SEO is governed by many factors which are outside the direct control of Adelaide Websites and indeed, any other SEO company. Search Engines are third party systems with unknown variables, algorithms and indexing decisions that can change at any time, with which we have no control over. As such, no SEO specialist can offer a 100% guarantee of getting your website ranked #1 on any major Search Engine for your desired keywords.
SEO: Search Engine Optimisation
FTP: File Transfer Protocol
CMS: Content Management System (ie Joomla!, Drupal, Wordpress etc)
URL: Uniform Resource Locator (web address)
SERP: Search Engine Result Page
1.1 SEO is governed by many factors which are outside the direct control of Adelaide Websites and indeed, any other SEO company. Search Engines are third party systems with unknown variables, algorithms and indexing decisions that can change at any time, with which we have no control over. As such, no SEO specialist can fulfil a 100% guarantee of getting your website ranked #1 organically on any major Search Engine for your desired keywords.
1.2 Adelaide Websites only use honest, ethical and completely legitimate techniques and accepted standards to improve your Search Engine Ranking – no tricks, no invisible text, no dodgy black hat methods. Some other SEO companies around the world use illegal software to spam Search Engines in order to improve the website rank quicker, but this usually results in a permanent ban of the website. By working with search engines and not against them, Adelaide Websites ensures that clients have the best chance of achieving high organic search engine result page (SERP) rankings.
1.3 Adelaide Websites will provide the services with reasonable skill and care. Notwithstanding the previous sentence, the client acknowledges that Adelaide Websites has no direct control over Search Engines and cannot guarantee the speed of performance of technologies provided by Search Engines in relation to the delivery of the services.
1.4 The quantity and the description of the services shall be as set out in the Project Brief.
1.5 Adelaide Websites operates within the major Search Engines in Australia and worldwide. Listings will appear on either .com.au or .com engines dependant on the website’s status, and the decisions of the Search Engines.
2.1 The website should be hosted on a reliable server, based in the country of Search Engine interest, with constant availability, for optimum results. Adelaide Websites cannot be held responsible for problems or additional costs arising due to any errors made by third parties, or failure to maintain a current copy of your own website. (Back ups can be made at the client’s request.)
2.2 Website downtime can severely affect SEO. Down time can potentially cost the client their ranking positions for their desired search terms, and even a short period of down time can affect Adelaide Websites’ SEO efforts. If the client’s website experiences downtime due to server error, maintenance or any reason outside of the control of Adelaide Websites for a period of more than 3 days, Adelaide Websites will not be able to fulfil the service requirements as set out in the Project Brief.
2.3 In the event that the client's website becomes unavailable for any reason (eg if the server is down or unavailable, timed out, or shows to be active but with internal server errors, 404 errors and other types of common or uncommon errors associated with the internet and its underlying infrastructure), the client will not hold Adelaide Websites responsible for these errors. All/any traffic delivered to the client's website during this down time will not be credited or refunded. In the event that any of the above errors occur including any errors not listed but clearly intended, the client may submit in writing a request for the ad campaign to be placed on hold. Upon resolution of the problem the held campaign will continue.
2.4 The client acknowledges that there may be occasions when the client’s website or the websites of any third parties may be out of action for limited periods due to technical difficulties or routine maintenance of a third party server, and Adelaide Websites shall not be liable to the client for any downtime of this sort.
3.1 The client agrees to supply Adelaide Websites with the necessary FTP and CMS backend access to the website in order to optimise the website unless otherwise negotiated.
4.1 Search Engines change their inclusion policy ranking algorithms and methods all the time, and unless the site is maintained with necessary analysis, tuning and necessary alterations, a highly ranked site is unlikely to hold that position for very long.
4.2 Ongoing Search Engine optimisation is important. Adelaide Websites advises that regular, fresh content added to the website will help to improve the stability of rankings within search engines. By accepting this agreement, the client understands fully that regular, unique content plays an important part of the success of their website and that failure to add unique content will lessen the impact of the SEO services provided by Adelaide Websites.
5. Search Engine Submission
5.1 The client gives permission for Adelaide Websites to set, create and or set up relevant accounts with search engines on behalf of client, in order to fulfil its obligations under these terms.
5.2 Search Engines will rank websites with their own differing strategies, so it's technically impossible to rank highly on all the major Search Engines at the same time.
5.3 Some Search Engines use the algorithms and services of bigger Search Engines. The client acknowledges that any addition or alteration to the listing of the website in any Search Engine may affect the listing in other non-targeted Search Engines.
5.4 Search Engines have differing scheduled times to crawl and index submitted sites into their database, ranging from hours to months. No SEO firm can speed up the process in any ethical way.
6.1 If during the SEO contract period between Adelaide Websites and the client, the client uses a third party (other than Adelaide Websites) for Search Engine optimisation and / or associated workings, Adelaide Websites cannot be held responsible for any consequential loss of listings or associated damages that may arise.
6.2 The client must inform Adelaide Websites of any alterations relating to the website by the client or a third party that may affect the services supplied by Adelaide Websites, including but not limited to deletion, alteration or additions of URL addresses, URL redirects, Landing Pages and their content, confirmation pages and their content, and the removal, overwriting or deletion of any of our optimisation changes. If alterations are made by the client or a third party to the client's site, Search Engine placements may be affected and Adelaide Websites cannot be held responsible. Adelaide Websites reserves the right to issue a charge to rectify any problems to regain listings.
6.3 If, after signing with Adelaide Websites, the client or a third party makes modifications to the website that use unethical SEO techniques to try and achieve high listings on the Search Engines (such as cloaking, hidden text, keyword stuffing, etc) or add pharmaceutical, gambling or pornographic links to the website that have no relevance to the website, Adelaide Websites will issue a 7 day cancellation request. If the questionable techniques are not removed within that time, Adelaide Websites will cancel the existing contract with immediate effect and all fees payable to Adelaide Websites will be retained. Adelaide Websites will not be held liable for the effects caused by the client or a third party using unethical techniques.
7.1 Adelaide Websites is under no obligation whatsoever to accept the cancellation of the services or cancellation of orders incorrectly placed.
8.1 Adelaide Websites reserves the right to refuse to handle:
- Any media which is unlawful or inappropriate;
- Any media which contains a virus or hostile program;
- Any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming
- Any media which constitutes a criminal offence, infringes privacy or copyright
- Any other questionable media at Adelaide Websites’ own discretion
9. Warranties and Liability
9.1 Adelaide Websites warrants that the services will at the time of delivery correspond to the description given by Adelaide Websites, either verbally or by means of the Project Brief.
9.2 The Client agrees Adelaide Websites is not liable for any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
9.3 The Client agrees Adelaide Websites is not liable for absence of service as a result of illness or holiday.
9.4 Adelaide Websites is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
9.5 Adelaide Websites shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate the website, even if Adelaide Websites has been advised of the possibility of such damages.
9.6 There are sometimes laws and taxes which affect Internet ecommerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend Adelaide Websites from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet ecommerce.
9.7 Adelaide Websites may from time to time recommend to the Client that updates are needed for their website to comply with, including but not limited to, new legislations, software releases and web standards. Adelaide Websites reserves the right to quote for any updates as separate work. The Client agrees that Adelaide Websites is not liable for any failure to inform or implement these updates to their site. The Client agrees that it shall defend, indemnify, save and hold Adelaide Websites harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
10. Adelaide Websites T&C
10.1 The Customer acknowledges that no promise, representation, warranty or undertaking has been made or given by Adelaide Websites or any person or company on Adelaide Websites’ behalf in relation to the profitability or any other consequences or benefits to be obtained from the delivery or use of the Software or as to its merchantability or fitness for any purpose or purposes whatsoever and the Customer has relied upon the Customer's own skill and judgement in deciding to acquire the Software for use by the Customer and the Customer hereby agrees to indemnify and keep indemnified Adelaide Websites against all actions, costs, expenses, charges, claims or demands whatsoever whether at law or inequity which may arise out of the use by the Customer of the Software excepting always the rights conferred on the Customer pursuant to the terms of this Agreement.
10.2 Adelaide Websites will not be responsible for a failure to supply, perform or deliver, Software and Services in the event of any fact, circumstance, matter or thing beyond the reasonable control of Adelaide Websites and shall be relieved of that obligation to the extent, and for the period, that it is unable to supply or perform the Services or deliver the Software.
10.3 To the fullest extent permissible by the law applicable to this Agreement, Adelaide Websites will not be liable for any personal injury, incidental damages, consequential losses, loss of profit or any like claims whatsoever arising from any use of, or incidental to, the Software. Without limiting this clause or any other clause in this Agreement, Adelaide Websites will not be liable for any personal injury, incidental damages, consequential losses, loss of profit or any like claims whatsoever arising from or incidental to the use of the Software by the Customer.
10.4 Adelaide Websites retains rights to all source code that it develops. The customer will receive one licence to use the product as they require.