Terms of Service

Mike Munter SEO Terms Of Service:

Section I: Binding Agreement:

If you do not agree with the terms of this contract, please exit this site immediately. Your continued use of this site, the information provided herein, or use of our services shall indicate your consent and agreement to these terms.

Section II: Copyright and Content Protection:

All information, text, images, videos, graphics, and any other material within this site is copyrighted and protected utilizing IP filters and tracking software.  Any information, text, images, videos, graphics, and any other material within this site is not to be reproduced, replicated, copied, or otherwise distributed in any way or form without prior written permission from Mike Munter SEO.  Violation of this policy will result in prosecution under any applicable Federal, State, or Local statutes as well as any applicable monetary damages under any applicable civil statutes.  Any content within this site is the intellectual property of Mike Munter SEO and its shareholders, which includes any comments, discussions, or other materials posted by Mike Munter SEO administrators or by website visitors.

Section III: Release of Risk:

To the maximum extent permitted by law, Mike Munter SEO and its suppliers and contractors disclaim all warranties not expressly set forth in this document, whether express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to Mike Munter SEO’s services.  The maximum aggregate liability Mike Munter SEO may have to you will be limited to the total amount of fees collected from you.  Mike Munter SEO will have no liability in connection with the functionality or content of any search provider or internet publisher or website not owned by Mike Munter SEO.  This agreement shall be governed and construed by the laws of the State of Oregon.  All claims against Mike Munter SEO and/or this contact must be made and filed in a court of competent jurisdiction, that being within the Multnomah County, Oregon, within one (1) year of the last date of service provided.  Knowing that the applicable statute of limitations may be greater than one (1) year, you waive said statute of limitations and agree that suit must be filed within one (1) year or be barred.  You also agree that this transaction is a commercial transaction and not governed by the Consumer Protection Act.  You further agree that in any action brought under this agreement, you waive your right to a trial by jury. In the event that you breach this agreement, you will be responsible for any attorney’s fees and costs in the collection, suit, post judgment, appeal, and the like, of these monies due and other prosecution and/or defense fees under this agreement.  You acknowledge that all claims are against the company Mike Munter SEO only, and you hold all employees, contractors, and associates of said company individually harmless for their services.  Should a claim arise, it must be made in writing to: Mike Munter SEO  9020 N. Tyler Ave, Portland, OR 97203.

Section IV: Explanation of Services:

Social Media Marketing: Mike Munter SEO’s social media marketing packages consist of building or optimizing a page on Twitter, Youtube, Facebook, and/or other social media websites.  In order to properly setup, optimize, link or update your social media accounts, we require full access, including but not limited to administrator access and/or user name and password to make applicable changes.  Many social media sites require birthday, gender, and location information.  We require this information in order to properly setup and secure social media sites on your behalf.  We will use best practices to help spread awareness and optimize ranking for any of your social media sites we work on; however, due to the ever changing nature of social media and search engine algorithms, we cannot guarantee that you will retain all of your fans, followers, subscribers or ranking position of social media websites.

Search Engine Optimization: Mike Munter SEO’s search engine optimization services include both on page and off page optimization work.  Mike Munter SEO will require administrator login/password CMS and hosting access to your website to implement on-page SEO changes.  Mike Munter SEO uses best efforts to meet or exceed any off page link building requirements put forth in your SEO marketing proposal.  While most links remain live for years, due to factors beyond our control on 3rd party websites, we cannot guarantee links will remain live.  Mike Munter SEO submits and updates your business listing, website(s) information, description of services, contact information and other information as required to various online directories and niche directories for the purposes of helping improve your search engine rankings.  We make best efforts to make sure information is provided accurately to these directories, based on the information provided to us by you; however, we make no claims that 3rd party directory sources will subsequently publish, update, or modify your company’s information accurately or in a timely manner.  Mike Munter SEO may provide an estimated time frame or cost for ranking higher in search engine results for agreed keywords; an estimate which is only a best guess based on our experiences and may not accurately reflect the actual amount of time or cost to achieve higher rankings due to factors beyond our control such as website age, website content, search engine algorithm changes, and other factors.  Mike Munter SEO cannot guarantee that your website will increase in rankings due to factors beyond our control, including but not limited to constant changes in search engine ranking algorithms.  Mike Munter SEO takes every measure possible to protect your site from adverse effects of search engine optimization work, including following applicable industry best practices and closely monitoring SEO campaigns.  In extreme cases, search engine optimization work can harm search engine rankings, including but not limited to lower rankings for your keywords, lower website traffic, search engines de-indexing your site, and search engine penalties.  Mike Munter SEO is not liable or responsible for any declines in search engine rankings, lost revenues, lost traffic, lost opportunities, or any other damages that may result from utilizing our SEO services.

Web Design: Mike Munter SEO offers web design services for building company websites and redesigning existing websites.   All web design hosting is done via a 3rd party and we cannot be held responsible or liable for issues arising from web hosting, site down time, improper backups, loss of data, or any other hosting related issues.  Mike Munter SEO will only utilize images when we have full copyright permission.  Any images provided by the client are assumed to be the property of the client.  All images and aspects of the website belong to the client and Mike Munter SEO is in no way responsible or liable for any issues that arise due to the images, videos, text, or other content on the client’s website.  When a client requests that Mike Munter SEO utilize stock images, photos, videos, or other media on a web design project, it is the responsibility of the client to follow all terms, copyrights, and licensing agreements for such media and is in no way the responsibility of Mike Munter SEO.

I understand that with certain web design projects there may be the need for Mike Munter SEO to order themes, additional code, pictures, videos, or other media from 3rd parties. I agree that I am responsible for these additional costs that may not be quoted in the original price quote and it is my responsibility to abide by any 3rd party terms or agreements for such items. I understand that should these additional costs exceed $100 I will be notified via email of the cost prior to Mike Munter SEO placing the order. Mike Munter SEO makes every effort possible to meet the needs and wants of the client, and with all web design projects we require any special requests to be made upfront prior to beginning the web design project.  Any requests that are made after the project will be billed at our hourly design rate, not to exceed $250 per hour, to make the necessary changes.  I understand that I must submit any special requests in writing prior to the start of the project, including but not limited to themes, layouts, colors, text, content, page copy, color schemes, logos, graphics, icons, and any other on page elements.  Any requests that I do not submit prior to starting the project and after that element of the site has been designed will be billed at our standard hourly rate.  All packages include basic revisions, including small changes to the site which include swapping out images, changing parts of text, and minor edits as needed.  Revisions will not exceed 3 hours of revision work unless otherwise stated in the project proposal.  I agree to submit all website revisions to Mike Munter SEO in writing within 5 business days of project completion, otherwise any revisions will be billed at the standard hourly web design rate.  Any major edits including theme changes, layout changes, color scheme changes, and large on site elements will be billed at our standard hourly rate, not to exceed $250 per hour, and are not included in the package. Additional website pages outside the initial project quote will be billed at a rate between $75 and $150 for simple pages and a rate between $150 and $400 for complex pages.  I understand that when I enter into a web design or development contact with Mike Munter SEO, the assumption is that  the current website is coded properly and that all involved 3rd parties, including company employees and 3rd party vendors, have provided accurate information pertaining to the coding and elements of the website.  The cost estimate for the new web design/development project is based on the information provided to us by the website owner, website owner’s employees, and applicable 3rd party vendors.  Mike Munter SEO is not responsible for additional costs incurred due to inaccurate information or problems with your current site which are discovered during the design process.  Such additional costs will be billed at our standard web development rate, not to exceed $250 per hour.   When utilizing 3rd party data or 3rd party coding, our price quote is fully contingent on the 3rd party providing data in the proper format, layout, and structure so that it may easily be integrated into the website.  I agree that the price quoted for the web design/development project may change based on changes in pricing from 3rd party vendors and/or changes in coding, software, API’s, or other pieces of software provided by 3rd parties.  In the event that additional costs discovered and/or incurred during the web design/development project exceed the client’s budget, we will notify the client in writing to ask how they wish to proceed with the project.  If they agree to proceed we will provide them with a new estimate for the total cost of the project.  If they do not wish to proceed, we will bill them for all current work already performed on the website and end the contract.

Section V: Changes and Alterations:

I understand my monthly SEO services subscription may be changed or modified at any time at the sole discretion of Mike Munter SEO if I am in violation of any of these terms of service.  I also agree that there may be changes in this agreement, disclaimer, or content and I will be notified in writing via email of any changes.  I agree that there may be changes to Mike Munter SEO’s services, pricing, or subscriptions in which case I will be given advanced notice in writing via email and have a period of five (5) business days to cancel or change services based on any alterations in service. I agree that as long as I am a client of Mike Munter SEO, it is my responsibility to check for changes or updates to this agreement on a monthly basis.  I understand that any pricing or proposals offered by Mike Munter SEO is valid for thirty (10) days from the date of issuance.

Section VI: Refunds, Cancellations, & Disputes:

I agree that by signing the credit card authorization form I am agreeing to the terms of service set forth within this document.  I understand that Mike Munter SEO has a no refund policy on any services, including but not limited to search engine optimization services, social media marketing services, content creation services, web design services, and/or general marketing consulting.  I agree that if I want to cancel any services, excluding monthly recurring charges, I will be charged a cancellation fee of 20% and be charged for any services already completed.  I agree that if I want to cancel any monthly recurring charges, including monthly SEO packages, I must provide at least 30 days notice of cancellation prior to my monthly billing date. I understand that upon notice of cancellation I will still be charged my usual recurring monthly fee for the final month of services.  In the event that the owner is in any manner dissatisfied with any aspect of Mike Munter SEO’s performance, they shall notify Mike Munter SEO within five (5) business days in writing via certified mail at: 9020 N. Tyler Ave, Portland, OR 97203. Mike Munter SEO shall have seven (5) days from the date of receipt of such notification in which to initiate efforts to resolve any concerns, whether by remedying the alleged defects, providing a partial credit against outstanding balances to be determined at our discretion, or otherwise.  In no event shall the client be entitled to a credit, charge back, back charge, or dispute unless the client first provides Mike Munter SEO with notice and opportunity to resolve the problem in accordance with the foregoing.  Client’s failure to comply with the foregoing shall constitute a waiver of any alleged breach by Mike Munter SEO concerning its alleged failure to perform to obligations hereunder.  Mike Munter SEO’s obligations hereunder shall be suspended during any time in which the client is late with respect to any payment due to Mike Munter SEO.

Section VII: Payment & Terms:

I agree that any services provided must be paid in full within five (5) business days of completion.  I agree that my credit card will be utilized for billing purposes for all recurring services.  I agree that any other invoice not paid within five (5) business days of completion will be billed to our credit card on file.  In the event that the credit card on file is not approved, any outstanding balances will be subject to a late penalty of 5% compounded weekly.  I agree that any outstanding debts that cannot be collected within ten (10) days of the due date may result in my website being taken offline, SEO related changes being undone, and turned over to collections.  I understand that any fees resulting from the collection of unpaid invoices will be added to the invoice, including, but not limited to interest, collection agency fees, legal fees, time spent on collections billed at $150 per hour, and/or any other collection related expenses.

Section VIII: Consent, Delivery, & Limitations:

Client agrees that he/she/they sign this contract as a free and voluntary act without duress or compulsion of any form.  Client acknowledges that he/she/they are of legal age, mentally competent, and have full authority to enter into this contract on their behalf or on behalf of a legal entity, including but not limited to a corporation, LLC, partnership, or the like.  Client acknowledges that he/she/they have been free to consult with an attorney or any other person or entity before signing this contract.  This contract contains the entire agreement between the parties.  No promises, representations, or warranties, whether written or oral, except those expressly set forth herein, shall be valid or binding upon either party.  The parties’ agreement is contained within the pages of this document and nowhere else.  Client agrees that he/she/they have read each of the paragraphs listed in this contract and agree to the terms and statements contained within each section and paragraph of this contract.

Section IX: Branding:

We reserve the right to feature your SEO, web design, or marketing campaign on our website as a case study, testimonial, or other featured item. This includes utilizing your company name, logo, and any other trademarked or copyrighted information that would be applicable to conveying the information needed in a case study or featured item. We will not post any personal or sensitive information, such as strategies, billing information, personal contact information, or sensitive data about your business or project. Mike Munter SEO reserves the right to brand our SEO, web design, or marketing clients with a link in the footer of your website. The footer link will be placed in a discrete way and will state “Website designed by Mike Munter SEO”, “SEO By Mike Munter SEO”, “Marketing By Mike Munter SEO”, or something similar.

Section X: Digital Signature:

The Electronic Signatures, Global and National Commerce Act permits for the use of electronic signatures and I understand that this contract is bound by the rules and regulations of said act. I agree that my IP address will be logged upon signing this contract, and that by digitally signing this contract by typing my full legal name I am entering into a legally binding agreement with Mike Munter SEO.

 

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