This is the legalese that protects you and me.
- Marketing Policy
- Important Definitions
- Things I Require from You during the Service Period
- Contract: Overview
- Contract: Financial Obligation
- Maintenance Contract
- Nick Cavarretta SEO Services
- Search Engine Optimisation: Explanation of Services
- Agreement Disclaimer
- My Payment Terms and Conditions
- My Money Back Policy
- Loss of Service
Please read the following information before engaging Nick Cavarretta. Hopefully this makes it clear for you but if unsure, please ask me.
When you enter into a contract with Nick Cavarretta, you agree to be bound by and consent to these terms and conditions. If there are problems with his services that arise, please contact him immediately in writing, include all relevant information and explain the issue. He will try to settle your complaint in a satisfactory manner.
Section 1. Marketing Policy
- Although Nick Cavarretta won’t reveal information about his to other clients, potential or existing, he does ask that you allow him to mention you in his previous client’s page. This will include a link to your page and an outline that he positioned your website onto Google’s first page with the keyword you can be found with.
Section 2. Important Definitions
- The Client: You, the individual, organization or business that is contracting with Nick Cavarretta.
- Nick Cavarretta: I, the SEO consultant and online marketing consultant.
- Your Site: The website whose page(s) you wish Nick Cavarretta to perform SEO on.
- Page One: The intended search result for a page of Your Site for an Agreed Phrase.
- Agreed Phrase: This is the phrase(s) agreed by The Client and Nick Cavarretta that a specified webpage shall be optimized for.
- Quote Fee: Nick reserves the right to request a non-refundable payment of $75 AUD (or equivalent in other currencies). This does not include a report. It does include a very brief proposal and strategy for Your Site.
- Report Fee: The first step before action can be taken regarding SEO. A report is compiled over two (2) days of at $75 AUD per hour, unless discussed otherwise via email.
- SEO Fee: A payment of an invoiced amount (or equivalent in other currencies) over the period of time stated in the contract. This varies based in The Client needs and online market competition.
- Maintenance & Monitoring Fee: Nick Cavarretta will discuss which retainer level best suits them. There are four retainer levels where the payment link is located in the footer of the website http://nickcavarretta.com.au
Section 3. Things I Require from You during the Service Period
Nick Cavarretta requires that while he is engaged by you that:
- No other SEO company is working on Your Site while he is.
- No web developers or webmasters are performing onsite SEO while a contract is in place.
- You or anyone else won’t use any “black hat” techniques, including but not limited to exchanging links with link farms, use spamming or SEO techniques such as forum profile links, wiki links, blog comments, or otherwise do any online activities that may cause Your Site’s Google search engine ranking to drop. This includes negative SEO campaigns targeted towards you which is out of our hands.
- Your Site is not hosted with a free hosting service but on paid hosting such as for instance a shared server, VPS or dedicated server.
- You allow Nick Cavarretta communication with your web developer.
- You allow Nick Cavarretta the necessary access to your Google Search Console as a user.
- You allow Nick Cavarretta the necessary access to your Google Analytics Account as a user.
- You give Nick Cavarretta the authority to submit Your Site webpages to wherever he feels necessary.
If any of the requirements are not met during the time of the contract between The Client and Nick Cavarretta, then he reserves the right to terminate the contract without issuing a refund as it will act as a breach contract.
Section 4. Contract: Overview
- Nick Cavarretta requires that an order be placed for his services via email, and he will confirm receipt of the order by email, then send an invoice for the Quote Fee.
- This order is considered to be a contract between the client and Nick Cavarretta. The terms and conditions set forth below are considered binding, and may not be altered in any way by employees or agents of Nick Cavarretta.
- The contract is considered to be in force for a period of twelve (12) months, and after which time the client may switch to a Maintenance Contract by notifying Nick Cavarretta of their wish to do so.
- The contract is for SEO optimisation of a web site and domain name (which can include the home page) for an Agreed Phrase.
- If Nick Cavarretta having started the contract determines that it will no longer be able to place one or more of The Client’s specified Web Page on Page One results, then the contract may be terminated without any cancellation fees applied.
- Failure to pay an SEO Fee. Unless Nick Cavarretta has agreed to terminate the Contract The Client is liable for the SEO Fee for every page contracted and Nick Cavarretta will require unpaid fees up to the current date. The contract will then terminate.
Section 5. Contract: Financial Obligation
- The client is responsible for paying the quote fee of $75 AUD within one week (7 days) of receiving the invoice. Nick Cavarretta will not start working on a quote until this has been received.
- Nick Cavarretta will produce a monthly report and email The Client with that report and Invoice the agreed amount, every month for twelve months and at the Client’s option a Maintenance Contract to continue afterwards. The client is responsible for acknowledging receipt and paying each SEO Fee or Maintenance Fee by direct deposit within a period of 5 working days of invoicing.
Section 6. Maintenance Contract
- Following the successful completion of the Contract, a maintenance Contract may be entered into at The Client’s choice. Nick Cavarretta will monitor and maintain the Page one location of the specified page for a Maintenance & Monitoring Fee for a specified page. Other pages can be included at a reduced (50%) Maintenance & Monitoring Fee of $1,000 AUD/page/month.
- The Maintenance Contract requires Nick Cavarretta to monitor specified pages for their Agreed Phrase, and email a Report to The Client each month. If a monitored page drops off Page One then Nick Cavarretta shall do the necessary work to restore them to Page One within 1-2 months.
- The Client and Nick Cavarretta have the right to cancel the Maintenance Contract at any time with one month’s notice.
Section 7. Nick Cavarretta SEO Services
- The initial contact of the Client via the Nick Cavarretta quote form should specify the domain, web page and desired search phrase. Nick Cavarretta will then investigate whether it can promote the specified page to Page One on Google.com.au or some other regional Google site as specified by The Client. Nick Cavarretta may suggest alternative phrases that it believes will lead to higher traffic when the web page is on Page One of Google’s results.
- Nick Cavarretta must perform a full web site audit, offsite SEO assessment and competition analysis before any SEO services can start. The Client is to pay Nick Cavarretta for two (2) days work – eight (8) hours per day – for the hourly rate of $75.00 AUD. There are no negotiations for the Report Fee.
Section 8. Search Engine Optimisation: Explanation of Services
By entering into a contract with Nick Cavarretta, the client asserts that they have read and are aware of the following statement:
- Search Engines, particular Google have proprietary algorithms, techniques and software that affect how search results are ordered for a given search. These algorithms etc. change periodically with a consequent change in ordering. Nick Cavarretta tracks these changes in order to minimize down time when Your Site drops out of Page One’s results. It also means that while I may be able to guarantee that your site will eventually be located on Page One, I cannot say exactly what ranking Your Site will have on Page One or how much traffic this will bring.
- While a top ten ranking assignment means that the customer’s page will be placed in the top ten in a search result, this can take up to 20 weeks to occur as I upload optimization to the customer’s website. While Google results are often displayed on other search engine sites, Nick Cavarretta is solely focused on producing optimised results for the Google search engine only. It is our primary goal to increase visibility and to gain a higher search engine rank for our clients. This again, applies only to Google.
- Nick Cavarretta must thoroughly stress that there is no guarantee to any SEO services. He does not have the ability to offer a rock solid guarantee on the rank that customers will receive. He also cannot calculate or even estimate the amount of increased traffic that will occur as a result of our optimisation services. Marketing online is unpredictable and Nick Cavarretta cannot in any way guarantee the position that a site will earn except that it will be on the first page.
- Nick Cavarretta must be granted the right to communicate with The Clients web developer. Nick Cavarretta will not perform any onsite SEO or access The Clients website. A report must be completed and the Report Fee paid before the onsite SEO section can be extracted and sent to The Clients web developer. If The Client does not have a web developer, one can be recommended.
- Nick Cavarretta will make the final and complete decision on which search engines they deem most important to work with, however it’s almost always going to be Google.com.au (Google Australia) or some other local variant. He will base his decision solely on these factors: content, location, target audience, language, popularity or any other attribute that he feels is important to consider.
- Nick Cavarretta will suggest phrases that search engine users will search for at their discretion. The positioning of these words will be used in the optimisation process. A listing is the search result page of a word or phrase that Nick Cavarretta has typed into a search engine. This will provide the positioning of the customer’s website in the search engine listing. The customer’s website name and possibly links to the customer’s website will be included in the listing. The words that Nick Cavarretta chooses will be for test purposes and will be considered a test phrase. Although these websites and links will be listed with other testing phrases, there will be only one single test phrase in the report that he prepares.
- All notices must be in writing. All notices and communication to Nick Cavarretta must be addressed correctly to Nick Cavarretta where the address is supplied directly from Nick Cavarretta. Notices that are sent from Nick Cavarretta to our clients will be considered valid if they are sent to the mailing address as it appears in our terms of service agreement or such address as was supplied by our customer in writing.
- In case of any invalidity or un-enforceability of any portion of this agreement shall in no way affect, impair, or nullify any other portion of this provision. No waiver of the due rights that Nick Cavarretta has under the protection of this agreement shall occur due to any failure of Nick Cavarretta to successfully enforce any portion of this agreement.
Section 9. Agreement Disclaimer:
The signing of this agreement on behalf of the customer warrants that the signee has the authority to commit the client to the entire agreement and also confirms that this agreement is a binding agreement between two businesses. If any payments for the customer are made through a credit card, debit card, bank transfer, or demand draft that is not in the customer’s name or the customer’s business name, then it is the sole responsibility of the customer to reimburse any and all payments to the card or bank account holder from which the payment was made on behalf of the customer.
Section 10. My Payment Terms and Conditions:
I will accept online credit card payments through the services of PayPal only. A 3% surcharge will be added to the invoiced cost.
Please note that if paying by cheque, I will not commence on any work until the standard 5 working days have passed since I received the cheque. This allows for time for the cheque to clear.
In the case of a customer’s monthly payment plan for a search engine optimisation services, all payments must be made on the first day of the month or at least on the first business day of the month. I will charge a 10% interest charge against the outstanding balance for every month that the customer’s payment is delayed.
Section 11. My Money Back Policy:
I have complete confidence in our ability to perform expert work in the website optimisation of my customers. Should the customer be displeased with my services, they may send a refund request to my email at: nick[at]nickcavarretta[dot]com.au. Please include the reasons for your refund request. Once I receive the request, I will investigate the reasons for your dissatisfaction to determine the validity of any and all claims for the purpose of deducting the proper amount of fees that refer to your specific refund request. Your refund will be processed as soon as possible via direct deposit.
This is in addition to my money back guarantee. If, twelve months after engagement I have been unable to place your website onto the first result’s page of google.com.au or whichever search engine was specified (with any keyword) then we will refund three months of payments, no questions asked. I won’t take any payment or undertake any work if we feel that the phrase you want will not get a first page result for your site.
Each contract is altered to he specific clients needs. Please refer to your contract for cancellation periods and fees.
Section 12. Loss of Service:
Nick Cavarretta accepts no liability in the case of a loss of service, files being unavailable or inaccessible, damage of data, misuse of equipment by other clients, failure or breakdown of externally managed equipment, or any communication devices or services that are beyond the control of Nick Cavarretta.
You will indemnify and defend Nick Cavarretta and his Suppliers and all employees, and agents of Nick Cavarretta and his Supplier (each an “Indemnified Party“) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees) incurred by any Indemnified Party arising out of, or directly or indirectly relating to:
- Your Web Site; and/or
- Your Web Site Property; and/or
- Nick Cavarretta’s role as your agent (and any action or inaction by Nick Cavarretta as part of that role); and/or
- any breach of this agreement by you; and/or
- the use of the Services by you.
Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, restrictive trade practices, misleading statement, misleading or deceptive conduct, breach of contract, defamation or injury to reputation, or other injuries or damage to business.
Section 13. Security:
I do not in any way have or offer any affiliate/reseller type of program on this website. I do not have resellers or affiliates. I only accept outsourced project requests if there is a true benefit to the customer and there is a written agreement. It is important to note that Nick Cavarretta will hold no responsibility for a third party outsourced business.
I will never ask for any of your financial information, unless it is your business bank account details to issue a refund, which then will include: your account name, band name, BSB and A/C.
You should only share your personal usernames and passwords once you have signed your agreement.
If Nick Cavarretta must create any accounts for the work carried out, then I will make every effort to make the email address and password the customer’s own email address and password so that the customer has complete control over the account. All accounts that are created will be fully documented and sent to the customer via email.
If you receive any strange emails, phishing requests, or fake emails please report them immediately to me[at]nickcav[dot]com.au and do not respond to the email or open any attachments that are included.
I will never have a third party contact you by email or by phone unless this is a part of the original written agreement or has been agreed upon through email beforehand.