SEO Terms & Conditions

1. INTRODUCTION.

The terms and conditions set forth herein constitute the full and complete agreement for Purchased Services (hereinafter “Agreement”) between White Peak Growth Partners, LLC, of 1 E. Liberty Street, Suite 600, Reno, Nevada 89501 (hereinafter “White Peak” or “Us”  or “We” or “Our”), and its assigns and licensees, and the purchaser of Purchased Services (hereinafter “Partner” or “You” or “Your”), and its assigns, agents, and contractors, together, the “Parties.“

2. PURCHASED SERVICE.

The SEO services selected by You (“Purchased Services”) in your electronically signed proposal shall be provided by White Peak to Partner throughout the Subscription Term. Individual features (i.e., tactics, strategies or deliverables) of the Purchased Services may be changed at any time, at Our sole discretion, provided the change is of a comparable value. This flexibility is important because Google and other search engines regularly change their ranking algorithms and Your competitors and Your business are constantly changing. We want to ensure that We are providing Purchased Services that reflect the latest standards and ranking algorithms and meet the needs of the moment. A few general terms related to Purchase Services:

• Unless otherwise agreed, email being sufficient, blog posts that We write for You will be approximately 1,000 words in length. Sometimes we will exceed this number, and other times we’ll be a few words short, but approximately 1,000-word blog posts should be expected.
• Blog posts will include one featured image.
• Backlinks will be replaced if they fall off within 30 days.
• Performance optimization will be completed through the implementation of cloud-based performance optimization tools. We cannot guarantee performance improvements will persist if you discontinue your use of the Purchased Services.
• Your Purchase Services do not come with a minimum amount of committed “man-hours” from Us. Much of what we do is born out of years of experience, and we make use of this experience and available technology to scale the delivery of Purchase Services.
• Our edits to your existing website content will be limited to SEO and readability edits. Unless otherwise agreed, email being sufficient, edits will be limited to 10% or less of the page content. Anything more than 10% may be considered a page rewrite at Our sole discretion and subject to a separate charge.
• Edits to existing pages do not include page redesign. If your current page design doesn’t accommodate the copy revisions, you agree that you will redesign the website page at your expense, or you may hire White Peak to complete the page redesign (i.e., layout change).

3. TERM OF PURCHASED SUBSCRIPTIONS.

This Agreement shall become effective as of the date You make Your first Subscription Fee Installment payment (the “Effective Date“) and shall continue for a period of six (6) months (the “Initial Subscription Term“) and will automatically be extended thereafter for successive six (6) month terms (each a “Renewal Subscription Term“) (together and separately a “Subscription Term”), unless either Party terminates the Agreement as defined herein.

4. PAYMENT FOR PURCHASED SERVICES.

Unless otherwise modified by an amendment to this Agreement that has been signed by the Parties, Partner shall pay a “Subscription Fee” to White Peak equal to the price of the Purchased Services detailed on the electronically accepted proposal. For your convenience, the Subscription Fee may be paid in six payment installments. Each installment is a “Subscription Fee Installment”. You shall pay the first Subscription Fee Installment online via ACH or Credit Card, once you have accepted this Agreement. A three percent (3%) transaction fee will be added for Credit Card transactions. If You do not agree to be bound by this Agreement, do not electronically sign our proposal and do not provide us with Your Payment Method.

5. FEES.

You will pay all fees specified in this Agreement. Except as otherwise specified, (i) fees are based on services purchased and not actual usage, (ii) payment obligations are noncancelable and fees paid are non-refundable, and (iii) quantities purchased cannot be decreased during the relevant Subscription Term.

6. SEO GUARANTEE.

We firmly believe responsibility and accountability need to rest in the same place. Therefore, White Peak’s SEO Guarantee is only valid if White Peak and White Peak alone has Administrator access to your website. White Peak cannot and will not guarantee the results of an SEO campaign unless we can be certain that we are the only one making changes and edits to Your website. 

How our guarantee works: If We don’t improve Your Google search performance over a given calendar month, (i) a month will be added to the end of the current Term, (ii) Your next, regular scheduled Subscription Fee Installment payment that has not been already collected will be delayed by one month, and (iii) the full Subscription Fee will still be paid by the end of the Term. “Improve Your Google search performance over a given calendar month” is defined as any one of the following; (i) an increase in the total number of Google organic search impressions Your website received or (ii) an increase in the total number of unique keywords Your website ranked on page one of Google, or (iii) a net ranking gains (the aggregate) of all Your targeted keywords, or (iv) an increase in the organic website traffic coming to Your website, or for Local SEO campaigns only (v) an increase in Your Google Business Profile interactions. 

This SEO Guarantee is voided by the Partner if the Partner does not accept Our SEO recommendations or if anyone other than White Peak makes changes or edits to Your website during the Term. White Peak recommendations may include but are not limited to White Peak’s keyword recommendations, content recommendations, the inclusion of primary and secondary keywords within the website and blog’s content, recommended changes to the website architecture, internal linking, and page structure. We know what we’re doing, and that’s why you’re hiring Us. If you want us to guarantee our results, You need to let Us do what We were hired to do — improve Your Google search performance.

7. ONGOING PAYMENT OBLIGATIONS.

You will provide White Peak with bank account information (a “Payment Method”). You authorize Us to charge such Payment Method for all Subscription Fee Installments defined in this Agreement for the Initial Subscription Term and any Renewal Subscription Term(s) as set forth in Section 3 (“Term of Purchased Subscriptions”). Such charges shall be made in advance, on or about the anniversary date of Your first Subscription Fee Installment payment. You are responsible for providing complete and accurate billing and contact information to Us and notifying Us of any changes to such information.

If you prefer to pay by credit card or debit card, you may do so as an alternative Payment Method provided that you agree to pay a 3% surcharge for any Subscription Fee Installment paid using a credit or debit card.

8. OVERDUE CHARGES.

If a Subscription Fee Installment is not received by Us by the due date, then without limiting Our rights or remedies, those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month or the maximum rate permitted by law, whichever is higher.

9. SUSPENSION OF SERVICE AND ACCELERATION.

If any amount owed by You under this or any other agreement for Our services is ten (10) or more days overdue in the case of amounts You have authorized Us to charge to Your Payment Method, We may, without limiting Our other rights and remedies, accelerate Your unpaid fee obligations under this Agreements so that all such obligations become immediately due and payable, and suspend Our services to You until such amounts are paid in full.

10. ATTORNEY’S FEES.

If either Party breaches any term, covenant, or condition of this Agreement, the breaching Party shall pay the other Party’s reasonable expenses, including attorney’s fees, incurred in enforcing its rights under this Agreement.

11. PAYMENT/INVOICE DISPUTES.

We will not exercise Our rights under Section 8 (Overdue Charges) or 9 (Suspension of Service and Acceleration) above if, at White Peak’s sole discretion, You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. You have thirty (30) days from a payment due date to dispute any charge or payment processed by White Peak. Please contact us at growth@whitepeak.io if you are raising a dispute. This provision is not a promise to accept or agree with disputes filed.

12. HOLD HARMLESS.

Partner acknowledges and agrees White Peak has no control over the policies of search engines and/or social networks regarding the type of sites and/or content they accept now or in the future. The Client’s website or content may be excluded from any directory, social network, or search engine at any time at the sole discretion of the social network, search engine, or directory. If a social network, search engine, or directory refuses to list Partner at any time, White Peak will not be held responsible.

Further, due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, We cannot guarantee a particular search position or advertisement position for any particular keyword, phrase, or search term.

13. WARRANTIES OF TITLE.

Partner represents and warrants that the use of all elements that Partner provides to White Peak for Purchased Services or otherwise, including text, images, ad copy, keywords or keyword phrases, or any other content, will not infringe upon or violate any copyrights, trademarks, service marks, trade secrets, privacy and publicity rights, contractual rights, or other rights of any third party.

14. GOVERNING LAW.

This Agreement will be governed by and construed in accordance with the laws of the State of Nevada.

15. ASSIGNMENT.

This Agreement may not be assigned to another party, in whole or in part, without White Peak’s written consent. Any attempt to assign this Agreement without such consent will be null and void.

16. TERMINATION.

This Agreement may not be terminated for convenience. Either Party may terminate this Agreement by providing written notice of termination to the other Party at least sixty (60) days prior to the end of a Subscription Term, at which point the Agreement will not renew beyond the then-current Subscription Term.

17. SEVERABILITY.

If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.

18. ENTIRE AGREEMENT.

This Agreement is the complete and exclusive agreement between the Parties with respect to the subject matter hereof the Purchased Services in Section 2 (Purchased Service), superseding and replacing any and all prior agreements, communications, and understandings (both written and oral) regarding such subject matter. The terms and conditions of this Agreement will prevail over any contrary or inconsistent terms in any purchase order. This Agreement may only be modified, or any rights under it waived, by a written document executed by both Parties.

19. IN WITNESS WHEREOF,

White Peak and You enter into this Agreement to be mutually bound by its terms. By accepting these Terms & Conditions (i.e., this Agreement), You warrant and represent that You have the authority and capacity to bind the Partner. and tactic