1. The Service
- These Terms & Conditions govern your use of RaaS Designs (the “Service”), an Internet marketing setup and subscription service operated by Supersonic IT Solutions Pty Limited, (“BJB Global”) that provides users with access to the Website’s marketing and hosting service and/or Search Engine Marketing services (SEO) Search Engine Optimisation (RaaS Designs). SEO (RaaS Designs) is provided to you by Supersonic IT Solutions on an “AS IS”, “AS AVAILABLE” basis subject to the provisions contained herein for your personal or business use only. Any other use or attempt to use RaaS Designs for other purposes, directly or indirectly, by you or by a third party is prohibited.
- Unless explicitly stated otherwise, any new features that augment or enhance the current service shall be subject to these Terms and Conditions of Service. The service consists of search marketing services/search engine optimisation. Your participation in the Service is conditional upon your acceptance of these stated terms and conditions. Please read the following terms and conditions. Your acceptance of these terms and conditions is indicated by your payment for the services.
- c. RaaS Designs reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Such changes or modifications shall be effective immediately upon notice published on the www.RaaSDesigns.com.au site, your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by RaaS Designs as permitted above. If at any time these Terms and Conditions are no longer acceptable to you, you should immediately terminate your subscription to the Service in writing.
2. Disclaimer of Warranties
- You expressly agree that entering or using RaaS Designs is at your own risk. No warranty, representation, condition, undertaking or term – express or implied, statutory or otherwise – including but not limited to the condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability, or fitness for a particular purpose or use of RaaS Designs is given or assumed by all such warranties, representations, conditions, undertakings and terms are hereby excluded.
- RaaS Designs makes no warranty that RaaS Designs will meet your requirements, or that RaaS Designs will be uninterrupted, timely, secure, or error free; RaaS Designs makes no representations as to the suitability of the information available on or through RaaS Designs, including but not limited to user amended sites, for any purpose nor about its legitimacy, legality, validity, accuracy, correctness, reliability, quality, stability, completeness or currency.
- RaaS Designs makes no warranty that a Search Engine Marketing or Search Engine Optimisation campaign will generate any increase in sales, business activity, profits or any other form of improvement for your business or any other purpose.
- RaaS Designs makes no warranty that a Search Engine Marketing or Search Engine Optimisation campaign will lead to any clicks to your business or other information.
- RaaS Designs makes no warranty that a Search Engine Marketing or Search Engine Optimisation campaign will lead to consistent exposure of your business or your keywords during your subscription period (including but not limited to, the position your advertisement is placed on a search result page or the frequency and time of day that your advertisement is displayed). All such information on the user-amended sites is provided by the users.
- The information available on or through RaaS Designs user amended sites is not reviewed, controlled or examined by RaaS Designs in any way before it appears on RaaS Designs.
- RaaS Designs does not endorse, verify or otherwise certify the contents of any such information. Users are solely responsible for the contents of their websites and may be held legally liable or accountable for the contents of their websites (including without limitation in connection with infringement of intellectual property rights of any other party).
- RaaS Designs does not warrant or guarantee: that any information available on or through RaaS Designs will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminative or destructive properties; that the information available on or through RaaS Designs will not contain adult-oriented material, or material which some individuals may deem objectionable; or that the functions or services performed by or through RaaS Designs will be uninterrupted or error-free, or that defects in RaaS Designs will be corrected. It is the sole responsibility of the user to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage user’s information or system.
3. Cancellations Policy
- You must notify RaaS Designs if you do not wish to renew your subscription/monthly management before the end of the current billing cycle. RaaS Designs will automatically renew your subscription at the end of each term and bill the then-current renewal fee to the same credit card or credit line your original subscription fee was billed to, or to the current credit card we have on our files.
- RaaS Designs reserves the right, at its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. RaaS Designs may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability.
- The Initial Term for the Agreement for Services shall continue as follows unless otherwise mutually agreed upon in writing:
- 180 days for search engine optimization contracts
- 90 days for Google AdWords™ and Social media advertising contracts
- Cancellations become effective on the day processed by RaaS Designs. Client will be notified of the cancellation via email.
- If Client cancels before the end of the initial contract term a $250 penalty will be assessed.
4. Fees and Payments
- You agree to pay all fees and charges incurred by you or any third party using your Service account (whether or not authorised by you) at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to applicable taxes, and charges for any products or services offered for sale through the Service by RaaS Designs or by any third party.
- The setup must be paid in full to RaaS Designs before any work on your Service, Search Engine Marketing / Search Engine Optimisation will begin.
- Your right to use the Service is subject to any limits established by your credit card company if billing is through a credit card. You shall be responsible for obtaining all telephone, telephone access lines, computer equipment and other products or services necessary to access and use the Service. You shall be responsible for all charges associated with accessing and maintaining a connection to the Service (e.g. charges imposed by an Internet access provider, or your local telephone company). Ongoing hosting and Search Engine Marketing / Search Engine Optimisation fees will continue automatically, at the end of your subscription until such time as we receive a cancellation in accordance with our Cancellations Policy.
- RaaS Designs shall provide you with a Search Engine Optimisation Service whilst this agreement is in effect, subject to the account being on ongoing management and no outstanding monies.
- If your instalment payment has not been made, as per your payment terms, your account will be suspended until payment has been received and a reactivation fee of $50 will apply. If there is no payment after 90 days for an instalment, as per the payment terms, the account will be cancelled and the account will not be subject to any form of a refund. Cancelled accounts cannot be reactivated and any account history or information will not be retrievable.
- If Client provides RaaS DEsigns with their credit card information, you authorize RaaS Designs 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 RaaS Designs cancellation policy.
- All payments to RaaS Designs will be made in AUD (Australian Dollar).
5. 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.
- For returned cheques due to insufficient funds, RaaS Designs reserves the right to request alternate payment method.
- 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.
6. Client Obligations
- Client will provide RaaS Designs with reasonable direct and remote access to its website, and shall provide such other reasonable assistance as RaaS Designs may request, including, but not limited to, providing source code and other statistical, diagnostic information and other relevant information required to enable RaaS Designs to comply with its obligations under this Agreement.
- RaaS Designs shall provide the Services during the continuance of this Agreement RaaS Designs 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, RaaS Designs will liaise with the relevant web agency, hosting company or other third party in order to provide the Services. RaaS Designs 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 RaaS Designs breaching its obligations under this Agreement.
- RaaS Designs will not make changes to or update a Customer’s website prior to written or verbal consent from the Customer, stating that RaaS Designs 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.
7. Implementation of SEO Service
- Client acknowledges that RaaS Designs may, as part of the client’s SEO campaign, add links and content to the client’s website. If the client chooses to reject these additions, their site may not appear on the first page with chosen keywords.
- Client acknowledges that the site may appear on the first page with selected keywords chosen by the Client.
- Client acknowledges that Search Engine Optimization (“SEO”) is governed by many factors which are outside the direct control of RaaS Designs. 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. RaaS Designs 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 RaaS Designs and no refunds or discounts given.
- RaaS Designs is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
- RaaS Designs is not responsible for the Client overwriting RaaS Designs’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.
- RaaS Designs 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
- hidden links
- automated web site submission software or websites
- Client acknowledges that RaaS Designs will add an “SEO Services” by “RaaS Designs” link to the footer section of each website they work on. This is RaaS Designs’s branding and to remove it will cost $500.00.
8. Implementation of Google AdWords®
- RaaS Designs shall provide Client a management service of a Google AdWords® account in accordance with the terms set out in the Project Brief.
- Client expressly permits RaaS Designs to create a Google AdWords™ account on their behalf. Client acknowledges that Google AdWords™ are subject to Google’s Terms and Conditions. Client’s account will be deemed active once Google™ approves it for online advertising. RaaS Designs is not liable if Client’s account is rejected.
- RaaS Designs acknowledges that Client owns the Google AdWords™ Account developed by RaaS Designs. Upon expiration of the term of this agreement Client may retain the account and all its configuration.
- RaaS Designs will send a draft to Client once work is complete. Client agrees to review and approve said draft within fourteen (14) business days. RaaS Designs is not liable for errors or omissions once the ads are deployed.
10. Link Building
- If requested RaaS Designs shall provide the link building services as specified on the RaaS Designs 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 RaaS Designs 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.
- RaaS Designs 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 RaaS Designs 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 RaaS Designs of the site.
- Client acknowledges that linking to “bad neighborhoods” or receiving links from “link farms” can seriously damage all SEO efforts. RaaS Designs does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.
11. Copy Writing
- RaaS Designs 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.
- RaaS Designs agrees that it will be the sole author of the work, which will be original work by RaaS Designs copywriter, free of plagiarism. RaaS Designs 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 RaaS Designs. Client accepts full responsibility for all detail contained in the copy provided to RaaS Designs 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.
- RaaS Designs 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 RaaS Designs 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. RaaS Designs is not liable for errors discovered after publication.
12. Intellectual Property and Copyright
- The technology and content provided on the RaaS Designs Site, unless specified otherwise is owned by or licensed to RaaS Designs. Content includes but not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software.
- RaaS Designs 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 RaaS Designs in the provision of services, Client hereby warrants:
- they own the intellectual property rights in that content;
- that content does not infringe the intellectual property rights of a third party;
- that content is not fraudulent, stolen, or otherwise unlawful;
- that content does not violate any applicable law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair 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 are designed to limit or destroy the functionality of other computer software or hardware.
- RaaS Designs reserves the right to refuse any content it considers to be in contravention with any of the above statements.
13. 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 RaaS Designs. Any editing of the dimensions in which they appear may contravene their usage rights.
14. Truth in Advertising
- Client hereby warrants that there is nothing in any advertisement or other material provided to RaaS Designs, 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.
- Client agrees to indemnify and hold harmless RaaS Designs, 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
15. Assignment of Intellectual Property to Client
- All copyright and other intellectual property rights in any work created, commissioned or otherwise acquired by RaaS Designs during the implementation of any contract between RaaS Designs and Client shall remain with RaaS Designs until full payment has been received.
- Upon full payment, RaaS Designs 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.
Client acknowledges and agrees that RaaS Designs, 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 RaaS Designs 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 RaaS Designs; or
- interferes with or impairs the Service, or RaaS Designs’ 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.
18. IndemnificationClient agrees to indemnify and hold harmless RaaS Designs, 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.
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.
This agreement is to be governed by the laws of the State of Victoria and the parties hereby submit to the jurisdiction of the courts and Tribunals of Victoria and of the courts hearing appeals from those courts and Tribunals.