Terms and Conditions

This agreement takes effect the moment first payment is made by purchaser (“Client”) to Relevant LKD MARKETING (SADC ADS) (“LKD MARKETING “)

Recitals

LKD MARKETING has experience and expertise in the development of Local Search Engine Optimization (“SEO”) Strategies for local businesses, web pages, and websites.

Client desires to have LKD MARKETING and deploy local SEO strategy and online marketing services.

LKD MARKETING desires to develop Client’s local SEO strategy and online marketing services.

Agreements

In consideration of the mutual covenants set forth in this agreement, Client and LKD MARKETING hereby agree as follows:

Length of Agreement and Renewals

The length of the Initial Term of the Agreement will be agreed upon at point of sale.

The Initial Term begins once the Client has fully paid for the Initial Term of service and any applicable setup costs.

Once the Initial Term is complete, a new Monthly Term will automatically begin.

The new Monthly Term ends on the same day that it started in following month.

Once a Monthly Term is complete, a new Monthly Term will automatically begin.

The price for the Monthly Terms will be stated at point of sale.

All Terms are paid at the beginning of the Term.

1. Development of Strategy and Optimization Services

LKD MARKETING agrees to create, manage, and employ the following online marketing products and services:

1.1 Local SEO Services

1.1.1 Google Listing (Google Places or Google+ Local or Google My Business)

If a Google Listing already exists LKD MARKETING will claim and provide instruction to the Client on how to verify the listing via phone, mail, or other means.

Once the Google Listing is created OR claimed and verified, LKD MARKETING will optimize Client’s Google Listing.

The Company will provide necessary updates to the Client’s Google Listing upon request from Client or as The Company sees fit.

The Client’s Google Listing will be claimed under a Google account that is owned by LKD MARKETING. The Client will be provided ownership of the Google Listing only if:

Google allows ownership rights to be transferred to the Client’s own Google account

The Client requests ownership via phone.

Client will not be given access to the Google accounts that LKD MARKETING owns.

1.1.2 Other Online Directory Listings

The LKD MARKETING will work to provide the Client with a variety of online directory listings.

Due to the ever-changing value of online directories, there is not a permanent list of directories to which Clients are submitted.

Some online directories allow for submission only. LKD MARKETING is unable to edit the information on these directories after publication.

As the business owner, the Client has ownership rights to their directory listings through the directory website only.

1.1.3 Geo-Targeted Landing Page 

LKD MARKETING will create and publish four page (Geo-Targeted Landing Page) landing-page for the Client’s business.

The Landing Page will be search engine optimized in an effort to benefit the Client and as The Company sees fit.

The Company will be responsible for hosting the Landing Page.

The Geo-Targeted Landing Page will use a URL owned by LKD MARKETING.

The Client may purchase the URL to the Geo-Targeted Landing Page for a fee of R1750.00.

The Client may opt-out of the Geo-Targeted Landing Page altogether and LKD MARKETING will not create one for the Client.

1.2 Reputation Monitoring

LKD MARKETING offers a free reputation monitoring service.

LKD MARKETING is not responsible for any content delivered by this service.

The service is available to the Client by request or as LKD MARKETING sees fit.

1.3 Google Ads

LKD MARKETING offers Google Ads for an additional charge.

LKD MARKETING will optimize the Client’s Google Ads campaign in a manner that LKD MARKETING believes will benefit the Client’s business.

LKD MARKETING collects 25% of the total budget The Client (the industry average is 35%) spends on their Ads campaign as a management fee. (If The Client pays R1000 for their Ads campaign, The Company will collect R250 from the R1000 spent. The remaining R750 will go directly to Google.)

The cost of the Client’s Google Ads campaign may be adjusted by the client on a month to month basis by contacting Client Support.

2. Delivery Dates

LKD MARKETING will use reasonable diligence in the development of the SEO services and endeavour to deliver all services within a maximum of 30 days from the account start date. Client acknowledges, however, that there is not a delivery deadline if Client fails to resolve any SEO queries on time or delay in providing required access, documents, permissions, or any support for SEO purposes. Client shall retain all of its intellectual property rights in any text, images or other components it owns and delivers to LKD MARKETING for use in the SEO services rendered under this agreement.

3. Compensation

For all of LKD MARKETING’s services under this agreement, Client shall compensate LKD MARKETING as agreed at the time of sale. In the event Client fails to make any of the payments agreed to on time, LKD MARKETING has the right, but is not obligated, to pursue any or all of the following remedies: (1) terminate the agreement, (2) remove services or resources owned by LKD MARKETING, and/or (3) bring legal action. If two months pass without payment the Client will need to pay 10% Interest on top of monthly payment for every month the monthly fee is outstanding non-negotiable. 

4. Referral program

Refer a business to LKD MARKETING and get up to R150 in service credit.

Refer a colleague, friend, or anyone else in your network to LKD MARKETING.

Once your referral signs up as a customer you’ll receive up to *R150* in statement credit.

Plus, there’s no limit to the amount of statement credit you can earn, so keep the referrals coming.

Referrals must have made 2nd payment in order for the referred to get service credit.

Service credit is only applied to Local SEO and not towards any other product or services.

5. Confidentiality

Client and LKD MARKETING acknowledge and agree that the specifications and all other documents and information related to the development of local SEO services and or website management (the “Confidential Information”) constitutes valuable trade secrets of LKD MARKETING. Client shall keep the Confidential Information in confidence and shall not, at any time during or after the term of this agreement, without LKD MARKETING prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information.

6. Limited Warranty and Limitation on Damages

Client waives any claim for damages, direct or indirect, and agrees that its sole and exclusive remedy for damages (either in contract or tort) is the return of the amount paid to LKD MARKETING.

Exclusivity

LKD MARKETING strives to work for only one (1) business within a specific category within any given ZIP code.

LKD MARKETING defines “specific category” as the primary category used in The Client’s Google listing.

LKD MARKETING performs a monthly check of its database to identify all cases where it may be working for more than one (1) business within a specific category within any given ZIP code.

When LKD MARKETING identifies instances where work is done for more than one (1) business within a specific category within any given ZIP code, LKD MARKETING will offer the competing clients a reduced rate.

7. Cancellation Policy

The Client may cancel services at any time by contacting Client Support at 0311008007.Certain fees may apply. Cancellation will be processed upon authorized user verification.

Monthly services (Local SEO, Ads) cancelled three (3) days before the next Monthly Term will be cancelled at 35% of the remaining amount of the full term contract. Any Amount already paid will be included as payment made towards full term agreement. This applies to all services including website management fee.

8. Entire Agreement

This agreement contains the entire agreement between the parties relating to the subject matter herein and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter herein. No modification of this agreement is valid unless made in writing and signed by both parties hereto.

9. Governing Law

This agreement shall be governed by and construed in accordance with the laws of the Province of KZN. Exclusive jurisdiction and venue shall be in Durban, Durban High Court.

10. Waiver

The waiver by either party of any breach or failure to enforce any of the terms and conditions of this agreement at any time shall not in any way affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term and condition of this agreement.

11. Good Faith

Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this agreement.

12. No Right to Assign

Client has no right to assign, sell, modify or otherwise alter this agreement, except upon the express written advance approval of LKD MARKETING, which consent may be withheld for any reason.

13. Indemnification

Client warrants that everything it provides LKD MARKETING to employ in SEO is legally owned or licensed to Client. Client agrees to indemnify and hold LKD MARKETING harmless from any and all claims brought by any third-party relating to any aspect of SEO, including, but without limitation, any and all demands, liabilities, losses, costs, and claims including attorney’s fees arising out of injury caused by Client’s products/services, material supplied by Client, copyright infringement, and defective products sold via SEO. Client agrees to indemnify LKD MARKTETING from responsibility for problems/disruptions caused by third-party services that Client may use such as merchant accounts, shopping carts, shipping, hosting services, real time credit card processing and other services that relate to the ownership and operation of SEO or multimedia project.

14. Use of Material for Promotional Purposes

Client grants LKD MARKETING the right to use its work in producing SEO for promotional purposes and/or to cross-link it with other advertising developed by LKD MARKETING. Client grants LKD MARKETING the right to list, reference or otherwise identify Client as a client of LKD MARKETING in LKD MARKETING advertising and marketing.

15. No Responsibility for Loss

LKD MARKETING will have no responsibility for any third-party disrupting, intruding or otherwise copying files in part or in whole on all or any part of the work performed for SEO. LKD MARKETING is not responsible for any down time, lost files, improper links or any other loss that may occur in the operation of SEO under this Agreement.

16. Right to Make Derivative Works

LKD MARKETING will have the exclusive rights in making any derivative works from any of its work, practices, coding, programming or other work in regards to SEO.

17. Attorney’s Fees

In the event any party to this agreement employs an attorney to enforce any of the terms of the agreement, the prevailing party shall be entitled to recover its actual attorney’s fees and costs, including expert witness fees.

18. Identification of LKD MARKETING

Client agrees that LKD MARKETING identification may be annotated, and remain, within the code or on the website as the authors. Client also agrees to put LKD MARKETING copyright notices on SEO and the relevant content therein. LKD MARKETING falls under IZWELETHU NETWORKS Trading as SADC.

19. Agency of Record (AOR) Agreement

Client hereby appoints The Company as its agency to provide, and LKD MARKETING agrees to provide services related to Client’s local online advertising and search engine optimization. Client authorizes LKD MARKETING to take, on Client’s behalf, all actions deemed advisable by The Company to perform these services.