
1. ServicesThis agreement is between Platinum Internet Pty Ltd (Platinum) and the customer for the supply of search engine optimisation services in accordance with the fees described in the Platinum Schedule (the schedule). This Schedule forms part of this agreement and Platinum may vary its terms from time to time. From time to time, a customer may upgrade these services in this Schedule by accepting the offer for new or varied services by Platinum. Where the Schedule is updated or varied to include new, additional or different services, then these terms and conditions will continue to apply.
2. GuaranteeAt Platinum, we are 100% committed to guaranteeing our client's success, and back this commitment with a money back guarantee. For web sites hosted by us, we will guarantee at least 20 first page rankings within 6 months across our primary target search engines, which include Google, Yahoo and MSN. These rankings will be on keywords elected by the client or recommended by our consultants. This guarantee means that the clients web site will appear on at least 20 occasions in total on the first page of results of any one or more of the primary target search engines identified by Platinum for a selected key phrase. Terms and Conditions in the contract also apply.
3. DefinitionsThe following definitions apply to words and phrases under this agreement: first page rankings means that the clients web site will appear on at least 20 occasions in total on the first page of results on any one or more of the target search engines identified by Platinum for a selected key phrase during the first 6 months of engaging Platinum under this contract; primary target search engines means the list of search engines identified by Platinum on its web site or otherwise from time to time; keywords means words selected by the client or identified by Platinum to assist the search engine ranking and includes words or phrases adopted or utilised by Platinum to make good its guarantee.
4. OperationThis agreement as well as the services will commence from the date of acceptance of these terms and the creation of an account. No account will be created until the fee has been paid in accordance with the Schedule.The schedule lists the number of key phrases that the customer can optimise based on the fee. The customer can upgrade the service to allow for the optimisation of additional relevant key-phrases at any time for an additional fee. The service the customer is supplied by Platinum will be based on the packaged purchased as detailed in the schedule. The service will submit to all major search engines and directories. The customer acknowledges that Platinum has absolutely no control over the decisions that a search engine or directory may take in listing the customer's site. Consequently, the Customer agrees to release Platinum from any liability resulting from the action of the search engine or directories that could cause the customer loss or harm or any action by them which does not lead to the promotion of the customer's web site.The customer will be supplied with a list of keywords relevant to their web site (after consultation with them) that will be used by Platinum for the optimisation process. Platinum may choose in its absolute discretion to add or delete key phrases to strengthen the customers campaign.
5. Operational RequirementsPlatinum may subcontract the performance of its services under this agreement in its absolute discretion. Platinum from time to time maintains detailed policies on its web site concerning privacy and acceptable use and the customer must comply with these policies. This agreement is governed by the laws in force from time to in place in the State of New South Wales Australia and the parties by entering into this agreement will be deemed to have submitted to the non-exclusive jurisdiction of the Courts of that State. All right, title and property to all intellectual property rights for the hardware, software, programming interface and infrastructure platform that Platinum provides to undertake the services are owned by Platinum and its licensors and suppliers. The customer owns all intellectual property to their own data and their web site, but not to data generated by Platinum to provide, maintain and monitor the provision and utilisation of the services. The customer will keep confidential all information concerning the business of Platinum, its staff, customers and contractors as well as all information concerning its product and services and will not disclose this information unless they have received written authorisation from Platinum. In no circumstances is the customer permitted to allow any competitors of Platinum access to the services or assist a competitor collect information concerning the services provided by Platinum under this agreement.
6. LiabilityThe flow of data over the Internet and through Platinum facilities is often provided or controlled by third parties. Platinum cannot be held liable for any loss or damage to the customer arising from the actions of third parties. Subject to any other provisions of this agreement, Platinum will not be liable to the customer in any way whatsoever for any lost revenue, loss of profits, replacement goods, loss of technology rights or services, incidental, punitive, indirect or consequential damages, loss of data, interruption or loss of use of service, whether advised of the possibility of such damages or not, whether under contract, tort (including negligence) or strict liability or otherwise. Notwithstanding anything contrary in this agreement, Platinum's maximum aggregate liability to a customer related to or in connection with the provision of the services under this agreement, is limited to the agreed fee and where this is paid on an instalment basis, to the amount of the first instalment paid by the customer. The customer agrees to indemnify Platinum, its officers, staff , contractors and suppliers from a claim from any of the customer's customers, or any third party, arising from the Customer's use or misuse of the services.
7. TerminationThis contract may be terminated by either party arising from a breach of a material condition of this agreement. Platinum may terminate this agreement for convenience at any time on 30 days notice to the customer and will refund any amounts prepaid for services not yet provided. The customer may terminate this agreement for convenience on 30 days notice, but where this occurs the total fee for the services engaged under the Schedule is to be paid.To ensure optimal results and maximum rankings for the customer, service will continue automatically at the end of the contracted term on the same terms. Either party may terminate the extended service at any time by giving seven days notice in writing.





