Terms and Conditions
Applicable to Webstrategies Pty Ltd (“WebsiteStrategies”) and Ashley Bryan
These Terms and Conditions may change without notice and apply to Webstrategies Pty Ltd (trading as WebsiteStrategies) and Ashley Bryan.
1. Customer/Client Acceptance: By accessing this website or using the services/products of Webstrategies Pty. Ltd. you agree to these terms and conditions.
2. Payments: Invoices will be provided by Webstrategies Pty. Ltd. upon completion of the work proposed for each month. Invoices are due for payment within 7 days of receipt.
3. Default: Accounts unpaid thirty (30) days after the date of invoice may be considered in default. Customers with accounts in default agree to pay Webstrategies Pty. Ltd. reasonable expenses, including lawyer fees and costs for collection by third-party agencies, incurred by Webstrategies Pty. Ltd. in enforcing these Terms and Conditions.
4. Indemnity: To the fullest extent of the law, the Customer agrees to indemnify and hold harmless Webstrategies Pty. Ltd. from any and all claims resulting from the Customer’s use of Webstrategies Pty. Ltd. services which cause damage to the Customer or a third party in any way.
5. Disclaimer: To the fullest extent of the law, Webstrategies Pty. Ltd. makes no warranties of any kind, whether express or implied, for the services it provides.
To the fullest extent of the law, Webstrategies Pty. Ltd. will not be responsible for any direct, indirect or consequential damages which may result from the use of its services including loss of data, alterations to client’s website presence on the Internet or on search engines, or interruption in service. The Customer acknowledges and agrees that Webstrategies Pty. Ltd. cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond its control including, but not limited to, telecommunications problems. The Customer acknowledges that Webstrategies Pty. Ltd. cannot be held responsible for algorithm changes by search engines which may adversely affect client’s search engine rankings. The way search engines index and value websites is a closely guarded secret.
WebsiteStrategies 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, WebsiteStrategies does not guarantee ranking positions or consistent positions for any particular keyword, phrase, or search term.
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, WebsiteStrategies will re-optimize the website/page based on the current policies of the search engine in question.
6. Guarantee: Webstrategies Pty. Ltd. aims to achieve improved rankings on Google for target keyphrases. Although the work we carry out will benefit positions on search engines other than Google, we consider Google the most important search engine and measure the success of a campaign by rankings achieved in Google.
Webstrategies Pty. Ltd. can not guarantee search engine rankings in line with the policies and statements of search engines themselves (Google states that no one can guarantee rankings). All work is conducted on a best practice and best effort basis. No guarantees can be given as to how long a site will retain its rankings, as search engines change their ranking algorithms on a regular basis and without notice. Additionally, new sites and competitor websites are being optimised and submitted every day. A competitor with higher SEO budget or resources will invariably rise higher.
7. Prior agreement: Prior to work being undertaken by Webstrategies Pty. Ltd. we need assurances from the client that;
- The client has not employed the services of another Search Engine Optimisation Company to work on the web site at the same time. Please advise us if a previous supplier has undertaken SEO work on your website.
- The client has not employed the services of a Submission Company in the 12 months preceding the start of WebsiteStrategies, or that the client has not undertaken any mass submission or offshore low budget SEO activities themselves during the 12 months preceding WebsiteStrategies start.
- The client has not created any duplicate sites, duplicate content or pages, redirects or doorway pages
- The client has not requested or exchanged links with link farms or undertaken any spamming techniques which may harm the web site’s ranking with Google
Webstrategies Pty. Ltd. reserves the right to terminate service at any time if it is suspected that the target web site (i.e. the web address optimised during the campaign) or web pages linked to, are involved in any practice deemed to be unethical or against search engine guidelines, by Webstrategies Pty. Ltd.
8. Cancellation of Services: Webstrategies Pty. Ltd. reserves the right to cancel optimisation services should the customer make any changes to the optimised pages created by Webstrategies Pty. Ltd. without the advice of Webstrategies Pty. Ltd. or does not implement the changes advised by Webstrategies Pty. Ltd. in a timely manner in order to improve the search engine positions of the Customer’s website in the search engines.
Webstrategies Pty. Ltd. may make void any contract or agreement should it be discovered that the Customer has participated in any actions considered spamming by the search engines, such as
- use of hidden links
- links to or from link-farms
- page redirect or cloaking techniques
- Submission of the site to the search engines, search directories or other websites without the consent of Webstrategies Pty. Ltd.
- use of automated web site submission software or websites
- use of automated reciprocal link programs
- use of Private Blog Networks (PBNs)
- the manipulative use of 301 redirects using expired domains
- any other activity that clearly goes against Google guidelines
9. Hosting Issues: The Customer agrees that their website is not hosted on free web space using domain forwarding (either framed or otherwise).
Where there is either concern that the current hosting IP address may be part of a ‘bad neighbourhood’ or for reasons of search engine optimisation, Webstrategies Pty. Ltd. may request the customer to change their hosting provider whilst using our search engine optimisation techniques.
To the maximum extent permitted by law, under no circumstances and under no legal theory, tort, contract, or otherwise, shall WebsiteStrategies or any of its underlying service providers, business partners, information providers, licensors, officers, directors, account providers, employees, distributors or agents (collectively referred to for purposes of this section as “WebsiteStrategies”) be liable to you or any other person for any money damages, whether direct, indirect, special, incidental, cover, reliance or consequential damages, even if WebsiteStrategies shall have been informed of the possibility of such damages, or for any claim by any other party. In the event that notwithstanding the foregoing, WebsiteStrategies is found liable to you for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), the liability of WebsiteStrategies to you will be limited to the amount you paid for the services.
Specific Terms and Conditions
1. Google Adwords dynamic keyword insertion. Adwords campaigns of a very generic nature can be created using wildcard keyword insertion into ads. There is the possibility that competitor names may be automatically inserted into ads under some rare circumstances. Webstrategies cannot be held liable for issues arising from this.
2. Social Media Management. Clients using Website Strategies’ Social Media Management services understand that my staff or I will be placing content onto the Internet via your social media channels (eg Facebook, Twitter, YouTube, Instagram etc) on your behalf. You have a responsibility to monitor this activity to ensure posts and updates reflect your business, brand and offering requirements.