Terms and conditions of Online Marketing & Search Engine Optimization

Provided By:
Magnetic Marketing Group
3225 W. Bavaria Suite 113
Eagle ID 83616

EXECUTIVE SUMMARY

Selecting a Search Engine Optimization (SEO) and online marketing provider is an important decision with significant potential benefits. You want to now your SEO Provider will provide the best possible optimization and related services available. SEO from Magnetic Marketing Group Inc can help you reach a highly motivated target audience (proactive audience) through natural or “Organic” search engine rankings. A proactive audience increases a website’s conversion rate resulting in a positive ROI. Advantages Magnetic Marketing Group Inc SEO includes:

  • Inexpensive source of regular, relevant traffic
  • Results in a higher click through rate as compared to any other program
  • No variable recurring pay-per-click costs
  • Provides highest ROI in the long run as compared to any other online marketing vehicle
  • Generates brand awareness and recognition
  • Higher natural rankings builds trust among searchers

This is an agreement entered into between Magnetic Marketing Group, INC (“Provider“) of 3225 W. Bavaria #113 Eagle ID 83616 and (Client).

Whereas Client has determined it desires the Search Engine Optimization and web marketing services of Provider, as outlined in this agreement, to enhance the website of Client; Provider and Client covenant agree to the process, terms, and responsibilities within this agreement. The effective date of this agreement is the date of checkout and agreement of these terms.

Provider Responsibilities

Provider agrees to provide Client with detailed instructions on changes to Client’s website for the purpose of achieving higher organic search engine rankings selected search terms. If Provider is given administrative access provider will have the authority to make on-site changes directly to Client’s website, its sole responsibilities are to provide details instructions including but not limited to:

  • On-site linking
  • page URL
  • file/folder naming
  • page HTML structure
  • use of HTML tags like <TITLE:>, <H1>, ALT, etc.

 

Provider will also perform off-site optimization that includes, but is not limited to blog posting, blog replies, and article submission, directories, local and national, Digital Press release and other tools in order to achieve links to pages on Client’s site. Provider is NOT obligated to provide access to Provider’s tools or proprietary off-site optimization methods. Provider is NOT obligated to disclose or report anything about its off-site optimization activities or progress.

Client Responsibilities

Client will execute as many of Provider’s instructions as are feasible and practical as changes or updates to its website content. Client recognizes that time is of the essence and will provide these changes and updates expediently. Client will communicate with Provider as such changes are made so that Provider can check the work and also monitor the effect of those changes on site search engine performance.

 

Provider Contact Information

Provider’s Contact Information:

3225 W. Bavaria Suite 113

Eagle ID 83616

208-954-5067

www.mmgroupinc.net

Contract Execution Process

  1. By clicking “I agree” to the Terms and conditions, you are representing and warranting your acknowledgment of these Terms.
  2. By typing in your initials and Name you Represent and Warrant this as the same as your signature to this agreement.
  3. By accepting and agreeing to these terms, You represent that you are the Owner, Manager, duly authorized representative, Member, President or other corporate officer and are binding the company named in the contract to all terms listed herein and to the full value of said contract. You additionally represent to Magnetic Marketing Group Inc, that you have the authority to execute this contract in the name of the company. You also hereby personally guaranty the payment of all obligations herein and hereby agree to bind yourself to pay on demand any sum which may become due if the Client shall fail to pay the same. This guaranty shall be a continuing and irrevocable guaranty and action may be taken against you personally for any non-payment without notice thereof.


SEARCH ENGINE OPTIMIZATION (SEO) PROCESS

SEO Program Specification

The Provider’s Website SEO Program is designed to address search engine algorithms of the largest three search engines (Google, Bing, Yahoo). The scope of the SEO Program is customized according to the needs of the website, the target audience it addresses and the online competition associated with it.  The SEO process is divided into the following three stages:

 

Stage I → Evaluation & Planning

Stage II→ SEO Implementation

Stage III → Monitoring & Maintenance

 

# STAGE I→ Evaluation & Planning Phase: 12 Days

Process Deliverables Timelines
Pre­-optimization Search Engine rank recording   Report Day 12
Content and Structure Recommendations Report Day 20
Weekly Tracking Report Begins Report Weekly or monthly

 

Note:  The Content and Structure Recommendations will contain complete details of the on-page optimization that is needed on the client’s site for SEO purposes. This may include include Title Tag, Meta Tags, Content optimization, Image Alt­Text, File/Directory name optimization, Link Text, Title Attributes etc.

 

# STAGE II → SEO Implementation Phase: 1 Week

 

Process Deliverables Timelines
SEO Implementation Execution  Checklist Day 15
Quality Check of Client Site Optimization (as per instructions provided in Phase I) Checklist Day 21
Changes if any  Checklist Day 25
Off-site Optimization N.A. Day 20 (and ongoing)

 

Notes: The Quality Check will be carried out upon completion of SEO Implementation Execution

 

# STAGE III Monitoring & Maintenance Phase: Ongoing

 

Process Deliverables Timelines
Weekly or Monthly reporting Report Weekly upon request
Weekly review of the effect of algorithm changes and competitive threats to search term optimization. Email of Actions Required if Issues Detected Weekly upon request

 

Note:  The purpose of this phase is to retain your site’s dominance of the search terms you invested to attain. During the Monitoring & Maintenance Phase the Provider will proactively manage your rankings to ensure that actions are being taken to prevent competitors from over-taking your search engine results. This service will continue until the end of the term of this agreement.

When can you see Rankings?

Organic or Natural Search Engine rankings are achieved due to a combination of both On­-Page optimization (SEO) and Off­-Page Optimization (Link Building). Realistically, you can expect to see results for some keywords starting 4 to ­6 months from the time optimization has been conducted. Rankings usually stabilize after about two to 4 months after that. Your traffic rises continuously since more and more search engines index more and more optimized pages of your website. We cannot guarantee the time table or an increase in your sales.

How are Ranking Results Measured

An automated weekly tracking report tests each keyword’s results in Google and records and reports them each Thursday. The ranking result positions it records are our way to determine if we have meet our goals for each keyword.

Project Duration

The total SEO process from initial “Evaluation & Planning” to the completion of the “SEO Implementation” phase will take approximately 4 to 6 weeks for optimization of the selected search phrases. However this duration is subject to change based on variables such as the time taken to get a response from the client, discussions, whether any additional content needs to be created on the site, etc.

Non Deliverables

The SEO project scope does not include the following:

  • Creation of additional content for the website. Any additional content required to effectively optimize web pages will need to be provided by the client.
  • System administration and configuration of client’s hosting plan
  • Resolving any problems with your ISP or third parties.
  • Inter-­vendor communication.

 

Keyword Phrases

By accepting these terms and conditions, client represents, 1) provider has not yet done the keyword research and will provide the data upon completion of keyword research whereupon client will agree to those terms. 2) Client has seen the keyword research provider has given and agrees to said search terms for the duration of this agreement. Additions or edits in keyword search phrases must be made in writing and are subject to change only with consent of the provider Magnet Marketing Group Inc.

Fees

On National Key word searches all fees are charged from the beginning of the engagement. Monthly recurring billing commences, 30 days later, for monitoring, maintenance and optimization and continued work. Fees will be charged exactly 30 days after you click “I Agree” to the terms and conditions and complete the checkout process.

 

Term

The term of this agreement is for 12 months from the date of the acceptance of the Terms and Conditions and the completions of the Check out Process. The agreement will automatically auto renew at the end of the 12th month for another 12 months unless 30 days written notice is given by client to provide.

Risks

Organic search engine optimization has inherent risks in that the Search Engines, such as Google do not disclose their ranking algorithms. As a result, one can never guarantee or accurately predict results in this type of project. Client engages in this Work Order knowing that such work can, just as easily, adversely affect Client’s organic search results. Provider is not liable for any loss of revenue due to any reduction in website traffic that Client experiences even if such reduction in website traffic is fully a result of Provider’s advice, instructions, or actions.

Indemnification

Each party shall indemnify and hold harmless the other, its directors, officers, employees and agents, from and against any claims, demands, losses, damages or expenses (or actions in respect thereof asserted by any third party), including, without limitation, attorneys’ fees, relating to the gross negligence, intentional misconduct or breach of any representations, warranties or covenants in this Agreement by the indemnifying party.

Independent Contractor Relationship

Nothing contained in this Agreement shall be construed or interpreted by the parties hereto, or by any third party, as creating a relationship of principal and agent, partnership, joint venture, or any other relationship between Client and Provider, other than that of independent contractors for the provision and acceptance of services.

Force Majeure

Neither Client nor Provider shall be liable to each other for any delay or failure to perform its obligations hereunder due to strikes, labor disputes, riots, storms, floods, explosions, acts of God or war (a “Majeure Event”) , fire, lightning, explosion, flood, earth quake, extremely severe weather, or acts of local or central Government or other competent authorities.

Should a breach caused by Force Majeure continue for more than three (3) months, either party shall have a right to terminate this Agreement by giving at least thirty (30) days’ prior written notice.

Warranty Disclaimers

PROVIDER MAKES NO REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW REGARDING THE SERVICES TO BE PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Damage Limitations

EXCEPT IN RESPECT OF LIQUIDATED DAMAGES PURSUANT TO THE NONSOLICITATION PROVISION BELOW:

NEITHER PARTY, NOR THEIR RESPECTIVE AGENTS AND ASSIGNEES, SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INDIRECT OR INCIDENTAL DAMAGES (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, GOODWILL, DATA OR USE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. PROVIDER’S LIABILITY TO CLIENT FOR ANY OTHER DAMAGES RELATING TO THE SERVICES HEREUNDER WILL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE COMPENSATION RECEIVED BY PROVIDER FOR THE MOST RECENTLY COMPLETED BILLING PERIOD IN EFFECT AT THE TIME SUCH CLAIM AROSE.

PROVIDER HAS SET ITS PRICES AND ENTERED INTO THE AGREEMENT IN RELIANCE UPON THESE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT, AND THAT SUCH LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS ARE FUNDAMENTAL ELEMENTS, AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN CLIENT AND PROVIDER. PROVIDER WOULD NOT BE ABLE TO OFFER PROVIDER SERVICES AT THE PRICES AND TERMS OFFERED WITHOUT SUCH LIMITATIONS.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho, county of Ada.

Modification of Agreement

This Agreement may be supplemented, amended, or modified only by the mutual agreement of the parties. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by all parties.

Severability of Agreement

If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from this Agreement, and such provision shall not affect the legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible.

Cancellation of Agreement

Either party may cancel this agreement with thirty (30) days written notice after twelve (12) months from the effective date. The Early Cancellation fee is equal to the remaining unpaid balance of the contract value. The contract value is defined as the sum of twelve (12) months of SEO and Marketing Fees. Cancellation of either the Bronze, Silver, or Gold Local packages corresponds to each plan. Custom Plans for either local or national campaigns, the cancellation fee is the sum of any unpaid remaining balance.

Entire Agreement

This Agreement and Exhibits contain the entire agreement between Client and Provider with respect to the subject matter hereof, and supersede all prior agreements, negotiations and representations, written or oral, relating to its subject matter. Except as provided herein, there are no conditions, representations, warranties, undertakings or agreements between the parties whether direct, indirect, collateral, express or implied. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation, understanding, agreement, commitment or warranty outside those expressly set forth in this Agreement.

 

Client Approval: By clicking “I agree” you accept the terms of this contract.