Terms of Service
TOS: By submitting your order cardholder agrees to provide payment for services to company for attempting to push down negative content. Customer understands the Company (InternetReputation.com) will incur costs associated with this work and the work and results are not guaranteed. It is herein understood and agreed by the Cardholder that refunds are not accepted. Should the cardholder have a dispute, the Cardholder agrees to settle the dispute in arbitration according to the terms set in section labeled Arbitration below. Should the credit card dispute be pursued by the cardholder the cardholder will assume any costs for the dispute/charge-back including but not limited to attorney’s fees, collection agency fees, and must supply the merchant with a reason for the dispute/charge-back in writing.
As part of the Proprietary Services, InternetReputation.com will use reasonable efforts to create and/or optimize existing truthful, positive, or neutral online content (“Welcome Content”)(for example, content on websites, etc.), with the specific aim of promoting the Welcome Content on Internet search engine results above the content Client has identified to InternetReputation.com as the unwelcome content (the “Unwelcome Content”). These Terms and Conditions relating to the services that may be entered into by the parties contain the general terms and conditions pursuant to which InternetReputation.com will provide certain services to Client.
Client represents and warrants that all information provided to the Company is accurate and truthful, that Client has the right to enter into this Agreement, that the execution and performance of this agreement does not violate any other contract or obligation to which Client is a party or is otherwise bound. Company makes no representations or warranties to Client that the performance of its obligations under this Agreement will produce any level of profit or business. Company warrants that it will perform its services in a competent and workmanlike manner. Company does not warrant that it will be able to perform its services error free or without interruption.
The company MAKES NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF RELIABILITY, USEFULNESS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THOSE ARISING FROM THE COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. The services provided under this agreement are dependent in part on actions by third party search engines and websites, the company cannot control or predict how search engines might react and the company is not responsible for any actions or omissions of any search engines or third parties. The company will use best efforts to help clean up Client’s reputation on the search engines, but there is no guarantee of how the search engines will react to our work.
Term and Termination.
Disclaimer of Warranties; InternetReputation.com will make best effort to display Welcome Content will be displayed above the Unwelcome Content to the fullest extent of our power. The services provided under this agreement are dependent in part on actions by third parties and InternetReputation.com cannot control or predict how third parties might react and InternetReputation.com is not responsible for any actions or omissions of any third party. CLIENT ACKNOWLEDGES AND AGREES THAT THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED “AS IS”.
INTERNETREPUTATION.COM DOES NOT PROVIDE ANY OTHER ADDITIONAL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES, OR THE SUCCESS OR RESULTS OF THE SERVICES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. CLIENT ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES IN ENTERING INTO THIS AGREEMENT. Limitation of Liability. IN NO EVENT WILL INTERNETREPUTATION.COM BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING ANY LOST DATA AND LOST PROFITS, ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING ANY SERVICES PERFORMED UNDER THIS AGREEMENT AND ANY CONTENT CREATED BY OR OPTIMIZATION PERFORMED BY INTERNETREPUTATION.COM. INTERNETREPUTATION.COM’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT INCLUDING ANY SERVICES PERFORMED UNDER THIS AGREEMENT AND ANY CONTENT CREATED BY OR OPTIMIZATION PERFORMED BY INTERNETREPUTATION.COM (OTHER THAN FOR PAYMENT OF ANY OTHER AMOUNTS OWED UNDER THIS AGREEMENT), WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF FEES PAID TO INTERNETREPUTATION.COM BY CLIENT UNDER THIS AGREEMENT IN THE TWELVE (16) MONTHS PRECEDING THE LIABILITY. Client acknowledges that the fees set forth in this agreement reflect the allocation of risk set forth in this agreement and that InternetReputation.com would not enter into this agreement without these limitations on its liability. Indemnity. Client agrees to defend, indemnify, and hold InternetReputation.com harmless from and against any and all damages, losses, liabilities, and costs brought or alleged by third parties relating to or arising from the services performed under this agreement. Client agrees to indemnify and hold InternetReputation.com harmless from and to promptly reimburse InternetReputation.com for all costs and expenses, including storage costs and personnel time, relating to requests or requirements from Client or a third party for InternetReputation.com to provide, maintain, preserve, collect, or otherwise process any information, data, or materials relating to the services performed by InternetReputation.com for Client. Arbitration. Any claim, dispute or controversy of whatever nature (“Claim”) arising out of or relating to this Agreement shall be resolved by final and binding arbitration. The arbitration shall be conducted by and submitted to a single arbitrator (“Arbitrator”) selected from and administered by the Denver, Colorado office of JAMS (“JAMS”), in accordance with its then-existing Comprehensive Arbitration Rules & Procedures. Upon the written demand of any party to the arbitration, the arbitration shall be conducted by and submitted to three Arbitrators from JAMS under the same rules. The arbitration hearing shall be held in Denver, Colorado. The Arbitrator(s) shall be authorized to award compensatory damages, but shall NOT be authorized to award non-economic damages, such as for emotional distress, or pain and suffering or punitive damages. Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Arbitrator(s) and JAMS; however, the Arbitrator(s) shall be authorized to award to the prevailing party reimbursement for its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the Arbitrator(s). Within fifteen (15) calendar days after the conclusion of the arbitration, Arbitrators shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Each party shall fully perform and satisfy the arbitration award within 15 days of the service of the award. Judgment on the award may be entered by any court of competent jurisdiction. By agreeing to this binding arbitration provision, the parties understand that they are waiving certain rights and protections which may otherwise be available if a Claim were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, and a right to invoke formal rules of procedure and evidence. General Provisions. All notices, consents and approvals under this agreement must be delivered in writing by courier, by electronic facsimile, or by certified or registered mail (postage prepaid and return receipt requested) and will be effective upon receipt. All waivers must be in writing. Any waiver or failure to enforce any provision of this agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Without limiting the generality of the foregoing, Client agrees that the Limitation of Liability will remain in effect notwithstanding the unenforceability of any provision in Disclaimer of Warranty. Client will not be entitled to specific performance of this Agreement for any reason. This agreement will be governed by the laws of the State of Colorado without reference to any conflict of laws principles that would require the application of the laws of any other jurisdiction and both parties irrevocably submit to the jurisdiction and venue of federal and state courts in the State of Colorado. This agreement may be executed in counterparts, each of which will be considered an original, but all of which together will constitute the same instrument. Client’s relationship to InternetReputation.com is that of an independent contractor, and neither party is an agent or partner of the other. Client will not have, and will not represent to any third party that it has, any authority to act on behalf of InternetReputation.com. Any delay in the performance of any duties or obligations of InternetReputation.com will not be considered a breach of this agreement if such delay is caused by a labor dispute, Internet outage, fire, earthquake, flood, or any other event beyond the control of InternetReputation.com, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible. This agreement constitutes the entire agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. This agreement may be amended only by a written document signed by both parties. The Term of all campaigns will end after thirty (30) days from the initial payment of campaign unless otherwise specified. After the Term end has elapsed, additional support will be billed at a rate of $50/hour.
Fees & Payment of Services
Campaign fees vary as to what package Client has selected. Client will be sent an initial email of what package they have chosen, the keywords targeted, the total cost, and the payment plan, if applicable. If Client signs up for a campaign that has a payment plan, Client acknowledges that billing card will be kept on file and billed automatically to the payment plan dates set forth. If Client is late on any payment over 5 days, campaign will be halted and all work will be reversed, and any assets, passwords, and content will not be given to Client.
CLIENT ACKNOWLEDGES THERE ARE NO REFUNDS GIVEN UNDER ANY CIRCUMSTANCES. CLIENT ACKNOWLEDGES INTERNETREPUTATION.COM IS OFFERING A SERVICE BASED BUSINESS PROVIDING SERVICES TO ATTEMPT TO IMPROVE THEIR ONLINE PRESENCE. DUE TO THE EVER CHANGING AND THIRD PARTY NATURE OF SEARCH ENGINES WE CAN NOT GUARANTEE ANY SPECIFIC RESULTS.
Client Satisfaction Policy
If Client is not satisfied with our services within ten (10) days after the completion of the campaign; (campaign completion date will be specified in an email sent to Client), Client must notify in writing via email or facsimile that they would like to take advantage of our Client Satisfaction Policy. If InternetReputation.com is notified during this period, Client shall receive at no additional cost during an additional thirty (30) day period the following;
2 – (300) Three Hundred word articles
1 – (350) Three Hundred Fifty word press release
2 – (300) Three Hundred word blog posts
If Client decides to receive the above items, account will still be considered closed as of the completion date email.
Per our Client Satisfaction Policy, Client can claim they are not satisfied if we are unsuccessful at pushing any negative item off the first page of Google. If all negative items are suppressed off of the first page (Page 1) of Google when typing in specified keyword phrase(s) Client engaged our work for, Client can decide to utilize the Client Satisfaction Guarantee. To determine where the negative item(s) are appearing, a screenshot will be taken in Denver, Colorado using the domain https://www.google.com. This will be done by using a browser that is not logged into any email account and has had the cookies and cache cleared to show the true results in Google. Client’s keyword(s) will be typed in and a screenshot of the first page (Page 1) of Google will be taken. This screenshot will be completed the same day the campaign completion date email is sent to Client. If at any point in the campaign, Client takes longer than 48 hours to respond to any content approval emails sent by InternetReputation.com, Client Satisfaction Guarantee is void.
TOS last updated on December 12, 2012