Please read these terms of service carefully. They govern the use of this website and provision of LISTING HELP DESK’s services described on this page, acceptance of which constitutes a legally binding contract.
These terms apply to www.ListingHelpDesk.com and any products or services purchased from us.
All services purchased are delivered immediately upon receipt of the appropriate information from a business customer.
This Agreement is by and between LISTING HELP DESK, its Clients their heirs, assigns, agents and contractors and Users of LISTING HELP DESK’s website. By accessing the LISTING HELP DESK website, you acknowledge and agree that you have read, understood, acknowledged and agreed to be bound by all the terms and conditions of this Agreement.
LEGAL NOTICES
LISTING HELP DESK provides a local directory management service for business owners or authorized managers. We are an independent organization and by registering with us, you authorize us to represent your business on your Google My Business listing with the information you provide. We are not endorsed by or partnered with Google.
Customer satisfaction is our number one priority. If there is an issue or you need further clarification in regards to the service, please contact us for further assistance. You can contact us by email help@listinghelpdesk.com or 877-373-8393
Listing Help Desk is a DBA of RainMakers WorldWide, LLC
113 Cherry St. #17940
Seattle, WA 98104
NO GUARANTEES
While LISTING HELP DESK will use its best efforts to help you claim and optimize your business listing, we do so on an as is basis and make no guarantees of your ranking or any guaranteed traffic or increase in customers, phone calls, cite visitors, or sales. We are confident our services work but do not control Google or any other search engine and are therefore unable to guarantee a specific level of traffic or rank increase.
LINKS TO OTHER WEBSITES
Links to other websites are provided for your convenience. LISTING HELP DESK does not control these other websites and cannot be responsible for the content or accuracy of the information or other material on these websites. Unless expressly stated on this website, the provision of a link to an external website does not constitute an endorsement or approval of that website or any of the products or services on that website. LISTING HELP DESK will not be liable for any damages or injury arising from your access to such sites or content.
TERMS OF SERVICE
LISTING HELP DESK offers internet marketing services that include, but not limited to: search engine optimization (hereinafter “SEO”), Google Adwords®, Facebook and other Social Media advertising, Link Building, and Web design/development.
QUOTE FOR PROVISION OF SERVICES
All quotes supplied by LISTING HELP DESK are valid for 7 days from the date the quote is provided. LISTING HELP DESK may amend this provision during promotional periods. Acceptance can be provided in writing, via electronic mail, in writing or via fax.
COMMENCEMENT OF SERVICES
LISTING HELP DESK will send Client an email requesting additional information for the Project Brief. LISTING HELP DESK will commence work within fourteen (14) days after the date of receipt of information.
LISTING HELP DESK will use its best endeavors to provide Service to Client within a reasonable timeframe. LISTING HELP DESK is not liable for delays to project or anticipated timeframes for delivery of service.
PAYMENT TERMS
Client agrees to pay for the Products and Services in full prior to work commencing on the Project Brief, unless otherwise agreed at LISTING HELP DESK’s discretion. Invoices are payable due on receive from the date of the invoice.
Client may request a full refund within seven (7) days of remitting payment to LISTING HELP DESK, unless fulfillment work has commenced. Client acknowledges that no refunds are available once work has commenced on the Project and additional requests for refunds will require Management review. Business listing services to claim, verify and optimize a Google listing are a one time fee with no monthly or reoccuring fees.
In the event Client also chooses to have LISTING HELP DESK provide additional SEO or other internet marketing services, a one-time setup fee will be assessed, and payment is required prior to work commencing. Monthly maintenance fees are not included in the setup fee and all fees will be outlined in a separate contract signed by both Parties. Client will be billed for each month for the maintenance fee until customer provides LISTING HELP DESK with a written cancellation request.
If Client provides LISTING HELP DESK with their credit card information, you authorize LISTING HELP DESK to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with LISTING HELP DESK cancellation policy.
All payments to LISTING HELP DESK will be made in USD (US Dollars).
LATE OR NON-PAYMENT: If payment has been declined or has not been made, Client’s account will be suspended and a reactivation fee of $50 will apply.
If payment has not been received after 30 days, this will result in termination of our services and any links and SEO work will be removed. Cancelled accounts cannot be reactivated and any account history or information will not be retrievable. No refund will be given thereafter.
CLIENT OBLIGATIONS
Client will provide LISTING HELP DESK with reasonable direct and remote access to its directory listings, website, social media profiles and shall provide such other reasonable assistance as LISTING HELP DESK may request, including, but not limited to, providing source code and other statistical, diagnostic information and other relevant information required to enable LISTING HELP DESK to comply with its obligations under this Agreement.
LISTING HELP DESK shall provide the Services during the continuance of this Agreement LISTING HELP DESK will use reasonable efforts to provide Client with the Services in accordance with the estimated timeline set out in the Project Brief.
Where the Service being provided requires, LISTING HELP DESK will liaise with the relevant web agency, hosting company or other third party in order to provide the Services. LISTING HELP DESK shall not be liable for any act or omission by the relevant web agency, hosting company or other third party, if such act or omission results in LISTING HELP DESK breaching its obligations under this Agreement.
LISTING HELP DESK will not make changes to or update a Customer’s website prior to written or verbal consent from the Customer, stating that LISTING HELP DESK have the right to make the agreed changes and the Customer, as the website owner, agrees to and takes full responsibility for those changes being made.
IMPLEMENTATION OF SEO SERVICE
LISTING HELP DESK guarantees that Client’s website will appear on designated Search Engines within an agreed period of time of the Commencement Date. If LISTING HELP DESK is unable to achieve this ranking within that time period, LISTING HELP DESK agrees to provide further optimization services until such time when Client’s website is listed.
Client acknowledges that the guarantee applies only to selected keywords chosen by the Client. LISTING HELP DESK will advise Client to which keywords guarantee applies.
Client acknowledges that Search Engine Optimization (“SEO”) is governed by many factors which are outside the direct control of LISTING HELP DESK. Search Engines are third party systems with unknown variables, algorithms and indexing decisions that can change at any time and without notice over which we have no control. LISTING HELP DESK will use best efforts, techniques and accepted standards to improve Client’s Search Engine Ranking but cannot guarantee of #1 ranking of Client’s website on any major Search Engine using Client’s desired keywords. Client further acknowledges that the website’s ranking with a particular Search Term will rely on both the relevancy of that term on your pages, and the popularity of that term on other websites.
Client further acknowledges and understands that a website’s rankings may go backwards. Client agrees if this were to happen, no liability will be on LISTING HELP DESK and no refunds or discounts given.
LISTING HELP DESK is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
LISTING HELP DESK is not responsible for the Client overwriting LISTING HELP DESK’s work to the Client’s site. (e.g., Client/webmaster uploading over work already provided/optimized). The Client will be charged an additional fee for re-constructing content.
LISTING HELP DESK follows a strictly ethical SEO policy and will not be responsible for any bans or search engine suspension for the following:
INSTAGRAM, FACEBOOK AND SOCIAL MEDIA ADVERTISING
If client purchases social media services, LISTING HELP DESK agrees to promote Client’s company on Facebook® and/or Social Media sites including but not limited to TwitterTM, YouTubeTM, DiggTM and LinkedInTM and Google My Business® through targeted advertising campaigns per the agreed specifications set out in the Project Brief.
Client agrees to provide LISTING HELP DESK with information (ad banners and web site links) within ten working days after the Commencement Date and further agrees that they will comply with any technical specifications provided to the customer by LISTING HELP DESK. Drafts will be sent to Client for approval before being submitted to the relevant site.
Client agrees that any images to be used in advertisements will be supplied to LISTING HELP DESK. Client acknowledges that if images are not provided, additional design fees may be payable. LISTING HELP DESK will include these additional fees on the invoice.
Client acknowledges that Facebook and other social media sites reserve the right to refuse adverts at any time for any reason, whether or not the same has already been acknowledged and/or previously published, including but not limited to for reasons relating to the contents of the advertisement or any technology associated with the advertisement. LISTING HELP DESK will make every effort to create a substitute advertisement. If the advertisement is rejected due to content, LISTING HELP DESK shall require Client to supply new copy acceptable to aforementioned sites. LISTING HELP DESK cannot be held liable for rejection of ads by third party websites. Client acknowledges that if an advertisement previously accepted and displayed on a social media site is then subsequently removed by said site, prior to the end of the agreed period, that LISTING HELP DESK is not liable for this decision and no refund will be payable.
LINK BUILDING
If client purchases a link building program, LISTING HELP DESK shall provide the link building services as specified on the LISTING HELP DESK website and to the agreed specifications on the Project Brief.
The number of links stated in the Project Brief is the number of links that LISTING HELP DESK will provide on the link building report. The number is correct at the point at which the report is generated and quality controlled, whereupon it will be emailed to the Client.
LISTING HELP DESK offers no guarantee for the length of time each link will remain live after the point at which it has been confirmed and reported on the Customer link report.
Client acknowledges that LISTING HELP DESK is not liable for the content of those sites. Use of any such linked web site is at the Client’s own risk.
The inclusion of any link does not imply endorsement by LISTING HELP DESK of the site.
Client acknowledges that linking to “bad neighborhoods” or receiving links from “link farms” can seriously damage all SEO efforts. LISTING HELP DESK does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.
COPYWRITING
When hired to provide copywriting services, LISTING HELP DESK agrees to produce written material for inclusion on Client’s website upon the request of the Client and per the agreed specifications in the Project Brief.
LISTING HELP DESK agrees that it will be the sole author of the work, which will be original work by LISTING HELP DESK copywriter, free of plagiarism. LISTING HELP DESK agrees to use reasonable care to ensure that all facts and statements in the work are true and that the work does not infringe upon any copyright, right of privacy, proprietary right, right of publicity or any other right of a third party
Client may provide additional copy to LISTING HELP DESK. Client accepts full responsibility for all detail contained in the copy provided to LISTING HELP DESK and agrees to use reasonable care to ensure that all facts and statements in the work are true and that the work does not infringe upon any copyright, right of privacy, proprietary right, right of publicity or any other right of a third party.
LISTING HELP DESK acknowledges that Client has the right to edit the work in a time frame agreed upon in advance as it deems appropriate for publication, and that LISTING HELP DESK will cooperate with Client in editing and otherwise reviewing the work prior to publication.
Client agrees that they are responsible for reviewing the final draft for accuracy to include spelling and grammatical errors, statements and assertions. LISTING HELP DESK is not liable for errors discovered after publication.
WEB DESIGN AND DEVELOPMENT
In the event client purchases a website, LISTING HELP DESK agrees to design and develop a website at Client’s request and will deliver the work by to the agreed specifications in the Project Brief.
Client is solely responsible for preparing and posting detailed descriptions of each of its Project Briefs, including providing samples illustrating Client’s creative brief (“samples”), site structure,
number of pages required, the applicable deadline, and other relevant terms and conditions. Client agrees to provide information to LISTING HELP DESK within 30 days of signing the agreed Project Brief.
Client agrees to supply the LISTING HELP DESK with adequate photography or imagery to use in the design; or SEO may recommend a stock photography bundle to suit the project. Client acknowledges that an additional fee may be assessed for any stock photography we acquire.
Client agrees that if it fails to deliver information or content to LISTING HELP DESK to enable development work to commence within thirty (30) days, that LISTING HELP DESK may at its discretion consider the project cancelled. Client also agrees that no refund would be payable under this circumstance and will not hold LISTING HELP DESK liable for subsequent breach of this Agreement.
LISTING HELP DESK will send Client a “Web Draft” once work is completed. Client agrees to review and test website for grammatical, spelling, graphical errors and coding bugs. Client hereby agrees that it is their sole responsibility to notify LISTING HELP DESK of any such errors during the revision cycle and before the final files have been generated. Client agrees to provide feedback and revisions to LISTING HELP DESK within fourteen (14) working days after receipt of the draft.
Client is responsible for acquiring and purchasing a domain name. LISTING HELP DESK may at its discretion advise Client on suitable names.
Client hereby acknowledges that LISTING HELP DESK is not responsible for any errors, grammatical or otherwise found in submitted material Client provides towards the development of the website.
LISTING HELP DESK agrees to resolve any errors or implement revisions requested by Client. Client agrees that a maximum of three revisions are available.
Client acknowledges that any change requests after final approval has been given to LISTING HELP DESK or after website is live in Production, that LISTING HELP DESK reserves the right to require Client sign a new contract and pay any subsequent fees. LISTING HELP DESK will not commence work on subsequent change requests until full payment has been received.
Client acknowledges that LISTING HELP DESK will add a “Web Design” by “LISTING HELP DESK” link to the footer section of each website they work on. This is LISTING HELP DESK’s branding and to remove it will cost $250.
HOSTING
Client’s website should be hosted on a reliable server, based in the country of Search Engine interest, with constant availability, for optimum results.
LISTING HELP DESK may recommend changing Client’s host or server, in order to protect the interests of your web site’s ranking within the Search Engines. LISTING HELP DESK offers no guarantees to interruption of hosting services and cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service.
Client may elect to host their website with LISTING HELP DESK for an additional annual fee. Client agrees to pay the annual hosting charge in advance of commencement of hosting services
Client acknowledges that LISTING HELP DESK may from time to time be required to perform maintenance, upgrades or replacements to servers. LISTING HELP DESK reserves the right to suspend access to such server during the required time to do the maintenance, upgrade or exchange the server. In this event, LISTING HELP DESK will notify Client via e-mail at least 24 hours before the due date and time for maintenance.
INTELLECTUAL PROPERTY AND COPYRIGHT
The technology and content provided on the LISTING HELP DESK Site, unless specified otherwise is owned by or licensed to LISTING HELP DESK. Content includes but not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software.
LISTING HELP DESK and its licensors retain all proprietary rights to that content and technology and by continuing to use this website, Client acknowledges said content and technology is protected by Australian and international intellectual property laws.
For all content, imagery or photography provided to LISTING HELP DESK in the provision of services, Client hereby warrants:
(including but not limited to, those governing export control, consumer protection, unfair
competition, or criminal law);
are designed to limit or destroy the functionality of other computer software or hardware.
Client agrees to indemnify and hold harmless LISTING HELP DESK, its employees, directors, heirs and assigns against all liability, loss, damage and expense of any nature, including attorneys’ fees, arising out of the publishing, distribution, or transmission of any advertisement submitted by or on behalf of the Client or the linkage of any advertisement to any other material
ASSIGNMENT OF INTELLECTUAL PROPERTY TO CLIENT
All copyright and other intellectual property rights in any work created, commissioned or otherwise acquired by LISTING HELP DESK during the implementation of any contract between LISTING HELP DESK and Client shall remain with LISTING HELP DESK until full payment has been received.
Upon full payment, LISTING HELP DESK hereby agrees to transfer to the Client all rights title and interest in the copyright and other intellectual property rights in all artwork, manuals, information, material reports, source code and other output which is produced, extended or modified during the production of the work outlined.
TERM OF AGREEMENT AND CANCELLATION
The Initial Term for the Agreement for Services shall continue as follows unless otherwise mutually agreed upon in writing:
Cancellations become effective on the day processed by LISTING HELP DESK. Client will be notified of the cancellation via email.
If Client cancels before the end of the initial contract term a $50 penalty will be assessed.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
LISTING HELP DESK warrants that the services provided will at the time of delivery correspond to the specifications provided in the agreed upon Project Brief.
Client acknowledges that LISTING HELP DESK does not warrant or make any representations concerning the accuracy of design, content, features, functions and performance of any webpages created by LISTING HELP DESK or any advertisement placed on social media websites or otherwise, nor does it warrant or make any representations concerning the accuracy, likely results, or reliability of any optimization services it provides.
Client hereby agrees that the responsibility to check the performance, accuracy and quality of any web pages created by LISTING HELP DESK rests solely with them.
Client hereby agrees that LISTING HELP DESK is not liable for any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
Client agrees LISTING HELP DESK is not liable for absence of services as a result of illness or holiday.
The content on this Site is for general information only and use and is not intended to address your particular requirements. In particular, the content does not constitute any form of advice, recommendation or arrangement by LISTING HELP DESK and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate
independent advice should be obtained before making any such decision. Any arrangements made between Client and any third party named on this Site is at Client’s sole risk and responsibility.
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITATION, LISTING HELP DESK MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL LISTING HELP DESK OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, ACCOUNT PROVIDERS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “LISTING HELP DESK”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF LISTING HELP DESK SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, LISTING HELP DESK IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF LISTING HELP DESK TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
TERMINATION
Save as provided in this Agreement each party shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed by one party to the other. Each party shall restrict disclosure of such confidential material to such of its employees as need to know the same for
the purpose of discharging its obligations under the Agreement and shall ensure that such employees are subject to corresponding obligations of confidentiality.
INDEMNIFICATION
Client agrees to indemnify and hold harmless LISTING HELP DESK, its employees, directors, heirs and assigns against all liability, loss, damage and expense of any nature, including attorneys’ fees, arising out of the publishing, distribution, or transmission of any advertisement submitted by or on behalf of the Client or the linkage of any advertisement to any other material.
SEVERABILITY
If any provision of these Terms is held to be unenforceable, or invalid, for any reason, then that provision is deemed to be modified to the extent required to remedy the unenforceability or invalidity or if it is not possible to remedy the unenforceability or invalidity, that provision is to be severed from these Terms and these Terms will otherwise remain in full force.
ENTIRE CONTRACT
These Terms are the entire agreement between the parties regarding the use of this Website and the purchase of any services and supersedes all previous negotiations, commitments and agreements about the website and the services.
These terms apply to www.ListingHelpDesk.com and any products or services purchased from us.
All services purchased are delivered immediately upon receipt of the appropriate information from a business customer.
This Agreement is by and between LISTING HELP DESK, its Clients their heirs, assigns, agents and contractors and Users of LISTING HELP DESK’s website. By accessing the LISTING HELP DESK website, you acknowledge and agree that you have read, understood, acknowledged and agreed to be bound by all the terms and conditions of this Agreement.
LEGAL NOTICES
LISTING HELP DESK provides a local directory management service for business owners or authorized managers. We are an independent organization and by registering with us, you authorize us to represent your business on your Google My Business listing with the information you provide. We are not endorsed by or partnered with Google.
Customer satisfaction is our number one priority. If there is an issue or you need further clarification in regards to the service, please contact us for further assistance. You can contact us by email help@listinghelpdesk.com or 877-373-8393
Listing Help Desk is a DBA of RainMakers WorldWide, LLC
113 Cherry St. #17940
Seattle, WA 98104
NO GUARANTEES
While LISTING HELP DESK will use its best efforts to help you claim and optimize your business listing, we do so on an as is basis and make no guarantees of your ranking or any guaranteed traffic or increase in customers, phone calls, cite visitors, or sales. We are confident our services work but do not control Google or any other search engine and are therefore unable to guarantee a specific level of traffic or rank increase.
LINKS TO OTHER WEBSITES
Links to other websites are provided for your convenience. LISTING HELP DESK does not control these other websites and cannot be responsible for the content or accuracy of the information or other material on these websites. Unless expressly stated on this website, the provision of a link to an external website does not constitute an endorsement or approval of that website or any of the products or services on that website. LISTING HELP DESK will not be liable for any damages or injury arising from your access to such sites or content.
TERMS OF SERVICE
LISTING HELP DESK offers internet marketing services that include, but not limited to: search engine optimization (hereinafter “SEO”), Google Adwords®, Facebook and other Social Media advertising, Link Building, and Web design/development.
QUOTE FOR PROVISION OF SERVICES
All quotes supplied by LISTING HELP DESK are valid for 7 days from the date the quote is provided. LISTING HELP DESK may amend this provision during promotional periods. Acceptance can be provided in writing, via electronic mail, in writing or via fax.
COMMENCEMENT OF SERVICES
LISTING HELP DESK will send Client an email requesting additional information for the Project Brief. LISTING HELP DESK will commence work within fourteen (14) days after the date of receipt of information.
LISTING HELP DESK will use its best endeavors to provide Service to Client within a reasonable timeframe. LISTING HELP DESK is not liable for delays to project or anticipated timeframes for delivery of service.
PAYMENT TERMS
Client agrees to pay for the Products and Services in full prior to work commencing on the Project Brief, unless otherwise agreed at LISTING HELP DESK’s discretion. Invoices are payable due on receive from the date of the invoice.
Client may request a full refund within seven (7) days of remitting payment to LISTING HELP DESK, unless fulfillment work has commenced. Client acknowledges that no refunds are available once work has commenced on the Project and additional requests for refunds will require Management review. Business listing services to claim, verify and optimize a Google listing are a one time fee with no monthly or reoccuring fees.
In the event Client also chooses to have LISTING HELP DESK provide additional SEO or other internet marketing services, a one-time setup fee will be assessed, and payment is required prior to work commencing. Monthly maintenance fees are not included in the setup fee and all fees will be outlined in a separate contract signed by both Parties. Client will be billed for each month for the maintenance fee until customer provides LISTING HELP DESK with a written cancellation request.
If Client provides LISTING HELP DESK with their credit card information, you authorize LISTING HELP DESK to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with LISTING HELP DESK cancellation policy.
All payments to LISTING HELP DESK will be made in USD (US Dollars).
LATE OR NON-PAYMENT: If payment has been declined or has not been made, Client’s account will be suspended and a reactivation fee of $50 will apply.
If payment has not been received after 30 days, this will result in termination of our services and any links and SEO work will be removed. Cancelled accounts cannot be reactivated and any account history or information will not be retrievable. No refund will be given thereafter.
CLIENT OBLIGATIONS
Client will provide LISTING HELP DESK with reasonable direct and remote access to its directory listings, website, social media profiles and shall provide such other reasonable assistance as LISTING HELP DESK may request, including, but not limited to, providing source code and other statistical, diagnostic information and other relevant information required to enable LISTING HELP DESK to comply with its obligations under this Agreement.
LISTING HELP DESK shall provide the Services during the continuance of this Agreement LISTING HELP DESK will use reasonable efforts to provide Client with the Services in accordance with the estimated timeline set out in the Project Brief.
Where the Service being provided requires, LISTING HELP DESK will liaise with the relevant web agency, hosting company or other third party in order to provide the Services. LISTING HELP DESK shall not be liable for any act or omission by the relevant web agency, hosting company or other third party, if such act or omission results in LISTING HELP DESK breaching its obligations under this Agreement.
LISTING HELP DESK will not make changes to or update a Customer’s website prior to written or verbal consent from the Customer, stating that LISTING HELP DESK have the right to make the agreed changes and the Customer, as the website owner, agrees to and takes full responsibility for those changes being made.
IMPLEMENTATION OF SEO SERVICE
LISTING HELP DESK guarantees that Client’s website will appear on designated Search Engines within an agreed period of time of the Commencement Date. If LISTING HELP DESK is unable to achieve this ranking within that time period, LISTING HELP DESK agrees to provide further optimization services until such time when Client’s website is listed.
Client acknowledges that the guarantee applies only to selected keywords chosen by the Client. LISTING HELP DESK will advise Client to which keywords guarantee applies.
Client acknowledges that Search Engine Optimization (“SEO”) is governed by many factors which are outside the direct control of LISTING HELP DESK. Search Engines are third party systems with unknown variables, algorithms and indexing decisions that can change at any time and without notice over which we have no control. LISTING HELP DESK will use best efforts, techniques and accepted standards to improve Client’s Search Engine Ranking but cannot guarantee of #1 ranking of Client’s website on any major Search Engine using Client’s desired keywords. Client further acknowledges that the website’s ranking with a particular Search Term will rely on both the relevancy of that term on your pages, and the popularity of that term on other websites.
Client further acknowledges and understands that a website’s rankings may go backwards. Client agrees if this were to happen, no liability will be on LISTING HELP DESK and no refunds or discounts given.
LISTING HELP DESK is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
LISTING HELP DESK is not responsible for the Client overwriting LISTING HELP DESK’s work to the Client’s site. (e.g., Client/webmaster uploading over work already provided/optimized). The Client will be charged an additional fee for re-constructing content.
LISTING HELP DESK follows a strictly ethical SEO policy and will not be responsible for any bans or search engine suspension for the following:
- • duplicate sites, duplicate content or pages, redirects or doorway pages.
- • link farms or any spanning techniques which may harm the web site’s ranking with Google.
- • Increased traffic or sales
- • hiddenlinks
- • automated web site submission software or websites
| Client acknowledges that LISTING HELP DESK will add an “SEO Services” by “LISTING HELP DESK” link to the footer section of each website they work on. This is LISTING HELP DESK’s branding and to remove it will cost $250. |
| LISTING HELP DESK will send a draft to Client once work is complete. Client agrees to review and approve said draft within fourteen (14) business days. LISTING HELP DESK is not liable for errors or omissions once the ads are deployed. |
If client purchases social media services, LISTING HELP DESK agrees to promote Client’s company on Facebook® and/or Social Media sites including but not limited to TwitterTM, YouTubeTM, DiggTM and LinkedInTM and Google My Business® through targeted advertising campaigns per the agreed specifications set out in the Project Brief.
Client agrees to provide LISTING HELP DESK with information (ad banners and web site links) within ten working days after the Commencement Date and further agrees that they will comply with any technical specifications provided to the customer by LISTING HELP DESK. Drafts will be sent to Client for approval before being submitted to the relevant site.
Client agrees that any images to be used in advertisements will be supplied to LISTING HELP DESK. Client acknowledges that if images are not provided, additional design fees may be payable. LISTING HELP DESK will include these additional fees on the invoice.
Client acknowledges that Facebook and other social media sites reserve the right to refuse adverts at any time for any reason, whether or not the same has already been acknowledged and/or previously published, including but not limited to for reasons relating to the contents of the advertisement or any technology associated with the advertisement. LISTING HELP DESK will make every effort to create a substitute advertisement. If the advertisement is rejected due to content, LISTING HELP DESK shall require Client to supply new copy acceptable to aforementioned sites. LISTING HELP DESK cannot be held liable for rejection of ads by third party websites. Client acknowledges that if an advertisement previously accepted and displayed on a social media site is then subsequently removed by said site, prior to the end of the agreed period, that LISTING HELP DESK is not liable for this decision and no refund will be payable.
LINK BUILDING
If client purchases a link building program, LISTING HELP DESK shall provide the link building services as specified on the LISTING HELP DESK website and to the agreed specifications on the Project Brief.
The number of links stated in the Project Brief is the number of links that LISTING HELP DESK will provide on the link building report. The number is correct at the point at which the report is generated and quality controlled, whereupon it will be emailed to the Client.
LISTING HELP DESK offers no guarantee for the length of time each link will remain live after the point at which it has been confirmed and reported on the Customer link report.
Client acknowledges that LISTING HELP DESK is not liable for the content of those sites. Use of any such linked web site is at the Client’s own risk.
The inclusion of any link does not imply endorsement by LISTING HELP DESK of the site.
Client acknowledges that linking to “bad neighborhoods” or receiving links from “link farms” can seriously damage all SEO efforts. LISTING HELP DESK does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.
COPYWRITING
When hired to provide copywriting services, LISTING HELP DESK agrees to produce written material for inclusion on Client’s website upon the request of the Client and per the agreed specifications in the Project Brief.
LISTING HELP DESK agrees that it will be the sole author of the work, which will be original work by LISTING HELP DESK copywriter, free of plagiarism. LISTING HELP DESK agrees to use reasonable care to ensure that all facts and statements in the work are true and that the work does not infringe upon any copyright, right of privacy, proprietary right, right of publicity or any other right of a third party
Client may provide additional copy to LISTING HELP DESK. Client accepts full responsibility for all detail contained in the copy provided to LISTING HELP DESK and agrees to use reasonable care to ensure that all facts and statements in the work are true and that the work does not infringe upon any copyright, right of privacy, proprietary right, right of publicity or any other right of a third party.
LISTING HELP DESK acknowledges that Client has the right to edit the work in a time frame agreed upon in advance as it deems appropriate for publication, and that LISTING HELP DESK will cooperate with Client in editing and otherwise reviewing the work prior to publication.
Client agrees that they are responsible for reviewing the final draft for accuracy to include spelling and grammatical errors, statements and assertions. LISTING HELP DESK is not liable for errors discovered after publication.
WEB DESIGN AND DEVELOPMENT
In the event client purchases a website, LISTING HELP DESK agrees to design and develop a website at Client’s request and will deliver the work by to the agreed specifications in the Project Brief.
Client is solely responsible for preparing and posting detailed descriptions of each of its Project Briefs, including providing samples illustrating Client’s creative brief (“samples”), site structure,
number of pages required, the applicable deadline, and other relevant terms and conditions. Client agrees to provide information to LISTING HELP DESK within 30 days of signing the agreed Project Brief.
Client agrees to supply the LISTING HELP DESK with adequate photography or imagery to use in the design; or SEO may recommend a stock photography bundle to suit the project. Client acknowledges that an additional fee may be assessed for any stock photography we acquire.
Client agrees that if it fails to deliver information or content to LISTING HELP DESK to enable development work to commence within thirty (30) days, that LISTING HELP DESK may at its discretion consider the project cancelled. Client also agrees that no refund would be payable under this circumstance and will not hold LISTING HELP DESK liable for subsequent breach of this Agreement.
LISTING HELP DESK will send Client a “Web Draft” once work is completed. Client agrees to review and test website for grammatical, spelling, graphical errors and coding bugs. Client hereby agrees that it is their sole responsibility to notify LISTING HELP DESK of any such errors during the revision cycle and before the final files have been generated. Client agrees to provide feedback and revisions to LISTING HELP DESK within fourteen (14) working days after receipt of the draft.
Client is responsible for acquiring and purchasing a domain name. LISTING HELP DESK may at its discretion advise Client on suitable names.
Client hereby acknowledges that LISTING HELP DESK is not responsible for any errors, grammatical or otherwise found in submitted material Client provides towards the development of the website.
LISTING HELP DESK agrees to resolve any errors or implement revisions requested by Client. Client agrees that a maximum of three revisions are available.
Client acknowledges that any change requests after final approval has been given to LISTING HELP DESK or after website is live in Production, that LISTING HELP DESK reserves the right to require Client sign a new contract and pay any subsequent fees. LISTING HELP DESK will not commence work on subsequent change requests until full payment has been received.
Client acknowledges that LISTING HELP DESK will add a “Web Design” by “LISTING HELP DESK” link to the footer section of each website they work on. This is LISTING HELP DESK’s branding and to remove it will cost $250.
HOSTING
Client’s website should be hosted on a reliable server, based in the country of Search Engine interest, with constant availability, for optimum results.
LISTING HELP DESK may recommend changing Client’s host or server, in order to protect the interests of your web site’s ranking within the Search Engines. LISTING HELP DESK offers no guarantees to interruption of hosting services and cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service.
Client may elect to host their website with LISTING HELP DESK for an additional annual fee. Client agrees to pay the annual hosting charge in advance of commencement of hosting services
Client acknowledges that LISTING HELP DESK may from time to time be required to perform maintenance, upgrades or replacements to servers. LISTING HELP DESK reserves the right to suspend access to such server during the required time to do the maintenance, upgrade or exchange the server. In this event, LISTING HELP DESK will notify Client via e-mail at least 24 hours before the due date and time for maintenance.
INTELLECTUAL PROPERTY AND COPYRIGHT
The technology and content provided on the LISTING HELP DESK Site, unless specified otherwise is owned by or licensed to LISTING HELP DESK. Content includes but not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software.
LISTING HELP DESK and its licensors retain all proprietary rights to that content and technology and by continuing to use this website, Client acknowledges said content and technology is protected by Australian and international intellectual property laws.
For all content, imagery or photography provided to LISTING HELP DESK in the provision of services, Client hereby warrants:
| • they own the intellectual property rights in that content; |
| • |
| • |
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competition, or criminal law);
• that content is not defamatory, unlawfully threatening or unlawfully harassing; and • that content does not contain viruses or other computer codes, files or programs which
| LISTING HELP DESK reserves the right to refuse any content it considers to be in contravention with any of the above statements. STOCK IMAGERY/PHOTOGRAPHY Client acknowledges that copyright to any stock imagery or photography used on Client’s websites is retained by the owner. Client acknowledges that such images can therefore not be used or re-used for any other purpose and can only be used as they were placed onto your website by LISTING HELP DESK. Any editing of the dimensions in which they appear may contravene their usage rights. |
| TRUTH IN ADVERTISING Client hereby warrants that there is nothing in any advertisement or other material provided to LISTING HELP DESK, or in any material to which the advertisement or other material links or refers, that violates any personal or proprietary right of any third party, constitutes false advertising, is harmful, or violates any law or governmental regulation. |
ASSIGNMENT OF INTELLECTUAL PROPERTY TO CLIENT
All copyright and other intellectual property rights in any work created, commissioned or otherwise acquired by LISTING HELP DESK during the implementation of any contract between LISTING HELP DESK and Client shall remain with LISTING HELP DESK until full payment has been received.
Upon full payment, LISTING HELP DESK hereby agrees to transfer to the Client all rights title and interest in the copyright and other intellectual property rights in all artwork, manuals, information, material reports, source code and other output which is produced, extended or modified during the production of the work outlined.
TERM OF AGREEMENT AND CANCELLATION
The Initial Term for the Agreement for Services shall continue as follows unless otherwise mutually agreed upon in writing:
- • 7 days for Google My Business
- • 90 days for Google AdWords and Social media advertising contracts
- • 180 days for search engine optimization contracts
Cancellations become effective on the day processed by LISTING HELP DESK. Client will be notified of the cancellation via email.
If Client cancels before the end of the initial contract term a $50 penalty will be assessed.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
LISTING HELP DESK warrants that the services provided will at the time of delivery correspond to the specifications provided in the agreed upon Project Brief.
Client acknowledges that LISTING HELP DESK does not warrant or make any representations concerning the accuracy of design, content, features, functions and performance of any webpages created by LISTING HELP DESK or any advertisement placed on social media websites or otherwise, nor does it warrant or make any representations concerning the accuracy, likely results, or reliability of any optimization services it provides.
Client hereby agrees that the responsibility to check the performance, accuracy and quality of any web pages created by LISTING HELP DESK rests solely with them.
Client hereby agrees that LISTING HELP DESK is not liable for any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
Client agrees LISTING HELP DESK is not liable for absence of services as a result of illness or holiday.
The content on this Site is for general information only and use and is not intended to address your particular requirements. In particular, the content does not constitute any form of advice, recommendation or arrangement by LISTING HELP DESK and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate
independent advice should be obtained before making any such decision. Any arrangements made between Client and any third party named on this Site is at Client’s sole risk and responsibility.
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITATION, LISTING HELP DESK MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL LISTING HELP DESK OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, ACCOUNT PROVIDERS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “LISTING HELP DESK”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF LISTING HELP DESK SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, LISTING HELP DESK IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF LISTING HELP DESK TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
TERMINATION
- • Client acknowledges and agrees that LISTING HELP DESK, at its sole discretion, may suspend access to this website, suspend services or terminate this Agreement if the Client:
- • fails to pay any sum due under this Agreement and such sum remains unpaid for 5 days after written notice from LISTING HELP DESK that such sum has not been paid;
- • ceases to carry on business or become insolvent, or have an administrator or receiver appointed or enter into liquidation or enter into any agreement with its creditors; or
- • fails to fulfill any of its obligations under any part of this or any other agreement that it has with LISTING HELP DESK; or
- • interferes with or impairs the Service, or LISTING HELP DESK’s ability to deliver the Services.
- • behaves in a manner found to be unlawful, inconsistent with, or in violation of, the letter or spirit of the terms of this Agreement.
Save as provided in this Agreement each party shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed by one party to the other. Each party shall restrict disclosure of such confidential material to such of its employees as need to know the same for
the purpose of discharging its obligations under the Agreement and shall ensure that such employees are subject to corresponding obligations of confidentiality.
INDEMNIFICATION
Client agrees to indemnify and hold harmless LISTING HELP DESK, its employees, directors, heirs and assigns against all liability, loss, damage and expense of any nature, including attorneys’ fees, arising out of the publishing, distribution, or transmission of any advertisement submitted by or on behalf of the Client or the linkage of any advertisement to any other material.
SEVERABILITY
If any provision of these Terms is held to be unenforceable, or invalid, for any reason, then that provision is deemed to be modified to the extent required to remedy the unenforceability or invalidity or if it is not possible to remedy the unenforceability or invalidity, that provision is to be severed from these Terms and these Terms will otherwise remain in full force.
ENTIRE CONTRACT
These Terms are the entire agreement between the parties regarding the use of this Website and the purchase of any services and supersedes all previous negotiations, commitments and agreements about the website and the services.
PRIVACY POLICY
At Listing Help Desk, your privacy is of paramount importance to us. As a result, we have developed a detailed Privacy Policy to help you understand how we communicate, collect, disclose, and make use of the personal information you share with us.
Commitment to Uphold Your Privacy
To better defend your privacy, we provide an elaborate notice outlining our different online information practices while explaining the choices a user can make about how the information gets collected and used. The notice is available on our homepage as well as across each point where any personally identifiable detail or information may be requested.
Collection of Information
This Privacy Policy applies to every piece of information collected and/or submitted on the LISTING HELP DESK website. There are some pages where a user can request and register to receive one or more materials and use our free Search Engine Optimization (SEO) and Search Engine Marketing (SEM) tools. The categories of personal info collected on these pages include:
Name Name of organization Address Email address Phone number
Web address Description of business issue/s
By opting into our news letters or otherwise requesting information you authorize us to contact you by email, phone, or text message and specifically authorize us to use any available technology as part of the process. Technology includes automated emails, texts and calls.
PRIVACY POLICY
Use of Information
The information you provide to us about yourself as well as your business are employed to achieve the following tasks:
Commitment towards PCI Compliance
To avoid any PCI Concerns, LISTING HELP DESK does not archive, store or save our customer Credit Card Information. We process all payment through SSL Merchant web sites. No information is retained by LISTING HELP DESK
Commitment towards Data Security
To prevent any unauthorized access, ensure data accuracy, and correct use of personal information, we have employed appropriate electronic, physical, and managerial processes to secure and safeguard every bit of information we have collected online.
PRIVACY POLICY
Commitment towards Children’s Privacy
We put immense importance on protecting the privacy of children. Hence, our website does not collect and/or maintain any information from individuals we know are aged under 18. No part of LISTING HELP DESK is structured and designed to attract anyone under the age of 18.
How to Access and/or Correct Information You Shared with Us
You can email us and request to delete your information.
If you have any other question or concern about our privacy policies, please call us at 877-373-8393 or email at help@listinghelpdesk.com
At Listing Help Desk, your privacy is of paramount importance to us. As a result, we have developed a detailed Privacy Policy to help you understand how we communicate, collect, disclose, and make use of the personal information you share with us.
Commitment to Uphold Your Privacy
To better defend your privacy, we provide an elaborate notice outlining our different online information practices while explaining the choices a user can make about how the information gets collected and used. The notice is available on our homepage as well as across each point where any personally identifiable detail or information may be requested.
Collection of Information
This Privacy Policy applies to every piece of information collected and/or submitted on the LISTING HELP DESK website. There are some pages where a user can request and register to receive one or more materials and use our free Search Engine Optimization (SEO) and Search Engine Marketing (SEM) tools. The categories of personal info collected on these pages include:
Name Name of organization Address Email address Phone number
Web address Description of business issue/s
By opting into our news letters or otherwise requesting information you authorize us to contact you by email, phone, or text message and specifically authorize us to use any available technology as part of the process. Technology includes automated emails, texts and calls.
PRIVACY POLICY
Use of Information
The information you provide to us about yourself as well as your business are employed to achieve the following tasks:
- - To respond to your various inquiries
- - Return email addresses are used to answer the received emails. These email addresses are not shared with any outside party and other purposes
- - Non-identifying information are aggregated to improve our website design by better understand customer preferences. For instance, we monitor the number of times individual web pages are visited as indicator of user interest levels across diverse services areas
- - Use aggregated data compiled through our free SEM and SEO tools to analyze and compare search engines
Commitment towards PCI Compliance
To avoid any PCI Concerns, LISTING HELP DESK does not archive, store or save our customer Credit Card Information. We process all payment through SSL Merchant web sites. No information is retained by LISTING HELP DESK
Commitment towards Data Security
To prevent any unauthorized access, ensure data accuracy, and correct use of personal information, we have employed appropriate electronic, physical, and managerial processes to secure and safeguard every bit of information we have collected online.
PRIVACY POLICY
Commitment towards Children’s Privacy
We put immense importance on protecting the privacy of children. Hence, our website does not collect and/or maintain any information from individuals we know are aged under 18. No part of LISTING HELP DESK is structured and designed to attract anyone under the age of 18.
How to Access and/or Correct Information You Shared with Us
You can email us and request to delete your information.
If you have any other question or concern about our privacy policies, please call us at 877-373-8393 or email at help@listinghelpdesk.com