Terms of Service
Provision of Services
1. The Company agrees to provide The Services to The Client as outlined in The Proposal, in accordance with the terms and conditions of this agreement.
2. Unless otherwise outlined in the proposal, as per the Company’s Pay Per Removal Guarantee, for all Content Removal Services outlined in the Services of the Proposal, the Client agrees that the Content Removal services provided by the Company only include the attempted removal of the Content of Concern from the Nominated Publisher(s).
3. The client agrees to be charged for the successful completion, removal or deletion of the Content of Concern from the Nominated Publishers.
4. The Client acknowledges that the Company makes no guarantees that the Content of Concern will be removed, either partially or in full. The Company will only charge the balance of the quoted price for successfully removed Content.
a) If within 30 days the same reviewer reposts the same review from the same IP address as the original post that the Company had deleted or removed, the Company will use best efforts to have the review removed again for no additional fees to Client. Although success is likely, there are no guarantees of success for the subsequent removal.
5. The Company will not directly contact the author(s) of Content of Concern. The Company warrants that the Content Removal services are focused on communicating with the Nominated Publisher(s) regarding the removal of the content. However, the Client understands that from time to time the Nominated Publisher may notify the original author of the content as a result of the Content Removal, and the Company has no control over this.
6. The Client agrees that the Company is not responsible if the Content of Concern is edited by the author or publisher and re-posted as a new instance after it was successfully removed in its original form.
7. The Client agrees that if the Content of Concern is removed within the agreed upon term, it will be agreed that the Company was solely responsible for its removal and the balance of fees for the removal of that content will be due.
Limitation of Liability
To the extent permissible by law, the Company is not liable for:
1. faults or defects in any services provided by third parties in connection with this Agreement;
2. any indirect, special or consequential loss, loss of profits, data loss or corruption, loss of revenue, loss of goodwill, loss of anticipated savings or business interruption, however arising, whether or not the Company knew of the possibility of such loss and whether or not such loss was foreseeable.
3. To the extent permissible by law, the Company’s total aggregate liability for any and all claims relating to this Agreement (in contract, tort or otherwise) will be limited to and not exceed the amounts actually paid by the Client for the Services.
4. The Company makes no warranties regarding the likelihood of success of its Content Removal services.
5. To the fullest extent permitted by law, the liability of the Company for breach of a non-excludable condition is limited to:
a) supplying the Services again;
b) or payment of the cost of having the Services supplied again.
5. The Client agrees to indemnify, defend and hold the Company harmless in respect of all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal fees on a full indemnity basis), in connection with any of the following:
a) the Client’s breach of this agreement;
b) the Client’s negligent actions or omissions;
c) the Client’s use of the Services, including any third party claims made in connection with or arising out of the Client’s use of the Services;
d) breach of third party intellectual property, privacy, confidentiality, or moral rights.
6. To the extent permissible by law, the Client agrees to indemnify and keep the Company, its directors, officers and employees, indemnified against all loss arising from actions taken performing the Services.