Terms and Conditions – Xan Limited
Our standard terms and conditions regarding optimisation are detailed below. By making an order with Xan Limited, you confirm that you are in agreement with, and bound by, the terms and conditions below.
Xan Limited will only commence work when an agreement is provided either by email, telephone, mail or fax or any other pre-agreed format. Xan Limited will carry out work only for clients who are 18 years of age or above. We reserve the right to request evidence should Xan Limited require it. An ‘order’ is deemed to be a written contract between Xan Limited and the client; this includes telephone and email agreements.
Pre-conditions of agreement
The client has no duplicate sites, content or pages, redirects or doorway pages.
The client has not requested, knowingly or otherwise, nor exchanged links with link farms or undertaken any spamming techniques which may harm the web site’s ranking with Google. It is not possible for Xan Limited to give a 100% assurance for any specific result on any search engine, nor can we quantify the level of increased traffic or sales, as a result of the SEO campaign. If the client makes any changes to the optimised pages created by Xan Limited, or does not implement the changes advised by us, we will not be accountable for any negative or adverse results. Xan Limited follows a strictly ethical SEO policy and reserve the right to halt or permanently end work should it be discovered that the Client has participated in actions considered undesirable (spamming) by the search engines, such as
- Makes use of hidden links
- Links to link-farms, FFA link pages, etc.
- Uses page redirect or cloaking techniques
- Submits the web pages of the site to the search engines, search directories or other websites without previously getting the written consent of Xan Limited
- Uses automated web site submission software or websites
- Uses automated reciprocal link programs
The Client confirms that their website is not hosted on free web space using domain forwarding (either framed or otherwise). In cases where there is either concern that the current hosting IP address may be part of a ‘bad neighbourhood’ or for reasons of optimization, Xan Limited may request the client to change hosting provider. Any fees that the search engines charge to include a listing are to be borne separately by the client. This includes, but is not limited to, pay per inclusion charges in directories like Yahoo! Etc. A deposit is required from any new client before any work is carried out. As most of our SEO plans are on monthly basis the required deposit may be of one month’s advance payment according to the plan taken. To continue the SEO work the client has to pay every month on the due date, invoice will be generated and sent to the respective clients on or before the payment due date.
We will contact clients via email and telephone to remind them of such payments if they are not received when due.If accounts are not settled or Xan Limited have not been contacted regarding the delay, service to the related website may be stopped. Following consistent non-payment of an invoice, our legal officer will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
All services rendered by Xan Limited are non-refundable. This includes, but is not limited to: setup fees, one time fees, and monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. All fees are non-refundable, without exception, unless authorized by a director of Xan Limited. If a chargeback is processed without authorisation from a director of Xan Limited a collection agency may be employed to collect the fees and the customer will be responsible to pay the original fees and any fees required by the collection agency.
Disclaimers and limitations on liability
- Xan Limited shall not be responsible for URLs dropped or excluded by a search engine for any reason.
- Xan Limited shall not be responsible for delays or failure of performance resulting from Internet Service Provider delivery problems or failure, or any communication or delivery problems associated with Client’s receipt of the Account Service data. Xan Limited shall not be responsible for acts or causes beyond their control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, power failures, earthquakes, or other disasters.
- Xan Limited do not represent or warrant that Customers’ URLs will achieve a favourable position, or any position, within a particular search engine.
- Xan Limited do not warrant or represent that the use or the results of the use of the materials available through the Xan Limited Services or from third parties will be correct, accurate, timely, reliable or otherwise.
- You expressly agree that use of the Xan Limited Services provided hereunder is at your sole risk. These Services are provided on an “as is” and “as available” basis. Xan Limited expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
Notwithstanding the security precautions taken against disclosure of information, there are certain conditions that exist on the Internet generally which are outside Xan Limited control and could result in a breach of security. Accordingly, Xan Limited cannot assure you that Your Account Service data information will be free from corruption or piracy. You hereby expressly waive any claim against Xan Limited arising out of the loss of data through corruption, piracy, breach of security or for any other reason that is not based on intentional or grossly negligent actions of Xan Limited.
- To the maximum extent allowed by law, Xan Limited and any of their parents, members, subsidiaries, affiliates, service providers, licensors, officers, directors or employees shall not be liable for any direct, indirect, special, incidental or consequential damages (no matter how they arose, including negligence), or for interrupted communications, lost data or lost profits, arising out of or in connection with the Services provided hereunder. Further, Xan Limited will not have any liability for any losses arising because the Xan Limited Services are not operational or accessible. This section does not limit liability for bodily injury of a person.
Changes to Terms and Conditions.
Xan Limited reserves the right to change these terms and conditions at any time.
- Xan Limited may change the terms and conditions by placing an updated copy of the terms and conditions on the Xan Limited website.
- When Xan Limited places an updated copy of the terms and conditions on the Xan Limited website they shall be deemed issued and received by the client.
- The client accepts that it is reasonable for the client to accept full responsibility for the periodic checking of the Xan Limited website for the presence of alterations to the terms and conditions.
- Should the terms and conditions be altered, the client shall be deemed to have accepted them after a period of two weeks (subsequently to be referred to as the “reasonable notification period”) has passed following the updated Terms and Conditions being placed on the Xan Limited website by Xan Limited.
- It is the client’s responsibility to contact Xan Limited within the reasonable notification period should the client have any uncertainty as to the meaning of any part or the whole of the revised terms and conditions.