Payment Terms and Conditions!
1.Services to be performed. SEOWEBSITEHERO.COM agrees to perform Internet marketing and website design services (the ”Services”) on Buyer‘s behalf, according to the Services selected as part of this online sign-up process. SEOWEBSITEHERO.COM agrees to provide the Services to Buyer each month in exchange for the fees set forth in this online sign-up process.2. Guarantees:SEO Internet Marketing 1st Page Google Guarantee. SEOWEBSITEHERO.COM guarantees to achieve 1st page Google search results for your local business for at least one approved keyword within 30 days of your keyword approval or your money back. If at any time within 30 days of your approval of the SEOWEBSITEHERO.COM submitted keywords, SEOWEBSITEHERO.COM produces 1st page Google search results for any of said keywords on the Google Sponsored Links, Organic, or Local Business listing results, then SEOWEBSITEHERO.COM has satisfied the 1st Page Google Guarantee requirement, and therefore Buyer is not entitled to a refund of any kind. The aforementioned 1st Page Google Guarantee applies only to ”Local Businesses”, defined as only those businesses that derive substantially all of their income from people who live or work within a 100 mile radius the Buyer’s physical location(s).3. Term of Agreement. This Agreement will become effective and is fully executed when the Buyer checks the box acknowledging that he/she has read and agrees to the terms and conditions contained in this Agreement, as well as provides his/her name at the final stage of this online process representing his/her digital signature thereon. The Term of this Agreement begins from its date of execution and shall continue on a month-to-month basis until such time as the date a party terminates this Agreement as provided below. For Website Store agreements, the Term is different; see below.4. Termination of Agreement. This Agreement is month-to-month, and the Agreement and Monthly Fee shall continue until 60 days after either party provides the other with notice of intent to terminate. Notice of termination shall be given only in writing, by Buyer to SEOWEBSITEHERO.COM P.O. Box 57915 Sherman Oaks CA 91413 or by email email@example.com; or by SEOWEBSITEHERO.COM to Buyer at the street address or email address provided by Buyer during the sign-up process, or to Buyer’s updated street or email address as provided in writing by Buyer to SEOWEBSITEHERO.COM thereafter. For Website Store agreements, pre-Term termination is not available; see below.5. Website Store Term and Termination. Website Store plans have a fixed term as set forth in the Plan Summary that you agree to before purchase (the “Website Agreement Term”). During the Website Agreement Term, you may not cancel this Agreement for any reason. SEOWEBSITEHERO.COM makes a substantial investment in the creation of your website, and you agree that all the revenue SEOWEBSITEHERO.COM receives for the Website Agreement Term’s, constitutes liquidated damages in the event you breach this Agreement. SEOWEBSITEHERO.COM retains ownership of the website and the consumer traffic to the website until the Website Agreement Term has ended. In the event you breach this Agreement before the Website Agreement Term has ended, SEOWEBSITEHERO.COM may shut down the website until you have made payment in full including late fees. After the Website Agreement Term has ended, you will own the website as provided for in this Agreement.6. Payment. In consideration for the Services to be performed by SEOWEBSITEHERO.COM, Buyer agrees to pay SEOWEBSITEHERO.COM a campaign management Monthly Fee for the duration of the term. The First Monthly Fee are due upon execution. The second Monthly Fee shall be paid one month after this Agreement is executed, and subsequent Monthly Fee payments shall be paid by the same day each successive month.7. Late Fees. Late payments by Buyer shall be subject to late fees of 1.5 % per month from the due date until the amount is paid. Any EFT payment returned or rejected by Buyer‘s bank shall be subject to a $30 NSF fee payable by Buyer to SEOWEBSITEHERO.COM. SEOWEBSITEHERO.COM has the right to discontinue Services without notice to Buyer if any payment becomes delinquent by more than 5 days.8. Intellectual Property Ownership. SEOWEBSITEHERO.COM will provide Buyer its marketing systems, procedures, internet directory listings, website designs and elements, and/or other expertise (”Work Product”). SEOWEBSITEHERO.COM grants Buyer a royalty-free nonexclusive worldwide license to use the Work Product for the purpose of marketing and selling Buyer‘s products and services. The license shall have a term that expires at the time this Agreement terminates and is conditioned upon full payment of the compensation due SEOWEBSITEHERO.COM under this Agreement. SEOWEBSITEHERO.COM retains all other rights, title, and interest, including all copyrights, patent rights, and trade secret rights, in the Work Product.9. SEOWEBSITEHERO.COM's Reusable Materials. SEOWEBSITEHERO.COM owns outright, and/or owns a license to use and sublicense, various materials in existence before this Agreement‘s date of execution (”SEOWEBSITEHERO.COM‘s Materials”). SEOWEBSITEHERO.COM may include SEOWEBSITEHERO.COM‘s Materials in the work performed under this Agreement. SEOWEBSITEHERO.COM retains all rights, title, and interest, including all copyrights, patent rights, and trade secret rights, in SEOWEBSITEHERO.COM‘s Materials. SEOWEBSITEHERO.COM grants Buyer a royalty-free nonexclusive license to use any SEOWEBSITEHERO.COM‘s Materials incorporated into the work performed by SEOWEBSITEHERO.COM under this Agreement. The license shall have a term running concurrently with the term of this Agreement and shall not be transferred by Buyer.10. Exclusive Agreement, Modifications, Waivers, Severance. This is the entire Agreement between SEOWEBSITEHERO.COM and Buyer. Any modifications to this Agreement must be in writing, and signed by both parties. Any waiver shall not be effective against any party unless in writing executed on behalf of such party. In the event that any of the provisions of this Agreement shall be held by a court to be illegal, invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. 11. Warranty. Buyer must report any deficiencies in SEOWEBSITEHERO.COM's services to SEOWEBSITEHERO.COM in writing within 60 days of performance to receive warranty remedies. Software bugs are to be expected and addressed under the terms of this Agreement. Buyer‘s exclusive remedy for any breach of the above warranty shall be the re-performance of SEOWEBSITEHERO.COM‘s services. If SEOWEBSITEHERO.COM is unable to re-perform the services, Buyer shall be entitled to recover the fees paid to SEOWEBSITEHERO.COM for the deficient services.
THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY ORAL OR WRITTEN REPRESENTATIONS, PROPOSALS OR STATEMENTS MADE PRIOR TO THIS AGREEMENT.12. Limited Liability. SEOWEBSITEHERO.COM‘s total liability to Buyer under this Agreement for damages, costs and expenses shall not exceed the compensation received by SEOWEBSITEHERO.COM under this Agreement.
NEITHER PARTY TO THIS AGREEMENT SHALL BE LIABLE FOR THE OTHER'S LOST PROFITS, OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE PARTY HAS BEEN HAS BEEN ADVISED BY THE OTHER PARTY OF THE POSSIBILITY OF SUCH DAMAGES.13. Notices. All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: When delivered personally to the recipient‘s address as stated on this Agreement; or, Three days after being deposited in the United States mail, with postage prepaid to the recipient‘s address as stated on this Agreement; or, When sent by email to the last email address of the recipient known to the person giving notice. Notice is effective upon receipt provided that a duplicate copy of the notice is promptly given by first class mail, or the recipient delivers a written confirmation of receipt. 14. No Partnership. This Agreement does not create a partnership relationship. Neither party has authority to enter into contracts on the other‘s behalf.15. Applicable Law and Venue. The laws of the State of California shall govern this Agreement. The venue for any legal action to enforce the terms of this Agreement will be in Los Angeles County, California and both parties expressly submit to the jurisdiction of the state and federal courts located in Los Angeles County, California