Terms of Service
ACCEPTANCE OF TERMS
These Partner Service Sites Terms of Service are between you ("You", "Your," or "Merchant") and Partner Service Sites. Partner Service Sites reserves the right, in its sole discretion, to change, modify, add, or remove all or part of these Terms, including but not limited to any term, applicable fee, policy, or guideline, at any time.
BY SIGNING UP FOR A Partner Service Sites MEMBERSHIP, YOU: (a) agree to be bound by these Terms and, (b) represent and warrant that, if You are an individual, You are 18 years old or older or, if you are an entity, that You are a corporation, partnership, or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept these Terms; (c) agree to provide true, accurate, current, and complete information in the Partner Service Sites Sign Up form, including follow up billing and payment-related information and other account information. You have the power and authority to enter into and perform under these Terms. If these Terms or any future changes are unacceptable to You, Your sole remedy is to cancel Your Service. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS, DO NOT COMPLETE THE SIGN UP PROCESS.
SERVICE
Partner Service Sites consists of three services: SEO and Web Marketing, Editorial and Contract Renegotiation.
The SEO and Web Marketing service is comprised of various Web marketing services.
The Editorial service is comprised of writing and managing media placements.
The Contract Renegotiation service is comprised of contract writing and comprehensive business negotiations.
SEO SERVICE
The SEO Service from Partner Service Sites features three plans: Basic, Professional and Optimal. SEO service terms, and term extensions, have a 12-month duration. Your company will receive a monthly charge from Partner Service Sites, in the amount denoted in your desired "Service Plan" option in the SEO Service Contract Form, on the payment format you provide. The SEO Service will begin immediately and be automatically renewed after the service term is complete, and each term extension thereafter, unless the Client delivers a written termination notice at least thirty (30) days prior to the end of the current service term or term extension. Partner Service Sites can provide additional services to this contract, at the Client's request.
PAYMENT
You will pay all fees due according to the prices and terms applicable to your Partner Service Sites service or plan. All fees shall be due and payable within fifteen (15) days of completion of Service, or on a monthly basis, whichever is applicable to your chosen plan. Thereafter, recurring fees will be charged in advance to your charge account, using the billing details you provide. If your payment is not received with in time defined above, your Partner Service Sites membership may be terminated. Partner Service Sites accepts no liability for content that is deleted due to your payments being past due. Reactivation of the Service after termination or cancellation for any reason shall require a new review process, which may take 3-6 weeks, or longer. In the event You fail to pay charges, Partner Service Sites may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, You agree to reimburse Partner Service Sites for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You also agree to pay all current charges for the Service as well as taxes and fees assessed against You or Partner Service Sites on the charges and all late payment, interest, or other fees as stated on Your bill. Partner Service Sites may modify its billing practices or late payment charges by providing You with prior written notice of the modification.
Price Changes
Partner Service Sites may, upon notice required by applicable laws, at any time change the amount of or basis for determining any fee or charge or institute new fees or charges with respect to the Service.
TERMS AND TERMINATION
The terms of this Agreement will commence on the date that You enter all of the required information, select "Approve," indicating that you have read the Terms of Service, and click the "Submit" button on the contract page of your choosing, and will remain in effect until you, or Partner Service Sites, cancels or terminates your membership plan. If You wish to terminate your Partner Service Sites membership, You must submit a written termination notice at least thirty (30) days prior to the end of the current service term or term extension, and pay any outstanding balances. If the aforementioned process of terminating/canceling your account is not followed, you will continue to be charged for your membership plan and services. Once you terminate/cancel your plan, you will lose all services associated with the Partner Service Sites membership plans. Except as set forth in these Terms, neither party will be liable to the other for any termination or expiration of any Service or this Agreement in accordance with its Terms. If You cancel your membership plan, no refund will be provided for any payments You have made.
Termination by Partner Service Sites
Partner Service Sites may terminate these Terms at any time upon notice to You. Notwithstanding anything to the contrary herein, Partner Service Sites may also, but has no duty to, immediately suspend or terminate Your Service, if Partner Service Sites concludes, in its sole discretion, that You (a) have breached, violated, or acted inconsistently with the letter or spirit of these Terms, including any applicable law or regulation; (b) have provided false information as part of your Sign up and Account Information; (c) have failed to keep your Sign up and Account Information complete, true, and accurate; (d) fail to respond to any email communication sent to the email address listed in your Account Information; (e) are engaged in fraudulent or illegal activities or the sale of illegal or harmful goods or services; or (f) are engaged in activities or sales that may damage the rights or reputation of Partner Service Sites or others (each "Termination for Cause"). Any Termination for Cause by Partner Service Sites will take effect immediately, and You expressly agree that You will not have any opportunity to cure.
Termination - Legalities
In the event a ruling, regulation, or order issued by a judicial, legislative, or regulatory body causes Partner Service Sites to believe that these Terms and/or the Service provided hereunder may be in conflict with such rules, regulations, and/or orders, Partner Service Sites may suspend or terminate the Service, or terminate these Terms without liability.
Responsibility for Fees
Should Partner Service Sites suspend a portion, but not all, of your Service due to a violation by You of any law, regulation, or policy, You shall remain liable for all fees applicable to the Service as a whole. Should Partner Service Sites terminate your Service, You are liable for the payment of all fees applicable to the Service up to the date of termination, in addition to any early termination fees (if any).
PRIVACY
No data that you provide to Partner Service Sites with will be shared with third parties.
SUPPORT
Partner Service Sites reserves the right to establish limitations on the extent of any support provided for the Service, and the hours at which it is available.
INDEMNITY
You agree to indemnify and hold harmless Partner Service Sites and its owners, subsidiaries, affiliates or other partners from any claim, demand, or investigation, including reasonable attorneys fees, made by any third party due to or arising out of Your Content, Your conduct, Your use of the Service, any alleged violation of these Terms, including any applicable Partner Service Sites Policies, law, or regulation, or any alleged violation of any rights of another, including but not limited to Your use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with Your Service. Partner Service Sites reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, but doing so shall not excuse Your indemnity obligations.
RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Partner Service Sites AND ITS OWNERS, AFFILIATES, OR OTHER PARTNERS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Partner Service Sites HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: THE USE OF THE SERVICE; ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR ANY OTHER FAILURE OF PERFORMANCE OF THE SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (vi) ANY GOOD OR SERVICE OFFERED OR SOLD THROUGH THE SERVICE; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE OR SOFTWARE. Partner Service Sites LIABILITY TO YOU SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY YOU TO Partner Service Sites. YOU ACKNOWLEDGE THAT Partner Service Sites HAS SET ITS PRICES IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THESE TERMS WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
