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SeoMate.com - Terms and Conditions
Service Expectations
Although SeoMate.com (a division of Betteroff Networks Pty Ltd)
services are designed to improve the position of your Web Site in
the Search Engine(s) results pages in response to a search request,
we do not guaranteed this in any way as we do not have exclusive
control over what the search engines display nor do whe have any
control over what your competition is doing in their search engine
optimisation and promotional efforts.
We cannot be held responsible for any changes to the position of
your Web Site in the Search Engines results in response to such
search requests.
Indemnity
You agree to indemnify and hold us harmless of any claim put against
us by a third party resulting from the provision of services by us
to you and your use of such services. In respect to all losses,
costs, actions, proceedings, claims, damages, expenses (including
reasonable legal costs and expenses), or liabilities incurred by us
in consequence of your breach or non-observance of these terms.
Termination
1. We may terminate this agreement forthwith if you fail to pay any
sums due to us when they fall due.
2. We may terminate this agreement immediately if you breach any of
these terms and conditions.
3. If you wish to terminate your account with SeoMate, you must do
so in writing, otherwise your account status will be remain open and
you will be liable for additional charges for continued service
period. Specifically, SeoMate will not accept verbal instructions to
terminate an account.
5. On receipt of your termination request, SeoMate will cancel your
service at the next available opportunity.
6. There are no refunds or credits, once an invoice is generated,
unless an invoice for a service is generated after a cancellation
requested is submitted.
Payment
1. All charges payable by you to us for the Services shall be in
accordance with the relevant scale of charges and rates published
from time to time by us on our Web site and shall be due and payable
within thirty (14) days of receipt of our invoice therefore.
2. 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.
3. 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 12%
per annum, from the due date of the payment.
4. Upon provision of a credit card account, you give us
authorisation to automatically debit your credit card for all
charges on issuance of a valid invoice.
Account Fee
1. If you require manual invoices to be mailed to you for payment of
the good(s) or service(s) you have purchased you will be charged a
$3.30 administration fee per invoice issued.
Late Payment Fee
1. If you exceed our Fourteen (14) days credit terms, you will be
charged an $11.00 late payment fee. A revised invoice will be sent
to your nominated e-mail address.
Exclusion and Limitation of Liability
1. TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL
CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS
SPECIFICALLY SET FORTH IN 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.
2. 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.
3. 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.
Notices
Except where expressly provided otherwise, any notice to be given by
either party to the other may be sent by either email, fax, 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 fax shall
be deemed to be served on receipt of an error free transmission
report, or if sent by post or courier shall be deemed to be served
two days following the date of posting.
Severability
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.
Assignment
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. The current version of our terms and conditions are available
at http://www.SeoMate.com/terms-and-conditions.php
Entire Agreement
These terms and conditions constitute the entire agreement between
SeoMate.com 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
SeoMate.com.
Governing Law
This agreement shall be governed by the laws in force in the state
of Queensland. Both parties hereby submit to the exclusive
jurisdiction of the Courts of that State.
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Terms and Conditions 
