As we can accept your order and make a legally enforceable invoice billed to you, we recommend you read these Terms and Conditions to ensure that they contain all that you want and nothing that you are not happy with.
- These Terms and Conditions will apply to the purchase of services by you (the Customer or You) from us (the Supplier or Us or We).
- These are the Terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by the Terms and Conditions.
- Consumer means an individual or business purchasing services from the Supplier.
- Contract means the legally-binding agreement between you and us for the sale and purchase of the Services.
- Services means any services that we supply to you, of the number and description as set out in the Order.
- Order means the Customer’s order for the Services from the Supplier as set out.
- The description of the Services is as follows: writing and publishing articles that contain backlinks and/or promotional content in various third-party websites.
- In the case of Services made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.
Basis of Sale
- The description of the Services in these Terms and Conditions does not constitute a contractual offer to sell the Services.
- When an order has been made, we can reject it with or without good reason, although we will try to tell you the reason without delay.
- A Contract will be formed for the Services ordered, only upon the Supplier sending an Email, SMS or Whatsapp message to the Customer saying that the Order has been accepted or, if earlier, the Supplier’s delivery of Services for the Customer.
- Any quotation is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.
- Most articles will be written by us, however we can accept Customer-submitted articles. When an article has been submitted, we can reject it with or without good reason, although we will try to tell you the reason without delay.
- No variation of the Contract, whether about description of the Services, price or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- The Customer will not disclose the existence of this contract to any third party.
- Basis of sale for placing articles on specific subdomains or subfolders: Although we will make our best efforts to place backlinks on subdomains or subfolders chosen by the Customer, we reserve the right to place any bought backlinks on whatever subdomain or subfolder we choose. The Customer will not use the fact that backlinks were placed on their non-preferred subdomain or subfolder to withdraw from this Contract or request a refund. Refunds will only be permitted when articles have been placed on incorrect domains.
- Basis of sale for articles that are deleted post-sale: the Customer accepts that there is a minute risk that the pages containing their backlinks may be removed by blog administrators. In such cases, we will migrate the Customer’s backlinks to another website of similar domain authority (+/- 10 DA) up to 180 days post-payment. If backlinks or entire articles are removed for any reason, the Customer will not use this as a reason to withdraw from this Contract or request a refund.
- Basis of sale for articles that are not indexed, de-indexed or blacklisted by Google: the Customer accepts that searchengineways is a service for writing articles, publishing articles and securing backlinks only, and there is no guarantee that articles will be indexed in Google, nor is it a part of the searchengineways service. The Customer also accepts that there is a small, although possible chance that articles will be not indexed or de-indexed by Google after publishing. If articles are not indexed or de-indexed by Google, the Customer will not use this as a reason to withdraw from this Contract or request a refund.
- Basis of sale for anchor texts: The Customer accepts that their Article will not always contain their preferred anchor text and / or URL. Many websites cannot accept certain anchor texts and URLs, and we cannot guarantee any anchor texts or URLs. If an Article is published with a different anchor text or URL than your preference, this will not be grounds for a refund or an early termination of the Service.
- Basis of sale for turnaround times: the Customer accepts that each order could take anywhere from 7-120 days to fulfil. The Customer also accepts that any turnaround times stated via email, Whatsapp, price lists, or otherwise are only indicative and the actual order may take longer than expected. The Customer will not use the fact that the order took longer than expected or longer than the quoted turnaround time to withdraw from this Contract or request a refund. Refunds will be only be permitted when orders are not successfully completed within 120 days.
- Basis of sale for article niche, topic, quality and relevancy: the Customer accepts that all articles written are created to meet the publisher’s or blog’s requirements only, not the Customer’s requirements or requests. Therefore, the client will not use article relevancy, niche, topic or quality as a reason to withdraw from this Contract or request a refund.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Customer where we, the Supplier and you the Customer, enter the Contract after you make payment for Services from the Supplier. The Contract is not a contract for which an offer was made by the Customer via Email, telephone, in-person, SMS or Whatsapp. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, e.g. by giving cancellation rights pursuant to consumer protection law.
- Should an article be de-indexed by Google or removed for any reason, our refund policy is as follows: (1) if the article is removed within 45 days of the order being confirmed, a full refund will be given; (2) if the article is removed between 45-180 days of the order being confirmed, no refund will be given but the article will be migrated to a website of similar domain authority (+/- 10 DA); (3) if articles are removed beyond 180 days of purchasing, we are not obliged to any refund or replacements, however we will likely offer an in-kind replacement to a website of similar domain authority (+/- 10 DA) to maintain good business relations.
- For refunds on payments that have been made via PayPal, Paypal’s service fees (4.4%) will not be refunded.
Article Re-writing Policy
- If an article needs to be re-written due to any reason, the Customer agrees to pay a re-writing fee of $50 per article.
Insight and Confidentiality
- The Customer shall hold in confidence and shall not disclose to any third party without prior written consent of the Supplier the material contents of this Agreement unless disclosure is required by law, regulation, or order of a court of competent jurisdiction. The Customer under an obligation to make a disclosure as defined here in above shall use their best efforts to notify the Supplier before making the disclosure.
- The Customer shall not at any time hereafter disclose or communicate to any person any confidential information concerning the business, accounts, financial or contractual arrangements or other dealings, transactions or affairs of this Contract and the Services except for when disclosure is required by law, regulation, or order of a court of a competent jurisdiction.
Price and Payment
- The price of the Services and any other charges associated with the services is that as agreed upon with the Consumer in writing via email, SMS or Whatsapp.
- Prices and charges do not include GST at the time of the Order.
- Payment for Services must be made within 7 days of the Order agreement. You must pay via direct bank transfer, PayPal or Payoneer. If paid via PayPal, the Customer will incur a 4.4% processing fee on top of the order amount.
Withdrawal and Cancellation
- You can cancel or withdraw from the Order by telling us no later than 12 hours after the order was made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- Once the order is made and over 12 hours have passed, you cannot withdraw or cancel it for any reason, including the following: change of mind, expectations on turnaround time or speed of delivery, being posted to a different subfolder or subdomain than the order was made for, or any other reason. Beyond 12 hours after the order was placed, a significant amount of work has already been performed by the Supplier and the full order amount must be paid by the client.
- We have a legal duty to supply the Services in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon payment, the Services will:
- be of a satisfactory quality
- conform to their description
- It is not a failure to conform if the failure has its origin in your actions.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control, the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to withdrawal and cancellation.
- By placing an order or registering as a user at searchengineways.com, you grant us the right to email you regarding your order, transaction, shipping and product, as well as add your contact details to our database. Occasionally, we may contact you about offers and new products. You can easily be removed from marketing communications by replying “unsubscribe” to each email or by emailing our customer service team at firstname.lastname@example.org. We will not misuse or share your data with third parties without prior warning.
- The Supplier does not exclude liability for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Customer because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business trade, craft or profession.
Copyright and Trademark Notice
- The SearchEngineWays name and logo is protected by copyright. No use of the trademark, copyright, or intellectual property rights may be made without prior written consent. We understand however that our images may be used on personal blogs and social media as long as credit is given to searchengineways with a link to our website.
Governing Law, Jurisdiction and Complaints
- The Contract (including any non-contractual matters) is governed by the Laws of India.
- Disputes can be submitted to the jurisdiction of the courts of India.
- We try to avoid any dispute, so we deal with complaints as follows: if a dispute occurs customers should contact us directly at email@example.com. We will aim to respond with an appropriate solution within 1-5 business days.