LOCAL SEO (GOOGLE MY BUSINESS) TERMS OF SERVICE
This is the agreement we use for delivering Search Engine Optimisation services. We encourage you to read and understand this agreement as it explains what each of us are responsible for and is designed to protect you as well as us.
These terms and conditions define our working relationship with you. Unless otherwise agreed to in writing by both parties, these terms apply from the date of our agreement and cover all of the deliverables you ask us to provide. If there is any part of this agreement that you do not understand, please let us know before agreeing to these terms.
1. What we do
- 1.1. We will provide the services and deliverables described in this agreeemnt in exchange for receipt of payment set out in the agreement.
2. Additional services and variations
- 2.1. We can assist you with services not already identified in this agreement. This will require a new agreement and attract an additional cost. Please note that service rates may be adjusted from time to time and will not necessarily be the same as set out in the current agreement.
- 2.2. Any additional work outside the scope of this agreeemnt including small tasks will be charged at our hourly rate.
- 2.3. The online world is changing all the time. If we think something that we had offered to do is no longer effective, or no longer available, or there is something that we consider to be even better than what we first proposed, we may choose to change parts of the service offered to you. If we change parts of the service, we will let you know. There will be no extra cost to you, and no reduction in the cost.
3. SEO – Search Engine Optimisation = appearing in search results
- 3.1. We offer three local SEO (Google My Business) packages for you to choose from :
- Basic Local SEO Ideal for a business looking for a suburb based local SEO presence, content creation is extra;
- Advanced Local SEO Ideal for a business looking for a capital city (or other city or regional hotspot) based local SEO presence, content creation is included.
- MultiLocation Local SEO Ideal for businesses with up to 5 locations, working on a local SEO presence for each of the locations, content creation is extra.
- 3.2. During SEO setup we will audit your website, complete an analysis of your current SEO status, complete immediate fixes and provide recommendations for work to be done, and the priorities for that work over months if you have engaged us for our ongoing organic SEO services. The more work required, the longer the time frame. If we recommend a time frame, we are unable to provide those services effectively in less time.
- 3.3. For SEO setup, you will need to provide to us:
- Website login details;
- Hosting provider login details (if hosted outside Digital Surfer);
- Domain name registrar login details (if registered outside Digital Surfer);
- Google Analytics login details
- Google Webmaster Tools login details; and
- Marketing email address for business listings if required.
- 3.4. After SEO setup is complete, we will provide ongoing SEO services to the level you have requested. The minimum duration is 6 months commencing the date of signing this agreement. At the expiration of 5 months our services can be cancelled with 30 days notice in writing.
- 3.5. If you have asked us to provide SEO services we will work with you to develop a keyword strategy for approval, depending on the service package you have chosen. You agree to indemnify us completely for any claims made against us regarding the use of those keywords in the provision of our Services for you.
- 3.6. If you have asked us to provide local SEO services as part of one of our packages, we will require specific information from you before we can start setup for each business location, including:
- the business name, address and phone number exactly as it needs to be illustrated in local directories;
- your hours of operation;
- 2 client reviews (desirable but not mandatory) and
- appropriate photos of your business location, services and team.
- 3.7. As part of Local SEO services (google my business) we require you to provide additional content to us monthly, to support our SEO service delivery, as follows:
- a minimum of 1 x images;
- optional video content created by you;
- any new promotional material (eg. special offer, event announcement, new staff);
- a minimum of 2 x client reviews (desirable not mandatory)
- 3.8. SEO services are dependent on how the platforms provided by third party suppliers (like Google) work. Those platforms may change without notice. We are not responsible for any loss or damage incurred by you as a result of changes made by third party platforms.
4. You indemnify Digital Surfer or associated entities against any claims, actions, loss or damage (including legal costs) arising directly or indirectly from any:
- errors and omissions in content;
- unauthorised use of copyright works or other intellectual property in relation to your website;
- failure of software supplied to you;
- failure of services provided by the registrar;
- failure of services provided by the hosting provider;
- loss of website data.
- 5.1. We require 1 month in advance payments for SEO campaigns.
- 5.2 Ongoing SEO services fees are payable monthly by credit card only. The monthly payment is due on the 1st day of every new month regardless of what day of the week the 1st day falls. You authorise us to deduct the ongoing fee at the agreed payment frequency until this agreement is cancelled.
- 5.3. If an automatic direct debit payment is reversed by your financial institution, we will try to contact you to re-try the debit. If the debit remains outstanding it will be processed within 14 days of the reversal with any reversal fees that apply. You authorise us to debit your account an amount equivalent to the amount our bank charges us for reversal fees in addition to the outstanding balance.
- 5.4. If unpaid fees remain outstanding after attempts by us to rectify the arrears, we may forward the debt to a collection agency to take further action.
- 6.1. Once we have commenced work, fees are not refundable simply because you have changed your mind.
- 6.2. If you do change your mind, you will pay us an amount equal to the greater of the deposit, or a reasonable amount for the expenses already incurred and work we have completed at the time you let us know that you don’t want us to proceed. We will tell you what we think is a reasonable fee and aim to reach an agreement with you.
7. Open source software
- 7.1. We use a lot of open source software and components to supply websites and services to clients. We do not charge additional licensing fees on open source software.
- 7.2. All software and components not developed by us retain the original licence and terms associated with that software. We cannot assign any rights to you and you agree to be bound by the original developer’s licence terms.
8.1. You consent to our creation of a credit and link in the footer of your website and agree to retain that link for a period of 12 months. You agree the credit and link will be removed in the event that you make, or authorise any other person to make substantial changes to your website.
- 8.2. You consent to our use of your website, associated graphics and any unused ideas and development in the promotion of our services.
9. Third party services
- 9.1. The services we provide rely upon the continued operation of online facilities that we use. We will not be liable for any third party failures affecting the provision of our services.
- 9.2. You acknowledge that third party search engines may change their policies and systems at any time. We will do our best to accommodate those changes promptly but cannot be held liable for fluctuations, alterations or removal of your listing as a result of the actions of a third party which are out of our control.
- 9.3. You acknowledge that third party browsers and devices may change their policies and systems at any time. Our services are aimed toward appropriate appearance on the most common browsers –Chrome, Explorer and Firefox – as well as mobile capability. We cannot guarantee that your website will appear perfectly on every available device.
- 9.4. If you enter into an agreement with a third party as a result of our recommendation it is still your responsibility to understand and negotiate your own terms of agreement with them.
10. Limitation of Liability
- 10.1. We make no guarantees about any improvement you may gain as a result of our services or any increase in business that may be generated for you through our services.
- 10.2. You agree that the total aggregate liability to us for any claim by you in respect of any service of services provided to you is limited to the total amount paid by you, to us for that service.
- 10.3. To the fullest extent permissible by law, and without limiting the application of Australian Consumer Law, in the event of any fault in the services, our liability will be limited at our choice to:
- the supplying of the services again;
- the repair of any fault in the services caused by us;
- the payment of the cost of having any fault in the services caused by us repaired; or
- the payment of the cost of having the services supplied again.
- 10.4. This limitation of liability applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement, or your use of our services.
11. General Terms
11.1 Confidentiality – Some of the information that you provide to us will be information that is clearly important and confidential to your business. We will only use that information to provide services to you and will not share it. Other information you provide will be for publication as part of the service we provide to you, and that information will not be kept confidential. Our contracts and business methods are confidential to our business, and we request that you keep them confidential.
11.2 Privacy – Any personal information collected by us in the course of providing services will only be used to provide services to you and for no other purpose. If you provide us with a testimonial or referral, your name, job title and business may be published.
11.3 Recommendations – if we make any third party recommendations, we do so because to the best of our knowledge they are professional and successful service providers. You are still required to do all due diligence to protect your company, staff and your own legal rights.
11.4 Relationship – We are providing services to you as an independent contractor and nothing in this agreement should be interpreted to suggest otherwise.
11.5 Amendment – These terms can only be amended by agreement in writing between the parties.
11.6 Assignment – You may only assign or transfer your rights or obligations under this agreement with our prior written consent.
11.7 No Waiver – Any time or other indulgence granted by us will not in any way amount to a waiver of any of our rights or remedies under this agreement.
11.8 Governing law – This agreement is governed by the laws of Queensland and you agree to be subject to the jurisdiction of the courts of Queensland, if there was a serious dispute between you and us.
11.9 Severability – If for some reason a clause of this agreement turns out to be unenforceable, the rest of this agreement will continue unaffected and that term will be severed.
11.10 Enforceability – Even if you don’t sign this agreement, if you purchase our services and we provide those services to you, you agree to these terms. You can sign this agreement and send a scanned copy to us rather than a paper original.
11.11 Entire agreement – Whatever ends up in this document or the Proposal is the agreement between us and anything else discussed beforehand or afterward is not part of the agreement or fees charged unless it was included.
In this document the following definitions apply in order to avoid confusion:
Digital Surfer ‘we’, ‘us’ or ‘our’ or means Digital Surfer and CURDOD Unit Trust ABN 31 183 446 340, its officers, employees, contractors, successors and assigns.
Client ‘you’ or ‘your’ means you, our valued client as identified in the Proposal, your successors and assigns.
agreement means the terms included in this document, the Proposal document(s) and any other material identified in this document, together with any exhibits, schedules or attachments to this document.
content means all materials, information, photography, writings and other creative content necessary to produce the deliverables.
copyright means the proprietary rights in original works of authorship, expressed in a tangible form, as defined and enforceable under Australian and International Copyright Law.
deliverables means the services and product specified in the Proposal to be delivered by Digital Surfer to the Client, in the form specified in the Proposal.
open source software means computer software for which the source code and certain other rights normally reserved for copyright holders are provided under a software license that permits users to study, change, and improve the software.
Ongoing Management means the ongoing work to keep the website functioning and secure. This includes, but is not limited to: data management, backups, maintenance, upgrades and software updates, domain name renewal and hosting costs and support.
services means all work completed in order to provide the Client with the deliverables.
Please read this agreement through to ensure you understand the terms.