Following are the Terms of Service for msimd.com and consultdesigner.com Websites
msimd.com and consultdesigner.com's main goal as a SEO company is to help small to medium internet companies succeed online with an ethical and individualized approach to SEO for each client. We have a proven track record of providing results to our clients in the search engines. Here is our legal agreement required of all clients before starting SEO work: Upon receipt of Client’s acceptance of terms of service and payment, msimd.com and consultdesigner.com Websites may, but not limited to provide the following services according to the individual clients internet marketing needs:
msimd.com and consultdesigner.com Websites will provide a free initial consultation to discuss the clients individual SEO promotion needs. Based on those needs msimd.com and consultdesigner.com will recommend certain services and estimate time involved with a proposal for the Client.
On-page Optimization Process: Then msimd.com and consultdesigner.com may perform an analysis of Client’s website and its infrastructure which includes a thorough analysis check. msimd.com and consultdesigner.com Websites will also analyze H1 tags, description tags, Meta tags and links. Based on the analysis, msimd.com and consultdesigner.com Websites will offer recommendations for infrastructure and other technological improvements that are critical for gaining top placements in search engines.
Once msimd.com and consultdesigner.com Websites has become more knowledgeable with Client’s industry and/or geographical demographics, msimd.com and consultdesigner.com Websites will perform keyword research and identification using sophisticated analysis tools that include, but aren’t limited to, providing the following data: how many websites already are competing for particular keyword/phrases; how often particular keyword/phrases were used in searches during the previous months; and other pertinent facts to assist the Client in making a knowledgeable selection of keywords that will produce the highest level of search engine placements for the Client’s website when typical users conduct a search.
Once the Client has made his/her final keyword selection msimd.com and consultdesigner.com Websites will create the Meta information, which search engines seek to determine a website’s relevancy. While creating the Meta information, msimd.com and consultdesigner.com Websites will verify proper keyword density, and distribution and frequency within the Meta information to accurately match search engine algorithms.
msimd.com and consultdesigner.com Websites will forward the meta information to the Client requesting it to be uploaded to all of client’s WebPages. If the client chooses to allow msimd.com and consultdesigner.com FTP access to clients server, all passwords and ftp information must be given and client will sign off on project after completion. This sign off will protect msimd.com and consultdesigner.com from any liability involved. msimd.com and consultdesigner.com also will request all passwords and ftp passwords be changed after completion of project.
Once msimd.com and consultdesigner.com Websites has been notified by the Client that the code has been uploaded to the website, msimd.com and consultdesigner.com Websites will then submit Client’s website to the major directories and search engines.
Ongoing SEO Monthly Services: msimd.com and consultdesigner.com Websites can also provide ongoing monthly optimization, internet marketing and submission services in order to maintain and improve Client’s rankings.
Proof of Service: msimd.com and consultdesigner.com Websites will provide an initial free consultation and monthly reports that document the Client’s website rankings among major search engines. These reports and hourly task SEO report will be the sole measure of msimd.com and consultdesigner.com Websites performance and proof of service. msimd.com and consultdesigner.com believes in given their clients top notch service and will supply all passwords, email accounts and links to client for future SEO work. The parties agree that no other action by msimd.com and consultdesigner.com Websites is required for conclusive proof of msimd.com and consultdesigner.com Websites service and performance under this contract.
Trademark disclosure: The Client acknowledges that msimd.com and consultdesigner.com Websites's sole obligation is to provide the services described in this Agreement, consisting of recurring search engine optimization efforts for the Client’s Web site. msimd.com and consultdesigner.com Websites will optimize Client’s web pages for key phrases approved by Client. msimd.com and consultdesigner.com Websites does not perform a trademark search on phrases approved by the Client. The Client may only use Client-owned trademark or product names and generic industry terms relevant to Client web site. Some common terms have been trademarked in the past and search engines may disallow use of such terms. Client is hereby advised that the result of such trademark infringement is the sole and exclusive responsibility of Client.
Separate Changes: The search engines and directories perform changes outside of msimd.com and consultdesigner.com Websites or Client’s control and results will vary from month-to-month. msimd.com and consultdesigner.com Websites is a search engine optimization and placement system consisting of redundant processes and techniques considered to be the Intellectual Property of msimd.com and consultdesigner.com Websites. msimd.com and consultdesigner.com Websites is not responsible if search engines pick-up and register hyperlinks into a database. Any text picked-up by an engine or directory is at the discretion of the engine or directory. No third-party, msimd.com and consultdesigner.com Websites included, can stop a search engine or directory from truncating or re-arranging text in a hyperlink.
Pre-Payment Terms, Cancellations:
Client agrees to pre-pay msimd.com and consultdesigner.com Websites the fees as described as follows:
Electronic Pre-Payment.
At the time Client makes the initial payment, Client will use Google Checkout Services on their secure servers. All credit card information is kept securely on Google Checkout Merchant Account and msimd.com and consultdesigner.com assumes no liablity for credit card security because we do not handle the information. Such payment must clear prior to any obligation on the part of msimd.com and consultdesigner.com Websites to start the optimization work, keyword research and generation and website infrastructure analysis. msimd.com and consultdesigner.com will give a full refund of payment if the client chooses to cancel before services are rendered. No refunds will be given if services are rendered before client e-mail notification of cancellation.
Subsequent Monthly Pre-Payments.
The Client agrees to pre-pay the monthly fee for ongoing optimization maintenance and marketing services. These monthly fees cover an hourly rate agreed by the Client and msimd.com and consultdesigner.com prior to start of the SEO project. msimd.com and consultdesigner.com will send a detailed report of all SEO work and the amount of hours at the end of each month. Client will be sent a link to renew the monthly fees online with Google Checkout and continue the seo process. SEO work will start after receipt of client payments.
Amount of Fees & Costs.
Hourly rates for monthly services are an affordable $20 per hour. After the monthly hours are completed, the client will be notified of the amount of hours incurred with a detailed report. Client will also be sent a link to pre-pay online for additional services. SEO work will resume after the client has paid online. If there are any additional costs incurred in Client's behalf, client is responsible for the same. Such costs may include, but are not limited to, hosting fees, special purpose software purchases, delivery charges, international phone charges. Any such charge for costs will be discussed with client prior to being made if the amount is higher than $25.00 in any monthly period.
Indemnification.
To protect msimd.com and consultdesigner.com Websites from any client attempting to use a competitor’s name or trademark, Client assumes responsibility for all key phrases and agrees to hold msimd.com and consultdesigner.com Websites, its employees, agents, officers, and directors harmless from any claims or actions arising from any violation of trademark protection by the Client. IN NO EVENT IS EITHER PARTY LIABLE TO THE OTHER FOR EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, SAVINGS OR REVENUES, OR THE CLAIMS OF THIRD PARTIES INCLUDING END USERS, WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT OR THE RELATIONSHIP OF CLIENT AND msimd.com and consultdesigner.com Websites.
Liability Limitation. Neither msimd.com and consultdesigner.com Websites nor Client is liable for delays in delivery and/or non-delivery in the event of an act of God, action by any governmental or quasi-governmental entity, Internet failure, equipment failure, power outage, fire, earthquake, flood, insurrection, riot, explosion, embargo, strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, or any condition beyond such parties control affecting production or delivery in any manner.
Binding Arbitration of all Disputes.
This agreement is governed, controlled, interpreted and defined by and under the laws of the United States, without regard to the conflicts of laws provisions there of. Any and all disagreements between the parties hereto shall be resolved by binding arbitration before the NC court system.
Entire Agreement:
This Agreement, including all exhibits, constitutes the entire agreement between the parties with respect to the subject matter to this Agreement, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
General:
The following general terms apply to this agreement:
Transmission of Acceptance, New Terms, etc.
Any waiver, amendment or other modification of any provision of this Agreement will be effective only if in writing and signed by Client and msimd.com and consultdesigner.com Websites. This agreement may be transmitted by facsimile, or through the internet by transmission invoked by the Client or msimd.com and consultdesigner.com Websites. The parties may close the Agreement, by exchanging fax signatures or by the exchange of digital signatures pursuant to applicable Digital Signature Acts.
Intellectual Property Rights.
Client acknowledges and agrees that msimd.com and consultdesigner.com Websites services constitute confidential and proprietary information of msimd.com and consultdesigner.com Websites and its licensors and embodies trade secrets and intellectual property of msimd.com and consultdesigner.com Websites and its licensors protected under United States copyright and other laws and international treaty provisions. Client further acknowledges that all right, title, and interest in and to all parts of msimd.com and consultdesigner.com Websites, including, without limitation, associated intellectual property rights, are and shall remain with msimd.com and consultdesigner.com Websites and its licensors. Client shall not, and shall cause its employees and agents not to, disclose or transfer any portion of msimd.com and consultdesigner.com Websites's services to any third party. Client further agrees not to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, sublicense, distribute, remarket or otherwise dispose of any portion of msimd.com and consultdesigner.com Websites's intellectual properties. Client hereby acknowledges that, if msimd.com and consultdesigner.com Websites at any time or from time to time performs any customizations or modifications to msimd.com and consultdesigner.com Websites SEO's Services, all rights and interests to such customizations or modifications shall be the sole property of msimd.com and consultdesigner.com Websites.
Export Control.
Client agrees not to export or re-export any potion of msimd.com and consultdesigner.com Websites's services outside of the United States in violation of any law, statute, regulation or court holding applicable thereto. Client further agrees to comply with all United States laws, rules, regulations and court case holdings relating to the export, re-export or transshipment of msimd.com and consultdesigner.com Websites's services.
Force Majeure.
Either party shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
Rules & Regulations.
msimd.com and consultdesigner.com Websites may at any time issue rules and regulations which, 30-days after notice thereof to Client shall be fully enforceable.
Amendments to Agreement.
msimd.com and consultdesigner.com Websites may at any time amend these Terms and Conditions, the terms of any other agreement between msimd.com and consultdesigner.com Websites and Client or any procedures followed by msimd.com and consultdesigner.com Websites and such amendments shall be fully enforceable 30-days after notice thereof to Client.
Exclusion of Warranties.
msimd.com and consultdesigner.com Websites PROVIDES ITS SERVICES HEREUNDER ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND, whether express or implied, including, but without limitation, any implied warranty of merchantability, or fitness for a particular purpose. While msimd.com and consultdesigner.com Websites makes reasonable efforts to maintain msimd.com and consultdesigner.com Websites service, many factors are not within msimd.com and consultdesigner.com Websites's control. Therefore, msimd.com and consultdesigner.com Websites does not warrant, and is not responsible for any loss of data, delays, non-delivery or misdelivery of information, lack of access, slows response time, or service interruptions or errors. Loss, delay or non-delivery of data can be due to but not limited to viruses or other third parties. Client's data is defined as any data held by msimd.com and consultdesigner.com Websites and includes account information, web hosting data, email and domain name services. This disclaimer and waiver shall apply equally to any and all third party providers. msimd.com and consultdesigner.com Websites provides no warranty to Client regarding the accuracy of usage statistics, which msimd.com and consultdesigner.com Websites may provide in its discretion. Further, no advice or information given by an msimd.com and consultdesigner.com Websites representative shall create a warranty or serve as an amendment to this agreement.
Pricing.
msimd.com and consultdesigner.com Websites has the right to change prices, or add or delete product features of any existing product or service. The right to change products or services extends to any software supporting a product or service. msimd.com and consultdesigner.com Websites reserves the right to change prices or material features at any time upon 30 days prior notice. msimd.com and consultdesigner.com Websites reserves the right to institute new fees or new material features at any time upon 30 days prior notice. msimd.com and consultdesigner.com Websites has the right to discontinue products or services and the right to remove or reassign IP addresses of a Client's web site. msimd.com and consultdesigner.com Websites also has the right to deactivate a Client's service with a thirty (30) day notice. Except for certain products and services specifically identified as being offered by msimd.com and consultdesigner.com Websites, msimd.com and consultdesigner.com Websites does not control any materials, information, products, or services on the Internet. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. msimd.com and consultdesigner.com Websites has no control over and accepts no responsibility for such materials. You assume full responsibility and risk for use of the services and the Internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the service or the Internet.
Limitation of Liability & Damages. THE TOTAL AGGREGATE LIABILITY OF msimd.com and consultdesigner.com Websites TO CLIENT SHALL BE LIMITED TO THE AMOUNT PAID TO msimd.com and consultdesigner.com Websites BY CLIENT HEREUNDER DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM IN WHICH msimd.com and consultdesigner.com Websites IS LIABLE TO CLIENT. IN NO EVENT SHALL msimd.com and consultdesigner.com Websites BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED UPON BREACH OF CONTRACT, TORT, OR OTHERWISE AND WHETHER OR NOT msimd.com and consultdesigner.com Websites HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Advice.
msimd.com and consultdesigner.com Websites is neither a lawyer nor a law firm and is not associated with any law firm and does not have a lawyer in its employ. msimd.com and consultdesigner.com Websites thus cannot and will not provide legal advise. It is the sole responsibility of Client to ensure that any copy provided by msimd.com and consultdesigner.com Websites for Client's website is in conformance with all rules, regulations and laws applicable to Client, Client's Professional License (if any) and industry. Thus, it is Client's responsibility to clear all website content with the lawyer of Client's choice prior to giving msimd.com and consultdesigner.com Websites the authority to publish such content on the internet, or otherwise.
Indemnification.
Client shall indemnify and hold msimd.com and consultdesigner.com Websites harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that msimd.com and consultdesigner.com Websites may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement for any act or omission of Client or its Clients which are in any way related to the services rendered to Client by msimd.com and consultdesigner.com Websites.
Guarantees, Warranties or Promises.
msimd.com and consultdesigner.com Websites
cannot and does not provide Client any guarantee,
warrant or promise that its efforts will result in any
particular results. It is not possible to promise
results in search engine optimization.
Nevertheless, msimd.com and consultdesigner.com Websites does promise to use its best
efforts to produce the maximum result possible given the
nature of the Client's business, the level of
competition inherent in such business, the requirements
of the various search engines and general economic
conditions over which, after all, msimd.com and consultdesigner.com Websites has no
control. msimd.com and consultdesigner.com's main goal as a SEO company is to help small
to medium internet companies succeed online with an ethical and individualized
approach to SEO for each client.
There is no other, or further, guarantee,
warranty or promise made.
This service agreement is binding after Client sends the contact and sign up
information and any pre-payments to msimd.com and consultdesigner.com Websites.