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Our
Guarantee

Website
Promotion & Optimization Guarantee
If, after 6 months, we do not consistently place
your website onto the first page of at least Four (4) of the 10
major Search Engines listed below (or your advised choice of 10)
for a minimum of 4 keywords or keyword phrases we will refund any
payments you have made for that Keyword or Keyword Phrase or at
Your Request Refund your entire investment in the Platinum Package.
You may opt-out of the campaign entirely or continue at a substantial
discount. This guarantee only applies to our Platinum Package and
shall be restated in electronic writing (email) in the event the
customer does not pay full price for the Platinum
Package as listed within our site. The terms of
this Guarantee are posted below.
Default
Top 10 Search Engines
AltaVista, AOL, Excite, Iwon, Google, Lycos, MSN,
Fast (all the web), Hotbot & Yahoo.
Terms
& Conditions of Guarantee
1.0 This contract is ongoing and for a minimum of
6 months and renewed bi-annually. Notice of termination must be
given in writing by either the company (Netsymmetrics, LLC) or the
customer to be received at least one month before renewal.
2.0 Where Search Engines require subscriptions to be listed these
are the responsibility of the customer unless otherwise stated in
writing. The company reserves the right to substitute other popular
Search Engines of its choice in place of Search Engines where subscriptions
have not been paid.
3.0 The company must have free and unrestricted access to the customer's
website and the customer grants Ability authority to submit website
pages to Search Engines and directories within the Territory (Internet)
and register it during the term of the contract.
Obligations of the Company
4.1 To provide a service involving:- Obtaining top ranking of the
customers web pages which may including the creation of duplicate
or additional pages for annexing for submission of the Web-Site
to Search Engines;
4.2 To provide any additional services as required in
accordance with the Contract or as agreed in writing
between the Company and the customer.
4.3 To send a report to the customer containing confirmation of
the Commencement Date and a monthly statistical analysis if requested
by the Customer. This report is provided only if the customer website
is capable of storing statistics and/or logs. Additional reports
may be supplied at additional cost.
4.4 Page one ranking is defined as appearing on the first page.
Obligations of the Customer
5.1 The customer must pay the Charges to the
Company in accordance with Clause 10.
5.2 The customer must allow the company full and
free access to their website.
5.3 The contract is subject to these terms and no
others.
Rights of the Company
6.1 The Company reserves the right to cancel the
contract with immediate effect if it believes the
material or the Web Site to be obscene, unfair,
untrue or otherwise unworthy of inclusion in the
Territory. The discretion of the Company in this
respect will be absolute.
6.2 If the Company shall exercise its rights under
Clause 7.1 it shall refund such proportion of the
charges as relate to any of the services not
performed or performed only in part minus any
expenses incurred to that date.
6.3 The company reserves the right to alter keyword
phrases if i.) They are less than two words long, or
ii.) It becomes apparent that a more descriptive
keyword phrase is necessary.
6.4 The company reserves the right to reject any
keyword phrase. If any keyword phrase is rejected
the customer will be notified before the contract
commences and no charge will be made in respect
to that keyword phrase.
Warranties and Indemnity
7.0 The customer warrants to the Company at all
times that the material included in the Web Site:
(a) is not in breach of the Intellectual Property
rights of any third party including without limitation
copyright, trademarks, database rights, rights in
passing off, design rights and any other
intellectual property rights including company
names, trade names and URLs which may be
created by statute, common law or otherwise from
time to time. (b) is not obscene within the definition
of the Obscene Publications Act 1959 or any other
relevant provision, statute, common law or similar in
force from time to time. (c) is not in breach of any
code or provision of statute or common law or
otherwise in force from time to time in relation to
Advertising of Goods or Services to include without
limitation regulation by the Advertising Standards
Authority and the Committee of Advertising Practice.
(d) contains no element of corporative advertising which is in breach
of the Control of Misleading Advertisements (Amendment) Regulations
2000 or any other relevant provision, statute, common law or similar
in force from time to time. (e) is not in breach of the Defamation
Act 1996 or any other relevant provision, statute, common law or
similar in force from time to time. (f) does not contain any misleading
price comparison in breach of Consumer Protection Act 1987 or any
other relevant provision, statute, common law or similar in force
from time to time.
Termination for breach, insolvency or frustration
8.0 Either party may by written notice to the other
terminate this agreement immediately if one of the
following events occurs:-
(a) either party goes into liquidation or makes any
arrangement or composition with its creditors or is
otherwise unable to pay its debts within the meaning
of Section 123 Insolvency Act 1986; (b) either party's ability to
carry out its obligations under this agreement is prevented or substantially
interfered with for any reason for a period in excess of three months
(whether or not within the control of such party) including without
limitation bt reason of any regular law decree or any act of state
or any other action of a government or (c) If free access is denied
to the website before proper termination of contract without reasonable
excuse or without agreement preventing the recovery of scripts,
codes, and alterations etc the customer is liable for a further
years fees. 9.2 Clause 9.1(b) shall not apply to the circumstances
set out in Clause 12.
Payment of Monies
9.0 The company's credit terms are 14 days from
date of invoice and the customer agrees to pay
interest of 4% per month in respect of fees still
outstanding 14 days from date of invoice unless
extended credit terms have been agreed in writing.
Review of Contract
10.0 At the end of the Term the Company is not obliged to renew
this contract. the Company may increase the Initial Charge to such
rates as then applicable in accordance with the Company's charging
policies. Any increase will be notified at least one month from
the renewal date.
Loss of Service
11.0 The Company accepts no liability for loss of service, unavailability
of files, damage of data, misuse of equipment by other customers,
failure of any externally managed equipment or communications devices
or other services deemed to be beyond the Company's control.
Intellectual Property Rights
12.0 All copyright, database rights, patents, trade secrets and
other proprietary and intellectual property rights including all
future intellectual property rights created by statute or otherwise
and all information which the Company may provide to the Customer
or include on the customer's website shall (as between the parties)
at all times remain vested in the Company and the Customer shall
not acquire any such intellectual property rights or licence to
such rights.
13.0 The terms comprise the contractual terms between the Company
and the Customer for the supply of services by the Company. No other
terms apply unless varied in writing by the Company and the customer.
14.0 Any web pages or other created on the customer website and
using artwork supplied by the company and the customer are deemed
to be the property of the company. These web pages, artworks, codes
etc must be deleted at the end of the contract and must not be copied
or used by the customer. It is agreed that if any of the pages,
artworks or codes etc are used after termination of the contract
the customer will be liable for another 12 months fees and any costs
incurred to recover these.
General
15.0 The Company reserves the right to alter or substitute Layouts,
Text, Keyword Phrases, Graphics, Pages, Codes etc in order to maximise
Search Engine Placement or Position and for Technical and other
reasons.
16.0 The Company will optimize web pages and/or websites for the
purpose of increasing Search Engine ranking, alterations, upgrades,
and/or updates to web pages are not included in the service and
must be paid for if the company is requested to do these.
17.0 The customer agrees to allow the company to display a small
Icon on each page being promoted which shall be no larger than 16
x 16 pixels (about a quarter inch square) plus a description of
the Website Promotion Service which will not exceed 20 words and
shall be displayed in the smallest font size and be positioned as
not to detract from the main purpose of the site.
18.0 Free website promotion, three for the price of two etc, are
not included in our guarantee.
19.0 Credit Facilities are subject to Status.
Search Engine Submission Guarantee
Netsymmetrics, LLC guarantees to submit the customers URLs (Website
address) to all major Search Engines and hundreds of others too.
If, after 6 months, we do not register the customers URL with the
world's top twenty search engines a full refund will be made.
Terms
& Conditions
1.0 This contract is ongoing and for a minimum of 12 months and
renewed annually. Notice of termination must be given in writing
by either the company (Netsymmetrics, LLC) or the customer to be
received at least one month before renewal.
2.0 Where Search Engines require subscriptions in order to be registered
these are the responsibility of the customer unless otherwise stated
in writing.
3.0 Where registration fees are required the company will register
the customers URL with the directories used by the major search
engines.
4.0 The Customer grants Ability authority to submit the Web Site
pages being promoted to Search Engines and directories within the
Territory (Internet) and register it during the term of the contract.
Obligations of the Company
5.0 To provide a service involving: Registering the customers URLs
with search engines and directories only.
Obligations of the Customer
6.1 The customer must pay the Charges to the
Company in accordance with Clause 10.
6.2 The contract is subject to these terms and no
others.
Rights of the Company
6.3 The Company reserves the right to cancel the
contract with immediate effect it believes the
material or the Web Site to be obscene, unfair,
untrue or otherwise unworthy of inclusion in the
Territory. The discretion of the Company in this
respect will be absolute.
6.4 If the Company shall exercise its rights under
Clause 7.1 it shall refund such proportion of the
charges as relate to any of the services not
performed or performed only in part minus any
expenses incurred to that date.
Warranties and Indemnity
7.0 The customer warrants to the Company at all
times that the material included in the Web Site: (a)
is not in breach of the Intellectual Property rights of
any third party including without limitation copyright,
trademarks, database rights, rights in passing off,
design rights and any other intellectual property
rights including company names, trade names and
URLs which may be created by statute, common law
or otherwise from time to time. (b) is not obscene
within the definition of the Obscene Publications Act
1959 or any other relevant provision, statute,
common law or similar in force from time to time. (c)
is not in breach of any code or provision of statute
or common law or otherwise in force from time to
time in relation to Advertising of Goods or Services
to include without limitation regulation by the
Advertising Standards Authority and the Committee
of Advertising Practice. (d) contains no element of
corporative advertising which is in breach of the
Control of Misleading Advertisements (Amendment)
Regulations 2000 or any other relevant provision,
statute, common law or similar in force from time to
time. (e) is not in breach of the Defamation Act
1996 or any other relevant provision, statute,
common law or similar in force from time to time. (f)
does not contain any misleading price comparison in
breach of Consumer Protection Act 1987 or any other
relevant provision, statute, common law or similar in
force from time to time.
Termination for breach, insolvency or frustration
8.0 Either party may by written notice to the other
terminate this agreement immediately if one of the
following events occurs:-
(a) either party goes into liquidation or makes any
arrangement or composition with its creditors or is
otherwise unable to pay its debts within the meaning
of Section 123 Insolvency Act 1986; (b) either party's ability to
carry out its obligations under this agreement is prevented or substantially
interfered with for any reason for a period in excess of three months
(whether or not within the control of such party) including without
limitation bt reason of any regular law decree or any act of state
or any other action of a government.
Payment of Monies
9.0 The company's credit terms are 14 days from
date of invoice and the customer agrees to pay
interest of 4% per month in respect of fees still
outstanding 14 days from date of invoice unless
extended credit terms have been agreed in writing.
Review of Contract
10.0 At the end of the Term the Company is not obliged to renew
this contract. the Company may increase the Initial Charge to such
rates as then applicable in accordance with the Company's charging
policies. Any increase will be notified at least one month from
the renewal date.
Loss of Service
11.0 The Company accepts no liability for loss of service, unavailability
of files, damage of data, misuse of equipment by other customers,
failure of any externally managed equipment or communications devices
or other services deemed to be beyond the Company's control.
Credit facilities
12.0 Credit Facilities are subject to Status.
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