Terms and Conditions of Use

 

Terms & Conditions

User’s Acknowledgment and Acceptance of Terms

Ker Communications LLC (“Us” or “We”) provides the KerCommunications.com website and various related services (collectively, the “Site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you. Your use of this website and services provided by Ker Communications LLC indicates your agreement to the Terms of Use laid out below and acknowledgment of the Legal Statements.
These documents may be modified without prior notice provided that the terms regarding the introduction of paid services are not altered without timely notification of all users. User’s continued use of the service constitutes an affirmative acknowledgment by user of these modifications.
The most current version of The Terms of Use and Legal Statements will always reside online at www.kercommunications.com. These Terms of Use and Legal Statements comprise the entire agreement between the users/clients and Ker Communications LLC, unless otherwise indicated.

As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

DESCRIPTION OF SERVICES

We make various services available on this site including, but not limited to, SEO (Search Engine Optimization), Online Advertising Management, Website Design and Development, Social Media Management, Consulting, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).

We reserve the sole right to either modify or discontinue the site, including any of the site’s features, at any time with or without notice. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

DISCLAIMER OF WARRANTIES
As User of the site you agree that the use of the site is at Users sole risk. The site is provided on an “as is” and “as available” basis. Ker Communications disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Ker Communications makes no warranty that the site will meet your requirements, or that the service will be uninterrupted, timely, secure, or error-free. Nor does it make any warranty as to the accuracy or reliability of any information obtained through this site.
No advice or information, either oral or written, obtained by you from Ker Communications shall create any warranty not expressly stated herein.

LIMITATION OF LIABILITY, INDEMNIFICATION
Ker Communications shall not be liable for:
(i) Any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the service
(ii) Cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through this service
(iii) Unauthorized access to or alteration of Member’s transmissions or data, including but not limited to damages or loss of profits
(iv) Statements or conduct of any third party on the service

LAWS
The Ker Communications Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, USA.

This site (excluding any linked sites) is controlled by us from our offices within the Commonwealth of Pennsylvania, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Pennsylvania, by accessing this site both of us agree that the statutes and laws of the Commonwealth of Pennsylvania, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Pennsylvania with respect to such matters.

ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

Miscellaneous
In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.



SEO/PPC Service Agreement

Usage of Ker Communications services constitutes acceptance of these terms and conditions. Any written agreement between you and Ker Communications, LLC will be similar to these terms. In the event that your written agreement differs from these terms and conditions, the written agreement will take precedence.

General

1.1. In these Product Terms, these words have the following defined meaning: Google Adwords means the online advertising product of the Supplier, Google. Google Analytics means the website data service offered by the Supplier, Google. Search Engine Optimization or “SEO” means the tools and techniques aimed at improving the search ranking of Client’s Website and relevant traffic on the key words selected and/or close variations of these phrases, and include search engine marketing techniques.

Product Services

2.1. For this Product, the Service consists of SEO or Pay Per Click (PPC) Advertising Management services. The exact composition of each campaign or project may be changed at any time by Ker Communications without notification to client.

2.2. This Service may include a Campaign Setup Fee (the cost of setting up the SEO services or PPC Campaigns), the Campaign Fee (the cost of the SEO services, website traffic monitoring and other data tracking technology including Client Dashboard and the Campaign Management Fee (cost of Service management and reporting).

2.3. Ker Communications may use a Supplier for providing some or all of the Services. Where relevant, Ker Communications will notify Client, and Client is responsible for ensuring they are complying with the most recent version of the Supplier terms. For example, if Ker Communications sets up a Google Analytics account which will be used by Client, Client is responsible for understanding and following Google’s Terms of Service.


SEO services

3.1 Client will:

3.1.1. authorize Ker Communications and its Suppliers act on behalf of Client in regard to search engines and other third party websites.;
3.1.1. authorize Ker Communications to optimize the structure and content of Client’s Website pages. Such changes generally have a minimal visual impact, and Ker Communications will work directly with Client in order to maintain the original look and feel of Client Website unless agreed to in writing or otherwise;
3.1.2. provide Ker Communications with log-on information (username and password) so Ker Communications can gain FTP and other Administrator access (sPanel, mySQL databases, myPHPadmin, etc) to the Client Website for the purpose of performing the required work.;
3.1.3. allow implementation of all optimization strategies recommended by Ker Communications on Client Website;
3.1.4. inform webmasters or anyone else who has access to the Client Website that Ker Communications is performing the SEO Services on the Website; and
3.1.5. ensure Client Website is always active and accessible.


3.2. Client agrees and acknowledges that the Service may be detrimentally affected if Client has:

3.2.1. employed the services of another SEO provider, or any other related services to work on the Client Website during the same period or previously/in the past;
3.2.2. employed the services of another SEO service provider, search engine submission company, blog network, or link building service during the same period, or in the past without notifying Ker Communications of present or prior usage of such services;
3.2.3. created any duplicate sites, duplicate content or pages, redirects or doorway pages; 
3.2.4. requested or exchanged links with link farms or undertaken any spamming techniques which may harm the Client Website; or
3.2.5. attempted to use any other techniques, whether allowed by Google or other Suppliers or not, to attempt to increase the SEO ranking of the site.

3.3. Ker Communications makes no warranty or representation:

3.3.1. as to the position your advertisement is placed on a search result page, or the frequency and time of day that your advertisement is displayed;
3.3.2. for any specific result on any search engine;
3.3.3. as to the quantity or quality of increased traffic or sales to Client Website; or
3.3.4. as to Client Website’s ranking. In particular, Client acknowledges that the search engines change their ranking algorithms on a regular basis and new sites and competitor sites may be being optimized and submitted continually.

3.4. While Google’s results are displayed on other search engines, Ker Communications Services are aimed at increasing visibility and boosting traffic from Google. Google does change its algorithm and Ker Communications is not responsible for the client’s rankings due to algorithm changes. Ker Communications will endeavor to maintain client’s Google rankings and organic search traffic, but the client acknowledges that Ker Communications is not liable for any loss of business due to ranking fluctuations caused by Google algorithm changes. Additionally, if Client has had any previous SEO work carried out on the Website by another SEO company, Ker Communications is not responsible for the client’s ranking fluctuations that may have been caused by this previous SEO work. Effects of SEO, good or bad, are sometimes not seen for several weeks or months after the actual activity took place.

3.5. Client acknowledges and agrees that the number of new visits to Client Website may be affected if:

3.5.1. Supplier discontinues or changes its product in such a way as to make the Service redundant;
3.5.2. Client Website is offline for a period of 1 day or more;
3.5.3. there has been a break in the Service due to non-compliance with this Agreement; and/or
3.5.4. Client has not supplied Ker Communications with sufficient information or access to perform Services.
3.5.5. Client fails to implement recommendations made by Ker Communications, or allow Ker Communications to perform the work required to implement recommended changes to the website or other web properties owned by the Client.

3.6. Client agrees to pay Ker Communications the Fees as set out in the Quote. If the client wishes to terminate the services provided by Ker Communications, this must be done in writing and 30 days notice is required.

3.7. In an event where Google performs an algorithm update, this may delay search result ranking. Ker Communications always performs a thorough evaluation of the client’s website after every Google algorithm update to make sure that the clients website still complies with the latest changes. A recommendation will be provided by Ker Communications to the client if the clients site is found not in compliance to the latest Google algorithm changes and this recommendation will be implemented within the next 14 days.

3.8. Ker Communications will not be held responsible for any unethical or otherwise detrimental SEO methods performed by client’s previous SEO service provider, website owner, or webmaster in the past or present. Ker Communications, will do what it can to assist the client in rectifying poor SEO methods implemented by previous SEO service provider as much as possible.

3.9 Cancellation of services must be in writing and 30 days notice is required.

Reporting
4.1. Client will be given reports on a monthly basis detailing Client Website traffic, rankings or other agreed upon performance metrics. If requested by Client, more frequent reports will be given at the sole discretion of Ker Communications. Client will be responsible for an additional fee to compensate for the work and resources required to analyze additional data and generate reports.
4.2 If requested, Client will be given access to a tracking Dashboard which will allow client to see website traffic and ranking data which is updated regularly. Client access to Dashboard is contingent upon maintaining an active service agreement with Ker Communications and may be terminated or discontinued at any time.

Campaign Payment and Performance
5.1. All SEO and Pay Per Click (PPC) Google Adwords Campaigns or Retainer Agreements are month-to-month agreements with a 6 month minimum term unless otherwise stated in writing.

5.2. “Service Month” is defined as being a period of 30 days after the date of the Bill or Invoice issued to the Client.

5.3. No work will be performed until payment for the current Service Month is received.

5.4. Payments from client which are not received within five days of the Due Date of the Bill or Invoice are subject to a Late Fee equal to 15% of the original invoice amount. Late Fee(s) will be applied every 30 days if past due balance persists.

Cancellation and Termination
6.1.  Client acknowledges that 30 days notice must be given in writing in order to to terminate the service provided by Ker Communications. SEO or PPC (Pay Per Click) Campaigns and retainer agreements may be cancelled at any time, provided Client gives 30 days notice in writing. Upon receipt of cancellation request, campaign billing will be cancelled at the conclusion of the following full Service Month from date of cancellation request. For example, if cancellation request is received on the 25th of any given month, billing will be in effect for the entire following month before ending.

6.2. Cancellation of any campaign prior to the end of the agreed upon term may result in a cancellation fee equal to one month’s billing.

6.3.  Client acknowledges that payment must be made in advance before any work will be carried out, unless otherwise agreed upon in writing. Ker Communications reserves the right to immediately cease work due to non-payment at any time with or without any notice to client.

No results are guaranteed or implied with any SEO services or products. The exact composition of each SEO package or retainer agreement may be changed at any time by Ker Communications without notification to client. Usage of Ker Communications services constitutes acceptance of these terms and conditions.

 
NOTICE AND TERMINATION OF SERVICE
Either Ker Communications or the User may terminate use of the service with or without cause at any time. Termination of services by client requires 30 day notice for cancellation, unless we have mutually agreed in writing otherwise. Ker Communications shall not be liable to users or any third party for termination of service. Upon termination, user’s right to use the service and the related software ceases immediately. No refunds will be given due to cancellation. Notices to Ker Communications must be sent to the attention of Customer Service at info@kercommunications.com or the email address of the Client’s usual point of contact at Ker Communications, if by email, or at the company address which is available on www.kercommunications.com, if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending. To provide any services Ker Communications requires clients to have a basic knowledge and understanding of computer usage, file formats, web browser usage, and email communication. Ker Communications also requires Reasonable Response in order to deliver products and services. Reasonable Response is defined as response from client within 72 hours from any email requests made by Ker Communications. Ker Communications reserves the right to cancel services if client does not meet this Reasonable Response requirement.


Updated 8/13/2014