BestKeywordsMarketing.com - Terms of Service

Terms of Service

We require that you agree to the following conditions upon agreeing to use any of our service plans. Our service plans include SEO ranking management and pay-per-click management plans.

Bestkeywordsmarketing.com (we, us) and Client/advertiser/agency (you) agree to the following:

1. Definitions:

(a) "Client" means the person who orders pay-per-click or sitesubmission services from us and has ownership rights to the "Web Site".

(b) "Web Site" means all data files, data structures, images, and other information content owned by the Client that is to be hosted and managed under this Agreement.

(c) "Physical Server" means the third-party computers, hardware, operating system, and software necessary to operate and support your Web Site in accordance with this Agreement.

2. General. A deposit or payment must be submitted to Bestkeywordsmarketing.com in advance of initial advertising date. By submitting advertising for inclusion on Bestkeywordsmarketing.com, advertiser/agency agrees to be bound by the terms of this contract. No conditions other than those set forth herein shall be binding on Bestkeywordsmarketing.com. This contract supersedes any previous agreements between Bestkeywordsmarketing.com and advertiser/agency relating to the subject matter set forth herein. Bestkeywordsmarketing.com only obligation is to serve advertisements hereunder shall be to serve advertisements of the advertiser described herein, and in no event shall Bestkeywordsmarketing.com be obligated to serve advertisements for any other advertiser.

3. Payment Terms: You agree to the following payment terms in consideration for the services provided:

(a) Set-Up Fees. You will pay us one-time, non-refundable set-up fee(s) according to our published prices.

(b) Monthly Management & Optimization Fee. You will pay us a Monthly Management & Optimization Fee for each service we provide under this Agreement according to our published prices. Monthly Monthly Management & Optimization Fees are billed to you at the beginning of each payment. If you first begin using our services after the first of the month, we may prorate your first month's Monthly Management & Optimization Fee(s). Monthly Management & Optimization Fees are subject to adjustment, with notice, according to the current prices.

(c) Cancellation. In the event you cancel any service, you will be charged in full for the entire month in which you canceled your service.

(d) Breach. In the event we terminate this Agreement because of a breach, you will be charged in full for the entire month in which the breach occurred for services.

(e) Taxes. Service fees are exclusive of any and all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the services provided under this Agreement, except that any sales or similar taxes on the sale of Client products and services to end users shall be the sole responsibility of the Client.

4. Changes and Cancellations. Cancellations and changes can be made via the contact form or email. Bestkeywordsmarketing.com Pay Per Click (PPC Search Engine) advertising specifications are accessible through the overture.com or google.com. We do not offer refunds on unused funds concerning our Pay Per Click services. Bestkeywordsmarketing.com reserves the right to change any of its advertising specifications at any time.

5. Not Responsible for Effectiveness of Advertising. All advertising is considered sold once we have placed it into your account. We are not responsible for the effectiveness of any advertisements whether it be banners, Drop-In Ads, Traffic Campaign, or offer you may make. Nor are we responsible for the effectiveness of your web site, nor its ability to convert your traffic into members, subscribers, customers, or clients. We have a strict no-refund policy. Once we place this advertising into your account it will be considered fulfilled by us. You alone are the sole determining factor in the success of this or any advertising. Failure to pay for any advertising fulfilled by us may subject you to legal action in the appropriate court having jurisdiction over this matter in Ilinois. We may pursue any non-payment to the full extent of the law and will seek to recover all losses, including (but not limited to) all court costs and attorney fees when applicable.

6. Risk: You expressly agree that use of our services is at your own risk. Neither we, our employees, affiliates, agents, third-party providers, merchants, licensors or the like, warranty that our service will not be interrupted or error free; nor do we make any warranty as to the results that may be obtained from the use of our services or as to the accuracy, reliability or content of any information serviced or merchandise contained in or provided through our services, unless otherwise expressly stated in this Agreement.

Under no circumstances, including negligence, will we, our officers, agents or anyone else involved in creating, producing, or distributing our services be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use our services. We will further not be liable for results from mistakes, omissions, interruptions, deletions of files, errors, defects, delays and operation, or transmission or failure of performance whether or not limited to acts of nature, communication failure, theft, destruction or unauthorized access to our records, programs or services. You acknowledge that this paragraph shall apply to all services we will provide to you.

7. Delivery, Frequency and Make good. All figures relating to the number of advertisements served as determined by Bestkeywordsmarketing.com shall govern, regardless of whether advertiser/agency is using the services of a third party counter, third party stats, or third party ad server. If Bestkeywordsmarketing.com fails to provide the guaranteed number of impressions, Bestkeywordsmarketing.com will make good on this contract. We reserve the right to refund order on a pro-rated basis. We stronly advise you that third party counters are not reliable. When you order our service you agree to make our stats the only stats system as the official stats for keeping record of the traffic which we deliver.

(a). Once your traffic campaign is ordered it may take upto 7 business days before the traffic campaign is started in our network. If you traffic is not delivered within 7 business days or your have not received an email after 7 business days of ordering then please contact us by email.

(b). We or our automated system will contact you by email with your account information once your campaign(s) is/are active.

8. Hours of operations: Our normal hours of operations are: Monday - Friday from 9:30am to 5:30pm. The Customer Service Department is closed Saturdays and Sundays. We are also closed for major Holidays. Normally our form mail site will post any unexpected closures or announcements. All customers service related emails will be handled with 48 hours once received during our normal business hours.

9. Key Words and Phrases. Bestkeywordsmarketing.com offers no exclusivity on keywords or phrases. Each advertiser will be given ranking positions based upon the bid they/we enter on keywords/phrases.

10. Rejections. Bestkeywordsmarketing.com reserves the right, without liability, to reject, omit or exclude any advertisement or to reject or terminate any links, buttons, boxes or banners for any reason at any time, with or without notice to the advertiser/agency, and whether or not such advertisement, link, button, box or banner was previously acknowledged, accepted, or published.

11. Licenses and Indemnification. Advertiser/agency grants Bestkeywordsmarketing.com the right to use, reproduce, publicly display and distribute advertiser's advertisements and collateral information and warrants that advertiser/agency has the right to grant such license. Advertiser/Agency represents that the advertiser is the owner or is licensed to use the entire contents and subject matter contained in its advertisements and collateral information, including, without limitation, (a) the names and/or pictures of persons; (b) any copyrighted material, trademarks, service marks, logos, and/or depictions of trademarked or service marked goods or services; and (c) any testimonials or endorsements contained in any advertisement submitted to Bestkeywordsmarketing.com In addition, advertiser/agency represents that the advertiser's advertisements and collateral information do not violate any applicable local, state or federal law or regulation. In consideration of Bestkeywordsmarketing.com acceptance of such advertisements and information for publication, the advertiser and agency will jointly and severally indemnify and hold harmless Bestkeywordsmarketing.com and its officers, directors, shareholders, employees, accountants, attorneys, agents, parent, affiliates, subsidiaries, successors and assigns from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to: (i) advertiser/agency's breach of any covenants, representations and warranties made therein, (ii) Bestkeywordsmarketing.com performance under this contract, and (iii) the copying, printing, distributing, transmitting or publishing of advertiser's/agency's advertisements or collateral information by Bestkeywordsmarketing.com

12. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL Bestkeywordsmarketing.com BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOST INCOME OR PROFITS, IN ANY WAY ARISING OUT OF OR RELATED TO THIS CONTRACT, EVEN IF Bestkeywordsmarketing.com HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

13. Confidentiality:
Bestkeywordsmarketing.com recognizes and acknowledges that this Agreement creates a confidential relationship between Bestkeywordsmarketing.com and Client and that information concerning Client's business affairs, customers, vendors, finances, properties, methods of operation, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is confidential in nature. All such information concerning Client is hereinafter collectively referred to as "Confidential Information."

14. Non-Disclosure:
Bestkeywordsmarketing.com agrees that, except as directed by Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever and that upon the termination of this Agreement it will turn over to Client all documents, papers, and other matter in its possession or control that relate to Client.

15. Miscellaneous:
(a) Public Nature of Internet. All information submitted on your Web Site shall be considered publicly accessible. Important and private information should be protected by you.
(c) Governing Law and Attorneys' Fees. This Agreement will be interpreted and applied in accordance with the laws of the state of Illinois, without regard to the conflicts of law provisions.
(d) Age. You certify that you are at least 18 years of age.

NOTE: YOUR SIGNATURE ON A PRINTED COPY OF THIS AGREEMENT IS NOT REQUIRED IN ORDER FOR THE AGREEMENT TO BE LEGALLY BINDING ON YOU. YOUR USE OF OUR SERVICES SHALL CONSTITUTE A VIRTUAL SIGNATURE, HAVING THE SAME FORCE AND EFFECT AS IF YOU HAD ACTUALLY SIGNED A PRINTED COPY OF THIS AGREEMENT.