Terms and Conditions
Please read the terms and conditions carefully. By clicking “accept” You agree to be bound by these terms and conditions.
The following terms and conditions apply in relation to your purchase of Social Media Management, SEO, Web Design, Audio Production, Mobile App Development, Photography, Amazon Consultancy (“Services”) and any other service SEO Elements Limited may provide.
By browsing and (where applicable) purchasing from https://www.seoelements.com (“Website”), You agree to be bound by these terms and conditions, and any additional terms and conditions presented during the purchasing process.
Application of terms and conditions
- In these terms and conditions, references to “we” and “us” means SEO Elements Limited (“SEO Elements”), and “our” has a corresponding meaning.
- “You” means you our customer under these terms and conditions and “your” has a corresponding meaning.
Purchasing Services from SEO Elements Limited’s Website
- While SEO Elements has endeavoured to ensure that the information provided on the Website is free from error, we do not warrant its accuracy, adequacy or completeness, and to the extent permitted by law we will not be responsible or liable for any error in, or omission from, the information provided on the Website. We reserve the right to make changes to the information provided on the Website at any time and without notice.
- Your placement of an order for Services via the Website is an offer to purchase our Services in accordance with these terms and conditions (“Offer”). In relation to your Offer, we may:
- accept your Offer by confirmation through e-mail in accordance with clause 6 of these terms and conditions; or
- for any reason, decline to accept your Offer in accordance with clause 9 of these terms and conditions.
- For the avoidance of doubt, the processing of your payment by DPS Payment Express will not be, for the purposes of these terms and conditions, amount to an acceptance of your Offer by us.
- You must provide all required information (including your name, contact details, and credit card details) or we might not be able to process your Offer.
Acceptance of Offer
- If we decide to accept your Offer as stated in clause 4(a), we will:
- send You a confirmation e-mail to the e-mail address Tou have provided with your Offer; and
- commence the provision of our Services to You.
- No Offer shall be considered to be accepted by us until our services are provided to You.
Rejection of Offer
- If we decline to accept your Offer as stated in clause 4(b), we will:
- attempt to notify You using the e-mail address You have provided with your Offer.
- Where Services are listed on the Website with an incorrect price or incorrect description or incorrect information, we reserve the right to reject your Offer for those Services (regardless of whether your payment has been processed for that order).
- Where your payment has already been processed in relation to your Offer that we have rejected, we will refund the amount paid by You in relation to that Offer.
- If You purchase the Services from the Website on your own behalf:
- You must be 18 years of age or over;
- You must be either purchasing on your own behalf or authorised to purchase on behalf of another person; and
- You must be purchasing the services for your own use or for the person You are purchasing on behalf of.
- If You purchase the Services from the Website on behalf of a company, association, partnership, or other such entity (“Entity”):
- You must be authorised to agree to these terms and conditions on behalf of the Entity;
- You must be authorised by the Entity to make the purchase;
- You must be authorised to use the Entity’s credit card used to make the purchase; and
- references in these terms and conditions to “you” include the Entity.
- By purchasing from the Website, You warrant that You meet the relevant conditions set out in clauses 9 and 10 above, as applicable to You.
Price and Payment
- The price payable for Services ordered by will be the price displayed on the Website at the time your Offer is submitted (subject to clause 10 above), together with any applicable charges (e.g. credit card fee) and any recurring charges in accordance with clause 17 and 18. Unless expressly stated otherwise, all prices displayed on the Website are stated and payable in New Zealand dollars and include GST. All international purchases will be charged to your credit card at the exchange rate applicable at the time of purchase.
- Services displayed on the Website, and their prices, are subject to change without notice.
- The price payable for Services ordered by You will recur monthly for certain services as stated on the Website or on the confirmation e-mail. The price payable per month is as stated on the Website or the confirmation e-mail. The payment will automatically be made on the same day as your initial payment on the following month.
- You will be able to terminate recurring payments at your discretion by e-mailing us at email@example.com or calling us at 04 887 1190. We will endeavour to respond to your request to terminate and cancel the automatic payments as soon as reasonably practicable.
Delivery of Services
- The length of time for the delivery of Service is as agreed between us in a supplementary contract for services, which will be provided to You if applicable, otherwise it will commence as soon as the confirmation e-mail is sent out.
- No refunds will be issued once our Services have commenced.
Intellectual Property Rights
- “Intellectual Property Rights” means all intellectual property rights whether conferred by statute, at common law or equity, including all copyright, rights in relation to inventions, trade secrets and know how, rights in relation to designs, rights in relation to trademarks, business name and domain names.
- All Intellectual Property Rights of a party or any of its licensors that are no developed, commissioned or created under or in connection with this agreement, will remain owned by that party or the relevant licensor.
- You agree that for the purposes of providing You the Services, You will grant us any necessary licence, sub-licence, or any rights we require to your Intellectual Property.
- You warrant and undertake that the necessary grant of rights to your Intellectual Property does not or will not infringe the Intellectual Property Rights of any third party.
- On and following termination or expiry of this agreement for any reason, we will immediately cease using your Intellectual Property Rights and shall promptly return or (to the extent required and reasonably requested by You) destroy all property of your information that is in our possession or control, except to the extent that we are required to hold such property and information for our insurance, records, or as otherwise required by law.
Limit of liability
- You agree that the Consumer Guarantees Act does not apply as the Services are provided for business purposes and, to the maximum extent permitted by law, our liability to You or anyone claiming through You (“Claim”), will be limited at all times to the purchase price of the product to which the Claim relates.
- We accept no responsibility to You for any loss of revenue as a result of our failure to provide the Services properly or our provision of the Services.
- We do not warrant, make any representations, or give any guarantees as to the performance of your business or the level of revenue or profits which You may receive as a result of our Services.
- We will use all reasonable endeavours to provide the Services in a professional manner.
- Subject to clause 32, neither party will be liable to the other party for any indirect, consequential or special loss or damage, whether arising in contract, tort (including negligence) or otherwise, under or in connection with this agreement.
- Subject to clause 32, each party’s total aggregate liability in respect of all claims, losses or damages, whether arising in contract, tort (including negligence or otherwise, under or in connection with this agreement, shall not exceed the total of the payments you have paid for the Services to us.
- Clause 30 and 31 will not limit liability for any deliberate breach of the terms of this agreement or for any breach of warranties provided under this agreement.
- We reserve the right to change these terms and conditions from time to time by publishing the changed terms on the Website. When revised terms and conditions are published on the Website, all Offers submitted by You after the revised terms and conditions are published shall be subject to the terms and conditions as revised.
- If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.
- We shall not be liable to You for any delay or non-performance of our contractual obligations to the extent that such delay or non-performance is caused by an event or circumstance which is outside our reasonable control.
- You shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any Services You purchase from us.
38)We maintain physical, electronic and procedural safeguards to protect your personal information. For example: All of your personal information and order details are encrypted with the industry standard, Secure Server Software (SSL) authentication. This fully encrypts and protects all of the information that you send to us over the internet (such as name, address, credit card number etc.). This information can only be read by authorised SEO Elements Ltd personnel, who will only use the information for the purpose of processing your order.
39)We will never display your full credit card number once it has been processed through our secure server. When you receive your order confirmation email we will only reveal the last four digits of your credit card for verification purposes.
40)We urge you to protect your own privacy. We recommend that you do not share your password with anyone or share your password in an unsolicited phone call or e-mail. Unfortunately, despite all of our efforts, there is always a slight risk that third parties may unlawfully intercept transmissions. This reality is true of all Internet use. As a result, we cannot ensure the security of any information you transmit, and you transmit all information at your own risk.
41)We take appropriate security measures to protect against unauthorised access to or unauthorised alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorised access to systems where we store personal data.
42)We restrict access to personal information to employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
These terms and conditions and any Offers may through the Website shall be governed by the laws of New Zealand and the courts of New Zealand shall have exclusive jurisdiction to hear and determine any dispute arising in relation to these terms and conditions and any Offer from the Website.