Terms & Conditions
Terms and Conditions
1.1 In these terms and conditions, unless the context otherwise requires:
|Australian Consumer Law||means schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation.|
|Consequential Loss||means any loss, damage or costs incurred by a party or any other person that is indirect or consequential, as well as loss of revenue; loss of income; loss of business; loss of profits; loss of production; loss of or damage to goodwill or credit; loss of business reputation, future reputation or publicity; loss of use; loss of interest; losses arising from claims by third parties; loss of or damage to credit rating; loss of anticipated savings and/or loss or denial of opportunity.|
|Consumer Guarantee||means a right or guarantee You may have under the Australian Consumer Law or other rights in relation to the supply of goods or services (such as terms implied into a contract) that cannot lawfully be excluded.|
|Contract||means the contract for the supply of services between Us and You consisting of the Order Form and these terms and conditions.|
|Initial Term||means the initial term of the Contract described on the Order Form.|
|Notice||means a written notice given in accordance with clause 7.|
|Order Form||means the request for Services made by You and accepted by Us.|
|Package||means the service packages offered by Us from time to time as published by Us on the Website from time to time.|
|Price||means:(a) the Price for the Packages as published by Us on the Website from time to time; or(b) if any other amount is agreed in writing between You and Us, then that amount.|
|SEO Package||any Package offered by Us that includes search engine optimisation services.|
|Services||means the services to be supplied by Us to You as described in the Order Form.|
|Term||means the Initial Term or any subsequent Contract Term pursuant to any renewal of the Contract.|
|We, Us or Our||means SEO Genius (ABN 79 710 912 653)|
|Website||means the website at www.seogenius.com.au|
|You or Your||means the person or company described as the client on the Order Form.|
- Application of terms
2.1 The Contract applies to all services supplied by Us to You. The terms of the Contract may only be varied by written agreement between Us and You.
- Price and Payment
3.1 You must pay the Price that is current at the beginning of each Term in advance at the beginning of each Term by direct debit or direct deposit.
3.2 In the case of a subscription the price will remain the same upon renewal of the Contract for the next Term.
3.3 SEO Genius offers a full refund option for 50 days after the initial Payment.
- Your obligations
4.1 You must respond in a timely manner to all reasonable requests made by Us in relation to the provision of the Services. These include giving Us ongoing access to Your website, Your Google account and any other online accounts that are relevant to the Services.
5.1 You may give Us Notice by email at firstname.lastname@example.org
5.2 We may give a Notice to You by email to the email address nominated on the Order Form. Unless proven otherwise emails (including any attachment) are deemed to have been delivered at the time the email is sent unless We receive a notification of delivery failure within 24 hours.
- Warranty and liability
6.1 We make no warranty that search engine optimisation will generate any increase in sales, business activity, profits or any other form of improvement for Your business or any other purpose. Although We will use due care and skill in providing search engine optimisation services, We cannot guarantee improved rankings in any particular search engine.
6.2 With the exception of Consumer Guarantees, We exclude:
(a) any term, condition or warranty that may otherwise be implied into this Contract;
(b) any liability for loss or damage incurred as a result of or in connection with the Our negligence; and
(c) any liability for Consequential Loss.
6.3 Our liability in respect of any breach of or failure to comply with any Consumer Guarantee is limited to (at Our option) to supplying the Services again or payment of the cost of having the Services supplied again.
7.1 If You default in performing Your obligations under the Contract and We incur expenses in enforcing our rights (for example and without limitation, expenses incurred by Us in recovering any moneys owed by You to Us), You must pay those expenses to Us on demand, including all legal costs on a full indemnity basis.
- Unanticipated events
8.1 We may cancel or suspend delivery of any of the Services in the event of any delay or non-performance due directly or indirectly to wars, terrorism, strikes, lockouts, delays or defaults of manufacturers or suppliers, act of God, or any other cause beyond our reasonable control.
9.1 The Contract constitutes the entire agreement between Us and You for the supply of Services.
9.2 The Contract will be governed by the law of New South Wales. Both We and You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that state.
9.3 The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.
9.4 Neither Our failure nor Your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
9.5 I have read the SEO Genius Terms and Conditions and agree to be bound by them