Through Services (“Services”), ConstantClick.com LLC (“ConstantClick.com LLC”) provides companies and individuals a variety of tools and resources, namely the ConstantClick.com LLC SEO Services and Web Development. You represent, covenant, and warrant that you and on behalf your end-users, you will use the Services or Software only in compliance with the Agreement and all applicable laws.
Services and Support :
The Services are provided subject to this Agreement, as it may be amended by ConstantClick.com LLC, and any guidelines, rules or operating policies that ConstantClick.com LLC may establish and post from time to time (the “Agreement”). By posting updated versions of the Agreement at the ConstantClick.com LLC web site, or otherwise providing notice to you, ConstantClick.com LLC may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services or Software at its sole discretion.
The Service is available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
The Services focus on optimizing websites to increase their chances of ranking higher in the search engines. There are no guarantees as to where you will rank and no guarantees that your site will move up.
All services are subject to change at any time. All fees paid to ConstantClick.com LLC for Services are non-refundable. Payment for Services will be made by a valid credit card accepted by ConstantClick.com LLC, unless other payment arrangements have been made between you and an authorized ConstantClick.com LLC representative. You hereby authorize ConstantClick.com LLC to charge your credit card for such amounts according to your service usage. Fees are payable in US dollars or Canadian dollars. If ConstantClick.com LLC is for any reason unable to effect automatic payment via your credit card, you will be notified via e-mail.
For all accounts, ConstantClick.com LLC reserves the right to delete all reporting logs older than 90 days (archived or not), after which only summarized data will be available to the user. After an account has become de-activated due to non-payment or an untimely authorization for payment, ConstantClick.com LLC reserves the right to charge an account re-activation fee.
You will provide true, accurate, current, and complete information about yourself as requested in the ConstantClick.com LLC Credit Card Authorization Form. As part of the registration process, you may be required to use an e-mail address and password for your ConstantClick.com LLC account(s). You are responsible for maintaining the security of your account(s), passwords, and files, and for all uses of your account(s) and sub-accounts. ConstantClick.com LLC reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
It is understood that ConstantClick.com LLC makes no guarantee that your rankings will move up or down, due to the search engines algorithms proprietary ranking models. ConstantClick.com LLC makes every attempt to make sure that all optimization services follow search engine guide lines standards, but we cannot guarantee that rankings will move up or down across all search engines. For example, if you move up or down in Google you may experience different results in Yahoo or Bing. Payment is due regardless of your sites rankings.
Restrictions and Responsibilities :
This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Software. The Services shall be used for your business purposes. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, or disassembling the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
You acknowledge and agree that the Services, Software and the ConstantClick.com LLC company names and logos and all related product and service names, design marks and slogans, are the property of ConstantClick.com LLC or its affiliates or suppliers (collectively, the “Marks”). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of ConstantClick.com LLC. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in ConstantClick.com LLC or its third party suppliers, as the case may be.
You represent, covenant, and warrant that you and your end-users will use the Services and Software only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You and your end-users hereby agree to indemnify and hold harmless ConstantClick.com LLC against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services or Software. Although ConstantClick.com LLC has no obligation to monitor the content provided by you or your use of the Services, ConstantClick.com LLC may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
You or your end-users may only use ConstantClick.com LLC for lawful purposes. Transmission or solicitation of any material that violates US ederal law, state or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party’s intellectual property rights.
In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to ConstantClick.com LLC. ConstantClick.com LLC may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you.
ConstantClick.com LLC will not use any of your subscriber lists or any other end-user or customer information for any other purposes than those intended with the Service. Your customer information will not be shared with any other parties. In addition, ConstantClick.com LLC will not use your customer information for the purpose of sending unsolicited commercial e-mail.
You or your end-users may not use ConstantClick.com LLC to distribute illegal contests, pyramid schemes, chain letters, or multi-level marketing campaigns.
You may terminate this Agreement following the Initial Term by sending an e-mail message to jp@constantclick or by sending written notice to:ConstantClick.com LLC, 1800 SW 1st Ave Suite 205 Miami, Fl 33129
Any monies paid to date will be non-refundable. No chargebacks allowed under any circumstances.
If you are receiving reputation management or web development services Constant Click reserves the right to charge 24 months (for reputation management) and the full money owed (for web development) in services up front upon cancellation as the services rendered for this require a great investment of time and money on our part upfront and if cancelled we still require 2 years of payment regardless of whether you want your sites live or not upon cancellation.
Correspondence must include your first name, last name, and ConstantClick.com LLC username. No refunds will be issued if you terminate this agreement.
ConstantClick.com LLC may terminate this Agreement or the Services at any time with or without cause, and with or without notice.
ConstantClick.com LLC shall have no liability to you or any third party because of such termination.
ConstantClick.com LLC may delete any of your or your end-users archived data within 30 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
If you do not log into your account for more than 120 days, ConstantClick.com LLC (at its sole discretion) reserves the right to classify the account as inactive. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER SIGNUPS, MAY BE PERMANENTLY REMOVED FROM THE ConstantClick.com LLC DATABASE.
Warranty Disclaimer; Remedies :
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. ConstantClick.com LLC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND ConstantClick.com LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for ConstantClick.com LLC to use commercially reasonable efforts to adjust or repair the Services or Software.
Limitation of Liability :
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ConstantClick.com LLC OR ANY OF ITS SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “ConstantClick.com LLC “) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF ConstantClick.com LLC SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, ConstantClick.com LLC IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF ConstantClick.com LLC TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE.
If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
ConstantClick.com LLC and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind ConstantClick.com LLC in any respect whatsoever.
In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.
The Agreement shall be governed by the laws of Florida without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Miami, Florida, USA.
TERMS & CONDITIONS OF Constant Click
Cancellation Policy :
Project Abandonment: After project starts if client does not provide to Constant Click any requested data, configuration variables, setup, feedback, or approval for any contracted item for duration of 6 calendar months from the initial request the project status will be determined as abandoned by client. Client will be required to pay all remaining monies for the total sum of the contract and Constant Click will not be obligated to provide any further work, development, consulting, code, or deliverables.
SEO, Web Development and Marketing Services :
No Contracts required unless you want one. All previous payments are non-refundable. If you are billed on the 6th of every month and you ask to cancel after the 6th, you will be billed one final time after which you won’t be billed again. If Web Development work has begun, the entire funds owed are due as to the pre arranged payment schedule. No chargebacks allowed under any circumstances.
Billing Practices :
Most of our billing is recurring billing unless otherwise stated.
We are not liable in any way if your site is black listed.
We are not liable in case of content or image infringement.
Refund Policy: No chargebacks allowed under any circumstances.
Based on the nature of the work, a refund would not be feasible for the work already completed, however, in the occasion that the project is terminated ahead of time on a mutual basis, Constant Click will grant the client full control over the work performed up to that date and if any payment remain they will be due immediately even if there is work that is still due. The work will be delivered upon final payment and No chargebacks are allowed under any circumstances.
Traditionally Constant Click works on projects for an hourly rate of $95 per hour. Depending on the specific nature of a specific project, modifications to this rate may be considered.
Our dedication to Privacy
What information does Constant Click collect?
We collect the name, domain, email addresses and phone numbers (as provided) of those who correspond with us via telephone or email. We also collect aggregate data on what pages are visited on our site and specific data on what pages visitors access.
Constant Click’s Use of Information
We use the data we collect to improve the quality of our site and we store personal information to potentially contact consumers for marketing related purposes. If a consumer wishes to access their personal information stored by us to update it or because they no longer desire our services, they can request this by phone or email.
Constant Clicks’s Dedication to Data Security
To protect clients against unauthorized access, to uphold the accurateness of information and to ensure the proper use of data, we have established suitable procedures, both physical and electronic; to prevent unlawful use of the data we collect through our site.
Your payment and personal information are always safe with us. Our SSL software and secure web pages are some of the best tools obtainable nowadays for safe business transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the Internet.
How to Reach Constant Click