Client acknowledges the following with respect to SEO services:
All fees are non-refundable.
All fees, services, documents, recommendations, and reports are confidential, and shall not be shared with any third parties unless ordered by a court of competent jurisdiction or waived in writing by Whitecap SEO.
Whitecap SEO is not responsible for changes made to the website, either past or future, by other parties that adversely affect the search engine rankings of Client's website.
Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Whitecap SEO 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 Whitecap SEO and its subcontractors from any liability or suit arising from the use of such elements.
Client retains all rights and license to all materials developed.
No third party benefit is intended or to be provided by this Agreement.
If one of the parties believes the other is in breach of this Agreement, the aggrieved party shall so notify the other party in writing or by email, and the accused party shall have 10 days to cure such breach, if any. After such cure period, a party may file suit to enforce the agreement or for any other remedy, but the parties agree that such suit shall be filed only in the courts of the State of Florida, with venue in Miami-Dade County. The laws of Florida shall govern this Agreement.
While Whitecap SEO strives to help increase Client organic traffic and to optimize Client site according to SEO best practices, there are a variety of factors outside of Whitecap SEO's control that can affect search engine rankings for which Whitecap SEO will not be held responsible or accountable, including but not limited to:
Policies of the search engines with respect to types of sites and/or content that they accept, now or in the future.
Exclusion of Client website from any directory or search engine, for any reason, at any time.
Ongoing changes in search engine ranking algorithms and other competitive factors.
Changes in search engine rankings for particular keywords, phrases, or search terms in regard to Client's site.
Length of time that a website must exist in order to be treated equally as competitor sites, also known as "Google Sandbox."
Websites linking to Client's website, regardless of how those links are obtained.
Changes made to Client's website, either in the past or in the future, by other parties.
Security breach to Client's website.
Notices under this Agreement shall be sent to Whitecap SEO at firstname.lastname@example.org and to Client at the email provided.