This Terms of Services has prepared by skywisetech.net (referred to ‘Skywise Technologies’, ‘we’, ‘us’, or ‘Site’ latter) to demonstrate the terms and conditions (unless otherwise stipulated in the contract) that our clients engage us as an independent contractor for the Search Engine Optimization (“SEO”) project of a specific website (hereinafter referred to as “project” or the project) for a specific period of time stated at the order/ invoice/ agreement.
1. Acceptance
The project will be started and made effective only when receipt of the order (either verbal or written form) from the client and full payment of the said deposit. By using our SEO service, the customer acknowledge and agree that he/she had read, understood, acknowledged and agreed to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies, including, but not limited to, the Universal Terms of Service that we may establish from time to time.
2. Payment
Customer agrees to pay us any and all fee(s) as billed in accordance with the Agreement. The fee(s) must be received prior to the start of any SEO Services. THE CUSTOMER FURTHER AGREES THAT, IN THE EVENT OF ANY TERMINATION OF THIS AGREEMENT BY CUSTOMER, NO REFUNDS SHALL BE GIVEN UNDER ANY CIRCUMSTANCES WHATSOEVER. THE CUSTOMER FURTHER AGREES TO PAY UPON CANCELLATION THE AMOUNT OF ANY CANCELLATION FEES OR OTHER AMOUNTS DUE TO US AS PROVIDED IN THE AGREEMENT. WE HEREBY AUTHORIZED TO CHARGE CUSTOMER’S CREDIT CARD ACCOUNT OR OTHER PAYMENT MECHANISM FOR ANY AMOUNTS OWED FROM TIME TO TIME BY CUSTOMER TO US.
3. SEO Services
We agree to provide Customer with SEO Services as described in the Agreement. We are authorized to use the specific keywords and/or phases provided by Customer for development, improving the ranking of, and/or positioning the contents of the Customer’s URL(s) in search engines and/or directories. We may also research keywords and phrases to select appropriate and relevant search terms, submit Customer’s pages to search engines and directories if necessary, modify the title tags, meta tags, content, HTML code, URLs and other on-page factors, and perform the appropriate off-page SEO under specific keywords if necessary. We only uses white-hat optimization techniques that completely follows search engine rules and policies.
4. Customer Responsibilities
For the purposes of providing these services, Customer agrees:
1)Ensuring that the website is always active and accessible
2)Providing FTP and administrative/backend access to the website for analysis of content and structure.
3)Permission to make changes for the purpose of optimization, and to communicate directly with any third parties.
4)Providing full access to existing website traffic statistics for analysis and tracking purposes.
5)Allowing access to a client email address for the purposes of requesting links.
6)Authorization to use client’s pictures, logos, trademarks, website images, pamphlets, content, etc.,
7)Providing additional page content in digital format for the purpose of creating additional or richer web pages.
5. Customer Acknowledgements
Customer understands and agrees that:
1)All fees paid are non-refundable.
2)All fees, services, documents, recommendations, and reports are confidential
3)We will have the ability to optimise the structure and content of clients’ web pages. Client must allow implementation of all optimisation strategies on the website.
4)We have no claim or control of any participating search engine directory or regulations. The Client’s website may be excluded from any director y or search engine at any time at the sole discretion of the search engine or directory.
5)The search engines may change their ranking algorithms on a regular basis and new sites and competitor sites may be being optimised and submitted continually. Hence, service provider does not guarantee any search engine rankings for specific keywords due to the complex, competitive nature of SEO. Actual ranking placement may take months to achieve due to the “Boosting Effect” and client will expect reasonable results as such. In some cases it may not be possible to improve rankings on certain keyword phrases and in this case service provider will select the closest relevant keyword phrases to optimise.
6)Linking to “bad neighborhoods” or getting links from “link farms” can seriously damage all SEO efforts. We do not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.
7)We do not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
8)Some search directories offer expedited listing services for a fee. If the Client wishes to engage in said expedited listing services (e.g., paid directories), the Client is responsible for all paid for inclusion or expedited service fees.
9)The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to us for inclusion on the website above are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend us and its subcontractors from any liability or suit arising from the use of such elements.
10)We are not responsible for the Client overwriting SEO work to the Client’s site. (e.g., Client/webmaster uploading over work already provided/optimized). The Client will be charged an additional fee for re-constructing content. Notwithstanding any other provision of this Agreement,our obligation to provide free SEO services shall cease in the event the Client’s conduct overwrites the SEO services provided. For example, if the client’s webmaster uploads content without consulting us, then our obligation to provide SEO services for free shall terminate.
6. Assignability
Customer may not assign this Agreement or the rights and obligations thereunder to any third party without our prior express written approval. We reserves the right to assign subcontractors as needed to this project to ensure on-time completion.
7. Termination
The agreement will come to an end if any of the following occur.
1)SEO service completed
2)Either party enters bankruptcy
3)Any obligations of the agreement become impossible to achieve due to man-made calamities (War,Terrorism,Riots, ect) or any natural calamities (flood,hurricane,volcano).
4)Both parties approve written terms of termination.
8. Force Majeure
Neither party will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party’s reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.
9. Severability
If any provision of this terms of services shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
10. Waiver of Contractual Right
The failure of either party to enforce any provision of this terms of services shall not be construed as a waiver of limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this terms of services. This terms of services agreement shall be governed by and interpreted and enforced in accordance with the laws of the Hong Kong.
Last Update: Nov 1, 2021