Terms and Conditions

This Terms of Service Agreement sets out the terms and conditions on which you (the Client) have engaged SAFARI DIGITAL LIMITED to perform certain services as outlined below. This is a legally binding agreement between you and SAFARI DIGITAL LIMITED.

1. Services

1.1 Safari Digital offers internet marketing services that include but are not limited to: Search Engine Optimisation (hereinafter known as “SEO”).

1.2 SEO Services

Safari Digital provides SEO services to the Client for mutually agreed keywords, pages, and prices as agreed between the parties before the commencement of this Agreement.

1.3 The Client authorises Safari Digital to appoint agents and/or contractors from time to time to assist in the provision of the Services under this Agreement.

2. Safari Digital’s Obligations

2.1 Safari Digital will provide Services to the Client in accordance with Safari Digital’s standard policies and procedures. Safari Digital reserves the right to reject Clients for any other reason, at Safari Digital’s sole discretion. Safari Digital will be responsible for all aspects of providing the Services.

2.2 All Safari Digital rules, policies, and operating procedures concerning privacy, pricing, customer service, and all other aspects of the Services will apply, and Safari Digital may change its rules, policies, and operating procedures from time to time in its sole discretion.

3. SEO Reports and Activities

3.1 Safari Digital will provide comprehensive and transparent SEO reporting. Safari Digital’s link building activities (“off-page optimisation”) are confidential, and Safari Digital does not disclose these activities. However, Safari Digital will provide the Client with feedback on how their domain is progressing with SEO services.

4. Fees & Payment

4.1 All fees for Services provided to the Client are due and payable in full, in advance of the provision of Services.

4.2 A Client can make payments to Safari Digital by credit card or bank transfer.

4.3 If the Client provides Safari Digital with their credit card information, the Client authorises Safari Digital to automatically charge their credit or debit card for charges that apply to the Client’s account. Recurring charges will be posted to the Client’s credit card until such time that the Client cancels Safari Digital’s service.

4.4 If the payment method is a credit card, Safari Digital will attempt to charge the Client’s credit card on the monthly anniversary date of the Client first ordering services.

4.5 All invoiced fees must be received by 5 pm on the stipulated due date on the invoice.

4.6 Charges not paid by the due date for any reason might result in a suspension of Services until full payment is received.

4.7 The Client acknowledges that any unpaid invoices will be sent to a collection agency after 2 months.

4.8 Except in the case of a material breach of this agreement by Safari Digital, Safari Digital does not issue refunds of any fees for any reason.

5. Cancellation of Services

5.1 This Agreement shall renew at the end of each 30-day period for a successive 30-day term unless either party provides a minimum of 30-days written notice of its intention not to renew or if both parties agree to enter a new contract term for a determined time period.

5.2 Cancellations become effective on the day they are processed by Safari Digital. The Client will be notified of the cancellation via email.

6. Warranty

6.1 Safari Digital expressly disclaims any and all warranties regarding or related to this agreement other than those imposed by statute under the laws of New Zealand.

6.2 Safari Digital makes no warranty or representation:

6.2.1 as to the position your advertisement is placed on a search result page, or the frequency and time of day that your advertisement is displayed;

6.2.2 for any specific result on any search engine;

6.2.3 as to the quantity or quality of increased traffic or sales to the Client’s Website; or

6.2.4 as to the Client Website’s ranking. In particular, the Client acknowledges that search engines change their ranking algorithms on a regular basis, and new sites and competitor sites may be optimised and submitted continually.

6.3 While Google’s results are displayed on other search engines, Safari Digital’s Services are aimed at increasing visibility and boosting traffic from Google. Google does change its algorithm and Safari Digital is not responsible for the Client’s rankings due to this algorithm change. Safari Digital will endeavour to maintain the Client’s Google rankings, but the Client acknowledges that Safari Digital is not liable for any loss of business due to ranking fluctuations caused by Google algorithm changes. Safari Digital is not responsible for the Client’s ranking fluctuations that may have been caused by previous SEO work.

6.4 The Client acknowledges and agrees that:

6.4.1 the information available on or through the Client’s Website following the application of the Services is not reviewed, controlled, or examined by Safari Digital in any way before it appears on the Client’s Website;

6.4.2 Safari Digital does not endorse, verify, or otherwise certify the contents of any such information; and

6.4.3 The Client remains at all times legally responsible for the content of the Client’s Websites (including in connection with the infringement of intellectual property rights of any other party).

6.5 Safari Digital does not warrant or guarantee that:

6.5.1 any information available on or through Safari Digital will be free of infection by viruses;

6.5.2 the functions or services performed by Safari Digital or a Supplier will be uninterrupted or error-free, or that defects in Services will be corrected.

6.6 The Client remains responsible for the ongoing security and integrity of their own software, website, networks, and systems.

6.8 The Client agrees to share the Client’s website URL, keywords used for SEO purposes, website design, and/or social media profile URLs created or managed by Safari Digital on Safari Digital marketing materials (such as websites, proposals, and portfolio examples), unless the Client instructs otherwise.

7. Indemnity

The Client will indemnify Safari Digital and its customers, suppliers, directors, officers, agents, and employees from and against any and all losses, costs, damages, liabilities, and expenses (including, without limitation, reasonable legal fees) arising out of or relating to any breach by the Client of any of the terms of this Agreement.

8. Limitation of Liability

Safari Digital shall not be liable to the Client or any entity or person claiming through or under the Client for any loss of profit or income or other indirect, consequential, incidental, or special damages, whether in an action for contract or tort, in connection with this Agreement, even if Safari Digital has been advised of the possibility of such damages. In no event shall Safari Digital’s liability to the Client hereunder exceed the amount paid to Safari Digital by the Client for the previous one (1) month of services. This limit is cumulative, and the existence of more than one claim will not enlarge the limit. The Client acknowledges that these limitations of liability are an essential element of the bargain between the parties, and in their absence, the terms and conditions of this agreement would be substantially different.

9. Agreement

This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof. This Agreement may be amended from time to time at Safari Digital’s sole discretion.

An email communication sent to the Client’s last known email address will be deemed sufficient notice of any such changes in this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties’ successors and permitted assigns; provided, however, that the Client may not assign this Agreement, in whole or in part, without Safari Digital’s prior written consent, and any assignment by the Client without such consent shall be null and void.

This Agreement shall be governed by and interpreted in accordance with the laws of New Zealand without regard to its rules pertaining to conflict of laws. Any litigation or dispute resolution related to this Agreement shall take place in New Zealand, and the parties hereby consent to the jurisdiction of the courts located therein. Except as otherwise expressly set forth herein, any notice required or permitted to be given under this Agreement shall be sufficient if in writing, in the English language, and sent via New Zealand Post Certified Mail, return receipt requested.

If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, that provision will be severed only to the extent minimally necessary, and the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default and will not act to amend or negate the rights of the waiving party.