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Terms of use

Summary of Terms and Conditions

Any customer who places an order through The Search Engine Pros must understand and agree to the following Terms and Conditions:

1. White Hat SEO Services: Consultant will only implement SEO practices that are within the Webmaster guidelines recommended by each search engine (also known as White Hat SEO)

2. Payment: The Company shall pay all fees as described above, attached hereto and a part hereof. Payment shall be made through Check or PayPal. If any payment is not be made as agreed, Consultant has the right to cease further work. Any fees for completed work will then be invoiced. All payments are non refundable unless stated otherwise.

3. 1st Page Google Guarantee: Consultant is to achieve 1st page Google organic search results for at least ten keywords or your monthly maintenance fee is FREE for that month. Must have completed one of the following plans: All Inclusive, Local Seo, SEO Success.

4. Requirements: FTP access will be required.

5. Directory Submissions: Consultant will submit website to free directories. Some directories require a fee which would be the responsibility of the Company.

6. Monthly Reports: Deliverables include monthly search engine ranking reports and billing reports.

7. Employees: Company, for a period of 2 years following the term of this Agreement, will not solicit or employ, directly or indirectly, any person who has been an employee of Consultant.

8. Length of Maintenance Agreement: The monthly maintenance agreement is always month to month. Our clients choose to work with us each month based on value. We do not hold any of our clients to a contract of service. Service can be canceled at anytime after the first month.

9. Venue, etc.: This agreement constitutes the entire agreement between the parties and supersedes any and all prior agreements and understandings. This agreement may not be altered or amended except in writing signed by all parties.

10. Applicable Laws: The Search Engine Pros reserves the right to refuse to do business with any customer for any reason. All Sales are Final. The laws of Santa Barbara, California will govern this Agreement.

The following are the standard terms and conditions under which The Search Engine Pros provides computer software and consulting services. These terms and conditions apply unless expressly varied in a written agreement or engagement letter between The Search Engine Pros and its client.

Services.

The Search Engine Pros shall perform the consulting, software, development, marketing and related services for Client pursuant to proposals and/or written specifications agreed to by Client and The Search Engine Pros. on a Work For Hire Basis.

Fees.

In consideration of the Services performed by The Search Engine Pros and/or The Search Engine Pros partners standard warranties and representations as set forth in these terms and conditions, Client shall pay The Search Engine Pros fees or project cost as specified in this signed proposal. In addition, Client agrees to pay any reasonable accepted upon out-of-pocket expense incurred by The Search Engine Pros in performance of the Services. Client must approve out of pocket expense in advance. The Search Engine Pros shall submit invoices to Client for services as specified in this proposal. Such invoices shall include any reimbursable expenses. The invoice shall be due according to the time specified on the invoice.

Confidentiality.

The Search Engine Pros and Client agree that any and all information identified by the other as Confidential and/or Proprietary, or which a reasonable third party would recognize as Confidential or Proprietary, will not be disclosed to any third person without the express written consent of the other party.

Term and Termination.

This Agreement shall remain in effect for the lesser of 6 months from the Effective Date or until completion of all assigned projects. Client may terminate The Search Engine Pros engagement at any time upon thirty (30) days prior written notice to The Search Engine Pros. Either party may terminate this Agreement if the other party is in material breach or default of its obligation, which breach or default is not cured within fifteen (15) days of written notice from the other party. Upon termination of The Search Engine Pros engagement, Client shall pay The Search Engine Pros all of The Search Engine Pros unpaid charges and all approved out-of-pocket expenses accrued through the date of termination.

Relationship of Parties.

The Search Engine Pros acknowledges and agrees that The Search Engine Pros relationship to The Client is strictly as an independent contractor and that The Search Engine Pros is not entitled to any benefits or insurance provided by The Client including any unemployment or disability benefits. The Search Engine Pros shall be responsible for payment of any and all federal, state or local sales, use or other taxes that may arise out of the Services; and it is solely responsible for determining the method and means by which it will accomplish the Services and otherwise fulfill its obligations to The Client as described in this document. You agree that you will be responsible for notifying The Search Engine Pros should you require to terminate your use of The Search Engine Pros’s services. Notification of your intent to terminate must be provided at least 5 days prior to your billing date.
Privacy
The Search Engine Pros will not sell, distribute, reveal, or otherwise make available any customer information. We contribute a great amount of time and help to anti-spam organizations and take great pride in IT security. Should we need to contact you directly regarding your specific account or service we will do so via email only or by phone.

Liabilities
The Search Engine Pros makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall The Search Engine Pros be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by contacting our abuse department.

Payments and Agreement to Pay
As consideration for the software or services purchased by you and provided to you by The Search Engine Pros, you agree to pay The Search Engine Pros at the time of your order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your services are suspended, terminated, or transferred prior to the end of the services term. The Search Engine Pros expressly reserves the right to modify pricing through email notification and/or notice on its web site. You may make payment by providing either a valid credit card or PayPal email address.

All hosting accounts, including VPS and dedicated servers, are billed at the same date as when you signed up, be it monthly, semi-annually or annually.

If for any reason, The Search Engine Pros is unable to charge your payment method for the full amount owed, or if The Search Engine Pros is charged a penalty for any fee it previously charged to your payment method (such as a charge back dispute), you agree that The Search Engine Pros may peruse all available remedies in order to obtain payment. You agree that among the remedies The Search Engine Pros may peruse in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any domain names or services registered or renewed on your behalf.

You agree that you are solely liable for arranging that your services are renewed, and that The Search Engine Pros shall not be liable to you or any third party if it is unable to charge your payment method in order to renew your services. You also agree that you are liable for all services that have been rendered on your behalf until a termination of service has been officially received by the accountholder for services.

Late Payments
If at any time, your hosting payments become past due, you will receive notifications via email (3 notifications in total, to the most recently updated email address on file within your client area) with instructions on rectifying the situation. Please note that The Search Engine Pros holds the right to deny access to and/or de-activate accounts hosted on our servers of which have unpaid past due balances. Accounts and servers will get automatically suspended of service if payment for hosting is not received 7 days after the due date. All Accounts 5 days past due will be assessed a $10 late fee, which will be added to the invoice. If an account holder submits a bank assisted dispute for services rendered, their hosting account will be de-activated within 48 hours if the payment issue has not been recovered. A $50.00 charge back fee will be added to the amount disputed by the customer.

We only accept credit cards or PaypPal for payment of services. Yearly plans renew automatically and are charged to the most recently updated credit card (or Paypal address) on file. In the event that your yearly/monthly charge is denied and we are unable to contact you, then the previously mentioned fees to enable your account shall apply. Monthly installments will incur for the entire duration services are rendered and you remain subscribed to until you submit proper cancellation of the account. Any debt not paid 60 days after the due date will be forwarded to an outside collections agency for proper collection. At that time, the account holder will incur a $50.00 USD collection fee added to the balance previously due.

Please note that The Search Engine Pros holds the right to deny access to and/or de-activate accounts hosted on our servers with past due balances.

The Search Engine Pros customers must agree and acknowledge the following:

1. Submission to the local directory on Google, Yahoo, and MSN Live does not guarantee that they will list you.
2. Placement and increased ranking in the natural results of Google, Yahoo, and MSN Live is not guaranteed
3. Illegal products or services are not permitted
4. The Search Engine Pros reserves the right to refuse to do business with any customer for any reason.
5. All Sales are Final.
6. The laws of Santa Barbara, California will govern all Agreements.
7. We are not responsible for any lost rankings8. Customer understands that Customer’s account will be charged for the appropriate set-up fees and monthly billing amount for the requested package on the date of said sale, and the corresponding monthly billing amount every month thereafter. The Search Engine Pros will reject any web site that contains any pornographic or obscene material or services, or which promotes any service or product deemed as offensive by The Search Engine Pros, e.g., the marketing of any illegal product or substance. All key phrases are pending final approval of Google, Yahoo!, and MSN Live. Monthly renewal fees are due one month from the date specified in this agreement by the authorized signatory, and every month thereafter, until or unless written notification or phone call is received by The Search Engine Pros from customer within 3-5 business days prior to the monthly billing day for cancellation of all applicable key phrases. Unless cancelled, the monthly billing amount will be charged to the customer via automatic debit from customer’s bank account or charged to the customer’s credit card, as indicatedby the customer at time of sale. Please address any questions regarding payments to our billing department by opening a ticket in our support area.

Modification
The Search Engine Pros servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, prescription drug sales, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws or the laws of the state of Florida. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to The Search Engine Pros service agrees to indemnify and hold harmless The Search Engine Pros from any claims resulting from the use of the service that damages the subscriber or any other party. The Search Engine Pros will be the sole arbiter as to what constitutes a violation of this provision.

Client Responsibility
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of The Search Engine Pros’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, C Shell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of The Search Engine Pros to provide this knowledge or support outside matter specific to The Search Engine Pros servers.

Actions Taken by The Search Engine Pros
The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. The Search Engine Pros will be the sole arbiter as to what constitutes a violation of the AUP. The Search Engine Pros reserves the right to remove any account without prior notice. The Search Engine Pros customers agree to indemnify and hold harmless The Search Engine Pros from any claims resulting from the use of our services that damages them or any other party. The The Search Engine Pros service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. The Search Engine Pros expressly disclaims any representation or warranty that the The Search Engine Pros service will be error-free, secure or uninterrupted. No oral advice or written information given by The Search Engine Pros, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. The Search Engine Pros and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Use of cookies

The Search Engine Pros Web sites may use cookies for internal reporting. Cookies are a standard Internet technology that allow us to both store and retrieve login information on a user’s system. Other companies which place advertising on our site also have the ability to assign their cookies to you in a process that The Search Engine Pros does not control. However, cookies cannot be used to identify individuals, only machines, so these advertisers will not know who you are – and The Search Engine Pros will not tell them without your consent.

Use of Email and URL Addresses Collected from Free Submission or META Tags Generator

Email and URL addresses used for our free submission and free META Tag generator are logged in a log file for tracking purposes and will not be used to send unsolicited email. The email addresses and URL addresses are forwarded in real time to various search engines via the free submission page. We have made sure in advance that the search engines we submit to do not use this information to send unsolicited email. However, please note that a few of these search engines may send you an auto response, confirming your submission

Use of Email Addresses Collected from Newsletter and Mailing List Subscriptions

After signing up to receive any of The Search Engine Pros Newsletters or mailing lists by email, users will start receiving newsletters or emails delivered on a daily, weekly, or monthly basis, as well as occasional product-related announcements.

On The Search Engine Pros Web sites that offer newsletters, we collect subscribers’ email addresses in order to distribute those newsletters and product-related announcements. In addition, The Search Engine Pros has entered into agreements with a number of other companies to distribute The Search Engine Pros newsletters and mailing lists to users on their systems. The Search Engine Pros newsletters and mailing lists are also offered in a number of Newsletter Partner sites, all of which require a user’s email address for distribution. In the case of those email addresses collected by our Partners, email addresses are either forwarded to us for maintenance by The Search Engine Pros, or are kept and maintained exclusively by our Partners under privacy conditions acceptable to The Search Engine Pros. If you are concerned about the privacy policies of a Newsletter Partner site, please contact the webmaster of that site.

Users can choose to unsubscribe from The Search Engine Pros newsletters or product-related announcements at any time by following the unsubscribe instructions found in each email.

Use of Data from Paid Submissions or Optimization Services

All website information provided for our paid submission and optimization services will only be forwarded to search engines, directories and Free For All pages for listing purposes. All credit card information will be kept strictly confidential. Note that to avoid SPAM and unwanted email from automated replies for our 2500+ search engine submission, we will not provide your email address to the engines; instead we will provide them our own email address.

It will take 6 days to complete the validation. Please note if error are high it can take longer period of time, our team will get back to you in case of more time required.

If you have agreed to allow The Search Engine Pros to make your information available to outside organizations, we will use our reasonably best efforts to ensure that your individual data is no longer distributed by The Search Engine Pros after your removal request. However, The Search Engine Pros is not responsible for the removal of your personal information from third-party lists if you have previously authorized The Search Engine Pros to distribute it.

From time to time, The Search Engine Pros may introduce new products and services to its users. To the extent these new products and services affect this policy, this policy will be updated. You will be informed of these updates and any privacy conditions related to these services.

Governing Law; Dispute Resolution You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Barbara County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Apple and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

In case for further clarification please feel free to write to us at
support@TheSearchEnginePros.com

Any legal correspondences should be directed to:

The Search Engine Pros 6 Harbor Way #209 Santa Barbara, CA 93101

This Terms Of Use was last updated on August 1, 2009