The Search Engine Shop, Robotmedia Pty Ltd and associated corporate entities will be referred to as “the supplier”, “Robotmedia”, “The Search Engine Shop”, “Redefine”, “Oolybooly”, “we”, “us”, “our”. The client will be referred to as “you”, “the client”, “your”.
By committing to purchase services or products from us you acknowledge that you have read, understood and agree to abide by the following terms and conditions listed in this document. Your agreement to these terms will be indicated to us by sending to us an application, duly completed confirmation (if requested) or use of any of The Search Engine Shop’s services, whichever occurs first. Any services resold or on-sold to third parties will also be governed by these terms.
The Search Engine Shop accepts these payment methods:
- Bank Transfer or Direct Deposit – our bank details are included on the bottom of your invoice
- Credit Card – credit card payment is available however in some cases may be subject to an additional surcharge. Your bank may also apply additional transaction, currency exchange or interest fees on credit card transactions.
All pricing is in Australian dollars (AUD$) unless otherwise specified.
Unless otherwise stated or agreed, payment is required upfront before work begins. Monthly services are charged in advance.
The provision by us of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to you or at our discretion, reverse work or services provided.
If you fail to make payment within the terms of this agreement, you will become liable for the cost of collection. This will include interest on any overdue amount, calculated at the daily rate of 18.5% per annum, from the due date of the payment.
If you exceed our terms, you will be charged a $16.50 administration fee (excluding GST) per overdue invoice per fortnight. Late payment fees will be sent to your to your nominated e-mail address.
We do not offer refunds or returns unless we cannot supply goods or services or if they are not delivered as promised. Australian law is the governing body.
We reserve the right to refuse service jobs in which case we will promptly refund your payment within one working day.
Recurring transactions can be cancelled at any time by submitting a request via email, through our helpdesk or directly via Paypal (if a paypal transaction).
Credit cards are processed via either Paypal or a Bank merchant facility and stored in a SSL secure environment.
Where shipping is required for a product or service the shipping cost will be displayed on the product page along with courier details and shipping ETA.
Search Engine Optimisation Services (SEO)
SEO is governed by many factors which are outside the direct control of us 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.
- Whilst we will try to improve the position of your Web Site in the Search Engine results in response to a search request, we do not warrant that this effort will be successful.
- We cannot be held responsible for any changes to the position of your Web Site in the Search Engines results pursuant to the provision of search engine optimisation services by us.
- You acknowledge that search engines may, at any time, change their ranking algorithm, exclude sites from their listings, or change their policies without notice and that such change may adversely affect your search engine ranking.
- The Search Engine Shop will not be held liable for any fluctuations, alterations or removal of your listing in the search engines.
Paid Search Engine Marketing Services
- You are solely responsible for any third party costs relating to paid online advertising services or PPC advertising products or otherwise.
Intellectual property rights and other consents
You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations, including without limitation, clearances and/or consents in respect of your proposed domain name and merchant services agreements between you and the relevant financial institutions.
You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.
Exclusion and limitation of liability
- TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
- Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
- In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
Important note:In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 (Cth) or any other national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you where to do so is unlawful.
To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to:
a. in relation to goods
i. the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or
ii. the repair of the goods or payment of the cost of having the goods repaired; b. in relation to services i. the supplying of the services again; or
ii. The payment of the cost of having the services supplied again as in each case we may elect.
Except where expressly provided otherwise, any notice to be given by either party to the other may be sent by either email, post or courier to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by post or courier shall be deemed to be served two days following the date of posting.
If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted.
The benefit of this agreement may be assigned by us, but not our obligations to you – to do that, you agree that we may give notice to you in writing, and your failure to respond will be deemed acceptance. You may transfer this agreement provided that you give us notice in the form we require (setting out the details of the assignee) accompanied by payment of any transfer fee specified by us. No other method of transfer by you is permitted.
Change to terms on renewal
We may change the terms and conditions of this Agreement at any time. Details of our current terms are available at http://www.thesearchengineshop.com/terms
These terms and conditions constitute the entire agreement between The Search Engine Shop and you, and supersede all prior agreements, understandings and representations whether oral or written. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. Except as provided above, no variation may be made to the contract unless it is in writing and signed by authorised representatives of you and The Search Engine Shop
Entire agreement, governing law
This agreement shall be governed by the laws in force in the state of Western Australia, Australia. Both parties hereby submit to the exclusive jurisdiction of the Courts of that State.
Notifications & communications
In addition to general Account, Billing and Service communications, The Search Engine Shop will, from time to time, issue email notifications relating to our services, including, but not limited to Newsletters, Announcements, Promotional and Seasonal offers, and Surveys.
By entering into agreement with these terms and conditions, you agree to receive email communications by inferred consent until such time as you decide to opt-out of such communications. You may opt out of our mailing list at any time by following ‘unsubscribe’ instructions contained within the communications.
You will not be able to opt-out of Critical Service Notifications, Renewal, Billing and Account Notifications, Scheduled Downtime Notifications or any other communications deemed to be an essential part of our service to you.