Terms & Conditions
The YBS services Terms are here under. The customer accepts the Terms and conditions (hereunder), attached to any document that refers or accept these terms electronically, by signing them. These Terms and Conditions regulate our services proposed by YBS (hereunder), in the scope of this document, described in your Search Engine Marketing Campaign, executed by and between YBS and Customer. All parties hereby agree and acknowledge:
1: Campaign use is subject to all applicable YBS ad specification requirements and policies. Policies may be modified any time. Customer shall direct communication only to YBS regarding Customer’s Internet Advertising Campaign outlined on www.yourbusinessshop.com website by fax or email to email@example.com. YBS reserves the rights to modify ad description and wording to comply with any Policies related to Search Engine Optimization (SEO) Advertising.
2: The Campaign.
YBS will create Customer’s Website & carry out Search Engine Marketing strategies on the contracted search engines as well as optimize and promote Customer’s website through Internet Search Engines and/or Social bookmarks and/or Web directories and/or Link Building Services and/or Article/Blogs Distribution (as states in the contract). YBS may take up to thirty (30) calendar days from the payment date to process the data entry and to activate contracted service for the client.
For activation of Local Business Listings, Customer must supply YBS with activation code received in the mail or by phone in order to activate the listing (search engine specific). YBS reserves the right to refuse Local Business Listing creation with specific keyword within the first thirty (30) days after activation due to inability to fulfill Local Business Listing due to reasons unrelated to YBS. YBS may substitute the keywords to generally accepted keywords or by modifying spelling to fulfill the contractual obligation under Local Business Listings and SEO Package. The Local Business Listings will only be advertised in a single geographical area and placed according to Customer’s specific industry. Local Business Listing Advertising in additional geographical areas can be created under a new Advertising Package.
YBS is not responsible for accuracy of information provided by the customer. YBS does not guarantee the appearance on the ad outside the country of the advertised geographical location, due to language and regional settings. YBS does not guarantee specific position(s) of the Customer’s website in the search engines, but doing all reasonable and legitimate effort to move Customer’s Local Business Listing and website to the highest position possible in the Search Engine Results. Images and Video content supplied are not guaranteed to appear due to possibility of technical issues unrelated to YBS. YBS does not guarantee appearance of the ad, if URL supplied by customer is not in working condition, as it will be automatically filtered out by the search engine
2.A SEO TERMS
Research & Development will start immediately. Initial website analysis; activation report will be sent after receiving the Key phrases Acknowledgment & Valid Website Access. In case of any Alteration in Onsite by Customer and Google Update, the results and the time frame wouldn’t be ensured. For selected search engine optimization package, the activation of account will be considered after receiving Valid Access of website and City Modified Key phrases analyzed by YBS Marketing Specialists and approved by the customer.
On-Site SEO services can be performed only by YBS, after customer provides valid website access and key phrases acknowledgment, absence of correct website login information, will result in inability or delay in performing the services. YBS will add additional pages/content on customer’s existing website, if required. If YBS is unable to perform the services due to customer’s failure to provide website access or unable to make required changes on the website, no refunds will be issued. Incase customer is unable to share the information due to confidentiality, customer shall make the required changes on the website; robot.txt, XML Sitemap and Google Analytics will be customer’s responsibility to configure.
Optimization and Marketing services are provided on a best-efforts basis due to the dynamic and unpredictable nature of the World Wide Web. In no event, shall YBS be held liable for any consequential, indirect, incidental, punitive, or special damages including, without limitation, damages for loss of business profits, business interruption, or loss of business information arising out of these Terms and Conditions or out of the actions of third parties in connection with this Agreement, even if customer has been advised of the possibility of such damages.
YBS does not guarantee improvement in customer’s sales or relevant website traffic. Such will still depend on the demand for customer’s product or service, design and layout of the site, and many other factors beyond the control of YBS. YBS obligations provided herein is based on the SEO provision of services as contemplate herein.
Website Submission services do not guarantee inclusion of customers website in the submission results due to difference in search engine performance regulations and search algorithms. Directory submission services do not guarantee acceptance to the directory for various reasons not related to YBS. Reports for campaign development are available upon request or if otherwise mutually agreed by YBS and customer. Any website downtime of one day or more voids the services because search engines will remove customer’s listing if site is temporarily down.
Duplication of content will void the services. Search engines ban and penalize the website for such practice. Customer must provide with the fresh and unique content, YBS may provide the content extra charges will apply.
Transferring of the optimized pages to another domain/landing page will void the services because optimization work would be made for the exact URL address i.e. 301 transfer, changing domain name of the website or removing the optimized pages will badly.
Customer’s selection of keyword phrases that are too competitive may void the services. Redirecting the optimized domain to another one will void the services because search engines regard using 301- redirect as spam. Customer shall not remove the link to sitemap, the sitemap, and optimized pages. Doing so will also void the services because if these pages are not viewable, website pages will not be crawled by the search engine spiders.
YBS delivers majority of the services listed in SEMC within one month (30 days) from the service activation date. Due to the search engine specific rules for website indexing and actions YBS takes to promote customers websites, customer should expect changes in incoming traffic volume and quality 3 months (90 days) after effective activation date.
Video Distribution will be only completed when customer has provided video material or contracted YBS for video creation upon the completion of the video project.
Customer grants YBS permission to utilize an automated software programs to retrieve and analyze websites associated with the Campaign for ad quality and serving purposes. YBS may reject or terminate any Campaign at any time for Customer’s failure to provide payment.
2.B LBL TERMS
The Google Map Listings will be advertised in geographical area(s) and placed according to Customer’s specific industry. YBS will create Customer’s Google Map Listings. YBS may take up to thirty (30-45) days from the payment date to process the data entry and to activate contracted service for the customer. YBS will require website access for Onsite Optimization. If customer has already submitted his/her local listings, YBS will require the access of Local Listing Account for the activation. We will analyze the provided credentials and notify customer for further submission requirement. Any sort of modification made by customer in the Google Map Listings account will cause listings removal, or account review ale by Google.
YBS does not provide the appearance of the ad outside the advertised geographical location, due to language and regional settings. YBS reserves the right to refuse Google Map Listings creation with specific key phrase(s) within first thirty (30) days after activation due to inability to fulfill Google Map Listings due to reasons unrelated to YBS. YBS may substitute the key phrase(s) to generally accepted key phrases for the same business industry or by modifying spelling to fulfill the obligation under Google Map Listings Services Agreement. Any changes in the policies of Google Map Listings will be regarded as a vital part of submission and optimizations process, if the changes tend to decline in rankings, YBS will not be responsible. YBS is not responsible for accuracy of information provided by the customer. YBS does not provide appearance of the listing, if URL provided by customer is not in working condition, as it will be automatically remove out by the Google. Images and Videos content provided may or may not appear on search results.
2.C Website Design & Development
YBS will procure a custom design for each contracted website design and/or development project. Design will be submitted to client for approval before moving into development phase.
Initial design will be sent for approval to client within 5-7 business days of contract signing & confirmation of payment/s for website design and/or development.
Once the design is approved by the client further changes may incur further charges. The client is responsible for providing images & content for website development unless specified in the contract service description.
Client will provide existing hosting, c-panel or any database access required for completion of website design and/or development unless otherwise stated in the “services” section of warranty contract.
Client is liable to pay upfront for all services under website design/development unless mutually decided and stated in the “payment” section of the warranty contract.
Client will retain ownership of the completed website, its design and its content including but not limited to images, videos and/or text.
Completion of project will aforementioned in the Service Contract for Website Design/Development.
YBS will not be responsible for any damages caused by delay in project completion due to delay in client approval or due to delay in providing any access or content needed.
Client is eligible to cancel services at any time for any reason. YBS will issue a pro-rated refund depending on how much work is completed.
Google Submission Requirement:
Customer must provide YBS with Unique Phone Number & Unique Physical Address, where there are multiple geographical locations, additional phone number and address per location must be provided by customer for submission. Customer shall also provide with Business Recognition and Registrations, Business Certificates and Achievements, Business Payment Methods, Business Photos & Galleries, Business Videos, Business Coupons & Promotions. YBS is not responsible for accuracy of information provided by the customer.
Activation of Google Map Listings will start after receiving the collected Pin Number(s) by customer, sent by Google on provided Address(s) or Phone Number(s). In case of any Customer request to modify provided Address(s) or Phone number(s) after activation, the achieved results will be automatically removed from Map Listings and may also leads to Account Suspension or Review ale by Google, Services Agreement will be renewed for the modification of Address(s) or Phone Number(s) and it will take additional 30-90 days for Ranking Improvement on Google Map Listings.
3: Search Engine Marketing Campaign is subject to automatic renewal under same terms and conditions as specified in original agreement for the same duration as specified in original contract, Payment information specified in the contract will be used for purpose of payment for renewal and subject to Section 8 of these YBS Advertising Terms.
4: Within first 24 hours from the moment payment is received, customer may cancel the Contract without cause in writing by email to firstname.lastname@example.org customer will be entitled for a full refund. Customer that wishes to cancel after first 24 hours from payment will not be entitled to any refund.
In event that customer wishes to cancel any time beyond first 24 hours, they may do so by sending cancellation request in writing or via email to email@example.com. Monthly fees will be charged for all completed months, all incomplete month will be rounded up to the next complete month, and the services will be provided in full for all paid months unless requested by client. The request to stop services before the completion of prepaid months does not qualify in any additional refunds.
If customers cancel the contract at any time with in the duration of the contract, there will be no REFUND. YBS provides Maximum Exposure on the World Wide Web. There is no Money Back Guarantee.
If client is unable to provide us the details we need and due to which client wishes to cancel their marketing plans with us then Cancellation charges will apply. Client must pay the cancellation fee no matter if the last month payment has been charged.
Cancellation fee varies based on the nature of the marketing plan that client signed up for.
Cancellation fee must be paid 7 days prior to due month payment or client has to pay full month payment as well.
Cancellation on accounts where services were rendered client may cancel the contract, but he/she is liable to pay the payable amount of the contract in full. Cancellation fee will be the full payable amount of the contract.
At any time YBS may modify the Campaign and/or its Terms, including change in the price initially charged by YBS for the Campaign by giving the Customer a one-week notice (hereinafter, the Notice of Change) with no liability to YBS, its partners, appointees or affiliates. Should the Customer choose to continue with the Campaign at the end of the one-week period since the Notice of Change was delivered to the Customer, it is understood by the parties to this agreement that the Customer has accepted the Change to the Terms and accepted such changes?
5: Prohibited Uses; License Grant; Representations and Warranties.
Customer shall not advertise personally and shall not authorize any party to advertise anything illegal or engage in any illegal or fraudulent business practice. Customer represents and warrants that it holds and hereby grants YBS all rights (including without limitation any copyright, trademark, patent, publicity or other rights) in formulating the keywords and advertisement needed for YBS to operate Internet’s advertising campaigns for Customer in connection with this Agreement.
Customer represents and warrants that all Customer information is complete, correct and current; and Customer’s Services or product will not violate or encourage violation of any applicable laws, regulations, code of conduct, or third party rights, including, without limitation, intellectual property rights. Violation of the foregoing may result in immediate termination of this Agreement or customer’s account without notice and may subject Customer to legal penalties and consequences.
6: Disclaimer and Limitation of Liability.
To the fullest extent permitted by law, YBS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE, EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND CUSTOMER’S BREACHES OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO CUSTOMER’S BUSINESS, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO YBS BY CUSTOMER FOR THE AGREEMENT GIVING RISE TO THE CLAIM. Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including but not limited to acts of God, government, terrorism, natural disaster, labor conditions and power failures OR Any changes made by Google in the algorithm which might affect the placement of the website on the first page. The parties agree that this is a continuing indemnity which shall remain in full force until it is terminated
7: Customer represents and warrants that it is authorized to act on behalf of and has bound to this Agreement any third party for which Customer advertises.
8: Customer shall be responsible for all charges up to the amount of Search Engine Marketing Campaign, or as set in the contract, and shall pay all charges in U.S. or Canadian Dollars equivalent to USD with current market exchange rate for the day of payment, unless otherwise specified on the Search Engine Marketing Campaign. In case of declined/missing payment, all work on customer’s account will be temporary suspended and customer must provide alternative payment within 7 days of the email notification. If payment is not provided within 7 days, the account will be cancelled and YBS reserves the right to revert the customer’s website to pre contract state and cancel or suspend all listings. YBS reserves the right to a legal action against the Customer for any outstanding balances. Customer is responsible for paying all taxes, government charges, and reasonable expenses and attorney’s fees YBS incurs collecting outstanding amounts.
To the fullest extent permitted by law, Customer waives all claims relating to charges unless claimed within 30 days after the charge. Charges are solely based on YBS’s measurements for the applicable Campaign, unless otherwise agreed to in writing. Customer acknowledges and agrees that any credit card and related billing and payment information that Customer provides to YBS may be shared by YBS with companies who work on YBS’s behalf, such as payment processors and/or sales agents, solely for the purposes of effecting payment to YBS and servicing Customer’s account. YBS may also provide information in response to all valid legal processes, or to establish or exercise its legal rights or defend against legal claims. YBS shall not be liable for any use or disclosure of such information by such third parties.
9: Customer also agrees and covenants to indemnify and save YBS harmless from and against any and all third party claims, demands, actions and causes of action which may be made or brought against YBS or the Customer or both in respect of SEMC or breach thereof, as well as Campaign conducted by YBS, and from and against all damages, loss, cost, including legal costs on a solicitor and client basis, liability or expenses which the Customer may suffer or incur as a result of or in respect of the Campaign.
10: The Agreement is governed by laws of Ontario, Canada. The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any other applicable agreements, terms and conditions applicable to the subject matter hereof. Any conflicting or additional terms contained in additional documents (e.g. reference to a purchase order number) or oral discussions are void. Each party shall not disclose the terms or conditions of these Terms to any third party, except to its professional advisors under a strict duty of confidentiality or as necessary to comply with a government law, rule or regulation. Customer may grant approvals, permissions, extensions and consents by email. Any notices to YBS must be sent to firstname.lastname@example.org with read receipt confirmation.
Notice to Customer may be effected by sending email to the email address specified in Customer’s account, and is deemed received when sent. A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties’ intention and only to the extent necessary to make them enforceable, and remaining provisions of the SEMC will remain in full effect. Customer may not assign any of its rights here under and any such attempt is void.