaining to your business on any of the publisher and search provider websites and by signing this agreement you authorize the Service provider to develop content based on information or material provided by you or generated by any of the Service provider’s staff members.
1.10 The Service provider may not be held liable or responsible for any violation of copyright, trade secret, trade mark, patent, invention or any other nondisclosure rights of the Client.
1.11 The Client hereby indemnifies and may not hold the Service provider liable for any costs (including attorney fees), damages and liabilities arising from any negligence or un-intentional violation of any copyright, trade secret, trade mark, service mark, patent, invention, proprietary information or non-disclosure rights of the Client or any third party.
1.12 To the full extent of the law, the Client will be liable to pay any expenses or damages to the Service provider resulting from claims made by third parties with regard to usage of material provided by the Client even after termination of this agreement.
1.13 To the full extent of the law, the Service Provider disclaim all warranties not expressly set forth in this document express or implied with regard to the Service provider’s services.
1.14 Limitation of Liability: the maximum aggregate liability the Service provider may have to the Client will be limited to the total amount of fees collected from the Client. The Service provider will have no liability in connection with the functionality or content of any website not owned by the Service provider. The above agreement will be governed by the laws of the Republic of South Africa. Any claims against the above agreement must be made within 30 days after the expiration date of the contract and must be made in writing to: “AIMWEB Global Web Solutions”, “2002 Viveka House”, Unit 1, 10 Parklands Main Rd. Parklands, Cape Town, 7441”. Should a claim arise, the Client agrees to waive a trial (court) resolution and to first seek resolution by arbitration.
1.15 However, should same not be successful the Service Provider may institute legal proceedings against the Client who will be liable for all legal costs on an attorney and client scale and collection commission.
1.16 The Service provider reserves the right to delegate or subcontract any part of the contract in question to a third party entity of the Service provider’s choice.
1.17 The person signing the “Terms & Conditions” certifies that he/she is authorized to purchase services on behalf of the Client.
1.18 The “Terms & Conditions” are binding on both parties on the date the “Terms & Conditions” is signed and payment is made.
1.19 If there are ‘Setup Costs’ associated with the agreement. The setup costs are non-refundable.
2. SEO Hosting Terms and Conditions:
2.1 Free website is subject to taking of SEO services with at least 2 keywords.
2.2 Free website will only become the property of the client after the 24-month contract has come to an end and all monies owing have been paid in full.
2.3 Should the client wish to transfer the hosting to another ISP prior to the 24-month contract expiration date and in the event the clients website has been modified / re-vamped. The client will be liable to pay all the development fees associated with this.
2.4 SEO Hosting Services will be provided on a best effort basis and the client will only be liable for payment of SEO work once the Google.co.za front page (position 1-10) ranking has been achieved for any of the predefined keywords.
2.5 The amount owed associated with the successful ranking of a predefined keyword will be deducted on the next debit order run unless other arrangements have been made.
2.6 After the ranking of a predefined keyword has been achieved, the client will automatically be liable for the costs associated with the upkeep of the predefined keyword on the front page.
2.7 Should the client not wish to pay the keyword upkeep fees, the client needs to notify AIMWEB in writing.
2.8 The upkeep of a predefined keyword will be calculated based on the following formulae:
Average monthly traffic * 2 (for example if the keyword has a monthly traffic of 100 visitors, it will cost R100 * 2 = R200 to upkeep the front page ratings). This amount will be added to the SEO Hosting fee the following month after ranking of the keyword on Google page 1.
2.9 Due to fluctuations and Google algorithm changes, AIMWEB does not guarantee any rankings at any given time but will attempt to recover the clients ranking as soon as possible after an occurrence of such an event and at no additional cost to the client.
2.10 Once the SEO process for any predefined keyword has been started, should the Client wish to cancel the optimization process prior to the contract termination date, the client will be liable for 50% of the keyword ranking fee if the keyword is ranking on page 3 or further. If the keyword is ranking on page 2 at the moment of cancellation, the client will be liable for 80% of the keyword ranking fee.
2.11 Should the rankings not be achieved by the service provider at the time of the expiration of the initial 24 month contract, the client may cancel their services by giving one month notice period and the client will not be billed for any work associated with his website or SEO.
2.12 After the initial 24-month contract has expired, it will automatically continue on a month- to-month basis including SEO services (Ranking and Upkeep) associated with the client’s website unless a written notice is received from the client instructing AIMWEB to do otherwise.
2.13 The free website (or website re-vamp) is offered to our SEO clients as a token of gratitude for their business, however the client must understand that those websites that are paid for take priority over the free websites and there may be a waiting period of up 6 months for their website to be completed.
2.14 After the initial website specification has been received and the website has been developed, the client will have access to no more than 3 hours of additional development time for any changes they may want done to their new website. Additional hours will be billed at R350 per/hour.
2.15 The service provider reserves the right to suspend service in the event of non-payment of over 90 days as well to list the debtor with TransUnion / ITC as well as proceed with legal action if a resolution by means of arbitration cannot be reached.
2.16. AIMWEB may not in any way be held responsible for any illegitimate or illegal activity and/or advertising conducted by our clients through their websites.
2.17 AIMWEB will not in any way be held responsible should any material of copyright nature be provided by the client and used in the client’s website.
2.18 The service provider reserves the right to outsource work to a third party or person.
2.19. Should the client perform actions on their website that are deemed damaging by the service provider to the website’s current SEO rating and / or work performed by the SEO specialist, the client will be held liable for the additional costs associated with recovery from those actions and this will be billed at R350 p/hour.
2.20. For a free website service, a Biz Launch activation form must be completed by the client within 21 days of signing the contract. Failure to do so will result in the client losing their position in the development schedule and unforeseen delays in the development of the client’s website.
2.21 The Service provider may not in any way be held liable for any problems caused by delays and / or negligence from the client side.