SEM Packages Terms of Service

* SEM Management Terms Of Service also available.

1. The Service
- These Terms & Conditions govern the use of Ajuntas Search Engine Marketing services (the "Service"). - Unless explicitly stated otherwise, any new features that augment or enhance the current service shall be subject to these Terms and Conditions of Service. -
-Ajunta is provided to you on an "AS IS", "AS AVAILABLE" basis subject to the provisions contained herein for your personal or business use only. Any other use or attempt to use Ajunta for other purposes, directly or indirectly, by you or by a third party is prohibited.
Your participation in the Service is conditional upon your acceptance of these stated terms and conditions.
Please read the following terms and conditions. Your acceptance of these terms and conditions is indicated by your payment for the services.

2. Third Party Links
- Some portions of the Ajunta or users' Websites available on or through Ajunta may include links to third party sites. These links allow you to exit these Websites and enter third party or other users Websites. These links are provided only as a convenience. The linked Websites are not reviewed, controlled or examined by Ajunta and Ajunta is not responsible for the Information, advertising, products, resources or other material, of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement of the linked site by Ajunta. In no event shall Ajunta be liable, directly or indirectly, to anyone for any damage or loss arising from or occasioned by the creation, use or reliance, on the third parties' Websites or the Information, advertising, products, resources or material accessed through these Websites. Ajunta reserves the exclusive right in its sole discretion to add, decline or remove, without warning, any icon or link to a Website, from Ajunta and Ajunta user amended Websites.

3. Registration
- You must provide accurate, complete, and current registration information and you agree to provide Ajunta with an update of that information promptly should changes occur.
- Subscriptions to the Service are available only to individuals who are at least 18 years of age or to incorporated businesses or sole traders or partnerships or trusts or associations owned or operated by individuals who are at least 18 years of age. Your right to use the Service cannot be transferred to any other person or any other entity.
- Ajunta may change Keywords used in a Search Engine Marketing campaign in order to improve your campaign. Notice will not be provided of any such changes.
- Ajunta may terminate, at its own discretion, any registration, including without limitation any or all related information, communications, postings, Web pages, Websites or services, at any time, without notice, for any reason or no reason, including without limitation for conduct that violates local, state or federal laws or regulations or these Terms of Service, or material that Ajunta, at its sole discretion believes is harmful to others, the business of Ajunta or other third party information or service providers. You acknowledge that the Service contains information, software, photographs, graphics, keywords and other material (collectively, the "Content") that is protected by copyright, trademark or other proprietary rights of Ajunta or third parties. All Content on the Service is copyrighted as a collective work of Ajunta pursuant to applicable copyright law.
- You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. The Content is intended for the use of the registered subscribers of the Service. You may not 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, except as otherwise expressly permitted in these terms and conditions. Content consisting of downloadable software may not be reverse engineered unless specifically authorised by the owner of the software's patent and/or copyright. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of Ajunta or the owners of such Content or their authorised persons.
- You assume all risk and responsibility for determining whether any Content is in the public domain, regardless of any notices which may be posted on such Content. You grant to Ajunta the right to edit, copy, publish, distribute, translate and otherwise use any Content that you place on the Service, in any medium. You represent and warrant that you are authorised to grant all rights set forth in the preceding sentence. Any information supplied by you upon registration for the Service and certain other information which Ajunta may collect is subject to Ajunta's privacy policy. For more information, you can review Ajunta's privacy policy at http://www.ajunta.com.au/privacy-policy.

4. Fees and Payments
- You agree to pay all fees and charges incurred by you or any third party using your Service account (whether or not authorised by you) at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to applicable taxes, and charges for any products or services offered for sale through the Service by Ajunta or by any third party.
- Ajunta shall create and manage on your behalf an advertising network account, which may include Google AdWords, Yahoo! Search Marketing and other advertising networks. The services aim to maximise your website's performance in these advertising networks
- The subscription amount is the amount agreed to on the order form at the time of sale.
- Ajunta works closely with you to identify realistic goals and timelines and employ the appropriate mix of tactics to maximize your Google AdWords and Yahoo! Search Marketing accounts for your daily budget. If objectives are not met, we will offer to make it right within 30 days or more, based on the factors that relate to the objectives. You may pause your account at any time and you agree to make payment for all clicks up to the time of your request to pause the account being processed.
- Ajunta will not provide you with the login details of your Google AdWords, Yahoo! Search Marketing or any other advertising account at any time, as Ajunta will manage this account on your behalf as part of your package.
- While all attempts will be made to deliver the specified number of clicks for your chosen package, Internet traffic fluctuates and is beyond our control, therefore Ajunta cannot guarantee complete delivery. Where under delivery occurs, Ajunta will attempt to make up the difference in the following month.
- If your monthly payment has not been made, as per our payment terms of 7 days, your account will be suspended until payment has been received. If no payment is received by 30 days, as per the payment terms, the account will be cancelled and the account will not be subject to any form of a refund. Cancelled accounthistory or information will not be retrievable.
- The invoicing schedule for PPC direct search engine fees (including GST) for Google AdWords and Yahoo! Search Marketing are equivalent to the agreed upon package as per the Order Form shall be invoiced in advance. Ajunta shall provide PPC reporting to The Client on a permanent monthly basis for the Term of the subscription. All notices will be served in writing and shall be sent by electronic mail to the Client hereto at their respective addresses as specified on the order forms.

5. Cancellations Policy

- Notification of intent to cancel your Ajunta Search Engine Marketing must be provided in writing via electronic mail to accounts@ajunta.com.
- Once a cancellation request has been received, Ajunta will action the request within 5 working days and advise the client once the service has been cancelled.
- You are responsible for all charges incurred up to the time the account is cancelled, including all charges for the month in which cancellation became effective.

- Refunds on cancelled policies are generally not provided. Only in exceptional circumstances may a refund be provided for cancelled services. All refunds must be approved by management.
- The daily budget amount that has already been spent will not be refunded under any circumstances.
- Advertising network (such as Google and Yahoo) funds and click charges are not refundable under any circumstances.

- You must notify Ajunta if you do not wish to renew your subscription. Ajunta will automatically renew your subscription at the end of each period and invoice you accordingly as per the payment terms.
- Ajunta reserves the right, at its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. Ajunta may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability.

6. Disclaimer of Warranties
- You expressly agree that entering or using of Ajuntas services is at your own risk. No warranty, representation, condition, undertaking or term - express or implied, statutory or otherwise - including but not limited to the condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability, or fitness for a particular purpose or use of Ajuntas services is given or assumed by all such warranties, representations, conditions, undertakings and terms are hereby excluded.
- Ajunta makes no warranty that Ajunta will meet your requirements, or that Ajunta will be uninterrupted, timely, secure, or error free; Ajunta makes no representations as to the suitability of the information available on or through Ajunta, including but not limited to user amended sites, for any purpose nor about its legitimacy, legality, validity, accuracy, correctness, reliability, quality, stability, completeness or currency.
- Whilst Ajunta will make every effort to ensure a successful Search Marketing campaign for your business, Ajunta makes no warranty that a Search Engine Marketing campaign will generate an increase in sales, business activity, profits or any other form of improvement for your business or any other purpose,
- - Whilst Ajunta will make every effort to ensure a successful Search Marketing campaign for your business, Ajunta makes no warranty that a Search Engine Marketing campaign will lead to increased clicks to your business or other information.
- - Whilst Ajunta will make every effort to ensure a successful Search Marketing campaign for your business, Ajunta makes no warranty that a Search Engine Marketing campaign will lead to increased exposure of your business or your key words during your subscription period (including but not limited to, the position your advertisement is placed on a search result page or the frequency and time of day that your advertisement is displayed). All such information on the user-amended sites is provided by the users.
- The information available on or through Ajunta user amended sites is not reviewed, controlled or examined by Ajunta.
- Ajunta does not endorse, verify or otherwise certify the contents of any such information. Users are solely responsible for the contents of their websites and their AdWords advertisement content and may be held legally liable or accountable for the contents of their websites (including without limitation in connection with infringement of intellectual property rights of any other party).
- Ajunta abides by the guidelines of Google AdWords, Yahoo! Search Marketing and other advertising networks, key terms or adverts requested by the customer must also abide by these guidelines. The packages are sold on the terms of key terms being a key term and location, hence key terms on their own without a location may require a higher subscription or an increase in the customers current package.
- Ajunta is not responsible for the increase of any key terms cost per click, hence if your subscription amount can no longer cater for the key terms, they will be removed from your list of key terms. Ajunta does not warrant or guarantee:
- that any information available on or through Ajunta will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties;
- that the information available on or through Ajunta will not contain adult-oriented material, or material which some individuals may deem objectionable; or
- that the functions or services performed by Ajunta will be uninterrupted or error-free or that defects in Ajunta will be corrected. It is the sole responsibility of the user to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage user's information or system.

7. Limitation of Liability
- In no event shall Ajunta be liable to any party for any damages, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising - in any way, shape or form - out of the availability, use, reliance on, inability to utilise or improper use of Ajuntas services even if Ajunta shall have been advised of the possibility of such damages or is negligent, and regardless of the form of action, whether in contract, tort, or otherwise. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusions of incidental and consequential damages may not apply to you.
- In no event shall Ajunta be liable to any party for any delays, inaccuracies, errors or omissions with respect to Ajunta or the information or the transmission or delivery of all or any part thereof, for any damage arising there from or occasioned thereby, or for the results obtained from the use of information available on or through Ajunta. You expressly agree that Ajunta shall not be responsible or liable for any loss of data, nor shall Ajunta be required to return any lost data, resulting from the suspension or deletion of user websites or websites, network or system outages, file corruption or any other reasons.
- Ajunta urges you to maintain backup versions of your website's content to guard against losses of any kind. You expressly agree that Ajunta shall not be liable for any conduct by users of Ajunta and shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted, uploaded, posted or made available on or through Ajunta. You expressly agree to indemnify and hold harmless Ajunta, its subsidiaries, affiliates, officers, agents, co-branders and other partners, and its and their respective employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys' fees and disbursements and court costs) arising from or in connection with your Information, your use of or connection to Ajunta, your violation of these Terms and Conditions of Service or your violation of any rights of any third party.

8. Debtor Policy
- If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify the Seller from and against all the Seller's costs and disbursements including on a solicitor and own client basis and in addition all costs of collection.
- Without prejudice to any other remedies the Seller may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Seller may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Seller will not be liable to the Buyer for any loss or damage the Buyer suffers because the Seller exercised its rights under this clause.
- If any account remains unpaid at the end of the second month after supply of the goods or services the following shall apply: An immediate amount of $50.00 shall be levied for administration fees which sum shall become immediately due and payable.
- In the event that:
- any money payable to the Seller becomes overdue, or in the Seller's opinion the Buyer will be unable to meet its payments as they fall due; or
- the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
- a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then
- the Seller shall be entitled to cancel all or any part of any order of the Buyer which remains unperformed in addition to and without prejudice to any other remedies; and
- all amounts owing to the Seller shall, whether or not due the Seller arising out of these terms and conditions, and the Seller may take any lawful steps to require payment of the amounts due and the Price.
- The Seller can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Buyer.

9. Privacy
To the best of it's ability, Ajunta will ensure that client information is kept private and confidential. Any requests for client information from law government enforcement agencies will be met.

10. Miscellaneous
- Ajunta provides you with an initial draft of your Google AdWords and/or Yahoo! Search Marketing and/or other advertising network advertising copy via email and your account is uploaded upon your acceptance via email. When an account is uploaded by Ajunta onto Google's AdWords network, it is subject to Google's terms and conditions and approval clauses. Google AdWords and Yahoo! Search Marketing has a 48hr monitoring period in which Google will approve your account for online advertising. Ajunta will deem your account active once Google approve your account and email/fax a notification with your subscription start and end dates. Ajunta and all its customers must adhere to the terms and conditions of Google AdWords and Yahoo! Search Marketing and other advertising networks. Customers are able to request for changes to their Google AdWords and Yahoo! Search Marketing account once per month by sending changes to a customer care representative.

11. Changes to the Terms of Service
- Ajunta reserves the right in its sole discretion tomake improvements, corrections, adaptations, conversions and/or any other change in Ajunta and to any part thereof and/or to revise or modify these Terms and Conditions of Service;
- change, limit, terminate, remove or cease to provide at any time, temporarily or permanently, Ajunta or any part thereof, to all users or any number thereof including without limitation the use of or access to Ajunta, granted to you or to any other user, at any time, without notice, for any reason or no reason;
- refrain from publishing on this site and delete or remove from Ajunta, at its sole discretion, any Web page or Information or material provided for display, posted, uploaded or transmitted by any user or any part thereof;

- Ajunta may revise or replace these Terms and Conditions of Service from time to time. Such changes or modifications shall be effective immediately upon being published on http://www.ajunta.com.au/tos-sem. You agree that your continued use of Ajunta services, shall constitute your consent to the new or revised Ajunta Terms and Conditions of Service. Any reference made in this document to Ajunta shall be deemed to have been made to Ajunta, its suppliers, co-branders and licensors and each of their subsidiaries, successors, assignees, affiliates as well as any company that controls Ajunta, directly or indirectly, and any other subsidiary of that controlling company. If at any time these Terms and Conditions are no longer acceptable to you, you should immediately terminate your subscription to the Service in writing to support@ajunta.com.