The client acknowledges and agrees to the following:
- Company is an independently established business and will be an independent contractor, and not an employee, of the Client. As such, the Company will be free from direction and control over the means and manner of providing its services to the Client, subject only to the right of the Client to specify the desired results. The Client will not withhold any taxes from any payments made to the Company.
- Due to competition, ongoing changes in businesses’ policies and algorithms, and other factors, companies cannot guarantee specific keyword rankings, a specific level of revenue, traffic, or other results to arise from these marketing services or the time frame in which the results should be expected.
- Sensitive Client information provided to or collected by Company is confidential, including traffic and subscriber numbers, revenue, target keywords, and strategic initiatives, unless otherwise agreed. Information in the form of “case studies” can be shared only if such information is made anonymous unless the Client agrees otherwise in advance.
- Company is not responsible for changes made to the Client’s website by other parties that adversely affect the search engine rankings, traffic, revenue, or other performance of the Client’s website.
- LIMITATION OF LIABILITY. Notwithstanding any provision to the contrary, the total liability of Company, and its owners, employees, and contractors, for all losses, damages, costs, and expenses, including attorneys’ fees, shall not exceed the aggregate amount paid to Company under this Agreement, regardless of the legal theory under which such liability is imposed.
- If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement.
- This Agreement shall be governed by and construed in accordance with the laws of the State of Pakistan, without giving effect to any conflict-of-law principle that would result in the laws of any other jurisdiction governing this Agreement. Any dispute, controversy, or claim arising out of the subject matter of this Agreement will be settled by arbitration before a single arbitrator in Pakistan. If the parties agree on an arbitrator, the arbitration will be held before the arbitrator selected by the parties. If the parties do not agree on an arbitrator, each party will designate an arbitrator and the arbitration will be held before a third arbitrator selected by the designated arbitrators.
- If any arbitration, action, suit, or proceeding is instituted to interpret, enforce, or rescind this Agreement, or otherwise in connection with the subject matter of this Agreement, the prevailing party on a claim will be entitled to recover with respect to the claim, in addition to any other relief awarded, the prevailing party’s reasonable attorney’s fees and other fees, costs, and expenses incurred in connection with the arbitration, action, suit, or proceeding, any appeal or petition for review, the collection of any award, or the enforcement of any order, as determined by the arbitrator or court.
- This Agreement is the entire agreement between the parties with respect to the subject matter hereof and will be in effect immediately following its acceptance by both parties.
- This Agreement may be signed by counterparts. A fax or email transmission of a signature page will be considered an original signature page.
- You have the option to pay the whole amount at once or for each phase separately before proceeding with the project. The amount is not refundable.