Within the context of these General Conditions, the words “you” and “your” refer to any customer (“Customer”) and the latter’s appointed agents / representatives, including therein his administrative contact person, while the words “we” and “our” refer to SEO Page Optimizer and its wholly-owned subsidiaries Keyboost and SEO Page Optimizer, with head offices at
iPower
Bisschoppenhoflaan 380
2100 Deurne
Belgium
VAT BE0862.692.585
The general conditions clarify our obligations vis-à-vis you and your obligations vis-à-vis us as they relate to SEO Page Optimizer service(s) purchased or requested by you. Through your purchase of the SEO Page Optimizer service(s), you recognize and acknowledge that we will be opening an account on your behalf with respect to the delivery of such services.
When you are making use of your account or give permission for another party to use the said account for the purchase of, or access in some other way to, additional SEO Page Optimizer services or for cancellation of, or modifications to, your SEO Page Optimizer service(s) (even in the event that we ourselves are not being notified of such a permission), the present (adapted) General Conditions shall cover such services or actions or transactions.
In addition to the above, you recognize and acknowledge that the administrative contact person shall function as your intermediate representative for all services delivered to you, including therein (but not limited to, domain name registration services), possessed of full authorization to represent you in the matter of such said services, including therein (but not limited to) the competence to terminate such services, to transfer them (in case transfer is permissible under the terms of the general conditions), or to modify/change them, or, likewise, to purchase additional services.
Acceptance of your request(s) for the performance of our services shall take place at our offices in Deurne, Belgium, unless contractually agreed to otherwise.
Articles 1 through 18 shall be applicable to all SEO Page Optimizer services requested or purchased by you.
IMPORTANT NOTICE WITH REFERENCE TO BUNDLED SERVICES: In the event you should proceed to the purchase of SEO Page Optimizer services that are sold bundled within one package, the cancellation of one segment of such services will result in the termination of all SEO Page Optimizer services, at the latter’s own choice and preference.
In exchange for the services you have purchased, you hereby agree to make payment to SEO Page Optimizer at our fees valid at the time of your purchase upon receipt of the invoice submitted to you by SEO Page Optimizer or by means of a standing payment order to the bank, if such an arrangement has been selected for the chosen contract. All fees shall be immediately payable and non-refundable.
A renewal of your services with us shall be subject to the conditions currently in force at the time of renewal, including therein, but not limited to, successful completion of the authentication procedure, and payment of all fees charged for our services and current and applicable at the time of the renewal.
Additional payment conditions may be applicable to the SEO Page Optimizer services purchased by you and as stated in the Attachment to the present General Conditions. In any and all instances, you, and you alone, shall be responsible for the credit card information which you pass on to SEO Page Optimizer As such, it shall be incumbent on you to inform SEO Page Optimizer without any delay of any possible change (e.g., change of expiration date or of account number). In addition, you, and you alone, shall be responsible for the renewal of our services. SEO Page Optimizer shall not assume any liability versus you or any third party with respect to the renewal procedure as described herein, including, but not limited to, any instance of neglect or fault committed in the renewal of the services.
You shall agree to the payment of any and all value added, sales, and sundry other taxes (other than taxes on income realized by SEO Page Optimizer ) that pertain to the services rendered by SEO Page Optimizer or on payments made by you under the present Conditions.
All payments to SEO Page Optimizer for services rendered shall be executed in the euro currency. Payment must be made prior to the invoice’s due payment date. In the event of delay in payment, the invoice amount shall de iure and in good right and without need for a prior notice of default be increased with a fixed penalty of 15 % with a minimum of 25,00 euro and render an interest of 15% per annum.
All orders, invoices, reminders and all other notifications are sent exclusively via e-mail. If you wish to receive your invoices by post, this must be notified in writing and a € 25 administrative fee will be charged per invoice.
You are herein agreed: (1) to provide truthful, current, and accurate information such as relates to yourself and as is being requested in the course of the application procedure; and, (2) in accordance with our procedures for keeping track of changes, to retain the information passed on to us at the time of your purchase of our services and to upgrade such information, with a view to maintaining all data up-to-date, complete, and accurate. We make use of such data to forward to you important information and messages regarding your account and our services.
You are agreed herein that SEO Page Optimizer (directly or via its third party service providers) shall be empowered, but without any obligation attached thereto, to make changes to any address information related to your account (e.g., address of the customer, billing address, etc.) and you are further agreed to allow SEO Page Optimizer to make use of, and rely and act upon, such changed address information for what concerns all matters related to your account (including therein the sending of invoices and other important account information), as if such changes were made directly by yourself.
You are agreed herein that all information to be posted on the website by SEO Page Optimizer or to be used for website optimization, search engine optimization, e-marketing and other SEO Page Optimizer services, will be provided digitally. Other ways of providing information cannot be accepted.
You shall warrant and undertake to provide us with assurances that you have informed, and have received permission from, any third party individual whose personal data you have supplied to us, and this with regard to: (i) the objectives and purpose for which the personal data of the said third party were gathered, (ii) the recipients or groups of recipients of the personal data of the said third party, (iii) which of the data of the said third party are mandatory and which data, case pertaining, are volunteered, and (iv) how the third party can gain access to and, if necessary, obtain corrections of, the data that are retained about him or her. You are further agreed herein that you shall provide any and all third parties with such notification, and obtain such permission from the latter, for what concerns all personal data of third parties that you will provide to us in the future. We ourselves shall not be held liable for the consequences resulting from failure on your part to provide notification to, or receive permission from, the said third parties in question, nor shall we assume liability for any outdated, incomplete, or inaccurate information provided by you. You are cognizant of the possible use by SEO Page Optimizer of data provided by you about yourself or about third parties and, in that respect, you are authorizing SEO Page Optimizer to use the data accordingly in pursuance of, and in conformity with, the Belgian Privacy Act.
You herein recognize and acknowledge that SEO Page Optimizer is not herewith transferring and assigning any intellectual property rights to you and that you are not being granted either explicit or implicit rights to the services by SEO Page Optimizer or the latter’s service providers, to the exclusion of the rights that have been granted explicitly within the context of these General Conditions.
SEO Page Optimizer undertakes to remain in full compliance with all of its obligations imposed on it under the terms of the general conditions. SEO Page Optimizer shall not intervene in any possible contractual relationships between you and the other users of the Internet.
In case you have invoices outstanding, no single form of liability can be invoked versus SEO Page Optimizer
SEO Page Optimizer shall not assume any kind of responsibility or liability with respect to loss or damage that might or could, either directly or indirectly, result in consequence of faults or disruptions of the apparatus operated by you or by any third party.
SEO Page Optimizer shall not be held responsible for damages (direct or indirect) resulting from a lower ranking of the customer’s site in the organic search results of Google or any other search engine, regardless whether or not the lower ranking in the search results of this or other search engines has any relation to the services delivered or not delivered by SEO Page Optimizer.
Moreover, SEO Page Optimizer cannot be held to account in the event that the transmission of the data was interrupted or impeded by an occurrence happening beyond the control of SEO Page Optimizer , such as an impairment or degradation of your programme or of your data storage media as a result of any kind of incident (shock, electrical overload, lightning strike, … ), fluctuations or disruptions in the electrical power supply, defects or disruptions in the telecommunication network, access failure to the internet, adaptation of the informatics configuration by a third party, etc.
SEO Page Optimizer only accepts a best-efforts obligation, in no event a result obligation, for all services provided by SEO Page Optimizer, including (but not limited to) search engine optimisation and e-marketing.
SEO Page Optimizer shall only be bound to the proper execution and provision of the secured online data storage service with the proviso that you, in the first place and for the entire duration of the services, remain in compliance with your obligations. In the event of default on your part to do so, SEO Page Optimizer shall be entitled to consider cooperation as cancelled or to suspend its obligations.
In the event that you have a complaint related to the malfunctioning of the system, or with reference to an incidence of damage, it shall be incumbent on you to inform SEO Page Optimizer accordingly via a registered letter against receipt, and this within 72 hours following the date on which you took note of the facts in question, on penalty of voidance and non-acceptance of your claim. In the event of either direct or indirect damage suffered by you, the responsibility assumed by SEO Page Optimizer for the damage in question shall remain confined within the limits that are directly related to its obligations as described in these conditions.
Vis-à-vis third parties, you yourself shall remain responsible for damage inflicted outside of the obligations and liabilities resting on SEO Page Optimizer. The service provided for data storage does not preclude (if you wish to proceed as such) the need to take precautionary measures to conclude an insurance guarantee that covers the risks pertaining to informatics data.
You yourself shall be responsible for respecting the copyright and intellectual rights that are associated with images and/or logos and you undertake to make all necessary arrangements in this respect. With the present, you agree to hold SEO Page Optimizer free and harmless against any third party actions as may be instituted in casu versus SEO Page Optimizer.
You yourself shall assume complete responsibility with regard to the use of the website and/or of the goods provided and, in this regard, remain the sole party responsible for the correct application of the legislative provisions obtaining. In this regard, it shall be incumbent on you to abide by the regulations pertaining to commercial practices, amongst others (Law of 14 July 1991), and to remain in full compliance with the privacy and public policy and morality acts.
You are explicitly agreed herein that your failure to abide by this provision shall entitle SEO Page Optimizer to consider such default sufficient ground for cancellation of its Agreement with you.
In the event that we should be threatened with a legal procedure or be the subject of a legal action instituted by a third party, it shall be incumbent on you to hold us free and harmless in such an action. We shall be entitled to participate in your defence against a third-party claim with respect to your use of the SEO Page Optimizer services, and to be represented by legal counsel of our own choosing and at our own expense. You, and you alone, shall be responsible for our defence against any and all claims.
The service of SEO Page Optimizer consists of the analysis of a specific web page or an html file for a specific keyword, according to language and geographical location. As a registered user, a customer is entitled to one free analysis per day. If a customer wants additional analyses, he/she can order them and pay for them in advance, either online or by bank transfer. As soon as the payment is registered with SEO Page Optimizer, the analysis counter is topped up with the analyses ordered and paid for by the customer. The customer can use those analyses whenever he/she wants, for every used analysis the counter goes down.
If a customer has ordered and paid for additional analyses and has not used them when the customer’s account is closed at his/her request, those additional analyses will not be refunded under any circumstances.
If a customer orders one or more optimised pages, the service of SEO Page Optimizer will stop as soon as the html files with the optimised content are delivered to the customer.
Please be aware that your credit card will be charged immediately after the purchase has been made.
Method of delivery of optimised pages:
In case you decide, by means of a commercial assignment, to have the present services transferred to a successor approved by SEO Page Optimizer , or by the party to whom the rights have been transferred or pledged, the original contracting partner, with proviso that he is without any arrears in his payments shall be released from his obligations and, consequently, also from the above-mentioned compensations. In the event that the transfer is not approved by SEO Page Optimizer, or by the party to whom the rights have been transferred or pledged, you yourself shall remain responsible for full compliance with these conditions.
You are herein agreed and guarantee that : (i) neither your registration nor the use of any of the SEO Page Optimizer services, nor the manner in which you intend to utilize such SEO Page Optimizer services, do, either directly or indirectly, constitute a violation of the legal rights of a third party, (ii) you hold and possess the required competence and authorization with respect to the fulfilment of all of the present General Conditions and the implementation of all obligations as mentioned herein, (iii) you are of legal age to conclude Agreements and (iv) you agree to abide by all applicable laws and regulations.
To be granted access to the SEO Page Optimizer services, or with a view to a modification/change of your account, you may be asked to establish an account and obtain a login name, an account number, password and/or pass phrase. You shall empower us to process all transactions executed on your account via the use of that login name and account number, that password or pass phrase. You, and you alone, shall be responsible for maintaining the confidentiality of your login name, the account number, the password, or the pass phrase. It shall be incumbent on you to inform us immediately of any non-authorized use of your login name, account number, the password, or the pass phrase. Furthermore, you shall be responsible for all non-authorized activities, charges and/or liabilities forth flowing from the use of your name, account number, the password, or the pass phrase. In no event are we to be held liable for unauthorized use or wrongful use of your login name, account number, the password, or the pass phrase, or the option concerning security authentication.
You are agreed that, if your agent (for instance, you administrative contact person, Internet Service Provider, employee) purchased our service(s) in your name and on your behalf, you are nonetheless bound as principal by all terms and conditions herein, including the stipulations pertaining to domain name disputes. Your continued use of our services shall ratify any unauthorized actions by your agent. By using your login name, account number or password, or other actions allegedly conducted in your name, your agent shall confirm that he or she has been authorized to have recourse to our services on your behalf, that he or she is authorized to commit you to the terms of these general conditions, that he or she has informed you of the terms of these conditions, and that he or she has been authorized to act accordingly on your behalf. In addition, you shall be liable for any possible errors committed by your agent.
We reserve the right to refuse access to the services of SEO Page Optimizer. In this case we shall agree to refund to you any applicable subscription fees you may have paid to us for which no services were delivered. You are agreed herein that we shall not be held liable to you for loss or damages that could or might result from our refusal to register you for the services of SEO Page Optimizer.
Barring any notice to the contrary herein, all notifications to SEO Page Optimizer, unless otherwise mentioned in the conditions, shall be submitted in writing, addressed to SEO Page Optimizer, Bisschoppenhoflaan 380, 2100 Deurne, Belgium. No change of address of the subscriber shall be valid if we were not duly informed of such a change by registered letter, unless where otherwise mutually agreed to by the said parties.
You are agreed herein that the entirety of the present General Conditions is divisible into individual constituent parts. In the event that any condition is declared to be invalid or non-enforceable, either wholly or in part, that condition shall not affect the remainder of the present General Conditions.
You are agreed herein that the present General Conditions and the provisions and codes of conduct that govern our practices and are contained therein, or to which reference is made, constitute legal commitments for the parties and shall supersede and replace all prior conditions and understandings, both in written form and verbally, established by custom and general practice, policy or precedent, with respect to the subject of the present General Conditions, including therein, but not limited to, your usage of the services of SEO Page Optimizer.
Barring notification to the contrary herein, your rights under these conditions shall be neither assignable nor subject to being transferred. Any attempt by your creditors to secure an interest in the rights that are part of these conditions, via attachment, collection, or otherwise, shall nullify and void the present conditions as well as any and all possible Agreements between the parties. You are agreed not to resell any of our Services without prior explicit written consent from SEO Page Optimizer
You recognize and acknowledge explicitly that the competence to hear and entertain all disputes concerning the interpretation or the implementation of these General Conditions and of the possible agreements validly concluded between said parties shall rest with the Courts of Antwerp. Parties are agreed that they opt for the application of Belgian law for what concerns any and all conflicts and interpretations that may arise as a result of the present conditions.