The Terms of Service for working with Eggs Media are described hereunder. By agreeing to work with Eggs Media or utilize any Eggs Media services or the Eggs Media website, the customer accepts these Terms and Conditions. This includes as attached to any agreement that refers to these terms in print or electronically, by signing.
These Terms and Conditions regulate the service(s) provided by Eggs Media, as described in a service agreement and executed by Eggs Media and between Eggs Media and the Customer. As a result, all parties agree and acknowledge the following:
All services are subject to Eggs Media specifications and policies, which can be modified or changed at any time. Eggs Media reserves the right to amend or change any services to comply with these policies. All communication regarding Eggs Media policies and services shall be done only through the eggsmedia.com website, through applicable phone numbers listed on the website or by email to specified eggsmedia.com email addresses.
2. Eggs Media Website Content.
All content on this website, both in its entirety as well as any individual website pages or pieces of content, is copyrighted to Eggs Media. It should never be reproduced or copied to another website without explicit written consent and authorization by Eggs Media.
Any websites, apps, or documents that scrape content from this site through the usage of RSS feeds, bots, or manual methods will be reported to their web hosting company with a DMCA takedown notice.
3. The Campaign.
Eggs Media is not responsible for the accuracy of any information that is provided by the customer. Eggs Media does not and cannot guarantee a particular position(s) or appearance of a customer’s website in search engine listings. Despite best efforts, Eggs Media does not guarantee the appearance or position of the customer’s website in search engines due to a variety of factors and aspects of search engine performance regulations, search algorithms, and service providers.
Websites that are submitted to search engines, directors, or other such lists are not guaranteed to be accepted due to reasons unrelated to Eggs Media that are out of the control of Eggs Media.
Individual on-site services can only be performed by Eggs Media after the client provides access to the services contracted website. If, due to a customer’s failure to provide such access, Eggs Media is unable to perform services, no refund will be issued. Eggs Media is not responsible for any technical issues unrelated to Eggs Media such as server downtime and other matters.
Campaign development reports and other progress reports are available upon request or if otherwise mutually agreed upon by Eggs Media and the client. The details regarding such reports will be explicitly stated in the agreement.
Due to search engine indexing, SEO customers should expect changes in incoming traffic volume and quality after approximately 90 days (three months) from the service activation date. This timeframe can vary depending on several factors, many of which Eggs Media cannot control.
The customer grants Eggs Media permission to use software programs to retrieve and analyze websites associated with the campaign and provision of service.
Should a customer fail to provide payment, or promptly respond to Eggs Media representatives, Eggs Media may reject or terminate services at any time. Other reasons that prevent our team from successfully completing the outlined work will also result in termination.
Within 24 hours of payment being received, the customer may cancel the Contract without cause by email to email@example.com or phone to 647-349-7046. Customer will be entitled to a full refund only after first 24 hours from payment. After this point, a customer may cancel the Contract, but will be entitled to no refund.
Should a customer wish to cancel beyond the first 24 hours, this can be done by contacting Eggs Media directly through official communication channels. Monthly fees for completed months will be charged, and services will be provided in full for all paid months unless otherwise requested by the customer. Incomplete months will be rounded up to the next complete month.
Eggs Media may modify services, campaigns and/or the terms of these services or campaigns at any time by giving the customer a one-week Notice of Change. If the customer chooses to continue with services the after the Notice of Change is delivered, the customer is considered to have accepted the Change to the Terms.
5. Prohibited Uses; License Grant; Representations and Warranties.
The customer shall not advertise, authorize or engage in any illegal or fraudulent business practices. The customer will not violate or encourage the violation of any laws, regulations, codes of conduct. As well as third Party rights, including, without limitation, and intellectual property rights. Violation may result in immediate termination of the agreement.
The customer grants Eggs Media all rights including copyright, trademark, patent and such other rights for the purpose of carrying out the services listed in the agreement. Customer represents and warrants that all provided information is complete, accurate and current.
6. Disclaimer and Limitation of Liability.
To the fullest extent permitted by law, Eggs Media DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED. THIS INCLUDES, WITHOUT LIMITATION FOR NONINFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE, EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES. NEITHER PARTY WILL BE HELD LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, INTEREST OR GOODWILL AS WELL AS LOSS OR CORRUPTION OF DATA OR ANY LOSS OR INTERRUPTION TO CUSTOMER’S BUSINESS. EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO THE AMOUNTS PAID OR PAYABLE TO EGGS MEDIA BY CUSTOMER FOR THE AGREEMENT GIVING RISE TO THE CLAIM.
Outside of payment obligations, neither party is liable for any failure or delay resulting from any condition that is beyond the reasonable control of the party. That includes any changes made by Google or other search engines to their algorithms or design which may affect website placement or positioning. That is a continuing indemnity which shall remain in full force until such time that it is terminated.
Customer is authorized to act on behalf of any third party for which Customer advertises and such parties are bound to this Agreement.
Customer shall be responsible for all charges as set in the contract plus applicable taxes, and shall pay all costs in Canadian Dollars or equivalent to CAD with current market exchange rate unless otherwise specified. All work will be temporarily suspended in cases of declined or missing payment. In these situations, the customer must provide alternative payment within 7 days of being notified of the non-payment situation. If the payment is not provided within these 7 days, the service and the account will be canceled. Eggs Media reserves the right to revert the customer’s website to pre-contract state and cancel or suspend all listings in situations of non-payment. Eggs Media reserves the right to a legal action against the customer for outstanding balances. Customer is responsible for paying all taxes, government charges, and reasonable expenses and legal fees Eggs Media incurs if any further action is required to collect outstanding payments.
Where permitted by law, customer waives claim related to charges unless claimed within 30 days from the date of the charge. Customer understands and agrees that any financial and billing information, such as credit card information and other payment information provided to Eggs Media, may be shared with companies who work on Eggs Media’s behalf. That includes payment processors and/or sales agents. This information is shared solely for the purposes of processing payment. Eggs Media may also provide such information to a valid legal process, or to defend against the legal action. Eggs Media is liable for the use of such information by these third parties.
Customer agrees to hold Eggs Media harmless from third party claims brought against the customer or Eggs Media in relation to any services provided to the customer by Eggs Media. Eggs Media will also not be responsible for any and all damages, losses or costs such as legal costs, liability or expenses.
The Agreement is governed by laws of Ontario, Canada and constitutes the entire agreement between the parties with respect to the subject matter hereof. In addition, this agreement supersedes and replaces any other applicable agreements. Any information contained in additional documents, such as references to a purchase order number, or oral discussions that conflict with this agreement is considered void. No party shall disclose the terms or conditions of this Agreement to any third party, with the exception of professional advisors who operate under strict confidentiality or where required to comply with a government law, rule or regulation.
Customer may grant approvals, permissions, extensions and consents by email to firstname.lastname@example.org with read receipt confirmation. Notice to Customer may be delivered by sending an email to the email address specified in the customer’s account. This email will be considered as received when sent.
Any unenforceable provisions will be changed in order to reflect the parties’ intention and will be done so only to the extent required to make them enforceable. Customer may not assign any of its rights hereunder, and any such attempt is void.
Revision Date: March 1, 2017