Online Reputation Management Agreement
ONLINE REPUTATION MANAGEMENT AGREEMENT
This Search Engine Optimization Agreement (“Agreement”) sets forth the terms and conditions between You as a Subscriber (“Subscriber”) and Phoenix SEO Lab, LLC d/b/a Phoenix SEO Lab (“Phoenix SEO Lab”) of 10456 N 74th Street PMB 820, Scottsdale, AZ 85258 in connection with Your subscription for Online Reputation Management services (“Reputation Management”).
1. GENERAL TERMS
2. PAYMENT FOR SERVICES
Unless otherwise stated in Your Subscription Agreement, Your Subscription has duration of one year (12 months). Your Subscription Agreement with Phoenix SEO Lab will commence on the day that You a) agree to the Subscription Agreement; or b) receive a copy of the Subscription Agreement; or c) pay the initial payment due for the Subscription, whichever is earliest. The Subscription ends upon expiration of its duration.
4. SUBSCRIBER CONTENT
5. SUBSCRIBER OBLIGATIONS
As a Subscriber, it is essential that You communicate with Phoenix SEO Lab and promptly provide all data, documents, content, art or other information needed by Phoenix SEO Lab without which Phoenix SEO Lab cannot provide Services under Your Subscription Agreement. Your failure to fulfill Your Subscriber’s Obligations is wholly out of Phoenix SEO Lab’s control and may prevent the completion of Services in a timely fashion or within the Subscription’s duration. If Services are not completed within the Subscription’s duration due to Your delay or failure to fulfill Your Subscriber Obligations, Phoenix SEO Lab may offer You an opportunity to extend or renew Your subscription at the fee then in effect at the time of Your renewal or extension or otherwise work with you, for an additional fee. However, under no circumstances will Phoenix SEO Lab i) provide any unused Services within after the Subscription has expired and not been extended or renewed, or other fee arrangements made in advance; or (ii) refund any money for any of the expired services.
You and Phoenix SEO Lab agree that each shall maintain and not disclose any and all confidential or proprietary information that is received from the other as a result of or in connection with Your Subscription and/or Services provided in connection therewith. Neither You nor Phoenix SEO Lab will, without the other’s prior written consent, disclose to any third party any information concerning the other’s proprietary or confidential information and material, including but not limited to the business or method of working of the other party, which may be revealed as a result of or in connection with Your Subscription and/or Services, except as required by law, to the extent that such information may become public knowledge, may be acquired or generated by either party independently from something other than by a breach of this clause or to obtain legal or tax advice.
This clause shall survive termination of the Subscription Agreement.
7. 90 DAY MONEY BACK GUARANTEE
If the specific Agreement or Order entered into between You and Phoenix SEO Lab calls for a 90 Day Money Back Guarantee, then the terms of the Guarantee shall be governed by the terms and conditions contained herein and in the Order. Unless the specific Agreement and/or Contract entered into between You and Phoenix SEO Lab includes a provision calling for a 90 Day Money Back Guarantee, then all sales shall be final and are subject to the terms above under the Refund Policy Statement.
*Campaign Start Date shall be defined as the date in which the client provides first month’s subscription payment.
Upon Your demand, and subject to the terms contained in Your Order, Phoenix SEO Lab can provide You advance notice of all materials which Phoenix SEO Lab intends to publish on the internet in furtherance of Your campaign. Upon Phoenix SEO Lab providing to You any materials that Phoenix SEO Lab intends to publish on the internet in furtherance of Your campaign, You shall reply to Phoenix SEO Lab within two (2) business days via express, written notice if the proposed materials require amendments, additions, or deletions prior to publication. If Phoenix SEO Lab is unable to publish the proposed materials due to Your failure to approve or reject the proposed materials, then Phoenix SEO Lab’s services will become interrupted, leading to unforeseen delays. In the event that You fail to approve or reject proposed materials within two (2) business days on any single (1) distinct occasion, then it shall be a breach of Your obligations and shall act to VOID any applicable 90 Day Money Back Guarantee.
To exercise the money-back guarantee, you must notify Phoenix SEO Lab in writing within 5 business days after the 90 day mark of your campaign. The 90 day mark of a campaign is defined as 90 days from the time Your payment was initially processed.
Please send all requests for a refund to [email protected]
9. DISCLAIMERS AND LIMITATIONS OF WARRANTIES
Phoenix SEO Lab uses reasonable efforts to provide the Services that You have Subscribed to receive. However, SEO results depend on innumerable factors and market variables that are outside of Phoenix SEO Lab’s control. As a result, although SEO is intended to assist you to meet Your goals, final results may vary.
SEO, INCLUDING, BUT NOT LIMITED TO ALL RELATED SERVICES, MATERIALS AND WEBSITE CONTENT, ETC. ARE PROVIDED “AS IS.” PHOENIX SEO LAB EXCLUDES AND DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A GENERAL OR PARTICULAR PURPOSE. PHOENIX SEO LAB IS NOT LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF SEO, ITS CONTENT AND/OR THE DATA OR SERVICES PROVIDED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. SEO, ITS FUNCTIONS, OR THE MATERIALS AND CONDUCT AVAILABLE IN CONNECTION THEREWITH ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. THE SUBSCRIBER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO THE USER’S AND/OR SUBSCRIBER’S USE OF SEO AND ITS ASSOCIATED MATERIALS, INCLUDING THE PHOENIX SEO LAB WEBSITE OR RELATED SERVICES. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER PHOENIX SEO LAB NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS ARE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES) ARISING OUT OF SUBSCRIBER’S USE OF, OR INABILITY TO USE, OR THE PERFORMANCE OF SEO, ITS CONTENT AND/OR DATA OR SERVICES PROVIDED IN CONNECTION THEREWITH, WHETHER OR NOT PHOENIX SEO LAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. LIMITATION OF LIABILITY
12. COMPLETE AGREEMENT
Effective Date January 1, 2017