Terms Of Service Agreement

Introduction

WebMargin Agency provides a comprehensive platform application that offers a range of website development and SEO services. Our platform is designed to empower users with tools and features that facilitate efficient project management, approvals, and collaboration.

Acceptance of Terms

This Terms of Service Agreement (the "Agreement") is a legally binding contract between you ("User," "you," or "your") and WebMargin Agency ("Company," "Agency," "WMA," "we," "us," or "our"). This Agreement governs your use of our platform, website, and services. By accessing and utilizing our platform and services, you agree to comply with and be bound by the terms and conditions set forth herein.

If you do not agree with any part of these terms, please refrain from using the platform and its services. Your acceptance of these terms is a requirement for accessing and utilizing the features and offerings provided by WebMargin Agency.

Updates and Changes

WebMargin Agency reserves the right to update, modify, or amend these terms at any time. Changes will be effective upon posting of the updated terms on the platform. It is your responsibility to review these terms periodically to stay informed of any modifications. Continued use of the platform after changes have been posted indicates your acceptance of the updated terms.

Platform Use and Access

The WebMargin Agency platform is intended for use by individuals and businesses seeking website development and SEO services. Unauthorized use or access of the platform, including any attempt to circumvent security measures, is strictly prohibited.

Compliance with Laws

By using the platform, you agree to comply with all applicable laws, regulations, and third-party agreements. It is your responsibility to ensure that your use of the platform does not violate any legal obligations or rights.

Consent to Communication

By using the platform, you consent to receive communication from WebMargin Agency, including emails, notifications, and updates related to your account, projects, and services.

Your use of the WebMargin Agency platform signifies your acceptance of these terms and conditions. It is important to read and understand these terms thoroughly before using the platform and engaging in its services. By accepting these terms, you enter into a legal agreement with WebMargin Agency that governs your interactions and activities on the platform.

Terms & Definitions By Category

In this Agreement, the following terms shall have the meanings ascribed to them below. These definitions are provided to ensure clarity and understanding of the terms used throughout the Agreement. Please read these definitions carefully, as they establish the framework for the rights, responsibilities, and obligations of both parties.

1. User Accounts and Registration

This section outlines the terms and conditions governing user accounts and registration on the platform. By creating an account, you agree to adhere to the following terms:

1.1 Eligibility Requirements:

Age Requirement: Users must be at least 18 years of age to create an account.

Legal Capacity: Users represent that they have the legal capacity to enter into this agreement.

1.2 Account Creation and Security:

Accurate Information: Users are responsible for providing accurate and complete information during the registration process.

Account Security: Users must maintain the security of their account credentials and promptly notify us of any unauthorized access or breach.

1.3 Account Usage:

Personal Use: Accounts are for personal use only and should not be shared or used by multiple individuals.

Authorized Access: Users are responsible for any activity that occurs under their account.

1.4 Termination or Suspension:

Suspension or Termination: We reserve the right to suspend or terminate accounts that violate our terms or engage in unauthorized activities.

1.5 User Conduct:

Compliance: Users agree to comply with all applicable laws and regulations while using the platform.

Respectful Behavior: Users must interact with other users and our staff in a respectful and professional manner.

1.6 Communication:

Email Communication: By creating an account, users agree to receive email communications related to their account and services.

1.7 Data Privacy:

Data Collection: We collect and process user data in accordance with our Privacy Policy.

1.8 Modification and Termination:‍

Account Modification: Users can update account information as needed through the account settings.

Account Deactivation: Users can deactivate or delete their account, adhering to account closure policies.

1.9 Platform Changes:

Changes to Services: We reserve the right to modify, suspend, or discontinue any part of the platform or services.

1.10 Severability:

Enforceability: If any provision of these terms is found unenforceable, the remaining provisions shall remain in effect.

2. Projects

The platform offers a structured project management approach to facilitate the successful execution of website development and SEO projects. This approach includes clear guidelines for project creation, management, and approval processes.

2.1 Project Stages and Details:

Projects progress through distinct stages based on predefined services processes:

• Project Stages (Based On Services Processes): Users can track the advancement of projects through stages aligned with website development and SEO workflows.
• Project Name: Users assign a unique name or title to each project for easy identification and reference.
• Custom Project: Users may create custom projects tailored to specific needs, allowing for flexibility in project scope.
  
  

2.2 Project Timeline and Status:

Users should be aware of the following aspects related to project timeline and status:

• Date Created: The date and time when a project was initiated are recorded for reference.
• Estimated Completion Date: The estimated completion date provided on our platform is intended as an informational projection. It is subject to potential adjustments based on factors such as user communication, timely approvals, unforeseen circumstances, and additional project requirements. The nature of creative and technical processes may influence the actual completion date. We maintain the right to modify the estimated completion date as necessary. Your active engagement, prompt feedback, and milestone approvals contribute to the project's progression. By using our platform, you acknowledge and accept the potential for changes to the estimated completion date.
• Project Current Status (Text or Progress Bar): Users can view a textual description or a progress bar of the project's current condition or progress.‍

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2.3 Service Times and Expectations:‍

Users should be aware of the following aspects related to service times and expactations:‍

• Progress Tracking: You can use our tools to monitor how your project is progressing.
• Transparency: We provide clear timelines, stages, and updates to keep you informed.
• Timely Response: We'll respond quickly to your inquiries about project creation or updates.

Users should also note that the "Estimated Working Days" for each service package are typically shown when you review the service details or after you buy a service. These “working days” are business days – five (5) days a week, excluding public holidays.

3. SEO Services & Subscriptions

This section outlines the terms and conditions governing the SEO services provided by the platform. By subscribing to our SEO services, you agree to adhere to the following terms and understand the service deliverables:

3.1 Service Features:

Our SEO services encompass the following main features:

• SEO Main Website URL: The primary website URL for which the SEO services are intended.
• SEO Graphs: Visual representations of SEO performance metrics and trends.
• Google Search Console: Integration with Google Search Console for monitoring and analyzing website performance.
• Website Access: Users grant access to their website's backend for technical optimization and enhancements.
• Website Platform: The platform's compatibility with various website platforms for seamless integration.

3.2 Service Inclusions:

Our SEO Subscription services may include the following components when explicitly stated :

• Monthly Optimization: Regular optimization efforts to enhance website visibility and performance.
• Target Keyword Quantity: The number of keywords targeted for optimization.
• Technical Optimization: Improvements to the technical aspects of the website for better indexing.
• Minimal SEO Content: Creation and optimization of small amounts of copywriting content to improve search engine rankings.
• SEO Blogs: Development of blog content with SEO strategies for increased online presence.
• Organic Backlink Outreach: Efforts to acquire high-quality backlinks from authoritative sources.
• Other Items as Agreed: Additional services or components as outlined and agreed upon.

3.3 Exclusions:

Our SEO Subscription services do not include (Unless explicitly stated):

• Ecommerce Product SEO: Optimization of product pages for ecommerce websites.
• Detailed SEO Content Copywriting: Creation and optimization of large amounts of copywriting content to improve search engine rankings.

• Additional Services: Services beyond the defined scope may incur additional charges.

3.4 Limit of Liability:

• Results: SEO results may vary based on factors beyond our control, and no specific outcome is guaranteed.
• Website Impact: Changes made to the website for optimization may impact its performance or functionality. For more details on the Limitations of Liability and Disclaimers please go to Section 13 

3.5 Subscription Management:

• Update Subscription: Users can adjust subscription details, such as changing subscription type or keywords.
• Cancel Subscription: Users can cancel their subscription, adhering to cancellation policies.
• Subscription Renewal: Subscriptions renew automatically based on the chosen subscription type unless canceled.

3.6 Termination:

• Agency Discretion: The agency reserves the right to terminate or suspend subscriptions for violations or non-compliance  as it sees fit.

3.7 Payment and Billing:

• Billing Terms: Users agree to the billing terms and payment schedule for their chosen subscription.

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4. Files

The platform offers comprehensive file storage and management capabilities designed to facilitate seamless collaboration and efficient handling of website development and SEO projects. Users can utilize these features to store, access, and organize essential files, documents, and digital assets required for their projects.

4.1 User Obligations for File Management:

Users engaging in website development and SEO projects are required to adhere to the following obligations when utilizing the file storage and management features:

• Brand Guideline Files: Users can upload and manage brand guideline files accurately to ensure consistent branding across all project elements.

• Copywriting Files: Users should securely store and manage copywriting files, which include text-based content for website pages and SEO materials.

• Custom Files: Users are responsible for checking for any custom files uploaded by WebMargin Agency in relation to their projects or subscriptions.

• User Uploaded Files: Users are granted the capability to upload files to the platform. It is their responsibility to ensure that uploaded files adhere to legal standards and intellectual property rights.

• File Uploader: The platform provides a file uploader feature for users to securely and efficiently upload files. Users must utilize this feature responsibly and avoid uploading malicious or unauthorized content.

4.2 Data Integrity and Security:

Users are expected to uphold the integrity and security of uploaded files and digital assets. This includes:

• Avoiding uploading files that contain malware, viruses, or harmful content that could compromise the platform's security or other users' projects.
• Ensuring that files are accurate, relevant, and free from errors to maintain the quality of website development and SEO projects.
• Safeguarding sensitive and confidential information by adhering to data protection and privacy regulations, especially when sharing files with third parties.‍

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4.3 Backup and Retention:‍

While the platform offers file storage capabilities, users are responsible for maintaining their own backup copies of critical files. The platform does not guarantee permanent retention of files and may periodically remove files based on predefined retention policies.

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5. Approvals

This section outlines the approvals workflow and process within the platform for website development and SEO projects.

5.1 User Responsibilities for Approvals:

Users engaging in website design, development and SEO projects are required to adhere to the following responsibilities when submitting and reviewing approvals:

• Items to Approve: Users are responsible for reviewing and providing approvals for various aspects of website projects, including design elements, development progress, and SEO strategies.
  

• Project ID: Users should accurately reference the unique project identification assigned to each project requiring approvals.
  

• Approval ID: Users must reference the unique approval identification for effective tracking and communication.
  

• E-Signature Pad: Users are required to utilize the provided electronic signature pad to indicate their approval electronically.
  

• Approve Button: Users should use the "Approve" button to signify their agreement and approval of specific project elements.
  

• Request Edit Button: If revisions are necessary, users are responsible for using the "Request Edit" button to communicate required changes to the agency.
  

• Approval Approved: Users acknowledge that an approval marked as "Approved" is final and constitutes acceptance of the project status.
  

• Submit Approval Request: Users initiate the approval process by submitting a formal approval request for designated project components.
  

• Approval Request Received: Users will receive confirmation when their approval request is received and logged by the agency.
  

• Approval Links: Users are responsible for accessing and reviewing project elements through provided approval links.

5.2 Approvals Workflow and Process:

Users engaging in website design, development and SEO projects are required to familiarise themselves with the way approvals operate.

The approvals workflow and process involve the following steps:

• Users will receive notifications regarding pending approvals for their website projects, which may include design drafts, development milestones, or SEO strategies.
  

• Users should carefully review the project elements requiring approval, ensuring they align with their expectations and project objectives.
  

• If satisfied, users can use the "Approve" button or the provided e-signature pad to indicate their formal approval.
  

• If revisions are necessary, users can select the "Request Edit" button and provide specific details for the required changes.
  

• Once an approval is marked as "Approved," the agency will proceed with the project based on the approved elements.
  

• Users will receive confirmation of their approval status and any subsequent actions via the provided approval links.

Note: The approvals outlined above are specific to website development, design, and SEO projects within the platform. Users should ensure that their approvals accurately reflect their intentions and align with their project goals. Failure to provide timely and accurate approvals may impact project timelines and outcomes.

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6. Services & Checkout

The platform offers a comprehensive range of website development and SEO services to enhance online presence, visibility, and performance. These services are designed to address various aspects of website design, development, and optimization, and are tailored to meet the unique needs and objectives of users.

6.1 User Obligations for Service Engagement:

Users engaging in website development and SEO services are expected to fulfill the following obligations to ensure a smooth and successful service engagement:

• Services Category: Users should accurately select the appropriate services category that aligns with their project goals and requirements.

• Items Included: Users are responsible for reviewing and acknowledging the items included as part of their chosen service package.
  

• Items Not Included: Users should be aware of the items that are explicitly not included in their selected service package.

• Services Price: Users are required to make payments according to the specified services price as part of the checkout process.

• Services Processes: Users should familiarize themselves with the processes involved in the selected services, including design, development, and SEO workflows.

• Services “Fit For”: Users must consider whether the selected services are suitable for their specific business size, goals, and industry.

• Added To Cart: Users can add selected services to their cart for further review and checkout.

• Checkout: Users must complete the checkout process to confirm their selected services and initiate the project.

• Required Forms: Users are responsible for providing accurate and complete information as required by the platform to initiate the service.

• Form Confirmation: Users should review and confirm the accuracy of the information provided in required forms.

• Estimated Delivery Days: Users acknowledge the estimated delivery timeframe for the completion of their selected services.

• Order Total: Users are responsible for reviewing and confirming the order total, including any applicable taxes or fees.

• Order Currency (USD, AUD, GBP): Users acknowledge the designated currency for making payments.

• Cooperation and Communication: Users must actively participate in the service engagement by promptly providing necessary information, feedback, and cooperation required for the successful execution of the project. Failure to provide essential inputs may impact project timelines and outcomes.

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7. Estimates

The platform offers an estimate process that allows users to request and review detailed estimates for website development and SEO projects. This process is designed to provide transparency and clarity regarding the scope, cost, and expectations associated with each project.

7.1 User Obligations for Estimate Requests:

Users engaging in the estimate request and review process are expected to fulfill the following obligations to ensure accurate estimates and effective communication:

• Estimator Tool: Users should utilize the provided estimator tool to generate estimates based on their project requirements.

• Standard or Ecommerce Website Estimate: Users must accurately indicate whether the estimate is intended for a standard website or an ecommerce website, as this information impacts the scope of the estimate.

• Estimate Calculator: Users can use the estimate calculator to adjust project parameters and obtain estimates that align with their specific needs.

• Website Structure: Users are responsible for providing accurate information about the desired website structure, including the number of pages and sections.

• Design Details: Users must communicate design preferences, layout ideas, and visual elements to ensure accurate design-related estimates.

• Copywriting: Users should indicate whether copywriting services are required and provide information about the scope and extent of content needed.

• Plugins & Integrations: Users must specify any desired plugins, integrations, or third-party services that impact the project's complexity and estimate.

• Domain Settings: Users are responsible for providing accurate domain information and settings to ensure accurate estimates for website setup.

• Extra Website Features: Users should communicate additional features or functionalities they desire, as these can impact the project's scope and cost.

7.2 Estimate Review and Communication:

Users are expected to actively review and discuss estimates provided by the agency. Effective communication includes:

• Timely review of estimates to ensure they accurately reflect project requirements.
• Open and transparent communication about any changes, clarifications, or modifications needed in the estimate.
• Providing feedback and seeking clarification on any aspects of the estimate that require further explanation.

7.3 Estimate Status and Approval:

Users acknowledge that estimates have specific statuses, including "Estimate Approved" or "Estimate Rejected." These statuses show what the agency has decided about the estimate. It's important to understand that the agency has the final say on these decisions. The agency can decide which estimates become projects. This means the agency has control and can choose which estimates to work on.

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8. Support

The platform offers a comprehensive support process to address user inquiries, concerns, and technical assistance related to website development and SEO projects. This process is designed to facilitate efficient communication and provide users with the necessary guidance and resolutions.

8.1 Support Expectations:

Users engaging in support requests can expect the following support service expectations:

• Support Request: Users can submit support requests to seek assistance with technical issues, questions, or inquiries related to their website development and SEO projects.

• Support Details: Users should provide detailed information and context in their support requests to enable the support team to understand and address the issue effectively.

• Support Hours Available: Users are responsible for monitoring the “Support Hours Available” in their personal account in order to continue receiving support and being able to issue new support tickets.

• Active Support Tickets: Users can track and monitor the status of their active support tickets, allowing them to stay informed about ongoing inquiries.

• Support Packages: Users will have access to various support packages that offer different levels of assistance, response times, and access to resources.

• Monthly & One-Time Support Packages: Users can choose between recurring monthly support packages or one-time support packages based on their specific needs and preferences.

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8.2 Support Ticket Handling:

Users should be aware of the following aspects related to support ticket handling:

• Support Ticket ID: Each support ticket is assigned a unique identifier for tracking and reference purposes.

• Support Request Status: Users can monitor the status of their support requests, including whether they are open, in progress, or resolved.

• Date Created: The date and time of support ticket creation are recorded for reference.

• Support Type: Users should categorize their support requests based on the specific area or topic of inquiry.

• Time To Complete: Users can expect support inquiries to be addressed within a reasonable timeframe, depending on the complexity and urgency of the issue. The information popup will also show the user how long their request took to complete, which will then be deducted from their “Support Hours Remaining”.

8.3 Communication and Support Comments:

Effective communication and collaboration are key to successful support interactions:

• Users should actively engage in communication with the support team, providing any additional information or updates as needed.

• Support comments provide a space for the support team to provide updates, explanations, and resolutions within the context of a support ticket.

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9. Intellectual Property

This section outlines the ownership and rights associated with content and deliverables created through the services offered by the platform. By engaging with the platform's services, you agree to the terms detailed below.

9.1 Ownership of Content:

All content, materials, and deliverables created or provided through the platform's services, including but not limited to website designs, graphics, text, code, and multimedia elements, are the exclusive property of WebMargin Agency or its licensors until a full payment has been made for those services, after which the ownership will be transferred in full to the user.

9.2 User-Provided Content:

You represent and warrant that any content, materials, or data you provide to the platform do not infringe upon the intellectual property rights of third parties. You retain ownership of any user-provided content you submit to the platform.

9.3 Prohibited Activities:

You are prohibited from reproducing, distributing, modifying, creating derivative works, publicly displaying, or otherwise exploiting the content and deliverables without prior to the completion and full payment for your project or service or written consent from WebMargin Agency or the respective copyright holders.

9.4 Transfer and Assignment:

You may not transfer, sublicense, or assign any of your rights or licenses granted under these terms to any third party without the express written consent of WebMargin Agency.

9.5 Termination and Content Removal:

Upon termination of your account or engagement with the platform's services, your license to use the content and deliverables shall automatically cease. WebMargin Agency retains the right to remove, delete, or retain any content or deliverables at its discretion.

9.6 Copyright Infringement:

WebMargin Agency respects the intellectual property rights of others and expects users to do the same. If you believe that your copyrighted material has been used in a way that constitutes copyright infringement, please contact our team at support@webmarginagency.com.

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10. Payment and Billing

This section outlines the pricing, payment methods, billing cycles, and invoicing procedures for the services offered through the platform. By engaging with our services, you agree to the terms and conditions outlined below.

10.1 Pricing Changes:

• WebMargin Agency reserves the right to modify the pricing of its website design, development, and SEO services at any time and without prior notice. Pricing changes may apply to new and existing customers.
• Any changes to pricing will be effective immediately upon being posted on the platform or communicated through other means determined by WebMargin Agency.
• Users are responsible for checking the platform for the most up-to-date pricing information.

10.2 Discounts and Coupons:

• Discounts, coupons, promotional offers, or special deals may be provided by WebMargin Agency from time to time at its sole discretion.
• WebMargin Agency reserves the right to modify, revoke, or discontinue any discounts, coupons, or promotional offers at any time and without prior notice.

10.3 Notification of Changes:

• While WebMargin Agency may choose to notify users of pricing changes or adjustments to discounts, it is not obligated to do so. Users acknowledge that they are responsible for staying informed about any changes to pricing or discounts.

10.4 No Retroactive Changes:

• Pricing changes or adjustments to discounts will apply prospectively and will not affect any existing orders or subscriptions.

10.5 Payment Methods:

• WebMargin Agency accepts various payment methods, including credit cards, debit cards, and other electronic payment options, as specified on the platform.

10.6 Billing Cycles For Subscriptions And Stand Alone Services:

• Subscriptions are billed based on the selected subscription plan and billing cycle (monthly or yearly). The billing cycle begins on the date of subscription activation. Services are to be paid for at checkout, or via invoice when it is issued.

10.7 Invoicing:

• Users will receive electronic invoices for the services rendered. Invoices will be sent to the email address associated with the user's account or can be found in the “Custom Services” section of the platform.

10.8 Payment Authorization:

• By providing payment information, you authorize WebMargin Agency to charge the specified amount for the services rendered. You also authorize WebMargin Agency to store and use your payment information for future transactions.

10.9 Automatic Renewal:

• Subscription plans are automatically renewed at the end of each billing cycle, unless canceled by the user. Renewal ensures uninterrupted access to services.

10.10 Cancellation and Refunds:

• Users can cancel their subscription at any time through the account settings. Please refer to our cancellation and refund policy for detailed information.

10.11 Taxes and Fees:

• Prices for services may exclude applicable taxes, fees, or surcharges. Users are responsible for any such additional charges.

10.12 Failed Payments:

• In the event of a failed payment, WebMargin Agency may suspend access to the services until the outstanding payment is resolved.

10.13 Disputed Charges:

• If you believe there is an error or discrepancy in a charge, please contact our support team to address the issue.

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11. User Content and Submissions

This section outlines the rights and responsibilities of users regarding the content submitted to the platform by clients engaging in design, development, and SEO projects. By submitting content, you acknowledge and agree to the terms and conditions outlined below.

11.1 User Content Ownership:

• Users retain ownership of any content, materials, data, or information submitted to the platform, including design assets, textual content, multimedia elements, and project-related documents.

11.2 License to Use:

• By submitting content to the platform, users grant WebMargin Agency a non-exclusive, royalty-free, worldwide license to use, reproduce, distribute, modify, adapt, and publicly display the content solely for the purpose of providing the requested design, development, and SEO services.

11.3 Accuracy and Compliance:

• Users are responsible for ensuring the accuracy, legality, and compliance of the content submitted to the platform. WebMargin Agency  does not endorse or verify the content's accuracy or legality.

11.4 Content Review and Modification:

• WebMargin Agency reserves the right to review, modify, or remove user-generated content that violates these terms, infringes upon third-party rights, or is deemed inappropriate or objectionable.

11.5 Confidentiality:

• Users acknowledge that certain information submitted to the platform may be confidential or proprietary. WebMargin Agency will take reasonable measures to protect the confidentiality of such information, including the utilisation of NDA’s and other safe keeping measures.
  

11.6 User-Provided Assets:

• Users may provide design assets, branding materials, or other creative elements as part of the project. WebMargin Agency will use such assets solely for the purpose of delivering the requested services.

11.7 Use in Marketing and Promotion:

• Users grant WebMargin Agency permission to showcase completed projects, including visual representations, on the platform or in marketing materials, solely for the purpose of promoting WebMargin Agency's services.
  

11.8 Removal of Content:

• Users may request the removal of their content from the platform upon project completion. WebMargin Agency will make reasonable efforts to accommodate such requests.

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12. Termination and Suspension

As part of our commitment to providing a secure and transparent environment for users engaging in design, development, and SEO projects, this section outlines the conditions, process, and implications of user account or service termination and suspension. Please carefully review and understand the terms outlined below, as they govern your interactions with WebMargin Agency's platform and services.

12.1 User Account Termination:

WebMargin Agency reserves the right to terminate user accounts under the following circumstances:

• Violation of these terms, including non-compliance with any provision.
• Engaging in fraudulent, deceptive, or unlawful activities.
• Any misuse or unauthorized access of the platform or services.
• Repeated failure to fulfill payment obligations.
• User request for account closure through the account settings.

12.2 Service Suspension:

WebMargin Agency may suspend access to services under the following conditions:

• Unresolved payment disputes or failed payments.
• Investigation of potential violations of these terms or unlawful activities.
• User content that violates third-party rights or is objectionable.
• User Misconduct, Rudeness, or Lack of Communication: In cases of user misconduct, rudeness, failure to communicate, or disruptive behavior, we retain the right to suspend access to services.

12.3 Account Termination Process:

• In the event of account termination or service suspension, WebMargin Agency will provide reasonable notice to the user. Depending on the severity of the violation, immediate termination may occur without notice.
• Users will be notified via email of the account termination or suspension, along with the reason for such action.
  

12.4 Implications of Termination:

• Upon account termination or service suspension, users will lose access to the platform and services associated with the terminated account. This includes project data, content, and any ongoing services.
• WebMargin Agency may, at its discretion, retain user data and content for a limited period after termination for record-keeping purposes.

12.5 NO LIABILITY FOR TERMINATION:

• WEBMARGIN AGENCY IS NOT LIABLE TO USERS OR ANY THIRD PARTIES FOR ANY DAMAGES, LOSSES, OR CLAIMS ARISING FROM ACCOUNT TERMINATION OR SERVICE SUSPENSION.

12.6 User Responsibility Upon Termination:

• Upon account termination, users are responsible for retrieving any data, content, or materials stored on the platform. WebMargin Agency is not responsible for any loss of data after termination.

12.7 Right to Appeal:

• Users may appeal account termination or service suspension by contacting WebMargin Agency within a time frame of 14 days. WebMargin Agency will review the appeal and may reinstate the account or services at its discretion.

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13. Limitation of Liability and Disclaimers

13.1 DISCLAIMER OF WARRANTIES:

• WEBMARGIN AGENCY MAKES NO WARRANTIES OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR SUITABILITY OF THE WEBSITE DESIGN, DEVELOPMENT, AND SEO SERVICES. WE DO NOT GUARANTEE SPECIFIC RESULTS OR OUTCOMES FROM THE USE OF OUR SERVICES.
• WEBMARGIN AGENCYDISCLAIMS ANY WARRANTIES RELATED TO THE AVAILABILITY, PERFORMANCE, OR SECURITY OF THE PLATFORM. USERS ACKNOWLEDGE THAT THEIR USE OF THE SERVICES IS AT THEIR OWN RISK.
• EXCLUSION OF EXPRESS WARRANTIES: OUR AGENCY STRIVES TO PROVIDE HIGH-QUALITY WEBSITE DESIGN, DEVELOPMENT, AND SEO SERVICES. HOWEVER, WE DO NOT MAKE EXPRESS WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THE SERVICES, PRODUCTS, OR INFORMATION PRESENTED ON OUR PLATFORM. YOUR RELIANCE ON ANY INFORMATION PROVIDED IS AT YOUR OWN DISCRETION AND RISK.
• OUR COMMITMENT: WE ARE DEDICATED TO DELIVERING EXCEPTIONAL WEBSITE DESIGN, DEVELOPMENT, AND SEO SOLUTIONS. NEVERTHELESS, OUR OFFERINGS ARE PROVIDED "AS-IS" AND "WITH ALL FAULTS," AND WE RETAIN THE RIGHT TO MAKE MODIFICATIONS OR CEASE ANY SERVICE WITHOUT PRIOR NOTICE.
• EXCLUSION OF IMPLIED WARRANTIES: TO THE MAXIMUM EXTENT PERMISSIBLE UNDER THE LAW, WE EXPLICITLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IT'S IMPORTANT TO NOTE THAT CERTAIN JURISDICTIONS MIGHT NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND IN SUCH CASES, THE EXCLUSIONS SPECIFIED HERE MAY NOT APPLY TO YOU.
• UCC § 2-316 COMPLIANCE: IN ACCORDANCE WITH THE UNIFORM COMMERCIAL CODE (UCC) § 2-316, WE UTILIZE LANGUAGE LIKE "AS IS," "WITH ALL FAULTS," OR SIMILAR TERMS TO CLEARLY INDICATE THE EXCLUSION OF IMPLIED WARRANTIES. THIS LANGUAGE IS INTENDED TO ALERT YOU THAT NO IMPLIED WARRANTIES ARE PROVIDED AND THAT YOUR UTILIZATION OF OUR WEBSITE DESIGN, DEVELOPMENT, AND SEO SERVICES IS UNDERTAKEN AT YOUR OWN RISK.
• LEGAL CONSIDERATIONS: PLEASE BE AWARE THAT REGULATIONS CONCERNING WARRANTIES CAN VARY BASED ON YOUR JURISDICTION. SOME JURISDICTIONS MAY NOT RECOGNIZE THE EXCLUSION OF IMPLIED WARRANTIES OR MAY IMPOSE SPECIFIC REQUIREMENTS FOR THE LANGUAGE USED TO EXCLUDE SUCH WARRANTIES. IT IS YOUR RESPONSIBILITY TO FAMILIARIZE YOURSELF WITH AND ADHERE TO THE RELEVANT LAWS IN YOUR JURISDICTION.

13.2 SERVICE VARIABILITY:

• WEBMARGIN AGENCY DOES NOT WARRANT THAT THE WEBSITE DESIGN, DEVELOPMENT, AND SEO SERVICES WILL LEAD TO SPECIFIC RANKINGS, TRAFFIC, OR BUSINESS OUTCOMES. THE RESULTS OF SEO EFFORTS MAY BE INFLUENCED BY VARIOUS EXTERNAL FACTORS BEYOND OUR CONTROL.

13.3 LIMITATION OF LIABILITY:

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, WEBMARGIN AGENCY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE USE OF OUR WEBSITE DESIGN, DEVELOPMENT, AND SEO SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, REVENUE, PROFITS, OR BUSINESS OPPORTUNITIES.
• WEBMARGIN AGENCY’S LIABILITY FOR ANY CLAIM RELATED TO OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE USER FOR THE SPECIFIC SERVICE IN QUESTION.

13.4 INDEMNIFICATION:

• USERS AGREE TO INDEMNIFY AND HOLD WEBMARGIN AGENCY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES ARISING FROM THEIR USE OF OUR WEBSITE DESIGN, DEVELOPMENT, AND SEO SERVICES OR VIOLATION OF THESE TERMS.

13.5 THIRD-PARTY CONTENT AND SERVICES:

• THE PLATFORM MAY INCLUDE LINKS TO THIRD-PARTY WEBSITES, APPLICATIONS, OR SERVICES. WEBMARGIN AGENCY IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, OR AVAILABILITY OF THIRD-PARTY RESOURCES AND DOES NOT ENDORSE OR WARRANT ANY THIRD-PARTY PRODUCTS OR SERVICES.
  

13.6 FORCE MAJEURE:

• WEBMARGIN AGENCY SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF NATURE, WAR, TERRORISM, LABOR DISPUTES, AND TECHNICAL FAILURES.

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14. Dispute Resolution and Governing Law

This section outlines the dispute resolution process, including arbitration or mediation if applicable, as well as the specification of the governing law and jurisdiction for resolving disputes related to the website design, development, and SEO services provided by WebMargin Agency.

14.1 Dispute Resolution Process:

• In the event of a dispute arising from or relating to the website design, development, and SEO services, WebMargin Agency encourages users to first attempt to resolve the matter through direct communication with our support team.
• If a dispute cannot be resolved through direct communication, both parties agree to participate in good faith in a mediation or arbitration process as outlined below.

14.2 Mediation:

• If the parties agree, any dispute shall be submitted to non-binding mediation facilitated by a neutral third party. Mediation aims to assist the parties in reaching a mutually acceptable resolution.

14.3 Governing Law and Jurisdiction:

• These dispute resolution terms are governed by the laws of New South Wales, Australia. Any disputes arising from or related to the website design, development, and SEO services shall be subject to the exclusive jurisdiction of the courts in New South Wales, Australia.

14.5 Waiver of Class Actions:

• Users and WebMargin Agency agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class or representative action.

14.6 Injunctive Relief:

• Notwithstanding the dispute resolution process, either party may seek injunctive relief or other equitable remedies from a court of competent jurisdiction to prevent or stop unauthorized use, infringement, or violation of intellectual property rights.

14.7 Legal Fees:

• In the event of any dispute, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs, and expenses incurred in connection with the dispute.

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15. Changes to Terms

This section outlines how and when the terms may be updated, as well as the user's obligation to periodically review and accept any changes to the terms related to the website design, development, and SEO services provided by WebMargin Agency.

15.1 Notification of Changes:

• WebMargin Agency reserves the right to modify, amend, or update these terms at any time. Changes will be communicated through prominent notices on the platform, by email, or other means of notification deemed appropriate.
• The date of the most recent update will be indicated at the beginning of these terms for reference.

15.2 User's Obligation to Review:

• Users have an ongoing obligation to periodically review the terms to stay informed about any updates or modifications. Continued use of the platform's services after changes have been made constitutes acceptance of the updated terms.

15.3 Acceptance of Changes:

• If you do not agree with the updated terms, you have the option to discontinue using the platform's services. Your continued use of the services after changes have been made indicates your acceptance of the updated terms.

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16. Contact Information

16.1 General Inquiries: For general inquiries, questions, or feedback regarding our services, you can reach our customer support team at:

• Email: support@webmarginagency.com
• Phone: +61 1300 995 012

16.2 Legal Matters: For legal inquiries or matters related to these terms of service, privacy, or other legal concerns, please contact our legal team at:

• Email: support@webmarginagency.com
• Phone: +61 1300 995 012

16.3 Mailing Address: You can also contact us via mail at the following address: WebMargin Agency, 457 Elizabeth Street, Surry Hills, Sydney, NSW, Australia

16.4 Working Hours: Our support and legal teams are available during regular business hours of 9am-5pm AEST.