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.
Payment Terms:
Payment for the first month upon signing of the Contract. This includes both the upfront investment and the monthly fee. Payments are due immediately with a Credit Card payment. Payments for the first period will be pro-rated based on the timing during the month when a contract is signed.
Payment for subsequent months will be due on the 1st of each month by Credit Card.
Reputation Management Services may be both monthly fees and, potentially, success fees. Monthly maintenance/consulting fees are paid for on the 1st of the month. Success Fees are paid immediately from the moment the event is successful with a form of payment on file.
Disclaimer & As-Is Provisions
- XSI is not guaranteeing any results from strategic partners or vendors that are supplied to purchasers through XSI’s Sales or Promotion. These Services and/or Products are sold as-is.
- When XSI is engaged for training and/or managing, the XSI will collaborate with the purchaser of these services and strive to reach goals set by the purchaser. XSI does not and will not guarantee results.
- If payments are not made by the purchaser, XSI is going to cut off Products and/or Services at the earliest time. XSI is, in no way, fronting money for Purchasers. Any non-payment by purchasers will be sought by XSI through legal actions and will be subject to 15% interest per month. Legal fees incurred by XSI will be paid for by the purchaser in default.
- Reputation Management Success is not guaranteed in any form through this Agreement. The Company has had previous success and while this is a statistical probability of future success, each customer is unique and, therefore, no guarantee can be provided for these services and XSI is also not responsible, in any way, for any digital footprint negative changes or problems.
- XSI is not guaranteeing any results from various Digital Marketing Services. Much of the results depend on many variables including the customers participation. Clearly the objectives is to drive results. Guarantees cannot be made, however.
- Cancellations through Credit Card Companies to stop Recurring Charges are not valid forms of cancellation through this Agreement.
- IF a customer does not pay their invoices, then any data or property from that customer will not be returned until the invoices are paid in full.
- Any and ALL cancellations need to be done in writing (email is fine) from the signer of the agreement/license holder with administrative authority. XSI cannot accept written instructions for cancellation of services from anyone but the signer of our agreements/license holders (administration level).