Terms of Service

1. Our Services

Net Search offers a variety of services to help improve a website’s online visibility and functionality. By engaging us, you agree to the Terms of Service set forth below. If you have questions, or if we may be of any service, please do not hesitate to contact us.

Net Search provides search engine marketing, optimization, web design, web development and associated services on a local, national and international basis. As such, we submit information on your behalf to search providers for whom you must agree to their terms and conditions. These providers may include, but are not limited to: Google, Yahoo, GoDaddy, MSN/Bing, ASK, AOL, Marchex, InfoUSA, 411 Directory Assistance, Yellowpages.com, Superpages.com, Yellowbook.com, Yelp, Acxiom, Localeze, TrueLocal, local.com, CitySearch, MagicYellow, Dex, YP.com, iBegin, YellowBot, Insider Pages, MojoPages, Kudzu, Merchant Circle, OnStar, Craig’s List, Kijiji, local online newspapers, Facebook, YouTube and other sites. The terms and conditions of these providers all apply. Net Search will not share your information with any business other than in the course of securing online advertising and marketing services on your behalf.

2. Client Responsibilities

For the sole purpose of providing the Services, the Client:

(a) authorizes Net Search to use, alter or amend its and permits Net Search to sues its FTP and CMS login details for the Website;

(b)   grants Net Search a license to sue all logos, trademarks, Website images, and other intellectual property contained on its Website;

(c) will create additional content for inclusion on its Website at the request of Net Search if the Website content insufficient or inferior contain to enable Net Search to deliver the Services; and

(d)   will promptly provide all other assistance reasonably required by Net Search.

 

3. Client Acknowledgements

The Client acknowledges that the matters listed below may adversely affect the ability of Net Search to deliver the Services. The Client agrees that Net Search will not be deemed to have breached the terms of service, will not have any liability for loss or damaged incurred by the Client, and will be entitled to all Fees for the Services rendered notwithstanding the occurrence of all or some of the following matters.

(a) if the ranking of the Website adversely changes for any reason. In this respect, the Client acknowledges that Net Search does not guarantee the ranking of Websites.

(b)   if the growth of the use or the popularity of the keyword or phrases, or analogues keywords or phrases, adversely affects the racking of the Website;

(c) if the search Engine provider modifies its search engine to change the methodology or algorithm used for ranking webpages or obtaining search results which adversely affects the ranking of the Website:

(d)   if the Search Engine Provider modifies its search engine to remove, drop or suspend the Client’s Website from its webpage ranking system or search results system;

(e)   if a search engine provider does not process or does not promptly process any submissions made by Net Search;

(f) if a government agency or an internet services provider takes any action which adversely affects the ranking of the Website;

(g) if the Client makes changes to the Website, whether on its own initiative or through another person, which adversely affects the ranking of the Website or the ability of Net Search to provide the Services. In this respect , the Client agrees that Net Search will be entitled to Charge the Client an additional fee to Re-optimism the Website based on the hourly rate of $100 Per hour( Ex GST);or

(h)   if the Client selects on SEO methodology to be used to optimise the Website. In this respect, the Client acknowledges that the SEO methodologies have different levels of functionality and some SEO methodologies may be superior to others. The Client forth acknowledges that it may select a pay for additional SEO methodologies should it wish to improve the racking results and search results obtained by its Website.

(i) if the website stops working or does not work correctly for any reason.
 

4. Intelectual Property

The Client warrants to Net Search that it owns or holds a valid license in respect of all intellectual property, whether registered or unregistered, that is set out on its Website. The Client agrees to indemnify Net Search against any loss or damage which Net Search, Its directors, officers, employees or contractors suffer or incur as a result of any claim of infringement of intellectual property rights made against them by a third party in connection with the intellectual property set out in the Website.

 

5.Term & Termination

Work commences on the date of full execution by both parties. Work ends on the earlier of:

(a)   the date which is 30 days after the delivery of written notice given by a party to the other party; this being either from the Client to the Campaign Manager, or from Net Search to the Client; or

(b) the date a party suffers an insolvency event which includes, but is not limited to the appointment of a receiver administrator, liquidator, the cessation of business, an inability or refusal to pay the fees specified in the Order Form, or when that party is presumed to be insolvent under the Corporation Act 2001(Cth).

 

After the initial 12 month period, the Client will continue to make the agreed direct debit payments to Net Search unless the Client notifies Net Search to cancel the direct debit as per clause 4(a) or the event specified in clause 4(b) occurs

 

All Monies owed to Net Search must be paid on the termination date subject to the provision of an invoice.

 

6. Force Majeure

If an event or circumstances occurs which prevents Net Search from delivering all or part of the Services that are outside the control of Net Search (a”Force Majeure event”), then Net Search will be:

(a) relived of its obligation to provide the Services; and

(b)   entitled to claim any fees for the duration of the Force Majeure event,

provided that it promptly notifies the Client of the problem and takes all reasonable steps to continue to provide the Services as soon as practical. If a Force Majeure event subsists for more that a month, then the parties will enter into good faith negotiations to consider what action should be taken.

 

7. Consequential Loss

Notwithstanding anything to the contrary in these terms and conditions , neither party is liable for any indirect or consequential loss or damage whatsoever caused or suffered by the other party in connection work carried out by Net Search.

 

8. Limited Liability

Subject to Clause 4 and 9, the liability of Net Search to the Client for any losses arising in relation to this work carried out by Net Search as a result of the not-performance or breach of the terms of services by Net Search or negligence of Net Search in connections with work carried out, shall not exceed the sum of the monies paid or to be paid by the Client in the 3 month period prior to the date on which the liability accrued.

 

9. Statutory Warranties

To the maximum extent permitted by law, all statutory warranties in relation to the Services are excluded.

 

10 Dispute Resolution

All disputes must first be attempted to be resolved by the senior managers of the parties by way of good faith discussion before a party commences any legal action or court proceedings. If the parties are unable to resolve the dispute within 14 days of the commencement of those discussions, then either party may pursue its rights and remedies under these terms of service or as at law as it sees fit.

 

Except if the dispute renders it impossible to do so, the parties will continue performing their respective obligations while the dispute is being resolved. The foregoing sentence does not apply to the payment of any monies owed by the Client to Net Search.

 

11.Notices

All notices given in accordance with these terms of service must be given by a person authorised to do so on behalf of a party and addressed to the person authorised to receive the notices by the other party at the last known address for that party. Notices may be given by hand, post, fax or email to the party’s authorised representative.

 

12. Severability

If any part of provision of this agreement is held or found to be void, invalid or unenforceable, or in the particular circumstances will operate to contravene any law, it will be deemed to be severed the terms of service to the extent that it is void or invalid or unenforceable, but the remainder of that clause and the terms of service will remain in full force and effect.

 

13. Waiver

A waiver of any right arising from a breach of the terms of service or of any right or remedy arising therefrom must be in writing. A failure or delay in exercising a right arising from a breach of the terms of service does not result in a waiver of that right or remedy.

 

14. Entire Agreement

These terms and conditions supersides all prior writings or the understandings between the parties with respect to any work carried out.

 

15. Interpretation

In these terms of service:

(a) heading are for convenience only and do not affect the interpretation of the terms of service;

(b)   words importing the singular include the plural and vice versa;

(c) examples are included for illustrative purposes only and do not limit the interpretation of the terms of service;