Search Engine Optimization (SEO) Terms and Condition
Last updated: 24 January 2019
Vendee hereinafter referred to as “You” or “Credit Card Holder” or “Client”. Vendor, FiveDot SDN BHD, a Malaysia Limited Liability Company (Sendirian Berhad or SDN BHD) hereinafter referred to as “Our”, “Us” or “We”. The Service hereinafter referred to as “Service”, “Search Engine Optimization”, or “SEO”.
In lieu of this electronic “Terms & Conditions”, you have a right to request a paper copy of these “Terms & Conditions” before signing up. If you want a paper copy, please talk to one of our sales representatives and we will send you a paper copy via email, mail or fax.
Terms and Conditions
1) STANDARD TERMS AND CONDITIONS: These are the standard terms and conditions for SEO and apply to all contracts and all work was undertaken by FiveDot SDN BHD for its clients. Any contradict terms against the standard terms and conditions are enforceable subject to the agreement between both parties which must be put down in writing and signed by both parties.
2) SEO SERVICE: FiveDot agrees to provide the client with SEO Services as described in the Proposal. FiveDot is authorized to use the specific keywords and/or phases set forth in the Proposal for development, improving the ranking of, and/or positioning the contents of the client’s URL(s) (as set forth in the Proposal) in search engines and/or directories. SEO Services are intended to provide the client with preferential positioning in selected search engines and report results on an ongoing and timely basis.
3) OUR FEES AND DEPOSITS: As a general rule, clients are required to pay in full in order for us to start working on the client’s project. However, due to some exceptional circumstances, we do allow progressive payment subject to the approval of our management with a minimum of 50% of the total purchase price as a deposit. A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the service. We reserve the right not to commence any work until the deposit has been paid in full. All prices listed are in Malaysian Ringgit (MYR or RM). The remaining 50% shall become due after 3 months or other period agreed upon by both parties.
4) REFUND POLICY: We work sincerely & dedicatedly to satisfy you. The client must acknowledge all fees for SEO is non-refundable.
5) SUPPLY OF MATERIALS: You must supply all materials and information required by us to complete the work in accordance with the agreed specification. Such materials may include but are not limited to, photographs, company information, other marketing material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we reserve the sole right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials, and that prevents the progress of the work, we have the right to stop work and invoice you for any balance on the contract.
6) AMENDMENT OF WEBSITE: FiveDot may need to edit your site in order to carry out site optimisation work. This includes but not limited to the amendment of content, design, and website structure. We are pleased to offer you the opportunity to make a revision on the amendment we made. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for an additional amendment requested by the client. FiveDot is not responsible for changes made to the client’s website(s) by other parties that adversely affect the search engine or directory rankings of the client’s website(s). If the client chooses to use a third party for additional web design or additional services that may or can affect the performance of the sites, FiveDot cannot be held liable for such changes, and any re-work that may be needed will be provided in a quote, presented to the Customer for approval before any work is to commence.
7) ADDITIONAL SERVICES. Additional services not listed herein or in the proposal will be provided for up to MYR150.00 per hour. FiveDot is not responsible for the client’s (and/or third party) overwriting SEO Services work to the client’s website(s). The client will be charged an additional fee for re-constructing meta-tags, keywords, content, etc based on the hourly rate of up to MYR150.00 per hour
8) PERMISSION: For the purposes of receiving professional SEO services, Client agrees to provide the following:
- Administrative/backend access to the website for analysis of content and structure.
- Permission to make changes for the purpose of optimization, and to communicate directly with any third parties.
- Unlimited access to existing website traffic statistics for analysis and tracking purposes.
- Access to a client email address (@domain or Gmail) for the purposes of requesting links.
- Authorization to use client pictures, logos, trademarks, web site images, pamphlets, content, etc., for any use as deemed necessary by (Company name) for search engine optimization purposes.
- If the client’s site is lacking in textual content, Client will provide additional text content in electronic format for the purpose of creating additional or richer web pages.
9) CONFIDENTIALITY: The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information. Proprietary or Confidential Information shall not include any information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly received by the receiving party from a third party; (iii) is independently developed by the receiving party; or (iv) is subject to disclosure under court order or other lawful process. The parties agree not to make each other’s Proprietary or Confidential Information available in any form to any third party or to use each other’s Proprietary or Confidential Information for any purpose other than as specified in this Agreement. Each party’s proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party may be entitled to equitable relief. Notwithstanding termination or expiration of this Agreement, FiveDot and the client acknowledge and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for a total period of three (3) years from the effective date.
10) LIMITED LIABILITY: In no event shall the vendor be liable to the vendee for any indirect, special, exemplary or consequential damages, including any implied warranty of merchantability or fitness for a particular purpose or implied warranties arising from course of dealing or course of performance, loss of profits, whether or not foreseeable or alleged to be based on breach of warranty, contract, negligence or strict liability, arising under this agreement, loss of data, or any performance under this agreement, even if such party has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy provided herein. There shall be no refunds. FiveDot makes no warranty of any kind, whether express or implied, with regard to any third-party products, third party content or any software, equipment, or hardware obtained from third parties.
11) SEARCH ENGINE ALGORITHM & RANKING: Search engines change their algorithms regularly, which can result in fluctuations in your search ranking positions. FiveDot will not be held responsible for these fluctuations or if an algorithm change results in dramatic changes to your website rankings. FiveDot has no control over the algorithm & policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The client’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory. Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, FiveDot does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term.
12) ADDITIONAL EXPENSES: Some search directories or websites offer expedited listing services or advertisement placement 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. You agree to reimburse us for any requested expenses which do not form part of our contractual agreement including but not limited to additional pages, purchase of third-party software, stock photographs, fonts, domain name registration, web hosting, advertising services or any other comparable expenses. These extra add-ons have to be paid immediately upon your request.
13) BACKLINKS: Linking to “bad neighbourhoods” or getting links from “link farms” can seriously damage all SEO efforts. FiveDot does not assume liability for the client’s choice to link to or obtain a link from any particular website without prior consultation.
14) DISCLAIMER: Notwithstanding anything to the contrary contained in this contract, neither FiveDot nor any of its employees or agents, warrant that the functions contained in the SEO Service will be uninterrupted or error-free. In no event will FiveDot or its owners or employees will be liable to you or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the hosting service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate the website, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor’s computer or Internet software, even if FiveDot SDN BHD has been advised of the possibility of such damages.
15) ASSIGNMENT: We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
16) BACKUPS: You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us
17) RIGHT OF REFUSAL: FiveDot reserves the right to refuse or terminate service to anyone for any reason not prohibited by law. Also, we have the right to be free from acts or threats of disruptive behaviour, abusive and/or offensive language, including intimidation, harassment and/or coercion, which involve or affect our operation. Abusive communications in any form (email, phone, in person, etc.) are strictly not tolerated. No refund would be provided in case of abusive communications.
18) GOVERNING LAW: Regardless of the place of signing of this agreement, you agree that for purposes of venue, this agreement was entered into the Law of Malaysia. Any dispute will be litigated or arbitrated to the Law of Malaysia.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and agreed by both parties.
If you have any questions or concerns about our use of your personal information, please contact us using the following details: [email protected].