1. Online Advertising and Marketing Services
RealtySEO, Inc. 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 for 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, 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, YellowPabeCity, Merchant Circle, OnStar, Craig’s List, Kijiji, local online newspapers, Facebook, UTube and other sites. The terms and conditions of these providers all apply. RealtySEO will not share your information with any business other than in the course of securing online advertising and marketing services on your behalf.
You agree to pay RealtySEO monthly fees to cover the cost of placing and managing your online advertising & marketing services program up to an amount not to exceed what is stated on RealtySEO’s pricing page. RealtySEO may change the maximum monthly fees in accordance with procedures established by our search providers and publishers from time to time. In the event of a pricing increase current users may request to have their current pricing honoured.
Payment in full is required by the first date of the month in which the advertising/marketing/link building will be executed. Payment by credit card will be prior to the first day of the advertising month. Marketing and advertising programs will be paused if your credit card is declined or a charge fails to be made. All customers are given a 15 day grace period within which to make payment before their keyword slots are made available to competitors.
RealtySEO specifies the initial term for which program rates will be guaranteed, and will be for no less than three (3) months for custom programs. All agreements are auto-renewing 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.
5. 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 and 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.
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, trade mark, patent, invention or any other nondisclosure rights of any third party. You indemnify and hold harmless RealtySEO 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, trade mark, 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 for RealtySEO resulting from claims made by third parties with regard to usage of material you have provided, even after termination of our Agreement.
You acknowledge and agree that RealtySEO makes no specific guarantee or warranty regarding the search providers and publishers to which it submits advertising on your behalf, including placement of paid search advertising or any specific results. RealtySEO 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. RealtySEO does not warrant that the performance will be error-free but will immediately act to correct errors once they have been identified. RealtySEO does however guarantee an increase in search engine ranking. Should 30 days pass and no improvement be seen a full refund will be paid out on the 15th of the following month.
8. Disclaimer of Warranties
To the maximum extent permitted by applicable law, RealtySEO and its suppliers disclaim all warranties not expressly set forth in this document, whether express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to RealtySEO services.
9. Limitation of Liability and Applicable Law
The maximum aggregate liability RealtySEO may have to you will be limited to the total amount of fees collected from you. RealtySEO will have no liability in connection with the functionality or content of any search provider or internet publisher or website not owned by RealtySEO. This agreement shall be governed and construed by the laws of the Province of Ontario. 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 RealtySEO.
11. Force Majeure
Neither you nor RealtySEO will be in breach of its obligations under these Terms and Conditions of Service (other than obligation to pay monies due) in the event that, for cause(s) beyond reasonable control, each party is unable to perform, in whole or in part, any one or more of its obligations. Such causes will include, but not be limited to governmental regulation, fire or other causality, inability to obtain materials or services, technical failure or difficulties, problems or interruptions of the internet, or any other cause not within the reasonable control of either party.
RealtySEO may assign, delegate or subcontract any rights or obligations under this Terms and Conditions of Service.
This Terms and Conditions of Service represents the parties’ entire agreement with regard to RealtySEO provision of services. Agreement with these terms and conditions is in effect upon use of RealtySEO’s services or website.
The person signing the Online Advertising & Marketing Agreement certifies that (s)he is lawfully authorized to purchase services on behalf of your company.
15. Effective Upon Execution
Terms and Conditions are binding on both parties on the date the RealtySEO.ca website is visited and/or payment is made.