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TERMS OF OUR SERVICES

Terms of Service


Toucan Marketing Group Ltd. (hereinafter referred to as "us," "we," and "our") and "You" (hereinafter referred to as "the Client," "you," and "yours") have engaged into this Contract, which will take effect on the date indicated below.
Contents table:

1. Definitions
2. The Accountabilities of Toucan Marketing Group
3. The obligations of the client
4. Length of Time

5. Payment

6. Termination

7. Warranties
8. Accountability
9. Verification
10. Natural Disaster
11. Interpretation and Jurisdiction
12. Propriety
13. The signature

Definitions
"Services" refers to all labour, advice, assistance, setup, optimisation, updates, and other services that we provide to you in accordance with this contract or as otherwise decided with the client.
The terms "contract" and "agreement" refer to this agreement as well as all of the Parties' rights and responsibilities as stated herein.
The amount assessed for each Service billing cycle or term is referred to as "payment."
The terms "writing" and "written" refer to the instructions or declarations included in this contract as well as additional written or electronic correspondence.
The parties to this contract are referred to as "Party" or "Parties".
The terms "SEO work" and "SEO" refer to the expert search engine optimisation services we offer for your website, with the aim of satisfying the requirements of external search engines such as Google. This work's constraints and requirements are outlined and decided upon under Responsibilities.

The duties of Toucan Marketing Group Ltd.
We commit to providing the following services, which we will continuously modify to satisfy the ever-evolving needs of the SEO sector. We reserve the right, in the best interests of your company, to periodically modify the subtasks and procedures of each deliverable stated. If there are any significant changes to the deliverables, we will give you written notice along with our reasoning.
Without your prior agreement, we may at any time assign, transfer, charge, subcontract, or deal in any other way with all or all of our rights or obligations under this Contract. If we hire subcontractors, we agree to take full responsibility for all actions and inactions taken by them, just as we would if they were our own.
Website and industry description:
a comparative website designed primarily to connect gardeners with consumers. You may get everything you need for gardening at one place.

An explanation of the services rendered:
Methodology
Research, preparation, and strategy for keywords
analysis of SEO competitors and continuous observation
Onsite SEO Optimisation of content, landing pages, and keyword usage on websites
Analysis of the performance of websites
Offsite SEO Analysis, strategy, and planning for websites and backlink profiles
Building backlinks through outreach and writing
Google Analytics reporting
Management of search engine rankings
observing and spotting chances to enhance outcomes
Reach out to external properties (such blogs, directories, and social media sites) to represent your company and yourself as an established employee.

The obligations of the client
You acknowledge and agree that you have read this document, comprehend its definitions, and accept the rights and obligations stated within as binding.
Assume responsibility for the accuracy and lawful use of any information you give to us, and provide us with the information, access, passwords, and help we may reasonably request in a timely manner to allow us to perform the Services.
Choose a qualified person to communicate with us on your behalf when it comes to the Services.
Acquire and uphold all required authorizations and consents in relation to the Services.
Fulfil the conditions and deadlines for payments outlined in this document.

Time Frame
This agreement will come into force on a date that is mutually agreed upon and will include a mandatory three-month no-cancellation period. During their "three-month review meeting," "the Client" may request to discontinue the project after the required no-cancellation period. As an alternative, "the Client" may agree to extend the agreement in order to meet the suggested "12-month duration." After that, the contract will keep going on a rolling month-to-month basis until it is ended in line with the terms specified under Termination.

Payment
The final working day of each month is when we will send you an invoice for any services. You consent to paying any additional costs in accordance with the conditions listed on the invoice for those charges.
 

Overdue Payments

"The Client" is responsible for covering all charges and expenses, including reasonable legal fees, that we incur when enforcing this policy or when we try to recover money owed to us under it.

 

Default

If you don't pay us by the due date, you will be in payment default. We have the right to suspend the Services and impose a 10% penalty on the outstanding balance, without affecting our statutory rights.


Disputes

If you have any questions or concerns about any invoices, charges, or payments made under this agreement, you must give us written notice of them as soon as possible. In any case, you must notify us of your dispute or concern within thirty (30) days of receiving the invoice or charge in question so that we have enough time to address it.
 

Termination
After the initial three-month no-cancellation period, if you have paid all amounts due or payable to us—aside from those disputed in good faith—either Party may terminate the Contract with effect from the expiration of the mandatory no-cancellation term by providing the other Party with at least one month's written notice.
 

As an exception, either Party may immediately terminate the Agreement, regardless of the no-cancellation clause, if the other: Has violated this Agreement, unless the violation can be remedied; in that case, the innocent Party may terminate the Agreement if the other Party fails to correct the violation within 14 days of being notified in writing.
 

Enters either voluntarily or involuntarily into bankruptcy or liquidation (except from genuine corporate reconstruction or amalgamation), or if a receiver is appointed with respect to all or any portion of its assets.
 

Except in compliance with the aforementioned exclusions, we shall continue to offer the Services in the event that this Contract is terminated, and you will continue to pay the fees during the notice period. For any additional Services we have rendered at your request that you have not yet paid for, you will also need to reimburse us right away.
 

All of the Parties' responsibilities that, by definition or otherwise, last after the Contract's termination date will, as stipulated under Payment, survive termination on a pro rata basis.
 

Guarantees
You guarantee that you will: Observe all applicable laws and regulations governing data transmissions; Pay all fees owing hereunder when due, regardless of whether you have denied any Services under this agreement; Adhere to the licence terms for any and all items provided, installed, and/or maintained by us; and Not use our provided Services for unlawful or unauthorised purposes, to disrupt or interfere with other users, Services, or equipment, or to spread computer viruses or worms.
 

Not approach any of our contractors or workers for work during the course of this agreement, and for a full year following its termination.

We guarantee that the services to be rendered under this agreement will be carried out professionally and in accordance with industry standards.
Regarding this Agreement or the services, there are no other warranties of any kind, either expressed or implied, including but not limited to any implied expectation of ranking, profitability, or usage for a specific purpose.
In favour of this Agreement, all stated and implied warranties and conditions are hereby disclaimed.
 

Accountability
You acknowledge that we are not responsible for any outcomes that are beyond our control, like the calibre of leads your team generates or sales they make. You understand that modifications to search engine algorithms or policies are outside of our control.
 

You acknowledge and agree that third-party search engines and platforms have the right, at any time, to modify how your website's pages, content, and domain are viewed and displayed. As a result, the search engines may decide to exclude your website from search results or reduce its ranking. You acknowledge that we are not responsible for any such harm to your rankings. We take no liability for these search engines' and platforms' policies or algorithms.
 

You understand and agree that there will be no reimbursements or discounts for any harm done by any search engine, so long as we fulfil our end of the bargain. You confirm that, despite the fact that we will continuously offer professional advise regarding the Services, we have neither made nor implied any assurances regarding the rankings of your website in search engines because these are outside the purview and control of our company.


Nothing in this Agreement limits or attempts to limit our liability for fraud or fraudulent misrepresentation, or for death or personal damage resulting from our negligence.
 

You also consent to

 

Taking complete and sole accountability for the success of your company and the contentment of your clients.
 

Assume sole responsibility for comprehending and making sure that your business complies with all legal, regulatory, and contractual requirements. This includes, but is not limited to, any data that you and your clients maintain, any information that you give to clients or other third parties, and any necessary security and protection measures. Although we might help with the implementation of the systems, services, and operations required for compliance, you are ultimately in charge of the decisions made, the actions you take, and the results you get.
 

Accept complete responsibility for any damages or expenses you suffer or incur that are caused, directly or indirectly, by your failure to comply with any of the aforementioned requirements or by your payment default.
 

Furthermore, we shall not be liable for any loss of profit or any indirect, special, or consequential loss, damage, costs, expenses, or other claims (whether caused by our servants or agents or otherwise) in connection with the performance of our obligations under the Contract, nor will we be liable by reason of any representation, implied warranty, condition, or other term, or any duty at common law or under the express terms contained herein.
 

Should we fail to fulfil our specific responsibilities under this contract, your only recourse will be damages, which will never go over the costs and fees you paid for the services over the previous six months.


You pledge to hold us harmless from any losses, expenses, claims, or damages that we incur as a result of your actions, those of your agents, or those of your workers. Even though we have been advised of the risk of such possible loss or damage, we shall not be liable to you or any other person for any direct, indirect, or consequential damages, or for the loss of data, profit, or revenue arising out of or linked to this Contract.
 

Compensation
In connection with or arising from any breach by Client or its employees, agents, guests, or invitees of this Contract, you agree to hold harmless, defend, and indemnify us, our employees, contractors, directors, and agents, from and against any and all demands, claims, causes of action, fines, penalties, damages (including consequential), liabilities, judgements, and expenses (including without limitation reasonable attorneys’ fees).
 

You agree to defend any action or process taken against us, our workers, contractors, directors, or agents due to the claim for which you have indemnified us at your own expense and with counsel that is at least somewhat acceptable to us, upon writing demand from us.

 

Compel Force majeure
In the event that a circumstance outside of that Party's reasonable control causes a failure or delay in fulfilling its duties under the Contract, neither Party will be held responsible.
 

These causes can be anything from power outages to failures of internet service providers to strikes, lockouts, civil unrest, malicious computer programmes and code (such as viruses, Trojan horses, worms, malicious macros, and scripts), shortages, accidents, casualties, fire, flood, storms, earthquakes, governmental actions, epidemics, or any other event that is beyond the control of the Party in question.
 

Authority and Explanation
This Contract shall be interpreted and subject to English law in all material respects.
Both parties agree that the meanings and phrases used in this agreement should be understood clearly and unequivocally. The agreed terms may not be interpreted differently by a third party. Any disagreement between the parties will fall within the exclusive jurisdiction of the English courts and be interpreted in open court.
 

Keep Information Private
Each Party agrees that the Parties may exchange some confidential information with one another during the duration of the Contract. Except for the purposes of carrying out their respective duties under the Agreement, both Parties agree to keep the confidential information supplied by the other private.
Until the other Party gives written consent, each Party shall keep the information private and not share it with any outside parties.

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