Terms and conditions
The terms and conditions of these providers all apply.
Parties TO THE Terms OF Use Agreement
Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as "clients," are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as the "Website."
VKL Design Studio provides search engine marketing, optimization, and associated services on a local, national, and international basis.
As such, we submit information on your behalf to search providers, with whom you must agree to their terms and conditions. These providers may include but are not limited to Google, Yahoo, MSN/Bing, ASK, AOL, Marchex, InfoUSA, Yellowpages.com, Superpages.com, Yellowbook.com, Yelp, Acxiom, Localeze, TrueLocal, local.com, CitySearch, MagicYellow, Dex, YP.com, iBegin, YellowBot, Insider Pages, Kudzu, Merchant Circle, OnStar, local online newspapers, Facebook, Twitter, LinkedIn, YouTube,
The terms and conditions of these providers all apply. VKL Design Studio will not share your information with any business other than in the course of securing online advertising and marketing services on your behalf.
DEFINITIONS
Agreement means the Project Estimate, Terms and Conditions, and any other attached documents. Project means the scope and purpose of the Client’s identified usage of the work product as described in the Project Estimate. Services means all services and the work product to be provided to the client by VKL Design Studio as described and otherwise further defined in the Project Estimate. Final Deliverables are the final versions of Deliverables provided by VKL Design Studio and accepted by the client.
Deliverables are the services and work products specified in the Project Estimate to be delivered by VKL Design Studio to the client. Client Content means all materials, writing, images, or other creative content provided by the client and used in preparing or creating the Deliverables.
Third-party materials mean proprietary third-party materials that are incorporated into the Final Deliverables, including, without limitation, stock photography or illustration.
VKL Design Studio Tools means all design tools developed and/or used by VKL Design Studio in performing the Services, including pre-existing and newly developed software, including source code, Web authoring tools, type fonts, and application tools, together with any other software, or other inventions, whether or not patentable, and general non-copy
VKL DESIGN STUDIO SERVICES (VKL DS) shall perform the services listed in the Scope of Work according to the Project Estimate.
CHANGES TO PROJECT SCOPE
Change Request:
If the client wants to change the Scope of Work after acceptance of this Agreement, the client shall send VKL Design Studio a written Change Order describing the requested changes in detail. Within 5 days of receiving a Change Order, VKL DS will respond with a statement proposing VKL DS availability, additional fees, changes to delivery dates, and any modifications to the Terms and Conditions. VKL DS will evaluate each Change Order at its standard rate and charge.
Major Change:
If Client requests are deemed a Major Change required to produce deliverables or the value of the Scope of Services, VKL DS shall be entitled to submit a new and separate Estimate to the client for written approval. VKL DS shall not begin work on the revised services until he receives a fully signed revised Estimate and any additional fees.
Minor Change:
If Client requests are not Major Changes, clients will be billed on a time and materials basis at VKL DS's current hourly rate. Such charges shall be in addition to all other amounts payable under this Agreement, despite any maximum budget, contract price, or final price identified. VKL DS may extend or modify any delivery schedule or deadlines in the Agreement as may be required by such changes.
Acceptance/Rejection:
The client will have 20 calendar days to respond in writing, accepting or rejecting the new Estimate. If the client rejects the Estimate, VKL DS will not be obligated to perform any services beyond those in the original Agreement
.
DELAYS
VKL DS shall use all reasonable efforts to meet the Work Plan and milestone delivery schedule.
VKL DS may extend the due date for any Deliverable by giving written notice to the client.
Client Delays:
The client shall use all reasonable efforts to provide the needed information, materials, and approvals. Any delay by the client will result in a day-for-day extension of the due date for all deliverables. Delays beyond 3 months may result in additional fees that may be caused by but are not limited to, browser updates or software updates that could not be handled due to the delay.
General Delays:
Any delay caused by conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension of any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay.
EVALUATION AND ACCEPTANCE
Testing:
VKL DS will test and correct Deliverables using commercially reasonable efforts before providing Deliverables to the client.
Approval Periods:
The client shall, within 10 business days after receiving each Deliverable, notify VKL DS in writing of any failure to comply with the specification of the Project Estimate or any other objections, corrections, or changes required. VKL DS shall correct and submit a revised Deliverable to the client.
The client shall, within 10 business days of receiving a revised Deliverable, either approve the corrected version or make further changes.
This is limited to errors and not to additions or changes to the original Project Scope. If the client fails to provide approval or comments during any approval period, those Deliverables will be considered approved and accepted.
All objections, corrections, and changes shall be subject to the terms and conditions of this Agreement.
CLIENT RESPONSIBILITIES
The client acknowledges that it is responsible for performing the following in a reasonable and timely manner:
(a) Provide Client Content in a form suitable for use in the Deliverables without further preparation by VKL DS, unless otherwise specified in the Project Estimate;
(b) Proofread all Deliverables. The client will be charged for correcting errors after the acceptance of any deliverable.
(c) Make decisions regarding other parties.
ACCREDITATION AND PROMOTION
Accreditation:
VKL DS shall be entitled to place accreditation, as a hyperlink or otherwise, in the form, size, and location as incorporated by VKL DS in the Deliverables on each page of the Final Deliverables.
Promotion:
VKL DS retains the right to reproduce, publish, and display the Deliverables in VKL Design Studios’s portfolios and websites, in galleries, design periodicals, and other media or exhibits for recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses.
Promotional Approval:
Either party, subject to the other’s reasonable approval, may describe its role in the Project on its website and in other promotional and marketing materials, and, if not expressly objected to, include a link to the other party’s website.
Automatic Renewals (Recurring Billing)
Your program subscription is valid for the full duration of the subscription plan you have selected, (usually, this is ongoing until you cancel your service). You will be automatically rebilled under the terms of your subscription service. If you wish to cancel your recurring billing, please provide us with 30 days advance notice to cancel. Your account will remain active until the final term has expired.
Subscription Term
The VKL DS Subscription Term specifies the initial term for which program rates will be guaranteed and billed and will be for no less than six (6) months for custom programs. All agreements are auto-renewed at the then-published service rates. After the initial agreement period, either party may cancel the program with a 30-day written notice to the other party. Subscriptions canceled within 30 days of the auto-renewal date will be terminated following the next renewal date.
Refund Policy
All SALES ARE FINAL. There are many unforeseen circumstances where refunds or credits will be issued Situations where a member accidentally creates two accounts and is being double billed, or human errors (yes, we are humans), where a recurring billing cancellation was requested but not properly processed, etc. are properly adjusted. All such refund requests are at the discretion of our management.
Prior Conditions
The client has not created any duplicate sites, duplicate content or pages, redirects, or doorway pages.
The client has not requested or exchanged links with link farms or undertaken any spamming techniques that may harm the website’s ranking with Google.
It is not possible to give a 100% guarantee for any specific result on any search engine, nor can we quantify the level of increased traffic or sales, as a result of the SEO campaign.
VKL DS SEO follows a strictly ethical SEO policy and may void any guarantee should it be discovered that the Client has participated in actions considered undesirable (spamming) by the search engines, such as:
Makes use of hidden links:
-
Links to link farms, FFA link pages, etc.
-
Uses page redirect or cloaking techniques.
-
Uses automated website submission software or websites
-
Uses automated reciprocal link programs
3rd Party Fees:
Any fees that the search engines or social media charge to include a listing are to be paid separately by the client. This includes, but is not limited to, pay-per-inclusion charges in directories like Google and Yahoo!
Access to the client's website:
The Client grants authority to submit the Web Site pages being promoted to Search Engines and directories.
We must have the ability to optimize the structure and content of your web pages. Such changes generally have a minimal visual impact. We will work directly with you to maintain the original look and feel of your website.
You must provide VKL DS with log-on information (username and password) to allow us to gain FTP access to your website. We will maintain the confidentiality of log-in information. We recommend that you change all passwords after we have completed our work.
VKL DS may provide you with relevant details on writing content for your pages. The content must be prepared by you according to our guidelines for optimization.
You must inform us of any changes made to your website while VKL DS is optimizing it. Changes made while we are optimizing your site may result in negative
The client must allow the implementation of all optimization strategies on their website. Alternatively, we offer SEO consulting services, where we will offer you specific advice on SEO changes to be made on your website, and you make the changes.
Representations and Warranties, License, and Grant of Rights:
You represent and warrant that you have and will continue to have the absolute and unrestricted right to publish and use all information you have provided for your advertising programs, that the content does not infringe on the rights of any third party, and that it complies with all local, state, and federal laws and regulations.
Indemnification:
Each party warrants that its respective performance of the terms of this agreement will not in any way constitute knowing, intentional infringement, or violation of any copyright, trade secret, trademark, patent, invention, or any other nondisclosure rights of any third party.
You indemnify and hold harmless VKL DS against all costs (including attorney fees), damages, and liabilities arising from negligent or intended acts on your part constituting the violation of any copyright, trade secret, trademark, service mark, patent, invention, proprietary information, or nondisclosure rights of any third party.
To the full extent of the law, you will pay any expenses or damages to VKL DS resulting from claims made by third parties about the usage of material you have provided, even after the termination of our Agreement.
No Guarantees:
You acknowledge and agree that VKL DS makes no specific guarantee or warranty regarding the search providers and publishers to which it submits advertising on your behalf, including the placement of paid search advertising or any specific results. VKL DS does not warrant the number of calls, clicks, impressions, or website visits or that paid search advertising will appear in response to any particular query.
VKL DS does not warrant that the performance will be error-free but will immediately act to correct errors once they have been identified.
Disclaimer of Warranties:
To the maximum extent permitted by applicable law, VKL DS and its suppliers disclaim all warranties not expressly outlined in this document, whether express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, about VKL DS services.
Limitation of Liability and Applicable Law:
The maximum aggregate liability VKL DS may have to you will be limited to the total amount of fees collected from you. VKL DS will have no liability in connection with the functionality or content of any search provider, internet publisher, or website not owned by VKL DS.
This agreement shall be governed and construed by the laws of the State of Illinois.
Any claims against this agreement must be made within 6 months from the date of the subject of the claim and must be made in writing to our email.
Assignment:
VKL DS may assign, delegate, or subcontract any rights or obligations under these Terms and Conditions of Service.
Miscellaneous:
These Terms and Conditions of Service represent the parties’ entire agreement about VKL DS’ provision of services. Agreement with these terms and conditions is upon signature of VKL DS’s Statement of Work, and it will be binding upon you and your successors.
Authority:
The person signing the Statement of Work certifies that he or she is lawfully authorized to purchase
Effective upon Execution:
Terms and Conditions are binding on both parties on the date the Statement of Work is signed and/or payment is made.