Terms and Conditions

1. Definitions

In this agreement:

• “Consumer” means any natural person who accesses Our Website or purchases products or Services from us;
• “Content” means any material in any form published on Our Website, any social media account operated by or linked to us or any third party platform, by us or any third party with our consent;
• “Confidential Information” means trade secrets; computer hardware, applications and software programs; audio or visual recordings in any format; training material in any format; specifications, templates, general design or layouts; financial or accounting information; client or supplier data and details; market research, research and development materials; together with any information or material that SEObyAxy® or our associated entities in the future may indicate is confidential, or which may be apparent is confidential; and our internal business processes and procedures, unless (a) that confidential information is transferred to the public domain through no fault or action of yours; (b) we give you written authority to release it; or (c) you are required by a legal process to disclose that information and have provided notice to us of that obligation;
• “Our Website” means the entire computing hardware and software installation that is or supports Our Website “seobyaxy.com”;
• “Material” means Content of any sort posted by you on Our Website;
• “Services” means any of the services we offer for sale on our Website and include generally available updates and support services so far as specified for each service;
• “Free Test” means the free test of one of our Services, explained on our Refund Policy & Free Test page;
• “Terms and Conditions” means these terms and conditions and includes our Privacy Policy, our Earnings Notice and Disclaimer, our Refund Policy & Free Test and any other terms and conditions posted on Our Website or provided to you before the delivery of any Services.

2. Our Contract with You

2.1 These terms apply, so far as the context allows, to you as a visitor to Our Website or Consumer; and

2.2 in any event to you as a buyer or prospective buyer of our Services.

2.3 You must be at least 18 years old to place an order.

2.4 We acknowledge acceptance of your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase receipt.

2.5 We cannot guarantee that every Service advertised on our website is available. If at any time a Service for which you have paid becomes unavailable, we will immediately refund any money you have paid. Our refund will cover the period of unavailability and not any period for which Services have been available.

2.6 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Services.

2.7 If in future you buy Services from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.

2.8 If we owe you money (for this or any other reason), we will return it to the card or PayPal account you paid with as soon as reasonably practicable, and in any event within 7 days of the date we confirm the refund is due.

3. Your Account with Us

3.1 You agree that you have provided, and will continue to provide, accurate, up to date, and complete information about yourself. We need this information to provide you with the Services. For information about how we manage your personal information please see our Privacy Policy.

3.2 When you create an account we send a verification code to your email address. You are responsible for keeping that code, your account and your password confidential and for preventing any unauthorised person from using your computer.

3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority, and also log in to your account and change your password.

4. Your Email Address

4.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.

4.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of that name or email address, and you will indemnify us for any claim or demand that arises out of your selection.

4.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority to desist from using or permitting the use of a particular domain name as part of a name or email address.

5. Your Material

5.1 If you post any Material on Our Website (for example a review), you warrant that you own the copyright and all other necessary rights in it and you accept all risk and responsibility for it. You further warrant that any fact stated in your Material is accurate.

5.2 By posting Material you grant us a non-exclusive, royalty-free, worldwide right to communicate, edit, copy, publish, distribute, translate and otherwise use it on Our Website and in our marketing, in any medium. Any testimonial is also handled as described in our Privacy Policy.

5.3 You agree to perform all further acts reasonably necessary to give effect to the rights granted above, at our request.

6. Price, Payment and Service Provision

All prices listed on Our Website are in USD.

6.1 It is possible that the price may have changed from that posted on our Website. If that happens, we will not provide the Services until you have confirmed that you wish to order at the new price.

6.2 Payment is taken through PayPal, which supports cards, Google Pay and Apple Pay. We never see or store your card details. Payments are one-time unless the service page clearly states that a Service renews. If a Service does renew, the renewal price and dates are shown before you pay, you authorise us to arrange each renewal charge through your payment method, and you undertake to keep your payment details up to date. For annual renewals we will notify you 30 days before the renewal date.

6.3 Our Services are provided online and delivered as explained on the page of each Service, for example by email or through your account.

6.4 Work begins within 24 hours of your order. The delivery time of each Service is listed on its Service page. Some Services need information from you (for example your website address); if it is missing or incorrect, delivery times start once we receive it.

6.5 If we are not able to provide your Services within the time stated on the Service page, we shall notify you by e-mail to tell you the likely provision date.

6.6 For a recurring Service, once provision has started you may cancel at any time on giving us 21 clear days notice. Payment will be due until the expiry of the notice period.

6.7 We may change the nature or provision of the Services at any time. We may tell you about any such change by email or by posting details on Our Website.

6.8 If we change the nature or provision of the Services, you may terminate this contract.

6.9 If a change we make in the provision of the Services involves action on your part, and you do not take that action, we are entitled to terminate the Services to you without notice.

6.10 You may not share or allow others to use the Services in your name.

6.11 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted. Interruption to the Services for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of downtime, we will tell you in advance.

7. Refund Policy

7.1 We want you to judge the quality of our work before you commit. Every customer can ask for a Free Test of each service (more info here).

7.2 We do not offer refunds if you change your mind about using our Services. Our Services are digital and work starts straight away, so time and money are spent on delivery as soon as an order is in progress. Refunds will only be provided where this is required by United States consumer law or where these terms say so. If there is a problem with your order, we will redo or repair the work as described in section 9.

7.3 We reserve the right to refuse service jobs, in which case we will promptly refund your payment within one working day.

8. Cancellation of Order

8.1 Service jobs can be cancelled before we commence work, and you will be refunded in full.

8.2 If you wish to cancel a service job after we have commenced work, you will be charged a reasonable fee for the work completed up until the notice of cancellation.

8.3 Recurring transactions can be cancelled at any time by sending a message through the Contact Form or directly via PayPal (if a PayPal transaction).

8.4 This section does not affect your rights in the event that you have a genuine and valid complaint about the way we have provided the Services to you.

9. Dissatisfaction with the Services

9.1 If for any reason you are not completely happy with your purchase, contact us immediately and tell us:

• exactly why you think we have failed;
• the date, if relevant, of the failure;
• when and how you discovered the failure;
• the result of the failure;
• your suggestion as to action we should take to resolve the situation and restore your faith in us.

9.2 You can report a problem up to 7 days after delivery. If we did not deliver, delivered something different from what the Service page describes, or delivered it incorrectly, we will redo or repair the work.

9.3 To report a problem, reply to the email in which you received the report of the work, with a short description of the issue.

9.4 Before you open a dispute with PayPal or your bank, you agree to contact us first, so that we can solve the problem.

9.5 You confirm that, when you bought the Service, you read the Service description carefully and agreed to these Terms and Conditions. If you expected something different from what is described on the Service page, that is not our responsibility.

10. Applicable Law, Foreign Taxes, Duties and Import Restrictions

10.1 This Agreement is governed by and construed in accordance with the law of the United States of America and you consent to the exclusive jurisdiction and venue of courts in the United States in any dispute arising out of or relating to the use of Our Website or Services. You may provide notice to us of a dispute through the Contact Form. We may provide notice to you via email or other electronic means.

10.2 This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

10.3 If you are not in the United States, we have no knowledge of, and no responsibility for, the laws in your country. If you are resident in a jurisdiction where the use of Our Website is unauthorised, it is your responsibility to cease using this website.

10.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void, and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

10.5 You are responsible for purchasing Services which you are lawfully able to import or use and for the payment of import duties and taxes of any kind levied in your country.

11. Disclaimers

11.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Services, at any time and without advance notice.

11.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large web based business. We would be grateful if you bring to our immediate attention any that you find.

11.3 We give no warranty and make no representation, express or implied, as to:

• the adequacy or appropriateness of the Services for your purpose;
• the truth of any Content on Our Website published by someone other than us;
• any implied warranty or condition as to merchantability or fitness of the Services for a purpose other than that for which the Services are commonly used;
• compatibility of Our Website with your equipment, software or telecommunications connection.

11.4 Search engines, social networks, video platforms and other third-party services change their rules and results on their own. We do our work with care, but we cannot promise a particular ranking, number of visitors or sales. Please read our Earnings Notice and Disclaimer.

11.5 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

11.6 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited, to the maximum extent permitted by law, to the value of the products or Services you have purchased, even if those products or Services were provided to you without cost.

11.7 Where we provide products or Services without specific charge to you (such as the Free Test), they are deemed to be provided free of charge, and not to be associated with any other product or Service for which a charge is made.

11.8 Any liability to us for consequential loss suffered by you as a result of the use of Our Website or Services is limited to your reasonably foreseeable losses in accordance with United States consumer law.

12. Indemnity

You agree to indemnify us against any claim or demand, including reasonable legal fees, made by any third party due to or arising in any way out of your use of Our Website, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

13. System Security

13.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of Our Website.

13.2 You may not use any software tool for the purpose of extracting data from our website.

13.3 You understand that any violation of the obligations described in this clause is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

14. Acceptable Use Policy

As a condition of your use of Our Website, you agree to comply with these provisions:

14.1 You will not use or allow anyone else to use Our Website to post, communicate or otherwise publish:

• copyright works;
• commercial audio, video or music files;
• any Material which violates the law of any established jurisdiction;
• unlicensed software;
• software which assists in or promotes phishing, hacking, password cracking or IP spoofing;
• links to any of the material specified in this paragraph;
• pornographic Material;
• any Material promoting discrimination or animosity to any person on grounds of gender, race, religion, or colour.

14.2 You will not use the Services for spamming. Spamming includes, but is not limited to: the bulk sending of unsolicited messages; the sending of unsolicited emails which provoke complaints from recipients; the use of distribution lists that include people who have not given specific permission to be included; email harassment of another Internet user, including transmitting any threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive; the emailing of age inappropriate communications or content to anyone under the age of 18; and the sending of material that promotes or in any way supports an illegal activity.

14.3 You will not order Services for a website, channel or business that is illegal or that promotes anything listed above. We may refuse such an order under section 7.3.

15. Confidential Information and Intellectual Property Rights

15.1 You agree to keep safe the Confidential Information, which remains our property, and not to disclose or make available for disclosure to any person any part of it. If you are unsure whether information is confidential or not, assume it remains confidential until otherwise notified. The obligation to maintain confidentiality continues after you have stopped using Our Website or Services.

15.2 Once you stop using Our Website or Services or upon earlier demand, you agree to return to us any of our Confidential Information that is in your possession or control, including destroying all electronic files, applications and software stored on your equipment.

15.3 Any disclosure of Confidential Information may result in immediate termination of your access to Our Website or Services and prosecution for damages resulting from that breach.

15.4 We will defend the intellectual property rights in connection with Our Website and Services, including copyright in the Content and Material whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

15.5 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights and usage rights shall remain the sole property of us and / or the other Content provider. We will strongly protect those rights in all countries.

15.6 Except as set out below, you may not communicate, copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

15.7 You may not use our name or logos or trade marks or any other Content on any website or other medium of yours or that of any other person without our express written permission.

15.8 You may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

15.9 The design, theme, layout, code and Content of Our Website are our original work and are protected by copyright. They may not be copied, reproduced or imitated, in whole or in part, without our written permission. Anyone who does so will be held responsible and will bear the legal consequences, including payment of damages and legal costs.

15.10 Once you have paid in full, the work we create specifically for you (for example written content or videos) may be used by you on your own websites and channels.

16. Miscellaneous Provisions

16.1 When we communicate with you we do so by email. You agree that email communications create electronic transactions that are contractually binding in accordance with applicable law.

16.2 Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.

16.3 No waiver by us, in exercising any right, power or provision in this agreement, shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

16.4 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

16.5 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control.

Contact Us

Questions about these terms? Use our Contact Form. We are happy to explain anything before you order.