These Sabree Media Search Engine Marketing Campaign (SEMC) Advertising Program Terms (hereinafter, the Terms), are entered into by the customer. By reading these Terms or any document that references or accepts these Terms electronically, the customer accepts the Terms and conditions attached to them and set up by Sabree Media (hereinafter, Sabree Media) in respect of the services provided by Sabree Media to the customer. These Terms govern Search Engine Optimization campaign(s) offered by Sabree Media (hereinafter, ‘Campaign’) in the scope of this document, described in your Search Engine Marketing Campaign, executed by and between Sabree Media and Customer. All parties hereby agree and acknowledge:
Campaign use is subject to all applicable Sabree Media ad specification requirements and policies. Policies may be modified any time. Customer shall direct communication only to Sabree Media regarding Customer’s Internet Advertising Campaign outlined on www.SabreeMedia.com website by or email to info@SabreeMedia.com. Sabree Media reserves the rights to modify ad description and wording to comply with any Policies related to SEO Advertising.
2. The Campaign.
Sabree Media will optimize and promote Customer’s website through Internet Search Engines and/or Social bookmarks and/or Web directories and/or Link Building Services and/or Article/Blogs Distribution (as states in the contract). Sabree Media may take up to thirty (30) calendar days from the payment date to process the data entry and to activate contracted service for the client.
Video Distribution will be only completed if a video is provided by the client. Sabree Media is not responsible for video creation or video editing of any kind.
On-Site SEO services can be performed only after client provides FTP to Sabree Media Technical Department to access the website the services were contracted for, absents of correct FTP login information, will result in inability or delay in performing the services. If Sabree Media is unable to perform the services due to customer’s failure to provide FTP access, no refunds will be issued.
Website Submission services do not guarantee inclusion of customers website in the submission results due to difference in search engine performance regulations and search algorithms.
Directory submission services do not guarantee acceptance to the directory for various reasons not related to Sabree Media. Reports for campaign development are available upon request or if otherwise mutually agreed by Sabree Media and client, which is explicitly stated on the agreement.
Sabree Media delivers majority of the services listed in SEMC within one month (30 days) from the service activation date. Due to the search engine specific rules for website indexing and actions Sabree Media takes to promote customers websites, customer should expect changes in incoming traffic volume and quality 3 months (90 days) after effective activation date.
Customer grants Sabree Media permission to utilize an automated software programs to retrieve and analyze websites associated with the Campaign for ad quality and serving purposes. Sabree Media may reject or terminate any Campaign at any time for Customer’s failure to provide payment.
Search Engine Marketing Campaign is subject to automatic renewal under same terms and conditions as specified in original agreement for the same duration as specified in original contract, excluding set up fees. Payment information specified in the contract will be used for purpose of payment for renewal and subject to Section 8 of these Sabree Media Corp Advertising Terms.
4. Cancellation And Refund
Within first 24 hours from the moment payment is received, customer may cancel the SEMC with out cause in writing by email to info@SabreeMedia.com. Customer will be entitled for a full refund. Customer that wishes to cancel after first 24 hours from payment will not be entitled to full refund but may be entitled to a partial refund.
In event that customer wishes to cancel any time beyond first 24 hours, they may do so by sending cancellation request in writing to Customer Care via email to info@SabreeMedia.com. Customer will be liable for full price of set up fee depending on the campaign purchased and regardless of any discounts given upon purchase of the campaign, as discounts are relative to payment terms only. Monthly fees will be charged for all completed months, all incomplete month will be rounded up to the next complete month, and the services will be provided in full for all paid months unless requested by client. The request to stop services before the completion of prepaid months does not qualify in any additional refunds.
At any time Sabree Media may modify the Campaign and/or its Terms, including change in the price initially charged by Sabree Media for the Campaign by giving the Customer a one-week notice (hereinafter, the Notice of Change) with no liability to Sabree Media, its partners, appointees or affiliates. Should the Customer choose to continue with the Campaign at the end of the one-week period since the Notice of Change was delivered to the Customer, it is understood by the parties to this agreement that the Customer has accepted the Change to the Terms and accepted such changes.
5. Prohibited Uses; License Grant; Representations and Warranties.
Customer shall not advertise personally and shall not authorize any party to advertise anything illegal or engage in any illegal or fraudulent business practice. Customer represents and warrants that it holds and hereby grants Sabree Media all rights (including without limitation any copyright, trademark, patent, publicity or other rights) in formulating the keywords and advertisement needed for Sabree Media to operate Internet’s advertising campaigns for Customer in connection with this Agreement. Customer represents and warrants that all Customer information is complete, correct and current; and Customer’s Services or product will not violate or encourage violation of any applicable laws, regulations, code of conduct, or third party rights, including, without limitation, intellectual property rights. Violation of the foregoing may result in immediate termination of this Agreement or customer’s account without notice and may subject Customer to legal penalties and consequences.
6. Disclaimer and Limitation of Liability.
To the fullest extent permitted by law, SABREE MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE, EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND CUSTOMER’S BREACHES OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO CUSTOMER’S BUSINESS, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO SABREE MEDIA BY CUSTOMER FOR THE AGREEMENT GIVING RISE TO THE CLAIM. Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including but not limited to acts of God, government, terrorism, natural disaster, labour conditions and power failures. The parties agree that this is a continuing indemnity which shall remain in full force until it is terminated
Customer represents and warrants that it is authorized to act on behalf of and has bound to this Agreement any third party for which Customer advertises.
Customer shall be responsible for all charges up to the amount of Search Engine Marketing Campaign, or as set in the contract, and shall pay all charges in Canadian Dollars equivalent to CAN with current market exchange rate for the day of payment, unless otherwise specified on the Search Engine Marketing Campaign. In case of declined/missing payment, all work on customer’s account will be temporary suspended and customer must provide alternative payment within 7 days of the notification. If payment is not provided within 7 days, the account will be cancelled and Sabree Media reserves the right to revert the customer’s website to pre contract state and cancel or suspend all listings. Sabree Media reserves the right to a legal action against the Customer for any outstanding balances. Customer is responsible for paying all taxes, government charges, and reasonable expenses and attorneys fees Sabree Media incurs collecting outstanding amounts. To the fullest extent permitted by law, Customer waives all claims relating to charges unless claimed within 30 days after the charge. Charges are solely based on Sabree Media’s measurements for the applicable Campaign, unless otherwise agreed to in writing. Customer acknowledges and agrees that any credit card and related billing and payment information that Customer provides to Sabree Media may be shared by Sabree Media with companies who work on Sabree Media’s behalf, such as payment processors and/or sales agents, solely for the purposes of effecting payment to Sabree Media and servicing Customer’s account. Sabree Media may also provide information in response to all valid legal processes, or to establish or exercise its legal rights or defend against legal claims. Sabree Media shall not be liable for any use or disclosure of such information by such third parties.
Customer also agrees and covenants to indemnify and save Sabree Media harmless from and against any and all third party claims, demands, actions and causes of action which may be made or brought against Sabree Media or the Customer or both in respect of SEMC or breach thereof, as well as Campaign conducted by Sabree Media, and from and against all damages, loss, cost, including legal costs on a solicitor and client basis, liability or expenses which the Customer may suffer or incur as a result of or in respect of the Campaign.
The Agreement is governed by laws of Ontario, Canada. The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any other applicable agreements, terms and conditions applicable to the subject matter hereof. Any conflicting or additional terms contained in additional documents (e.g. reference to a purchase order number) or oral discussions are void. Each party shall not disclose the terms or conditions of these Terms to any third party, except to its professional advisors under a strict duty of confidentiality or as necessary to comply with a government law, rule or regulation. Customer may grant approvals, permissions, extensions and consents by email. Any notices to Sabree Media must be sent to email@example.com with read receipt confirmation. Notice to Customer may be effected by sending email to the email address specified in Customer’s account, and is deemed received when sent. A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties’ intention and only to the extent necessary to make them enforceable, and remaining provisions of the SEMC will remain in full effect. Customer may not assign any of its rights hereunder and any such attempt is void.