Web CEO Online Terms of Service
Last Revision: November 14, 2013
Web CEO Online (hereinafter "Service") is an innovative online solution that empowers you with a detailed website promotion action plan and provides a set of professional SEO tools to track your SEO efforts.
The Service is located at https://online.webceo.com (hereinafter "Service Website") and is operated by Web CEO Limited (hereinafter "Web CEO", "we" or "us").
For the purposes of these Terms of Service (hereinafter "Terms") "you" and "your" shall mean an individual or a legal entity that is eligible to be bound by these Terms.
2. Legal Agreement
Web CEO provides its services to users subject to these Terms. Please read these Terms carefully. By completing the registration process on the Service Website and/or upgrading to one of the service plans offered therein, you are stating that you are eligible for a user account.
By accepting these Terms or by using the Service, you acknowledge that you have read, understand and agree to be bound by these Terms. If you disagree with any part of these Terms, you should leave the Service Website and discontinue using the Service immediately.
If you are using the Service on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify you and Web CEO for violations of these Terms.
Web CEO reserves the right to modify these Terms from time to time without prior notice. Such modifications shall be effective upon posting them on the Web CEO website located at http://www.webceo.com. You agree to be bound to any changes of these Terms when you use the Service after any such modification is posted. It is therefore important that you review these Terms each time you make a purchase in the Service to understand the terms and conditions that apply to your use of the Service.
To start using the Service you need to register on the Service Website providing your email address and password. The provided email address and password are used to create your Service account and let you sign in to the Service Website. You can also sign in to the Service Website using your OpenIDs if you have any.
You agree to provide accurate and current information about yourself as may be prompted by the registration form on the Service Website, maintain the security of your password and accept all risks of unauthorized access to your password. You agree that you shall be solely responsible to Web CEO for all activities that occur under your account.
4. Grant of Right to Use
Subject to these Terms Web CEO grants to you a limited, revocable, non-exclusive right to use the Service solely as provided in your Service Plan. The scope of permitted report runs, keywords, search engines, etc. depends on your Service Plan. You may use the Service during the subscription period, provided you have paid and continue to pay the subscription fees, if applicable.
We hereby acknowledge, without limitation of the above said, your right and ownership to the data contained in the Service reports. During the subscription period Web CEO shall grant to you the right to:
- reproduce, copy, modify, adapt, translate and otherwise create derivative works of the Service reports,
- transmit and/or publish the Service reports,
- remove or place your own logos or brands on the Service reports, if applicable
The granted right shall terminate immediately when you fail to comply with these Terms.
5. Terms of Payment and Refunds
The Service is provided to registered users based on a selected subscription to a paid Service Plan. When users upgrade from a free Service Plan to any paid Service Plan, they agree to pay all applicable fees, including one-time or recurring fees incurred in connection with the projects of the Service account at the prices effective at the time a subscription is bought.
All subscriptions are billed in the Billing section of the Service Website where a registered user provides personal and credit card details. All transactions are processed via a Secured Socket Layer connection with 256 bit encryption, providing you with the highest level of security. Web CEO shall charge a user's credit card in accordance with the following rules:
- The billing period shall be 1 month, 3 months or 12 months and shall be selected by the Service users upon changing their Service Plan.
- When users upgrade from a free Service Plan to any paid Service Plan, an invoice shall be issued and their credit card shall be charged automatically upon upgrading and on the first day of every following 1-month, 3-month or 12-month billing period to renew their subscription to a current paid Service Plan for a subsequent billing period.
- When users upgrade their current Service Plan to the Pro Service Plan, an invoice shall be issued and their credit card shall be charged automatically upon upgrading and on the first day of every following 1-month, 3-month or 12-month billing period to renew their subscription to the Pro Service Plan for a subsequent billing period.
On the first day of every subsequent month, starting from the date of upgrading to the Pro Service Plan, their credit card shall be also charged to pay the active project fees and scanning costs that were incurred during the previous month according to the cost specifications for the Pro Service Plan given in the Billing section of the Service Website.
- When users downgrade or upgrade their current paid Service Plan before the subscription to it expires, an unused portion of the subscription fee, if any, shall be credited to their Service account to be further paid for any Service fees and charges.
- Any upgrade or downgrade of a Service Plan shall go into effect immediately.
- If there are insufficient funds on the Service account and/or on a user's credit card to renew a subscription to the current Service Plan for another billing period and/or to pay the active project fees and scanning costs of the Pro Service plan incurred during the preceding month, Web CEO shall establish a grace period of 14 (fourteen) days to give its users time to provide sufficient funds on their Service account or credit card.
On every day of the 14-day grace period, Web CEO shall try to charge a user's credit card for a due amount completely or partially, unless a due invoice is fully paid.
If within 7 (seven) days of the 14-day grace period a due invoice for renewal of a 3-month or 12-month subscription to any paid Service Plan was not settled, Web CEO shall attempt to renew a subscription to the current Service Plan for a 1-month period.
Web CEO shall continue attempting to renew a subscription to the current Service Plan until the end of the 14-day grace period. If during the 14-day grace period a due invoice was not paid, Web CEO shall downgrade the current paid Service Plan of a user to a free Service Plan. All projects of such user shall be suspended with the ability for him or her to renew any 2 (two) projects as a Free Plan user with limited access to tools and features. The suspended projects and reports shall not be deleted.
- All charges to your credit card are reflected in the Service invoices that can be found in the Billing history of the Billing section of the Service Website.
- Unless stated otherwise in writing, all Service subscription fees and charges are nonrefundable.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, WEB CEO AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTY AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WEB CEO AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT GUARANTEE AND DO NOT PROMISE (A) ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES; (B) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (C) THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. WEB CEO AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES ON THE SERVICE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation on liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, WEB CEO AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WEB CEO AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR WEB CEO TO PROVIDE THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WEB CEO AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS' AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO FIVE HUNDRED US DOLLARS ($500). YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO WEB CEO AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND YOU SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM WEB CEO AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, REGARDLESS OF THE CAUSE OF ACTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The Service users may terminate these Terms at any time by sending a notice to Web CEO.
Web CEO may terminate these Terms if Web CEO finds that a user has repeatedly violated these Terms. The termination shall be effective immediately or as may be specified in the notice.
Upon notification of termination by either party, a user must cease using the Service.
In the event of any termination a user shall not be entitled to any refunds of any subscription fees, any other fees, or any outstanding balance for Service rendered through the date of termination.
These Terms shall be governed by and construed in accordance with the laws of England and Wales without regard to conflict of laws principles. Any action relating to these Terms must be brought in the state courts located in London, England and you irrevocably consent to the jurisdiction of those courts and waive any claim that those courts constitute an inappropriate venue or inconvenient forum.
The Terms constitute the entire agreement between you and Web CEO and govern your use of the Service, superseding any prior agreements between you and Web CEO. If any provision of the Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
By using the Service, you agree to receive occasional emails from Web CEO. These emails shall include notices about your account and information concerning or related to the Service. These emails shall be a part of your relationship with Web CEO. You agree that any notice, agreements, disclosure or other communications that Web CEO sends to you electronically shall satisfy any legal communication requirements.
You may not assign these Terms to anyone, and any assignment of these Terms by you will be null and void.
The section titles and numbering of these Terms are displayed for convenience and shall have no legal effect.
If you have any questions or comments about these Terms, please contact us at firstname.lastname@example.org.