1.1 “SEO Mafia” – 4Business Corp Pty Ltd, trading as SEO Mafia, 391 Newman Road, Geebung, QLD, Australia. Telephone: 1300 404 888.
1.2 “SEO Mafia Cancellation Costs” means any cost for labour, materials, tooling, drafting and transport, manufacturing work in progress, and any Government fees or taxes including GST and without limiting the generality of the foregoing any other loss and damage arising because of cancellation of this Quotation of other approval.
1.3 “SEO Mafia Costs” means
- Its materials, labour and transportation costs; and
- Without limiting the generality of (a), any costs of SEO Mafia performing the Work.
1.4 “Event” – means:
- Any industrial dispute;
- Any inclement weather;
- The failure of any person or entity to supply any materials of SEO Mafia;
- Any law, riot, government restriction, civil commotion, Act of God; or
- Any other cause beyond SEO Mafia control, which directly or indirectly affects SEO Mafia’s ability to promptly perform its obligations to do the Work.
1.5 “Price” includes the sum of:
- The Quoted Amount;
- Any goods and services tax, sales tax and/or any other Government tax, duty or levy (other than income tax) payable on the goods and services which SEO Mafia supplies to you under this Quotation or on the supply of those goods and services.
1.6 “Progress Claim” means part of or all of the Quoted Amount which SEO Mafia may require:
- Upon receipt of order;
- At any time up to completion of the work;
- Upon delivery of the Services; or
- At any time or times during the performance of the Work
1.7 “Quotation” means the Quotation that You have requested from SEO Mafia, and includes these terms and conditions and any subsequent contract formed. If you accept this Quotation, you accept these terms and conditions as part of any subsequent contract.
1.8 “Quotation Expiry Date” means 30 days from the date SEO Mafia issues this quotation to you.
1.9 “Quoted amount” means the amount specified in this Quotation that SEO Mafia will charge for performing the Work and is based on SEO Mafia costs as at the date of the Quotation.
1.10 “Services” means any web design, marketing, or SEO service which You require SEO Mafia to provide to perform the Work.
1.11 “Work” means the provision by SEO Mafia of Services using particular Goods to produce and/or install the Services at Your request.
1.12 “You” and “Your” means the person or company or entity who has requested this Quotation. Where that person is composed of more than one person or company or entity then where ‘You” is used in this Quotation. All parties comprising “You” will be bound jointly and severally by these terms and conditions and each party warrants that it has the authority to bind all of the other parties.
1.13 The headings do not form part of this Quotation but are for aid and assistance in interpretation only.
1.14 Where the context permits or requires, words importing the singular number shall include the plural number and those importing a gender shall include the other genders and words importing natural persons shall include corporations.
2.1 Subject to clause 2.2, this Quotation remains valid and open for acceptance by You up to and including the Quotation Expiry Date.
2.2 SEO Mafia may:
Vary or withdraw the Quotation at any time before You accept it;
- After the date of the Quotation but before the Work is completed, adjust the Quotation for any variation in SEO Mafia Costs which occur after the date of this Quotation.
2.3 You acknowledge that SEO Mafia has made this Quotation on the basis that it will do the Work during normal working hours. If You request in writing and agree to pay any extra costs, SEO Mafia will perform the Work outside normal working hours. SEO Mafia will add the extra costs to the Quoted Amount.
2.4 Unless otherwise agreed to in writing by SEO Mafia, this Quotation can only be accepted by You in writing and without any alteration or addition to the terms and conditions.
2.5 Your written acceptance is not effective until received by SEO Mafia.
- Cancellation of any SEO Service, Contract, Hosting, or Quotation
3.1 Once You have accepted this Quotation, you may only cancel the subsequent Approval by written notice given to and received by SEO Mafia.
3.2 Upon cancellation, ‘You’ are immediately liable to pay SEO Mafia Cancellation Costs.
3.3 Here at SEO Mafia we don’t lock any of our clients into contracts unless the client is on a payment plan. A client may cancel their SEO & Google AdWords Campaign by giving 30 days of written notice from the client’s next billing cycle (1st day of every month).
3.4 All hosting plans provided by SEO Mafia have a minimum duration of 12 months. Any hosting plan may only be cancelled at the end of a given billing period. You are free to move a website to a different host at any time, but please be advised that the purchased hosting will remain active until SEO Mafia is notified to cancel the service.
3.5 All SEO Mafia Marketing Packages (“Wiseguy”, “Capo”, “Underboss”, “Godfather”) are 12 month contracts; during the contracted period of 12 months, SEO Mafia owns all intellectual property produced under the packages until the contract has been completed and paid. If for any reason the client would like to terminate the contract; all intellectual property will remain owned by SEO Mafia unless otherwise an agreement between the client and SEO Mafia is met to release property to the client.
- Terms of Payment
4.1 You must pay to SEO Mafia:
- The full amount specified on a monthly basis. Payment of the outstanding amount is required before monthly SEO upkeep by SEO Mafia can be performed.
- Interest at the rate of 20% per annum on any outstanding amount owed to SEO Mafia from the date due until paid.
- All financial institution fees, any legal costs and/or debt collection costs (the latter two on an indemnity basis), stamp duty and other government charges relating in any way to the establishment of operation of the contract or any security or any legal proceedings.
4.2 You must pay all money to SEO Mafia head office, or as directed by SEO Mafia;
4.3 All payments required to be made by You to SEO Mafia shall be made in full without any deductions or reductions for any set offs or counterclaims by You.
4.4 Before the commencement of Work, you must complete and return SEO Mafia application for Credit Account unless
- You have made full payment of the Quoted Amount to SEO Mafia; or
- You have provided security for the Price which is satisfactory to SEO Mafia.
4.5 Nothing in clause 4.4 limits Your liability to pay the Price.
4.6 No Work will be performed until You have complied with Clause 4.4, and SEO Mafia will not be liable to You for any loss or damage resulting from delay caused by Your failure to comply with that clause.
4.7 Payment of progress claims, Price or the Quoted Amount is not subject to the Work or any part of the Work being certified or accepted by: (a) You; or (b) Any other person whether for You or for a person to whom You have contractual obligation in relation to the work.
4.8 Any unpaid invoices related to hosting of websites by SEO Mafia will result in the automatic suspension of the web hosting service without notification. SEO Mafia will take possession of any materials hosted in the web space allotted to You until the invoice is paid.
- Certificate and Charge
5.1 A statement in writing signed by SEO Mafia director, manager, financial controller, credit manager or other authorized officer stating the amount of money which You owe to SEO Mafia is prima facie evidence of the amount payable by You to SEO Mafia as at the date of the statement.
5.2 By accepting this quotation you charge all Your interest in any real property you own now or in the future secure payment of any monies you owe to or any debt you have to SEO Mafia.
7.1 You may by written notice to SEO Mafia request variations to the Work;
7.2 Where You request additional Work You must:
- Pay all costs incurred by SEO Mafia in performing the additional Work; and
- Grant any extension of time reasonably necessary to enable SEO Mafia to perform the additional Work.
- Commencement and Completion
8.1 If this Quotation specifies estimated commencement and completion dates You acknowledge that:
- Commencement of the Work will be subject to the provision of:
- Full information, documentation and co-operation from You;
- Goods from other suppliers;
8.2 SEO Mafia has given estimated dates in good faith taking into account present conditions and circumstances in SEO Mafia control and the best information available to SEO Mafia at the date of this quotation.
8.3 You agree to grant SEO Mafia any reasonable extension of time to complete the Work if there is a delay which is not caused by or attributable to any act or default on the part of SEO Mafia.
8.4 The Work is deemed completed on the earliest of either the issuing of the final invoice by SEO Mafia to You or as otherwise notified in writing by SEO Mafia to You.
- Ability to Supply
9.1 SEO Mafia will make every effort to carry out the Contract. If because of an Event, SEO Mafia up is unable to fulfil any Contract, SEO Mafia:
- May at its option, give written notice to You either to: i. Terminate the Contract; or ii. Extent the time for performance of the Contract;
- Will be entitled to be paid by You for any part for the Work done or any Service delivered. That payment will be calculated using price rate set out in this Quotation. 9.2 You acknowledge that SEO Mafia failure to perform the Contract because of anything set out in this clause will not entitle You to treat the Contract as repudiated.
- Rights in relation to the Service
10.1 SEO Mafia retains the property of ALL their client’s marketing services (ie. – SEO Campaigns, SEM Campaigns and Google AdWords Campaign).
10.2 All monthly fees that are charged to clients are strictly for making adjustments to the client’s existing campaign.
10.3 Clients can purchase their Marketing Campaign, SEO Campaign, Marketing Strategy, SEO/SEM Strategy or Google AdWords Campaign after a price has been mutually agreed upon for both parties (ie. – client and SEO Mafia).
10.4 Clients agree to SEO Mafia transferring client’s domain into SEO Mafia’s possession for the duration of the contract.
- Governing Law
13.1 The Quotation and subsequent Contract will be governed by the laws of Queensland.
13.2 Any dispute arising in conjunction with this Quotation shall be heard in Queensland courts and you irrevocably submit to the jurisdiction of these courts.
13.3 You and SEO Mafia agree that proceedings may be commenced in any court in Queensland having jurisdiction and consent to that court having locality jurisdiction notwithstanding that the court would not have jurisdiction without this consent.
- If a clause or clauses in this Quotation are void, illegal or unenforceable, they may be severed without affecting the enforceability of the other provisions in this Quotation.
- Change of conditions
14.1 SEO Mafia may vary the terms and conditions of this Quotation by notice in writing to You.
14.2 You agree that the ordering of any further Work after the notice of varied terms and conditions from SEO Mafia up will be acceptance of the varied terms and conditions.
15.1 All notices must be in writing and in the English language.
15.2 Any notice may be given to You by SEO Mafia by:
- Personal delivery;
- Or delivery to the Your last known address;
- By facsimile;
- By certified mail;
- By ordinary mail, in which case unless the contrary is proven it will be deemed to have been delivered on the second business day following the date of posting; or
- By email, in which case unless the contrary is proven it will only be deemed to have been delivered upon acknowledgement of the email being sent by the receiver to the sender.
15.3 All notice that is given by You to SEO Mafia is only deemed to be given on the date of receipt by SEO Mafia.
- Read and Understood Terms
16.1 You acknowledge that you have read, and understood and accepted the terms of this quotation prior to accepting it.
- Your Authority
17.1 You authorise SEO Mafia to make such enquiries and receive such information from any of your bankers and business referees provided by You and otherwise from anyone as SEO Mafia may reasonably consider necessary;
17.2 Certify that any information provided to SEO Mafia is true and correct;
17.3 You acknowledge that SEO Mafia has informed You in accordance with Section 18E(8)9c) of the Privacy Act 1988 as amended, that certain terms of personal information about You is permitted to be kept on a credit information file and might be disclosed to credit reporting agencies; 22.4 In accordance with Sections 18H and/or 18K and/or Section 18L(4) of the Privacy Act 1988 as amended, You:
- Agree to report being given to SEO Mafia, for the purpose, of assessing the application for credit or commercial credit or assessing whether to accept You as guarantor as the case may be;
- Agree that SEO Mafia may use, for the purpose off, assessing an application for credit or assessing whether to accept You as guarantor, information concerning Your commercial activities or commercial credit worthiness obtaining from a person or body carrying on business or undertaking involving the provision of information about the commercial credit worthiness of persons;
- Authorise SEO Mafia to exercise Your rights of access to Your credit information files and credit reports.
17.4 You agree that SEO Mafia may give to and seek from any credit provider reports and information that have any bearing on Your credit worthiness, credit standing, credit history or credit capacity for any of the following purposes:
- To assess an application by You for credit or commercial credit;
- To notify other credit providers of a default by You;
- To exchange information with other credit providers as to the status of your account where You are in default with SEO Mafia or with any other credit provider;
- To assess Your creditworthiness or commercial credit worthiness at any time;
- To assess whether to accept You as guarantor or to continue supplying credit to You
17.5 You agree that SEO Mafia may seek from a credit reporting agency, a credit report containing personal information about You to assess whether to accept You as a guarantor for credit applied for, or provided to a party where You are named as guarantor;
17.6 You agree that these authorisations shall continue to have effect for the duration of the person during which the credit or commercial credit is provided or sought by You from SEO Mafia.
18. Recurring Payments Terms and Conditions
Your consent is important. By providing SEO Mafia with your credit card details, you are agreeing to the following terms and conditions regarding future recurring payments made against your credit card:
In Brief –
- You are agreeing that, in return for the provision of an on-going ‘marketing plan’ or ‘marketing subscription’, or ‘SEO plan’ or ‘SEO subscription’; or others services future recurring payments may be made against the credit card provided by you without the presence of a) the card or b) the card holder, and that payment may be made to SEO Mafia.
- These payments will be made at the beginning of each defined billing cycle.
- Cancelling your membership will prevent any future recurring payments being made against the credit card or debit cart provided the cancellation is made in the agreed-upon time frame
- You can cancel your membership at any time by sending an email of written notice to SEO Mafia
- If you cancel your membership, the membership will remain active / valid until the end of the billing cycle / date on which the next payment is due, at which point your membership will end / become inactive.
- Unless otherwise indicated or agreed by SEO Mafia, your payments are non-refundable. If you feel it is justified, you may request a refund from SEO Mafia, who holds sole discretion for deciding upon refunds.
19. Payment and refunds
Any payment will be attempted at the beginning of every billing cycle or the firs overdue payment. You will be notified if the payment attempt fails and, subject to the conditions of 4Business Group, payment may be re-attempted. If payment fails repeatedly, your on-going services will be deactivated / canceled, and you will no longer be entitled to the provision of services as determined by the marketing plan or marketing subscription, or SEO plan or SEO subscription, or other services when your membership is deactivated. You are not entitled to a refund of your payment unless this is agreed upon by SEO Mafia.