Terms & Conditions
Indigo trading as "Indigo Searchî agrees to furnish search engine marketing services to the customer, subject to the following Terms of Service. Use of our services constitutes acceptance and agreement to our Terms of Service.
The Terms of Service may be modified from time to time at the discretion of Indigo. The customer understands that change to the policies by Indigo shall not be grounds for early termination or non-payment of search engine marketing services. This Terms of Service shall be construed in all respects in accordance with the laws of the United Kingdom of Great Britain, Scotland, Wales and Northern Ireland.
1. Tenure of Service
The customer agrees that the tenure for the search engine marketing services is for 1 (one) year.
2. Nature of Service.
The customer agrees that the search engine marketing service offered is a budget service offering guarantees on a minimum level of performance expected for each search engine marketing package.
2.1 Indigo will work hard to achieve top positions based on the package purchased. Although Easy Internet Services will endeavour to achieve these positions, no guarantees are offered or implied that these positions will be achieved or maintained with the exception of the Diamond package.
2.2. The Guaranteed Google Top 10 listings featured on the Platinum Plus package guarantees positions in the Google or Google UK search index. The number of positions and the keywords guaranteed will be agreed between Indigo and the customer in writing before any optimisation commences.
2.3. The customer agrees optimisation is based on the keywords agreed between Indigo and the customer. The customer therefore acknowledges the importance of choosing and prioritising the keywords that the customer wishes to target.
2.4. The customer agrees that positions will be in any combination of UK and international search engines and directories.
2.5. The Customer agrees that where applicable, any time sensitive guarantees commence once the order has been confirmed and payment cleared.
2.6. The customer agrees that where applicable, any guarantees are subject to Indigo having access to optimise the website or if access is not allowed; all recommended changes must be carried out to the satisfaction of Indigo. Should the customersí site be totally inaccessible, Indigo reserves the right to use advanced search engine positioning techniques to secure the necessary positions.
2.7. Once the customersí website has been optimised the customer agrees that they are responsible to ensure the optimisation work carried out by Indigo is not overwritten by either the customer or any third party
2.8. The customer agrees that in the event that the optimisation work is overwritten by either the customer or any third party to contact Indigo immediately. The customer agrees that Indigo may, at its discretion, apply an additional charge of £35 for restoration and remedial work required.
2.9. In the event of the customer not being happy with the amount of traffic being generated the customer may request in writing for re-optimisation of the web site.
2.10.The customer agrees that any decision regarding any re-optimisation made by Indigo will be final and agrees no further action will be taken to challenge the decision.
2.11. Should the customer ask to add keywords that were not originally agreed upon, Indigo will agree on the acceptance from the customer that no guarantees will apply to the additional keywords.
2.12. The customer agrees guaranteed top ten (10) positions in Google UK are offered under the same basis as the guaranteed top ten (10) positions in six (6) months as defined in sections 2.1, 2.2, 2.3, 2.4, 2.5 and 2.6 of the Terms of Service.
2.13. Indigo agrees any guaranteed positions will be maintained throughout the tenure of the service.
2.14. The customer agrees while Indigo endeavour to exceed any guarantees, positions achieved beyond the scope of any guarantees are not guaranteed to be maintained as part of the search engine marketing services.
2.15. The customer agrees that Indigo does not own nor control the search engines or directories. The customer accepts should a search engine refuse to include the customerís website for inclusion, regardless of any fees paid for submission, no action will be taken against Indigo.
2.16. With Yahoo Site Match (YSM) an additional optional top-up fee may be paid on a quarterly or 6 monthly basis depending upon the package signed up. The top up fee is an estimate of a potential charge and time scale depending upon the clients success.
NOTE: This is the only way of securing and sustaining a listing in Yahoo, Altavista, Fast and All The Web. If you choose not to top-up the account, the listings will automatically be deactivated by Yahoo once the PPC fund runs out and any positions may be lost.
2.17. The Guaranteed inbound links featured on the Gold, Platinum and Diamond packages will be obtained for the customer by Indigo. The methods used to obtain the links will be at the discretion of Indigo. These methods will not be detrimental to the customer, their site or business.
3. Service Rates
The customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the customer. The customer agrees that the Indigo may change the specified rates and charges from time to time. The specified rates and charges will remain to the customer for the duration of the current Tenure of Service and will not take effect until renewal of search engine marketing services.
4. Payment
The customer agrees establishment of search engine marketing services is dependent upon receipt by Indigo of payment of stated charges. Customers who choose an option which allows for payment to be made throughout the tenure of the service, either quarterly or monthly, agree to ensure that payments are received as requested throughout the Tenure of Service and understand that failure of payment will lead to all services with Indigo and Easy Internet Solutions Ltd being suspended. Credit card payment methods on either a quarterly or monthly basis are automatically deducted from the clients credit or debit card on the appropriate scheduled dates via 'World Pay' once the client has agreed either verbally or in writing to accept the order and terms and conditions. Acceptance by writing is agreeing to place the order and paying the initial setup fee.
5. Refund and Disputes
All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred.
5.1. Indigo agrees to allow the customer to end their search engine marketing services at any time. The customer agrees that should they choose to end their search engine marketing services, to forfeit all refunds. Any refund requested from the customer based on their own decision to leave will be entirely at the discretion of Indigo.
5.2. Customers who choose an option which includes a guaranteed Google listing within twenty-four (24) hours agree, that due to the nature of the listing, all monies paid for the listing are exempt from all refunds including refunds from any guarantees and agree to take no action to dispute this.
5.3. Indigo agrees the Diamond guaranteed top ten (10) positions in Google UK offer a 50% refund of the annual fee paid if this guarantee is not met. If Indigo agrees to a refund, 50% of the annual fee paid shall be refunded. Customers who choose an option which allows for payment to be made monthly throughout the tenure of the service agree that 50% of the monthly payments paid for search engine marketing services constitutes half (50%) of the annual fee paid for search engine marketing services and that a refund of 50% of these payments shall be acceptable redemption under the guarantee. The customer agrees to continue payments as per Section 6 of the Terms of Service.
5.4. If the customer feels entitled to a refund under a guarantee then the customer agrees to make a written request which will then be considered.
5.5. The customer agrees that the method of refund will be at the discretion of Indigo.
5.6. The customer agrees that any decision regarding any refund made by Indigo will be final and agrees no further action will be taken to challenge the decision.
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