This Contract is entered into by Luminous Themes, AB (referred to herein as “us”, “we”, “our”) and you (referred to herein as “the Client”, “you”, “yours”) and effective on the specified date below.
We agree to carry out the following Services that will continually adapt to meet the needs of the SEO industry as these evolve. We reserve the right to adjust from time to time the sub-tasks and methods of each deliverable listed in the best interests of your business. We will notify you in writing of any significant change of deliverables and our reasons behind the decision.
We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under this Contract, without your prior consent. If we use subcontractors, we accept full responsibility for every act or omission of the sub-contractor as if it were an act or omission of our own.
Website subject to this Contract:
Description of website and industry:
Description of services provided:
Strategy
Onsite SEO
Reporting
Management
This Contract is entered into with the mutual understanding that a specific search result ranking, Domain Rating, or similar metric is not in any way guaranteed by us to you. It is also mutually understood that since search engines have their own proprietary algorithms that change with time, we will perform the Services within our exclusive scope of abilities in any given moment.
1. You agree to:
This Contract will be effective starting on the payment date. This contract will last for five months after the payment date.
You agree to pay the following fees to us in consideration of the Services we are providing to you:
Commencement date is scheduled for:
Additional Charges. There will be no additional charges within the scope of this package. Any services conducted beyond the scope of this package, and beyond the 15-day development window will result in additional charges.
Disputes. You shall promptly provide us with written notice of any disputes or concerns you have with respect to any invoices, charges, and payments made hereunder; and in any case, you shall notify us of such a dispute or concern within thirty (30) days of your receipt of such invoice or charge to allow ample time for us to resolve your concern.
Effective at the expiration of the mandatory no-cancellation term, either Party has the right to terminate the Contract by giving a minimum of 1 month’s written notice to the other Party assuming you have paid all amounts due or payable to us, excluding those disputed in good faith.
In the event of program termination by Luminous Themes, we will refund you the entire cost of the payment paid to us.
As an exception, either Party has the right to terminate the Agreement immediately, irrespective of the no-cancellation term if the other:
If this Contract is terminated, we will continue to provide the Services and you will continue to pay the fees during any period of notice, except in accordance with the exceptions mentioned above. You will also be required to pay us immediately for any other Services we have provided at your request that have not yet been paid for.
Any and all obligations of the Parties, which either expressly or by their nature continue beyond the termination date of the Contract, will survive termination on a pro-rata basis as agreed to under Payment.
We are confident in the quality of our services. At the end of the three-month follow up period, we will conduct another audit of your website. If you do not see a quantifiable increase in your website search ranking on your top keyword of at least 30% (measured by Google Search Console), and a speed boost of at least 30% in cumulative traffic metrics (measured by Google Lighthouse), then you are entitled to a full refund of the entire cost of this project, in exchange for the removal of any scripts and code we’ve implemented with this project and a website restoration to the state it was in prior to the initiation of the project.
You warrant to:
We warrant:
All warranties or conditions whether express or implied by law are hereby expressly excluded in favor of this Agreement.
You agree that we cannot be held liable for any results outside of our control, such as the quality of leads or sales made by your team. You acknowledge that we have no control over changes to search engine policies or algorithms.
You understand and accept that at any time the third party search engines and platforms in their sole discretion may affect how your website content, pages, and domain are viewed and displayed and thereby, your website may lose rankings or be excluded from search results at the sole discretion of the search engines. You agree to not hold us liable for any such negative impact to your rankings. We assume no responsibility for the actions and algorithms of these search engines and platforms.
Provided that we upheld our obligations hereunder, you agree that no refunds or discounts will be given for any negative impact on the part of any search engine. While we will provide professional advice in relation to the Services on a continual basis, you certify that we have not given nor implied any guarantees regarding your website rankings in search engines due to these beyond our scope and control.
Nothing in this Agreement excludes or seeks to exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
You further agree to:
In addition, we will not be liable by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the express terms contained herein, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our servants or agents or otherwise) in connection with the performance of our obligations under the Contract.
In the event of a breach or failure by us to execute our express obligations under this Contract, your remedies will be limited to a full refund of the costs paid by you.
You agree to indemnify us against all damages, costs, claims and expenses suffered by us where this is caused by you, or your agents or employees. We shall not be liable to you or any other person for any direct, indirect, or consequential damages, or for the loss of data, profit, or revenue arising out of or relating to this Contract, even if it has been advised of the possibility of such potential loss or damage.
You agree to hold harmless, defend and indemnify us, our employees, contractors, directors and agents, from and against any and all demands, claims, causes of action, fines, penalties, damages (including consequential), liabilities, judgments, and expenses (including without limitation reasonable attorneys’ fees) incurred in connection with or arising from any breach by Client or its employees, agents, guests, or invitees of this Contract.
If any action or proceeding is brought against us, our employees, contractors, directors or agents by reason of such claim for which you have indemnified us, you agree to, upon written demand from us, defend the same at your own expense, with counsel reasonably satisfactory to us.
Neither Party shall be liable for any failure or delay in performing their obligations under the Contract where such failure or delay results from any cause that is beyond the reasonable control of that Party.
Such causes include, but are not limited to: power failure, internet service provider failure, strike, lockout, civil unrest, acts of malicious computer programs and code (including but not limited to viruses, Trojan horses, worms, malicious macros, and scripts), shortages, accidents, casualties, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, epidemics or any other event beyond the control of the Party in question.
Each Party undertakes that throughout the term of the Contract, the Parties may disclose certain confidential information to each other. Both Parties agree that they will not use the confidential information provided by the other, except to perform their obligations under the Agreement.
Each Party will maintain the information’s confidentiality and will not disseminate it to any third party, unless so authorised by the other Party in writing.
By submitting the checkbox upon form submission, you are signing this document electronically.
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