Terms and Conditions FBAMAP
ACCEPTANCE: This legal document regulates the business relation between FBAMAP (following denotes as “Us”, “The Company”, “FBAMAP”, “We”) and the customer (“You”, “Customer”, “Client”). Please, carefully read this legal document which represents a legal set of clauses that you must read and accept before using or purchasing any service through our domain fbamap.com (following as “The Website”, “The Site”).
1. Price: Any services has its internal specified price expressed in the website. Each price may vary from time to time, at our sole discretion and decision.
3. Warranty. FBAMAP does not warrant the number of sales per visitor that the Customer will make or the traffic or number of visitors that will visit Customer’s specified website. FBAMAP expressly disclaims and excludes all express and implied representations and warranties, whether statutory or otherwise. The Parties agree that, except as may be expressly provided in this Agreement, neither has made or makes to the other any representations or warranties respecting the compensation that the other may expect to earn or receive pursuant to this Agreement, or otherwise. Search engine optimization inherently runs risks of algorithmic changes or manual optimization actions by search engines. FBAMAP offers no guarantee or warranty of present or future placement, improvement or in any specific search engine.
4. Liability. FBAMAP’s liability for default or breach, including breach of any guarantee or warranty expressed within this Service Agreement, shall be limited to the lesser of (i) the amount actually paid to FBAMAP by Customer under this Service Agreement or (ii) ten thousand dollars. FBAMAP is not responsible for loss of income or projected loss of income for any reason, including, but not limited to, server failure, traffic variation, shipping cost variations (if applicable in the future, nowadays we provide only digital services), website unavailability, order decreases, search engine algorithm changes, manual optimization actions by search engines, keyword position decreases, data corruption, or data loss. Customer is responsible for, and FBAMAP has no liability for, the content, products, services, trademarks and other aspects of the website that are related to Customer’s business, industry, and competitors.
5. Cancellation. Given the nature of our services and products, we do not permit any cancellation. Any customer, before purchasing selected services, should properly read and understand what he/she is purchasing.
6. Payment of fees. Payments must be made promptly. Down payments are required to begin your project and ongoing services payment terms are due upon receipt. FBAMAP also reserves the right to remove web pages and created work from viewing on the Internet until final payment is made. In case collection proves necessary, the Client agrees to pay all fees incurred by that process.
7. Applicable Law. This Agreement shall be governed by the laws of the State of Australia.
8. Non-solicitation. During the term of the Agreement with FBAMAP and for a period of five (5) month after the Termination Date of all Agreements with FBAMAP , Client will not directly or indirectly solicit, induce or attempt to induce any current employee, former employee, or vendor of FBAMAP to terminate his or her employment or services with FBAMAP or to perform any work or services for Client or any of Client’s customers, vendors, or affiliated companies.
9. Non-disparagement. During the term of this Agreement and for a period of three (3) month after the Termination Date of all Agreements with FBAMAP , Client agrees to take no action which is intended, or would reasonably be expected, to harm FBAMAP or its reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to FBAMAP.
10. Future Services. Future services performed for the Client as either hourly or quoted services will utilize all provisions of this Agreement unless a new Agreement is established. FBAMAP agrees to continue to update and adjust search optimization services and plans in continued ongoing efforts to keep your website ranking as high as possible.
11. Modification. FBAMAP may make changes to services, products, and these Terms and Conditions at any time without notice. Your access or continued use of FBAMAP ‘s services and products subsequent to such a change will signify your assent to be bound by such changes. Client is responsible for periodically reviewing this website to review the current Terms and Conditions.
12. Assignment. Client may not assign any Agreement or its rights and obligations under any Agreement or Terms and Conditions.
13. Severability. The parties have attempted to limit the non-compete provision so that it applies only to the extent necessary to protect legitimate business and property interests. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
14. Injunction. It is agreed that if Client violates the terms of this Agreement irreparable harm will occur, and money damages will be insufficient to compensate FBAMAP. Therefore, FBAMAP will be entitled to seek injunctive relief (i.e., a court order that requires Client to comply with any and all Agreements and these Terms and Conditions) to enforce the terms of the Agreement and these Terms and Conditions. The prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing all Agreements and Terms and Conditions.
15. No Waiver of Rights. If one Party breaches these Terms and Conditions, then the failure of the other Party to enforce any rights under these Terms and Conditions shall not be deemed a waiver of any such rights. The rights and remedies of the parties, as set forth in these Terms and Conditions, are not exclusive and are in addition to any other rights and remedies provided by law.
16. Authorization. By electronically signing, or physically signing, an Agreement, the Customer attests that she/he has read, understand, and agree to these Terms and Conditions.