Terms And Conditions
SimplyFly llc. and its partners (“SimplyFly”) offers SEO-based lead generation services to help Client show up when people look for their services locally (the “Services”), and advertising (“Ad Content”). Client is entering into an agreement to use such services and accepts all the conditions listed below.
SimplyFly will use its technology and know how to promote Client’s services, locally, on the search engines using the local business listings that the search engines offer and capture leads for the benefit of the Client’s business: SimplyFly will use its SEO based techniques and deliverables to raise Client’s services on such local business listings.
SimplyFly will offer its Services for the following 12 months to the best of its ability delivering the expected minimum result as announced in its marketing material: if by the end of the 8th month of service, Client does not receive a minimum of a monthly 10 calls or 100 clicks from the SEO work done on your one keyword (or if Client chose Market Dominance plan, a monthly 40 calls or 400 clicks from the SEO work done on your five keywords), SimplyFly will double its SEO work on the existing chosen keywords for up to 12 months as long as Client continues to pay for service. If on month 12, the minimum guarantee has not been reached, Client will have the right to request a full refund (the “Refundable Guarantee”).
If Client doesn’t not maintain the paid service, Client waives all rights to the guarantee or any benefits.
If SEO option has been chosen, the minimum expected result will be that Client’s business listing on Google will be promoted to the first 3 positions for the Client’s brand plus the chosen keyword(s).
This agreement’s initial duration will be automatically renewed unless communicated otherwise by the Client 30 days prior to the anniversary date. Client’s credit card on file will charged accordingly on the anniversary date.
For the purposes of receiving the Services, Client agrees to provide (i) unlimited access to existing website traffic statistics and Analytics for analysis and tracking purposes in case the SEO option has been chosen, (ii) authorization to use client pictures, logos, trademarks, web site images, pamphlets, content, etc., or any for any use as deemed necessary by SimplyFly for search engine optimization purposes, (iii)in case the SEO option has been chosen, if Client’s site is lacking in textual content, Client will provide additional text content in electronic format.
The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork that exist on Client’s current website or that are provided to SimplyFly for inclusion on the website above are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend SimplyFly from any liability or suit arising from the use of such elements.
Client acknowledges the following with respect to the Services: (i) all fees are non-refundable unless the Refundable Guarantee is activated; (ii) all fees, services, techniques, marketing practices, documents, recommendations, and reports that SimplyFly shares with Client are confidential; (iii) SimplyFly has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future; the Client’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory; (iv) due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, SimplyFly does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term; (v) the Service start date begins after its full payment and when SimplyFly has received the completed on-boarding questionnaire from Client; (vi) SimplyFly has no control over the number of people in Client’s market area who are searching for Client’s types of services in any given month; SimplyFly also has no control over how many potential people will choose to call the Client in a given month; (viii) it is the Client’s responsibility to convert the calls or clicks into actual clients.
SimplyFly will not be liable for indirect, special, or consequential damages for any loss of revenue, profits or data arising in connection with this agreement or the Web Site, even if SimplyFly has been advised of the possibility of such damages. Further, SimplyFly’s aggregate liability arising with respect to this Agreement and the Web Site will not exceed the total service fees paid or payable to SimplyFly under this Agreement during any 30-day period.
SIMPLYFLY MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE WEBSITE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY OR NO INFRINGEMENT). IN PARTICULAR, AND NOT BY WAY OF LIMITATION, SIMPLYFLY DOES NOT WARRANT THAT THE WEBSITE OR ELECTRONIC MAIL SCRIPTS WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION. SIMPLYFLY WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. ALL ADVERTISING, TOLL-FREE TELEPHONE AND BOOKING ENGINE SERVICES ARE PROVIDED ON AN “AS-IS,” AS AVAILABLE BASIS.
SimplyFly reserves the right to edit, alter, omit, rewrite or refuse any information submitted for posting to the Web Site at any time. Photographs, text or graphics provided by Client are accepted upon the representation that Client has the right to commercially use the intellectual property submitted. In consideration of such posting to the Website, Client agrees to indemnify and hold SimplyFly harmless against any expense and/or loss by reason of any claims arising out of posting of submitted materials to the Web Site.
Ad Content: Client represents and warrants to SimplyFly that advertisements shall not contain any matter that is obscene or libelous, violates any person’s right of privacy, infringes upon common law, statutory copyright or trademark, and that is otherwise contrary to law.
Client shall indemnify and hold SimplyFly, its officers, directors, employees and agents harmless from any claim, loss, damage, amount paid in settlement, cost of expense (including reasonable attorneys’ and other professional fees) incurred or suffered by any of them by reason of breach of this warranty. SimplyFly reserves the right to alter or reject any advertisement that contravenes its general rules for acceptance of advertising or that in its opinion, may expose SimplyFly to any liability, but SimplyFly’s failure to exercise this right will not relieve Client of any of its obligations under this paragraph.
Overdue Balance: A service charge of 1.5% per month will be assessed on overdue balances. Client agrees that should it become necessary for SimplyFly to institute legal proceedings for the collection of any balance due under this account, Client will pay reasonable attorney’s fees to be fixed by the court and all costs to suit. In the event of an early contract termination, Client agrees to pay SimplyFly a 30% cancellation fee on the remaining balance of the contract.
Venue and Dispute Resolution: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida irrespective of any conflict of laws principles.