Terms and Conditions
This document refers to the Terms and Conditions effective from April 2nd, 2016
Soderman Marketing (hereinafter, 'SM') Terms and Conditions are hereunder, entered into by the Customer. By hiring Soderman Marketing Terms, the customer accepts the Terms and Conditions set up by SM in respect of the services provided. Terms and Conditions govern services that include but are not limited to Search Engine Optimization, Search Engine Marketing, Web Design & Development, Re-Targeting Campaigns, Pay Per Click, Conversion Rate Optimization and Software Development offered by SM. All parties hereby agree and acknowledge:
1. Agreement Length:
This Agreement will remain in effect month to month unless it is modified by the consent of both parties. Either party many terminate this Agreement at any time and for any reason.
Customer authorizes SM use of all Customer logos, trademarks, web site images, slogans, taglines etc., and gives SM permission to make changes to the Customer's Website/Domain Name(s) and any other online properties for the purpose of optimization, or to communicate these changes directly with any third parties, e.g., web designer, if necessary.
3. Authorizations, Acknowledgments and Understandings:
3.1. Customer acknowledges that all Social Media campaigns including but not limited to Facebook Fan Page, Google+ Page, Twitter, Pinterest, LinkedIn, are for the branding and targeting of specific keywords related to the Customer's Website/Domain Name(s) and that full ownership of the Social Media campaigns including but not limited to Facebook Fan Page, Google+ Page, Twitter, Pinterest, LinkedIn, will be retained by SM at all times.
3.2. Customer authorizes SM to obtain hyperlinks ("backlinks") to the Customer's Website/Domain Name(s) from other websites and directories.
3.3. Customer authorizes SM and their preferred writers to post blogs/articles with hyperlinks ("backlinks") to the Customer's Website/Domain Name(s) on blog/article sites in order to generate link popularity.
3.4. Customer authorizes SM to use any keywords and/or phases they deem necessary for development, improving the ranking of, and/or positioning the contents of the Customer's Website/Domain Name(s) in the search engines and/or directories that are most frequently used by the general public.
3.5. Customer acknowledges that search engines have been known to hinder the rankings of new websites (or pages) until they have proven their viability to exist for more than 6 months.
3.6. Customer acknowledges that SM has no control over previous individuals or companies that have built hyperlinks (“backlinks”) to the Customer's Website/Domain Name(s) and the Customer also acknowledges that the Customer's Website/Domain Name(s) may be excluded or penalized by any directory or search engine because of previous work done to the Customer's Website/Domain Name(s) by other individuals or companies. It is agreed that Customer will not hold SM liable should ranking/traffic/indexing issues related to search engine penalties or exclusion cause undesired results of optimization.
3.7. Customer acknowledges that SM shall not be liable for any losses or damages, including consequential, indirect and incidental, that the Customer incurs from the Customer's Website/Domain Name(s) being penalized, dropped in rankings, or excluded from the search engines search results.
3.8. Customer acknowledges that due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, SM does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term.
3.9. Customer acknowledges that SM owns all rights to the website redesign built specifically for customer until customer pays off the entire website cost of $2,500.00. Customer acklowledges the mandatory need to remove the website redesign from appearing online and/or dispose of all website files within 7 days of contract termination. Customer agrees to never duplicate, sell, lease or use unique content and images used in the website redesign.
4. Fees and Payments:
4.1. Due Date: Customer agrees to pay each month starting on the date they make their first Payment. This day will also be the start of the Monthly Billing Cycle and monthly payments will be due on that day each following month until this Agreement is terminated. This will be the Monthly Billing Cycle due date.
4.2. Payment Method: Customer agrees to pay each month via Credit Card, Debit Card through PayPal or Freshbooks.
4.3. Automatic Billing: Customer authorizes SM to initiate a charge or debit entry on my credit card or debit card for the total amount due each month for the services provided to me by SM. Customer also understands that this authorization will remain in full force and effect until the date upon which SM receives notification from Customer to terminate this recurring payment.
4.4. Refunds: Customer acknowledges that once a payment, deposit, set-up fee or reserve fee is made, it is non-refundable as these fees are immediately applied to the costs incurred by SM in initiating monthly services.
This Agreement will remain in effect month to month unless it is modified by the consent of both parties. Either party many terminate this Agreement for any reason by giving a 30 day written notice. If customer or SM gives a 30 day termination notice, Customer's last bill will be due in full on their next due date. Service will continue through their last full month.
5.2. Customer agrees to keep the terms of this Agreement and their Fees and Payments strictly confidential from any third party, unless permission is given in writing.
5.3. Indemnification: The Customer agrees to indemnify SM, and its respective officers, directors, agents and employees against and hold them harmless from any and all expenses, costs and liabilities arising from services provided to Customer in any way.
5.4. Governing Law: The Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of Arizona, and the Parties agree to submit to the non-exclusive jurisdiction of the Courts of that State or the United States District Court for the District of Arizona. Except as provided herein, all rights of the Parties involved are cumulative and additional to any rights that the parties may have in law or in equity.
5.5. This Agreement cannot be amended or modified except by another written document duly signed by the Parties.