(Last Updated: Wednesday 15th January, 2020)
SEO Marketing Service & Consultancy
The terms in which Evolution Design Agency provide SEO Marketing Services & Consultancy are set out in this agreement and the Evolution Design Agency general Terms & Conditions (as varied from time to time).
The current version of Evolution Design Agency’s general Terms & Conditions is accessible at www.evolutiondesign.com.au/terms-and-conditions which prevails to the extent of any inconsistency with the below SEO Marketing Service & Consultancy Terms & Conditions.
In this Agreement the following words have their corresponding meanings:-
Agreement / Terms and Conditions means your agreement with us as contained in this document (as may be modified from time to time).
I, You, Your / Account Holder means the person or company named as the client in this Agreement and (where applicable) the website or business that you have authority over.
We / Evolution Design Agency is us, your Marketing Service Consultants and Management Team
By placing an order with Evolution Design Agency you agree to of Evolution Design Agency’s general Terms & Conditions is accessible at www.evolutiondesign.com.au/terms-and-conditions. Placing an order verbally, in writing or via email communication will be deemed acceptance of these terms and conditions. Verbal instructions are accepted on the basis that Evolution Design Agency will not be held responsible for any error that may arise. Cost estimate, quotes, agreements or orders are deemed as accepted upon proceeding communication, written, signed, received verbally or digitally communicating the commencement or continuance of aforementioned work.
SEO Marketing Service & Consultancy Terms and Conditions
This contract is entered into between Evolution Design Agency and the Client for the specified domain as listed below.
- Evolution Design Agency will provide Client with Search Engine Optimization Services (hereinafter referred to as “SEO”) as described in this contract. Evolution Design Agency will use specific keywords and/or phrases to improve the search engine ranking of, and/or position the contents of the Client’s website.
- All SEO services fees must be paid in full prior to the start of campaign. Evolution Design Agency’s SEO services are intended to serve two main purposes:
- to provide the Client with increased exposure in search engines, and
- to drive targeted online traffic to the site
- Evolution Design Agency’s SEO Services will include (but are not limited to):
- Researching keywords and phrases to select appropriate, relevant search terms.
- Obtaining “back links” from other related websites and directories in order to generate link popularity and traffic
- Editing and/or optimization of text for various html tags, meta data, page titles, and page text as necessary
- Analysis and recommendations on optimal website structure, navigation, code, etc. for best SEO purposes.
- Recommend, as required, additional web pages or content for the purpose of “catching” keyword/phrase searches.
- Provide monthly traffic and ranking reports for the clients domain name and any associated pages showing rankings in the major search engines.
- Web Development changes
- Conversion tracking
- Call Tracking
- Content, unless otherwise specified
- For the purposes of receiving professional SEO services, Client agrees to provide the following:
- Administrative/backend access to the website for analysis of content and structure.
- Permission to make changes for the purpose of optimization, and to communicate directly with any third parties, e.g., your web designer, if necessary.
- Unlimited access to existing website traffic statistics for analysis and tracking purposes.
- An Evolution Design Agency email address for the purposes of requesting links (something like seo@YourDomainName.com.au)
- Authorization to use client pictures, logos, trademarks, web site images, pamphlets, content, etc., for any use as deemed necessary by Evolution Design Agency for search engine optimization purposes.
- If Client’s site is lacking in textual content, Client will provide additional text content in electronic format for the purpose of creating additional or richer web pages. Evolution Design Agency can create site content at additional cost to the Client. If Client is interested in purchasing content from Evolution Design Agency, please contact Evolution Design Agency for a cost estimate.
- Client must acknowledge the following with respect to SEO services:
- All fees are non-refundable.
- All fees, services, documents, recommendations, and reports are confidential.
- Evolution Design Agency has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Client’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
- Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, Evolution Design Agency does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term. However, if Evolution Design Agency fails to increase keyword ranking after 90 days of services Evolution Design Agency will continue SEO services at no added cost until an increase in keyword ranking is achieved or for an additional 3 months whichever comes first.
- Google has been known to hinder the rankings of new websites (or pages) until they have proven their viability to exist for more than “x” amount of time. This is referred to as the “Google Sandbox.” Evolution Design Agency assumes no liability for ranking/traffic/indexing issues related to Google Sandbox penalties.
- Occasionally, search engines will drop listings for no apparent or predictable reason. Often, the listing will reappear without any additional SEO. Should a listing be dropped during the SEO campaign and does not reappear within 30 days of campaign completion, Evolution Design Agency will re-optimize the website/page based on the current policies of the search engine in question at a pre-agreed fee.
- Some search engines may take as long as 6 months, and in some cases longer, after submission or resubmission, as applicable, to list and rank websites;
- Search engines may stop accepting submissions for an indefinite period of time;
- Some search directories offer expedited listing services for a fee. If the Client wishes to engage in said expedited listing services (e.g., paid directories), the Client is responsible for all paid for inclusion or expedited service fees. Evolution Design Agency can offer a list of expedited listing services upon request.
- Linking to “bad neighbourhoods” or getting links from “link farms” can seriously damage all SEO efforts. Evolution Design Agency does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation. Evolution Design Agency does not condone or conduct such methods as part of their services to client’s websites.
- Evolution Design Agency will not be held liable for any changes made to the client’s websites by other parties that may adversely affect the search engine rankings of the client’s website.
- Evolution Design Agency has not control over third party’s removing links and content or removing, deleting or changing a website. Any modification of the client’s websites by themselves or any third party may impact on the listing or ranking of a website. Any work or services required by Evolution Design Agency as a result of such modification shall be at an additional fee;
- Evolution Design Agency will provide monthly reports demonstrating each services sites traffic results during the lifetime of a sites plan.
- Liability and Indemnity: The client agrees that except to the extent caused by the gross negligence, fraudulent act or omission or wilful breach of this agreement by Evolution Design Agency, and its officers, employees and contractors shall, to the maximum extent permitted by law, not be liable to the client or its clients, officers and employees or contractors or any other entity for any Claims whatsoever:
- in relation to provision or non-provision of the Services or arising from any act or omission by Evolution Design Agency relating to the Services;
- arising from any act or omission of any third party, including the unavailability or performance of any search engine, relevant internet interface or database or the listing or ranking of any of the client’s websites;
- in relation to the use by the client (or its officers, employees, agents or contractors) of any Documents;
- in the event that any transaction contemplated by the client does not proceed; or
- in relation to acts or omissions of the client or any third party,
- and the client shall and hereby does indemnify and hold Evolution Design Agency and its officers, employees and contractors harmless from all such Claims. In this agreement “Claim” means any claim, expense, demand, action, suit, proceeding, loss or damage of any kind or character (including without limitation for legal costs or special, indirect, punitive or consequential damages, loss of profit or business opportunity or payment of liquidated sums).
- Evolution Design Agency is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
- Additional Services not listed herein (such as managing pay-per click campaigns, copywriting, link baiting, etc.) will be provided for an additional fee, please contact Evolution Design Agency for a cost estimate.
- The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Evolution Design Agency for inclusion on the website above are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Evolution Design Agency and its subcontractors from any liability or suit arising from the use of such elements.
- Evolution Design Agency is not responsible for the Client overwriting SEO work to the Client’s site. (e.g., Client/webmaster uploading over work already provided/optimized). The Client will be charged an additional fee for re-constructing content, based on the hourly rate of $140 per hour (+GST). Notwithstanding any other provision of this Agreement, Evolution Design Agency’s obligation to provide free SEO services shall cease in the event the Client’s conduct overwrites the SEO services provided. For example, if the client’s webmaster uploads content without consulting Evolution Design Agency, then Evolution Design Agency’s obligation to provide SEO services for free shall terminate.
- Mediation and Dispute Resolution:
- Dispute Resolution. Upon receipt of the notice of dispute, the parties must attempt to agree upon an appropriate procedure for resolving the dispute. If within 10 business days of receipt of the notice of dispute the dispute is not resolved or an appropriate alternative dispute resolution process is not agreed, then the parties shall proceed to mediation.
- Mediation. The parties must endeavour to settle any dispute in connection with the agreement by mediation. Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties or, failing agreement within 7 days of receiving any party’s notice of dispute.
- Mediation – Arbitration. ‘Any dispute or difference whatsoever arising out of or in connection with this agreement shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.’
- If the dispute or difference is not settled within 30 days of the submission to mediation (unless such period is extended by agreement of the parties), it shall be and is hereby submitted to arbitration in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Rules for the Conduct of Commercial Arbitrations’.
- Notwithstanding the existence of a dispute or difference each party shall continue to perform duties in accordance agreement.