Terms and Conditions
These terms and conditions form part of the contract between YBR Marketing Solutions, a business name of The Live4Life Group ABN 73883023829. These terms apply to websites, SEO/SEM campaigns and custom programming. A direct breach of these terms may result in immediate termination of client services with YBR Marketing Solutions.
Website Proof Disclaimer
- It is the Client’s responsibility to ensure that this proof is correct in all areas. Please be sure to check spelling and grammar, layout and design before approving artwork.
- Simple artworks and design changes can be made at no cost. Substantial change that effects workflow or core design will be charged at our charge out rate.
- The Client is responsible for copyright, Trademark use and licensing of images, logos and other symbols
- All artwork image concept, web design and layout concept must be approved before this job enters our production environment.
- Upon approval of this proof, you release YBR Marketing Solutions from liability arising from the use of this artwork or design.
YBR Marketing Solutions Design Disclaimer
- Cost Estimate
YBR Marketing Solutions will estimate the cost of the project. The estimate is based upon the Client’s description of tasks wanted and supplied by the Client. This may be from a meeting or via email. A cost estimate will be provided.
If the Client requests more work to be done than what was initially agreed upon, extra time required to make changes to the website will be charged for at our standard rate.
- Completion Date
We will provide the Client with an expected project completion date (live on the Internet) if requested. We will endeavour to meet any given deadline, but we do not guarantee and are not bound in any way to complete the project by this date.
YBR Marketing Solutions shall not be held responsible for delays to site development arising out of the Client’s delays in providing graphics, text and content in a timely fashion. If the website is not completed or work is halted by the Client’s request, refunds for work completed will be not be given.
Invoices are sent via email for deposits, progress and completion. The Client is expected to make payment within 7 (seven) business days, unless other arrangements are made with us. If payment is not received after 30 (thirty) days, the website may be taken down until payment is received. YBR Marketing Solutions reserves the rights for payment and will not be held responsible for any consequences for the removal of a website for non-payment. SEO and direct marketing fees are payable in advance and campaigns will not start until payment is made.
YBR Marketing Solutions owns all of their own original design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website. Images supplied by the Client are the responsibility of the Client.
The Client represents that all graphics and text including logos, trademarks and photos provided to YBR Marketing Solutions do not violate any copyright law.
All images displayed on the Client’s website will only be used after authorisation by the Client and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client, they will be the sole responsibility of the Client.
The Client agrees to hold YBR Marketing Solutions harmless from any and all liability, claims or causes of action arising out of use of the content provided by the Client.
All content created by YBR Marketing Solutions and/or subcontractors for the Client are the property of the Client upon full payment. The Client hereby grants to YBR Marketing Solutions the right to use the work for demonstration of past work performed and/or advertising purposes not limited to web promotion and social media.
YBR Marketing Solutions represents that any graphics originally created by YBR Marketing Solutions added to the website that were not supplied by the Client are owned by YBR Marketing Solutions and do not violate copyright law.
- Sole Agreement and Amendment
This contract constitutes sole agreement between YBR Marketing Solutions and the Client and hereby voids any prior verbal contracts. This agreement may be amended, in writing, by the parties at any time.
YBR Marketing Solutions makes no representations or guarantee as to the amount of traffic to the Client’s website or interest generated in the Clients site. YBR Marketing Solutions makes no representations and does not guarantee an increase in Client sales nor promise top listing in any search engine or directory. YBR Marketing Solutions will use their best efforts to perform under the contract. Website performance is subjective and is affected by many variables including offer, content and SEO/SEM.
- Electronic Commerce Law
The Client agrees that the Client is solely responsible for compliance with federal and/or state laws regarding any electronic commerce conducted through their website and will hold harmless YBR Marketing Solutions and their subcontractors from any claim, causes of action, penalty, tax and/or tariff arising from the Client’s use of electronic commerce.
YBR Marketing Solutions understands that they will be working with confidential Client information and will only release this information to parties directly involved in website creation. The Client authorises YBR Marketing Solutions to release information to third parties requiring access for site creation. This includes, but is not limited to, website and email address user IDs and passwords, trade information and banking information should the Client request online shopping. Upon website completion, the Client will change any banking passwords YBR Marketing Solutions has had access to. If the Client chooses not to retain YBR Marketing Solutions for website maintenance, the Client will change ftp, email and any other passwords YBR Marketing Solutions has had access to. The Client will hold YBR Marketing Solutions harmless should breach of security occur if the Client has not changed business passwords.
- Continuing Website Maintenance
Once the site is complete, if the Client needs continuing website maintenance, (edits, changes, additions, removal or changes of products or graphics) this will all be done at our regular charge out fee unless covered in a support/SEO/SEM package. Our website warranty terms are 30 days after go live of your website. Bugs reported within your warranty period will be covered under your scope of works. Outside of this warranty period website bugs, issues and change requests will fall under a website maintenance agreement or ad hoc hourly rate.
YBR Marketing Solutions is not responsible for other contractors, developers or designers who may edit the Client’s website or change code that is authorised by the Client. There will be a fee to restore the site in case of loss or corruption of original design.
- Domain name
It is the responsibility of the Client to renew their domain names when due. If a domain name expires, YBR Marketing Solutions cannot be held liable for expiry. Domains not paid for can be forfeited and purchased by others and this is out of YBR Marketing Solutions control.
- Web Hosting Services
The management and hosting of the domain name are the full responsibility of the Client that uses YBR Marketing Solutions hosting services. Backups of websites are the responsibility of the client, unless otherwise agreed to or hosting is provided by YBR Marketing Solutions
- Loss or Damage
YBR Marketing Solutions is not liable for loss, damage or corruption to files or information stored on servers or individual PCs relating to a Client’s website. The Client is solely responsible for any information or files relating to their website. There will be a fee to restore the site in case of loss or corruption of original design.
YBR Marketing Solutions has no control of, or responsibility for, the content of our Client’s websites. In no way does the textual or image-based content of our Client’s websites constitute YBR Marketing Solutions endorsement, or approval of the website or the material contained within the website. YBR Marketing Solutions has not verified any of the materials, products, images or information contained within our Client’s websites and is not responsible for the content or performance of these sites or for the Client’s transactions with them. YBR Marketing Solutions provides links or references to our Client’s websites solely for the convenience of prospective customers and intends that the links we provides be current and accurate, but we do not guarantee or warrant that such links will point to the intended Client site at all times.
- Suspension of Project
We may, at our discretion, suspend work on your website. We work to a timeline of which is always available for your review. If we have to continually contact you to approve, review or supply material or images of your website and you do not contact us for 30 (thirty) days, we will suspend your project and reallocate resources. We cannot meet your expectations if we do not receive timely feedback, material or images. We reserve the right to restart your project and this will incur a fee based upon how much time it takes to get the project restarted. After 90 (ninety) days of no response, we will delete the project. We will ask for approval and ask for materials to complete your site. We will follow up a week later. We allow good time for responses, but project deadlines cannot be met without approvals or requested information.
- Contract Term
The price shown in our proposals may be for a time-based project or a complete project. The price quoted is for a contract term.
- Contract Cancellation
SEO and SEM contracts are for a set period and the terms are stated on the contract. Contract fees are to be paid pro rata for contract termination. The contract can be cancelled at any time, but contract fees will apply.
- Paid Advertising
YBR Marketing Solutions may undertake paid advertising on behalf of its clients. The Client is solely responsible for claims made and any issue that may arise from direct advertising. All fees for paid advertising are to be paid in advance.
19. Staff Abuse Policy
All staff have a vital role to play in protecting themselves, including participation in appropriate training, reporting of incidents and taking appropriate action against perpetrators of abuse or violence. The Company has a responsibility to ensure that staff that suffer any of the following are able to report the matter:
Non Physical Abuse: The use of inappropriate words or behaviour causing distress and/or constituting harassment. This includes receipt of abusive telephone calls from any source.
Physical Abuse: The intentional application of force against the person of another without lawful justification resulting in physical injury or personal discomfort.
Anti-Social Behaviour: The following are examples of anti-social behaviour that are not acceptable at or in connection with work: Excessive noise eg loud or intrusive conversation, or shouting. Threatening or abusive language including excess swearing or offensive remarks or gestures Derogatory racial, religious or sexual remarks or behaviour. Malicious allegations relating to members of staff. Inappropriate behaviour as a result of alcohol or misuse of illicit drugs, including non-prescribed medication or drugs. Intimidation, threats or threatening behaviour (eg ‘I know where you live’) Harassment or stalking Violence, perceived acts of violence or threats of violence. Any explicit or implicit challenge to the safety, well-being or health of any member of staff. Brandishing weapons or objects which could be used as weapons
Staff Support: In the event of an employee becoming a victim of serious abuse or violence at work the Company will ensure that appropriate support is given.
Liaison with Police: Where physical injury or threatening behaviour has been suffered by a member of staff it is important that the matter is referred to the police for investigation if appropriate. The Company will support the police when undertaking a criminal investigation with a view to prosecution. It is important that staff affected co-operate in this process.
20. Website Functionality and Integrations
If your website scope includes third party integrations, our standard scope of works assumes that these integrations are basic in nature, and that significant integrations between tools will have detailed requirements approved by you as the client and our agency. Generally, integrations are one way (ie records added to your website are added to your third party tool) unless otherwise stated. Unless you have taken the time to specify exactly how your data from your website integrates with your external tool or system and vice versa at the point of confirming your quote, our standard scope of works covers a basic and simple integration. We are able to perform very detailed integrations at your request, however these will generally form a separate scope of works to your basic integration.
Search Engine Optimisation and Reporting Agreement
This agreement is hereby entered into between the Live4life Group / YBR Marketing Solutions and you, the client, on today’s date, 2018.
- YBR Marketing Solutions agrees to provide Client with Search Engine Optimisation and Reporting Services (hereinafter referred to as “SEO”) as described in this agreement. YBR Marketing Solutions is authorised to use the specific keywords and/or phases set forth below for development, improving the ranking of, and/or positioning the contents of the Client’s URL(s), http://www.______________________.___ in the search engines and/or directories that are most frequently used by the general public which are defined below.
- The total fee for YBR Marketing Solutions to be provided is as per the proposal. All fees must be paid in accordance to our payment schedule. All fees are non-refundable. YBR Marketing Solutions is intended to serve two main purposes: 1) to provide the Client with increased exposure in search engines, and 2) to drive targeted online traffic to the site.
YBR Marketing Solutions services will include (but are not limited to):
- Research keywords and phrases to select appropriate, relevant search terms (up to XX phrases).
- Obtaining ‘back links’ from other related websites and directories in order to generate link popularity and traffic up to XX amount.
- Editing and/or optimisation of text for various html tags, META data, page titles, and page text as necessary (up to XX pages).
- Analysis and recommendations on optimal website structure, navigation, code, etc. for best SEO purposes.
- Recommend, as required, additional webpages or content for the purpose of ‘catching’ keyword/phrase searches.
- Provide optimised web copy via blogs, articles, and stories as per the schedule.
- Hand-submit your pages to the major search engines and directories.
- Create traffic and ranking reports for the website and any associated pages showing rankings in the major search engines.
For the purposes of receiving professional SEO services, the Client agrees to provide the following:
- Administrative/backend access to the website for analysis of content and structure.
- Permission to make changes for the purpose of optimisation, and to communicate directly with any third parties, e.g., your web designer, if necessary.
- Unlimited access to existing website traffic statistics for analysis and tracking purposes.
- Client authorises YBR Marketing Solutions use of all Client logos, trademarks, website images, etc., for use in creating informational pages and any other uses as deemed necessary by YBR Marketing Solutions for search engine positioning and optimisation.
- 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. YBR Marketing Solutions can create site content at additional cost to the Client. If the Client is interested in purchasing content, please contact YBR Marketing Solutions for a cost estimate.
Client must acknowledge the following with respect to services:
- All fees are non-refundable.
- All fees, services, documents, recommendations, and reports are confidential.
- YBR Marketing Solutions has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Client’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
- Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, YBR Marketing Solutions does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term.
- Google has been known to hinder the rankings of new websites (or pages) until they have proven their viability to exist for more than 6 months. This is referred to as the ‘Google Sandbox’. YBR Marketing Solutions assumes no liability for ranking/traffic/indexing issues related to Google Sandbox penalties.
- Occasionally, search engines will drop listings for no apparent or predictable reason. Often, the listing will reappear without any additional SEO.
- Some search directories offer expedited listing services for a fee. If the Client wishes to engage in said expedited listing services (e.g., paid directories), the Client is responsible for all paid for inclusion or expedited service fees.
- Linking to ‘bad neighbourhoods’ or getting links from ‘link farms’ can seriously damage all SEO efforts. YBR Marketing Solutions does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.
- YBR Marketing Solutions is not responsible for changes made to the web site by other parties that adversely effect the search engine rankings of the Client’s website.
- Additional Services not listed herein (such as managing pay-per click campaigns, copywriting, link baiting, etc.) will be provided for additional fees.
- Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to YBR Marketing Solutions 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 YBR Marketing Solutions and its subcontractors from any liability or suit arising from the use of such elements.
- YBR Marketing Solutions is not responsible for the Client overwriting SEO work to the Client’s site. (e.g., Client/webmaster uploading over work already provided/optimised). The Client will be charged an additional fee for re-constructing content, based on the hourly rate of $120.00 per hour. Notwithstanding any other provision of this Agreement, YBR Marketing Solutions obligation to provide SEO services shall cease in the event the Client’s conduct overwrites the SEO services provided. For example, if the Client’s webmaster uploads content without consulting YBR Marketing Solutions, we reserve the right to charge fees if the changes result in poorer SEO results.