22. The customer grants The Ad non exclusive, royalty free, right to act on their behalf to advertise and promote the customer. The customer gives third parties that The Ad may interact with or associate with a worldwide , the fullest extent permitted by law and subject to the conditions within this agreement, The Ad and the customer and any other related parties, each on behalf of itself and their affiliates, exclude all implied warranties, including without limitation for non-infringement, satisfactory quality, merchantability,and fit- ness for any purpose. To the fullest extent permitted by law and subject to the conditions within this agreement, The Ad and its programs, services and products are provided “as is” and at customer’s risk. These con- ditions do not exclude the rights and remedies the Australian Consumer Law terms that cannot be excluded to the extent that the relevant laws permit The Ad to limit their operation.
23. To the fullest extent permitted by law but always subject to the terms of this agreement, no party or its affiliates may be held liable under or in connection with these terms (whether in contract, tort including without limitation, negligence, or otherwise) for any loss of anticipated savings, loss of profit, loss of business opportunity, loss of or corruption of data, loss or damage resulting from third party claims or indirect, special or consequential losses, suffered or incurred by the customer or an of its affiliates (whether or not such losses were in contemplation of the parties at the time of this agreement and these terms were accepted by the customer).
The Ad collects a customer’s personal information to provide The Advertising to the customer and for invoicing purposes.The Ad may disclose this personal information within The Ad, to legal agencies for debt recovery, or to other third parties as part of the provision of The Advertising. The customer consents to the disclosure of their personal information in The Advertising to third parties and to personal information being published by a third party.
Each party agrees to take all reasonable precautions to prevent any unauthorised use, disclosure, publi- cation, or dissemination of the information shared between The Ad and the customer on behalf of itself or any third party.
These terms, with any other written agreement from The Ad to the customer, represent the entire agreement of the customer and The Ad for advertising and products and services. They can only be varied in writing by an authorised officer of The Ad. No purchase order or other document issued by the customer will vary these terms.
The Ad provides the SEO service to customers on a periodic subscription model based on the level of support and on going optimisation that is required. The Ad provides to the customer its SEO service that is aimed, but not guaranteed, to optimise pre-defined keywords and phrases. The customer agrees to the following:
– The SEO service is not guaranteed, but will be performed to the best of The Ad’s knowledge and ability.
– The customer agrees to be satisfied once it has chosen to engage The Ad to implement the SEO service.
– The customer’s website ranking with a particular search term will rely on both the relevancy of that term on their pages, the popularity of that term on other sources and the relevance of the back-links to the customer’s website to the search term.
– Although Google’s results are displayed on other search engine, the work that is carried out by The Ad is aimed at increasing visibility and boosting ranking on Google, Facebook and other sources the customer has agreed to or that The Ad views is best for the customer based on their account. It is not possible to give 100% guarantee for any specific result on any search engine, nor can The Ad quantify the level of increased traffic or sales as a result of the SEO campaign.
– No guarantees will be given as to the customer’s website ranking as the search engines change their ranking algo- rithms on a regular basis and new sites and competitor sites may be being optimised and submitted continually. It is possible for the customer’s website’s rankings to go backwards, if this were to happen, no liability will be on The Ad and no refunds or discounts given. The customer warrants to these terms should this situation arise.
The customer grant authority to submit the website pages being promoted to search engines and directories.
The Ad will have the ability to optimise the structure and content of clients’ web pages. Such changes generally have a minimal visual impact. The Ad will work directly with the customer in order to maintain the original look and feel of the website.
Any SEO work that The Ad undertakes may be detrimentally affected if the customer:
– employed the services of another SEO Company or any other related company to work on the website during the same period, or
– employed the services of a search engine submission company during the same period, or
– Created any duplicate sites, duplicate content or pages, redirects or doorway pages, or
– Requested or exchanged links with link farms or undertaken any spamming techniques which may harm the website’s ranking with Google, or
– Attempted to use any other techniques, whether allowed by Google or not, to attempt to increase the SEO ranking of the site, or
Any other additional SEO or SEO related activity.
The Ad will not be held responsible for reaching any agreed upon targets if the customer or any of its affiliates or other third parties on behalf of itself have attempted to complete any of the above listed tactics.