Search Engine Optimization
Terms & Conditions
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 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 of the Purchased Services may be changed at any time, at Our sole discretion, provided the alternative features of the Purchased Services are of a comparable value. This flexibility is important because Google and other search engines regularly change their ranking algorithms and We want to ensure that We are providing Purchased Services that We believe reflect the latest standards and ranking algorithms. 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 features image.
- Backlinks will be replaced if they fall off within 30 days.
- Peformance optimization will be completed through the implementation of a cloud-based performance optimization tool. We cannot guarantee performance improvements will persist after your use of the Purchased Services.
- Your Purchase Services does not come with a minimum mount of commited “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 only. 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 seperate charge.
- Edits to existing pages does not include page redesign. If your current page design doesn’t accomodate 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 a “Subscription Fee Installment”. You shall pay the first Subscription Fee Installment online via ACH, once you have accepted this Agreement. 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.
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. 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.
7. 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.
8. 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.
9. 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.
10. PAYMENT DISPUTES.
We will not exercise Our rights under Section 7 (Overdue Charges) or 8 (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.
11. HOLD HARMLESS.
Partner acknowledges agrees White Peak has no control over the policies of search engines and/or social networks with respect to the type of sites and/or content that 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 at any time a social network, search engine or directory refuses to list Partner, 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.
12. 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.
13. GOVERNING LAW.
This Agreement will be governed by and construed in accordance with the laws of the State of Nevada.
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.
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.
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.
17. 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.
18. IN WITNESS WHEREOF,
White Peak and You enter into this Agreement with the intent of being 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.