Agreement & Engagement
By digitally accepting a quote or estimate or by paying an invoice for services performed, you ("Client") are engaging Sequoia Digital Marketing ("Company") to provide Services and enter into an Agreement with Sequoia Digital Marketing to accept the terms and conditions listed on this page.
Services and Products
The Services are provided on an “As Is, As Available” basis. The Company gives no warranty, expressed or implied, for the Services including, without limitation, warranty of merchantability or fitness for a particular purpose. Provider expressly disclaims any liability for claims, losses, expenses or any reimbursement for losses of income due to disruption of the Services by Company or its third party providers.
Company does not warrant that the functions contained in these web pages or the Internet website will meet the client's requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will Company be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Company has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Search Engine Optimization (SEO)
Search Engine Optimization is a long term strategy with a snow ball effect. Results are typically continual small growth gains over an extended period of time. Crawling, indexing, ranking, and search result positions are entirely controlled by search engines (i.e. Google, Bing, Yahoo, etc.). Therefore, we cannot force or guarantee any specific results. It can take search engines weeks or months to incorporate changes made to your site into their results and we have no control over this. The number one goal of search engines is to provide their users with the best experience and most relevant results. Our commitment is to use the guidelines and best practices outlined by major search engines to provide the best possible experience for your users and to optimize your content to be relevant to your users. Using tricks or deceitful practices to try to force specific search results is known as 'black hat' SEO and violates the terms and conditions of all major search engines. Sequoia Digital Marketing only promotes 'white hat' SEO based on providing quality content and experience and will refuse to market your services for keywords, terms, or situations it is not suited for.
Search engines such as Google have over 100 factors they consider in their ranking algorithms and they make constant changes to these algorithms as they continue to improve their services for their customers. Algorithm changes can make large impacts on website traffic positively or negatively. These changes are out of the control of Sequoia Digital Marketing. Google's advice for minimizing negative impacts of algorithm changes is to focus on user experience, which is why we promote this practice. However, neither this nor any other practice can completely impact-proof your website to algorithm changes. If you are negatively impacted by an algorithm change, we will do our best to investigate the nature of the algorithm change to determine if there is anything specific that can be addressed to change the outcome. Even so, it is not always possible to recover traffic lost this way as search engines do not typically disclose many details about their changes and ultimately they decide which sites are most relevant to their users.
Trademarks and Copyrights
Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork or intellectual property of the Client provided to the Company in connection with Company’s design of, promotion of, referencing of, cataloging of, maintenance of, or indexing of Client’s web site design, electronic commerce, search engine submission, social media accounts and/or any other platform which Service is provided on are owned by Client, or that Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Company and its subcontractors from any liability or suit arising from the use of such elements.
Client hereby indemnifies and holds Company harmless from and against any and all claims by any third party (including reasonable attorneys’ fees) that the use by Company of any of Client’s intellectual property infringes on the intellectual property of such third party.
Limited Liability
Nothing in these Service Terms & Conditions shall operate to exclude or limit either party’s liability for any liability which cannot be excluded or limited under applicable law.
Sequoia Digital Marketing shall not be liable under or in connection with these Service Terms & Conditions or any collateral contract for any: (a) loss of revenue; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of business; (e) loss of opportunity; (f) loss of goodwill or reputation; (g) loss of, damage to or corruption of data; (h) any indirect or consequential loss; (i) loss or damage caused by any inaccuracy, omission, delay or error, whether as a result of negligence or other cause in the production or maintenance of the website or other digital property; or (j) loss or damage to the Client’s artwork/photos supplied for services, whether as a result of negligence or otherwise.
The entire liability of Sequoia Digital Marketing to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
Company and Client mutually hereby agree that any material submitted for publication or use of any type developed in connection with the Services will not contain anything leading to an abusive or unethical use of any hosting environment or platforms on which the material is published. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, sending of unsolicited e-mail (spam), any harassing and harmful material or uses, any illegal activity or material advocating illegal activity, and any infringement of privacy and materials which may be libelous or slanderous. Client hereby agrees to indemnify and hold harmless the Company from any claim, loss or liability resulting from Client’s publication of material or use of those materials. Company may or may not give notice before deactivating the use of an account(s) which the Company decides is an abusive or unethical use of or a potentially illegal use of, the web site, server, host or platform. Client hereby agrees to indemnify and hold harmless the Company for any claim resulting from the submission of materials which violate these provisions.