The Canada Create Web Solutions. Search Engine Optimization (SEO) Advertising Program Terms are hereunder. The customer accepts the Terms and conditions (hereunder), attached to any document that refers or accept these terms electronically, by signing them. These Terms and Conditions regulate Search Engine Optimization campaign(s) proposed by Canada Create Web Solutions (hereunder), in the scope of this document, described in your Search Engine Marketing Campaign, executed by and between Canada Create Web Solutions and Customer. All parties hereby agree and acknowledge:
2. The Campaign.
Canada Create Web Solutions will create Customer's Local Business Listing in the contracted search engines as well as optimize and promote Customer’s website through Internet Search Engines and/or Social bookmarks and/or Web directories and/or Link Building Services and/or Article/Blogs Distribution (as states in the contract). Canada Create Web Solutions may take up to thirty (30) calendar days from the payment date to process the data entry and to activate contracted service for the client.
For activation of Local Business Listings, Customer must supply Canada Create Web Solutions with activation code received in the mail or by phone in order to activate the listing (search engine specific). Canada Create Web Solutions reserves the right to refuse Local Business Listing creation with specific keyword within first thirty (30) days after activation due to inability to fulfill Local Business Listing due to reasons unrelated to Canada Create Web Solutions. Canada Create Web Solutions may substitute the keywords to generally accepted keywords or by modifying spelling to fulfill the contractual obligation under Local Business Listings and SEO Package. The Local Business Listings will only be advertised in a single geographical area and placed according to Customer’s specific industry. Local Business Listing Advertising in additional geographical areas can be created under a new Advertising Package.
Canada Create Web Solutions is not responsible for accuracy of information provided by the customer. Canada Create Web Solutions does not guarantee the appearance on the ad outside the country of the advertised geographical location, due to language and regional settings. Canada Create Web Solutions does not guarantee specific position(s) of the Customer’s website in the search engines, but doing all reasonable and legitimate effort to move Customer’s Local Business Listing and website to the highest position possible in the Search Engine Results. Images and Video content supplied are not guaranteed to appear due to possibility of technical issues unrelated to Canada Create Web Solutions. Canada Create Web Solutions does not guarantee appearance of the ad, if URL supplied by customer is not in working condition, as it will be automatically filtered out by the search engine.
Video Distribution will be only completed if a video is provided by the client. Canada Create Web Solutions is not responsible for video creation or video editing of any kind.
On-Site SEO services can be performed only by Canada Create Web Solutions, after client provides FTP access to Canada Create Web Solutions Technical Department to access the website the services were contracted for, absents of correct FTP login information, will result in inability or delay in performing the services. If Canada Create Web Solutions is unable to perform the services due to customer’s failure to provide FTP access, no refunds will be issued. Canada Create Web Solutions. will add additional pages/content on client's existing website,if required.
Website Submission services do not guarantee inclusion of customers website in the submission results due to difference in search engine performance regulations and search algorithms.
Directory submission services do not guarantee acceptance to the directory for various reasons not related to Canada Create Web Solutions.
Reports for campaign development are available upon request or if otherwise mutually agreed by Canada Create Web Solutions and client, which is explicitly stated on the agreement.
Canada Create Web Solutions delivers majority of the services listed in SEMP within one month (30 days) from the service activation date. Due to the search engine specific rules for website indexing and actions Canada Create Web Solutions takes to promote customers websites, customer should expect changes in incoming traffic volume and quality 3 months (90 days) after effective activation date.
Customer grants Canada Create Web Solutions permission to utilize an automated software programs to retrieve and analyze websites associated with the Campaign for ad quality and serving purposes. Canada Create Web Solutions may reject or terminate any Campaign at any time for Customer's failure to provide payment.
Search Engine Marketing Campaign is subject to automatic renewal under same terms and conditions as specified in original agreement for the same duration as specified in original contract, Payment information specified in the contract will be used for purpose of payment for renewal and subject to Section 8 of these Canada Create Web Solutions Advertising Terms.
Customers can cancel the contract at any time with in the duration of the project, there will be no REFUND. Canada Create Web Solutions provide Maximum Exposure on 1st Page, There is no Money Back Guarantee.
If client is unable to provide us the valid access. Cancellation charges will apply. Client must pay the cancelation fee, no matter his last month payment has been charged.
Cancellation notice must be sent in writing to 126 Willowdale Ave. Suite#3, Toronto, ON 7days prior to due month payment or client has to pay full month payment as well.
Cancelation on accounts where services were rendered.
Client may cancel the contract, but he/she is liable to pay the payable amount of the contract in full. Cancellation fee will be the full payable amount of the contract.
At any time Canada Create Web Solutions may modify the Campaign and/or its Terms, including change in the price initially charged by Canada Create Web Solutions for the Campaign by giving the Customer a one-week notice (hereinafter, the Notice of Change) with no liability to Canada Create Web Solutions, its partners, appointees or affiliates. Should the Customer choose to continue with the Campaign at the end of the one-week period since the Notice of Change was delivered to the Customer, it is understood by the parties to this agreement that the Customer has accepted the Change to the Terms and accepted such changes.
5. Prohibited Uses; License Grant; Representations and Warranties.
Customer shall not advertise personally and shall not authorize any party to advertise anything illegal or engage in any illegal or fraudulent business practice. Customer represents and warrants that it holds and hereby grants Canada Create Web Solutions all rights (including without limitation any copyright, trademark, patent, publicity or other rights) in formulating the keywords and advertisement needed for Canada Create Web Solutions to operate Internet's advertising campaigns for Customer in connection with this Agreement.
Customer represents and warrants that all Customer information is complete, correct and current; and Customer's Services or product will not violate or encourage violation of any applicable laws, regulations, code of conduct, or third party rights, including, without limitation, intellectual property rights. Violation of the foregoing may result in immediate termination of this Agreement or customer's account without notice and may subject Customer to legal penalties and consequences.
6. Disclaimer and Limitation of Liability.
To the fullest extent permitted by law, Canada Create Web Solutions DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE, EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND CUSTOMER'S BREACHES OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO CUSTOMER'S BUSINESS, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO Canada Create Web Solutions BY CUSTOMER FOR THE AGREEMENT GIVING RISE TO THE CLAIM. Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including but not limited to acts of God, government, terrorism, natural disaster, labour conditions and power failures OR Any changes made by Google in the algorithm which might effect the placement of the website on the first page. The parties agree that this is a continuing indemnity which shall remain in full force until it is terminated
Customer represents and warrants that it is authorized to act on behalf of and has bound to this Agreement any third party for which Customer advertises.
Customer shall be responsible for all charges up to the amount of Search Engine Marketing Campaign, or as set in the contract, and shall pay all charges in Canadian Dollars or equivalent to CAD with current market exchange rate for the day of payment, unless otherwise specified on the Search Engine Marketing Campaign. In case of declined/missing payment, all work on customer's account will be temporary suspended and customer must provide alternative payment within 7 days of the email notification. If payment is not provided with in 7 days, the account will be cancelled and Canada Create Web Solutions reserves the right to revert the customer’s website to pre contract state and cancel or suspend all listings. Canada Create Web Solutions reserves the right to a legal action against the Customer for any outstanding balances. Customer is responsible for paying all taxes, government charges, and reasonable expenses and attorneys fees Canada Create Web Solutions incurs collecting outstanding amounts.
To the fullest extent permitted by law, Customer waives all claims relating to charges unless claimed within 30 days after the charge. Charges are solely based on Canada Create Web Solutions' measurements for the applicable Campaign, unless otherwise agreed to in writing. Customer acknowledges and agrees that any credit card and related billing and payment information that Customer provides to Canada Create Web Solutions may be shared by Canada Create Web Solutions with companies who work on Canada Create Web Solutions' behalf, such as payment processors and/or sales agents, solely for the purposes of effecting payment to Canada Create Web Solutions and servicing Customer's account. Canada Create Web Solutions may also provide information in response to all valid legal processes, or to establish or exercise its legal rights or defend against legal claims. Canada Create Web Solutions shall not be liable for any use or disclosure of such information by such third parties.
Customer also agrees and covenants to indemnify and save Canada Create Web Solutions harmless from and against any and all third party claims, demands, actions and causes of action which may be made or brought against Canada Create Web Solutions or the Customer or both in respect of SEMP or breach thereof, as well as Campaign conducted by Canada Create Web Solutions, and from and against all damages, loss, cost, including legal costs on a solicitor and client basis, liability or expenses which the Customer may suffer or incur as a result of or in respect of the Campaign.
with read receipt confirmation.
Notice to Customer may be effected by sending email to the email address specified in Customer's account, and is deemed received when sent. A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties' intention and only to the extent necessary to make them enforceable, and remaining provisions of the SEMP will remain in full effect. Customer may not assign any of its rights hereunder and any such attempt is void.