Michael Paragon SEO / SEM Terms and Conditions
The following terms and conditions apply to all website SEO and SEM plans, including Google Adwords campaigns managed by Michael Paragon – http://michaelparagon.com/
Summary
We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if things go wrong. In this contract, you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
In short
You, the Customer, are hiring Michael Paragon, at http://michaelparagon.com, to SEO optimize a website, create SEO content for marketing or run Adwords campaigns for the estimated total price outlined in your estimate correspondence.
What do both parties agree to do?
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us (Michael Paragon and web development subcontractors *as needed) with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule outlined in your proposal correspondence.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way, we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this, we will also maintain the confidentiality of any information that you give us.
Assignment of Specific Rights
For the purposes of receiving professional SEO services, Client agrees to provide the following:
1. Give Michael Paragon (or his authorized agents) Back-end access to the website for modifying or uploading new webpages, and making changes on the web pages for the purpose of on-page optimization.
2. Permission to communicate directly with any third parties, e.g., your web designer, web developer etc if necessary.
3. Full access to existing website traffic statistics for analysis and tracking purposes like access to Google Analytics, Omniture etc.
4. Permission to use client official email address for the purposes of requesting links (something like contact@client-company.com)
5. Client authorizes Michael Paragon use of all client’s logos, trademarks, Web site images, content etc., for use in creating informational pages and any other uses as deemed necessary by Michael Paragon for search engine optimization and social media optimization.
6. If Client’s site is lacking in textual content, Client will provide additional text content in electronic format for the purpose of creating additional or richer web pages. Michael Paragon can create site content at an additional cost to the Client. If Client is interested in purchasing content from Michael Paragon, it can be provided at additional cost of US$.40/250 words/page. Highly complex topics content is billable at US$.80/250 words or more/page. *Writing difficulty is determined by research required to write original content on the subject topic.
NonDisclosure Agreement
At any time during or subsequent to contract period, client agrees to keep in strictest confidence and trust all of the Michael Paragon confidential information to which the client has access. The client will not use or disclose the Michael Paragon confidential information without the written consent of Michael Paragon.
Client agrees not to attack/criticize Michael Paragon and any of its employee, associate or partner publicly (on public forums, blogs, social networks etc) at any time during or subsequent to contract period.
Similarly, the client agrees not to seek for SEO advice on SEO forums, blogs, community groups or any social media in a way which brings a bad name to the company or any of its employee, associate or partners.
Disclaimers
Client acknowledges the following with respect to SEO services from Michael Paragon:
1. All fees are non-refundable.
2. Michael Paragon has no control over the policies and ranking algorithms of search engines with respect to the type of sites and/or content that they accept now or in the future. Client’s website may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory.
3. Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, Michael Paragon does not guarantee No.1 positions or consistent top 10 positions for any particular keyword, phrase, or search term.
4. Google has been known to hinder the rankings of new websites (or pages) until they have proven their viability to exist for more than “x” amount of time or have enough back link strength. Michael Paragon assumes no liability for ranking, traffic, indexing issues related to such penalties. Consequently, the client understands that ranking new websites is much more difficult than ranking old and established sites and he should not have unrealistic expectations about rankings, traffic, and revenues.
5. A new website may get a temporary boost in ranking for some targeted keywords for few days but then it settles down to its real place. This is known as ‘new site boost effect’ and it is quite common to happen. Consequently, the client understands that his new site has not really got top rankings within a month and soon it will go down to its actual position.
6. Occasionally, search engines will drop listings for no apparent reason. Often, the listing will reappear without any additional SEO efforts.
7. A website search engine ranking can fluctuate any day, anytime because of on-going changes in the ranking algorithm, SEO efforts made by the competitors or both.
8. Michael Paragon makes no guarantee/warranty of project timeline or added expenses (like charging additional fees etc) if the SEO work is destroyed either wholly or in parts, either knowingly or unknowingly by any party other than Michael Paragon or without the prior consultation of Michael Paragon. SEO work is considered to be destroyed either wholly or in parts if following changes (but are not limited to) are made to a website by any party other than Michael Paragon or without first consulting Michael Paragon:
i. Changes in the file(s) or folder(s) name
ii. Putting a file in a different folder or putting a folder in another folder or sub domain
iii. Making changes in the head section of a document like changing the text in the title tag, removing certain HTML tags required for site authentication.
iv. Deleting a link, folder, file, web document or sub domain.
v. Modifying text on a web document like changing the formatting of the text or repositioning the text.
vi. Removing analytics code from the web page which is used to track website traffic.
vii. Linking out to any website without prior consultation of the Michael Paragon .
viii. Adding a file, folder, web document, widget or any functionality.
ix. Renaming URLs of existing web documents.
x. Taking down the website or part of the website.
xi. Renaming, re-locating, adding or removing any file, folder or sub domain on a web server including web documents, robots.txt, .htacess file, sitemap.xml, rss.xml etc
xii. Changes in the site architecture
xiii. Changes in the anchor text
xiv. Making any changes on an optimized web page
vii. Adding WordPress plugins without prior consultation from Michael Paragon .
9. Michael Paragon makes no guarantee/warranty of project timeline or added expenses (like charging additional fees etc) if:
i. The client fails to resolve Michael Paragon queries on time.
ii. Make delays in providing required access, documents, permissions or any support for Search Engine Optimization purpose
iii. Fail to make necessary changes on the website as and when advised by Michael Paragon for carrying out the Search Engine Optimization services.
iv. There is a server outage for prolonged time on client’s site.
10. Michael Paragon is not responsible for the Client overwriting SEO work. The Client will be charged an additional fee for re-constructing, re-optimizing content/web pages, based on the hourly rate of US$60 per hour.
11. Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Michael Paragon for inclusion on the website above are owned by Client, or that Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Michael Paragon and its subcontractors from any liability or suit arising from the use of such elements.
When this contract comes to an end
This contract comes to an end when everything specified in the contract has been done. It can also end if there is a breach of contract and either party decides to cancel it.
The contract can also be ended by mutual agreement of the parties involved in contract or when it becomes impossible to carry out the obligations specified in the contract like due to man-made calamities (riots, acts of terrorism, war etc) or natural calamities (like flood, hurricane, earthquake, volcanic eruption etc)
Governing Law and Jurisdiction
Governing law means which country’s rule of interpretation and legal remedies apply in a case of any dispute arising out of the contract. Jurisdiction means the place where your dispute will be heard.
This Agreement (Contract) shall be governed by the laws of US and the parties submit to the exclusive Jurisdiction of the courts of Los Angeles County, California, in respect of any dispute or difference between the client and Michael Paragon arising out of this Agreement (Contract).
Any dispute or difference can also be resolved outside the court by appointing an independent third party (also known as arbitrator) on mutual agreement of the client and Michael Paragon. However, in this case, arbitrator’s decision is considered to be final and cannot be disputed or appealed in the court of law.
This contract is all inclusive and no other oral or written contract exists between the two parties stated in this agreement. By signing this contract you agree that you fully understand this contract, you are legally competent and authorized to enter into the contract and you sign this contract on your ‘own free will’ without any undue influence, misrepresentation of facts or by mistake.
You also represent and warrant to Michael Paragon that you have no interest or obligation which is inconsistent with or in conflict with this agreement or which would prevent, limit, or impair Michael Paragon performance of any part of this agreement.