Terms & Conditions

Introduction

As part of our commitment to providing you with a premium search engine optimisation service, it is part of our contract with your company or business that you agree to the following terms and conditions. Please read this document carefully. If anything is unclear, please feel free to ask a Helium SEO consultant for clarification.

Definitions

• You: the client, business or company.
• Us or We: Helium SEO.
• Keyword: a keyword is a phrase or group of words that a single page of your site is optimised for.
• Search Engine: a search service as provided by companies such as Google, Yahoo or MSN.

Information You Provide

You agree to provide all the necessary information regarding the project that Helium SEO are to undertake on your behalf.

We do not accept clients who wish to promote the following:

• Race, hate or religious based groups
• Sex industry, pornographic or adult associated businesses

Your project information must be provided in the online submission form on our website once your subscription service has been chosen and paid for. If any information is incomplete, this could hinder the progress of your project and certain timeframes or deadlines may be affected. You agree that any information provided is wholly within your power to provide on behalf of your company and does not breach the privacy of any third party. Any breach of a third party's privacy, whether intentional or otherwise as a result of misinformation, shall not be used in a legal manner against Helium SEO for any reason whatsoever.

Cancellations & Refunds

As the nature of our work is labour intensive and the processes we use require large teams of people, services and resources, it is not possible to offer any refunds or cancellation rebates. If you wish to cancel, we do require 45 days' notice to disengage all systems, staff and resources (see Termination of Contract below).

Anyone attempting to sign up to share services with third parties will be rejected immediately, and there is no refund for any of our services.

Services We Provide

Helium SEO will undertake all search engine optimisation strategies deemed necessary on a case-by-case basis, as outlined on the Helium SEO website. All link building techniques employed are ethical SEO techniques. We aim to provide long-term benefits and endeavour to keep abreast of the latest search engine advancements. Based on this, Helium SEO will not be held accountable for unforeseen future changes in search engine algorithms or index inclusion policies. Not all listed services are available for all plans — some are provided only under specific SEO plans or as required by the competitive challenges of the relevant market.

Helium SEO's services may include:

• Researching keywords and phrases to select appropriate, relevant search terms.
• Obtaining backlinks from related websites and directories to generate link popularity and traffic.
• Editing and/or optimisation of text, meta data, page titles and page content on specified landing pages (where included in the chosen plan).
• Analysis and recommendations on optimal website structure, navigation and code for SEO purposes (where included in the chosen plan).
• Recommending additional web pages or content to capture keyword/phrase searches (where included in the chosen plan).
• Creating traffic and ranking reports showing performance in the major search engines.

Client Obligations

For the purposes of receiving professional SEO services, the Client agrees to provide:

• Administrative/backend access to the website for analysis of content and structure where necessary.
• Permission to make changes for the purpose of optimisation, and to communicate directly with any third parties (e.g. your web designer) if necessary.
• Unlimited access to existing website traffic statistics for analysis and tracking purposes.
• An admin-authorised email address for the purposes of requesting links (e.g. contact@yourdomain.com).
• Authorisation to use client pictures, logos, trademarks, website images, pamphlets, content and video as deemed necessary by Helium SEO for SEO purposes (where included in the chosen plan).
• If the Client's site lacks sufficient textual content, the Client will provide additional text in electronic format for creating additional or richer web pages. Helium SEO can create site content at additional cost — please contact us for an estimate.

Client Acknowledgements

The Client must acknowledge the following with respect to SEO services:

• All fees are non-refundable.
• All fees, services, documents, recommendations and reports are confidential.
• Helium SEO has no control over the policies of search engines with respect to the type of sites and/or content they accept now or in the future. The Client's website may be excluded from any directory or search engine at any time at the sole discretion of that search engine or directory. The Client acknowledges that Helium SEO will in no way be held responsible for any actions taken by any search engine that may cause adverse effects to the Client's business.
• Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms and other competitive factors, Helium SEO does not guarantee #1 positions or consistent top-10 positions for any particular keyword, phrase or search term. Helium SEO will endeavour to provide SEO services with the best possible outcome for the Client.
• Google has been known to suppress the rankings of new websites or pages until they have proven their viability — this is referred to as the "Google Sandbox." Helium SEO assumes no liability for ranking, traffic or indexing issues related to Google Sandbox effects.
• Some search directories offer expedited listing services for a fee. If the Client wishes to use such services, the Client is responsible for all associated fees. Helium SEO can provide a list of expedited listing services upon request.
• Linking to "bad neighbourhoods" or obtaining links from "link farms" can seriously damage all SEO efforts. Helium SEO does not assume liability for the Client's choice to link to or obtain a link from any website without prior consultation.

Additional Terms

5. Helium SEO is not responsible for changes made to the website by other parties that adversely affect the Client's search engine rankings.

6. Additional services not listed herein (such as managing pay-per-click campaigns, copywriting, link baiting, etc.) will be provided at a fee of $95–$175 per hour.

7. The Client guarantees that any text, graphics, photos, designs, trademarks or other artwork provided to Helium SEO are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each element. The Client will hold harmless, protect and defend Helium SEO and its subcontractors from any liability or suit arising from the use of such elements.

8. Helium SEO is not responsible for the Client overwriting SEO work on the Client's site (e.g. uploading over already-optimised content). The Client will be charged an additional fee for re-constructing content at $125 per hour, charged in 15-minute allotments.

9. Term of Contract — 12 months from the specified sign-up date. The contract is set to auto-renew for an additional 12-month period if the work carried out by Helium SEO is deemed satisfactory and met Client expectations during the current term. For any reason of non-performance by either party, the contract can be cancelled without recourse within the first 3 months of the initial contract period.

10. Termination of Contract — If Helium SEO does not perform to a satisfactory standard and the Client wishes to terminate, a period of 45 days' written notice is required before payment to Helium SEO will be terminated. Helium SEO reserves the right to terminate the contract if the working relationship between the Client and Helium SEO no longer becomes workable. Notice to terminate will be in writing, effective at the end of the current paid period.

Acceptance of Terms

This Helium SEO website is a service of GTG ART Enterprises Pty Ltd, trading as Helium SEO. By accessing this site and/or using the Helium SEO service, you agree to comply with and be bound by these Terms. When using particular Helium SEO services, you are also subject to any posted guidelines or rules applicable to those services.

Your use of the site is subject to applicable local, state, federal and international law. You agree not to use the site or any of its content for any illegal purpose, or to transmit any illegal, harmful, threatening, defamatory, obscene, hateful or otherwise objectionable material, or to interfere with or violate the legal rights of any third party.

Specifically, you agree not to: (a) upload or transmit content that is unlawful, harmful, abusive, defamatory, vulgar, obscene, invasive of another's privacy, or racially or ethnically objectionable; (b) harm minors in any way; (c) impersonate any person or entity or misrepresent your affiliation; (d) upload content you do not have the right to transmit; (e) upload content that infringes any patent, trademark, trade secret, copyright or other proprietary rights; (f) upload material containing software viruses or code designed to disrupt computer software or hardware; (g) interfere with or disrupt the service or networks connected to the service; or (h) violate any applicable local, state, national or international law, including regulations of the Australian Securities and Investments Commission or the Australian Stock Exchange.

Disclaimer

THE SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. HELIUM SEO MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH OR ACCESSIBLE VIA THE SITE. HELIUM SEO SPECIFICALLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY HELIUM SEO, ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS SHALL CREATE A WARRANTY. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

Limitation of Liability

YOUR USE OF THE SITE AND ITS CONTENTS IS AT YOUR OWN RISK. NEITHER HELIUM SEO NOR ANY OF ITS AFFILIATES OR OTHER PARTIES INVOLVED IN CREATING AND DELIVERING THE SITE OR SERVICE WILL BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF THIRD PARTIES ARISING FROM USE OF THE SITE, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD HELIUM SEO, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, PARTNERS AND EMPLOYEES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICE, USE OF YOUR ACCOUNT BY ANY THIRD PARTY, YOUR VIOLATION OF THESE TERMS, OR THE INFRINGEMENT BY YOU OR ANY THIRD PARTY USING YOUR ACCOUNT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.

Security Rules

You agree not to violate or attempt to violate the security of the site, including: (a) accessing data not intended for your use; (b) logging on to a server or account you are not authorised to access; (c) probing, scanning or testing the vulnerability of any system or network without proper authorisation; (d) breaching security or authentication measures without proper authorisation; (e) interfering with service to any host, network or other user, including sending unsolicited email, flooding, spamming, mailbombing or crashing.

You must possess the legal right and ability to use the site. Helium SEO reserves the right to cooperate with local, state and federal authorities in any investigation relating to purported illegal activity and, when required by law, to disclose personal information furnished by you to law enforcement authorities.

HELIUM SEO RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME BY POSTING CHANGES ONLINE. YOUR CONTINUED USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AS MODIFIED.

By signing up for any Helium SEO services or products you agree to abide by these terms and conditions.