This Nexusmediaworks.com Terms and Conditions contains the terms and conditions that govern The Client (hereinafter referred to as “Client”) access to and use of the service and is an agreement between Nexus Mediaworks Sdn Bhd (“NEXUS”) and the Client. This agreement takes effect when the Client click on “Order Now” button, or when the Client use any of the services. The Client represent to us that the Client is lawfully able to enter into contracts (e.g. the Client is not a minor). NEXUS reserves the right to modify the terms and conditions at any time, and by accepting the terms and conditions, the Client agree to abide by the modification of the terms and conditions at any time as NEXUS deems appropriate.
Search Engine Optimisation Term and Conditions
I. The Parties
NEXUS MEDIAWORKS INTERNATIONAL SDN BHD (877202-M) including its subsidiaries, employees, agents, subcontractors or any person or entity acting on behalf of NEXUS MEDIAWORKS INTERNATIONAL SDN BHD. Referred to as “NEXUS”.
THE CLIENT including the company and its subsidiaries, employees, agents, subcontractors or any others person or entity acting on behalf of the THE CLIENT. Referred to as “ Client, You, Your, Yours” etc.
II. The Agreement
- “NEXUS” agrees to provide Client with Search Engine Optimisation and Reporting Services (referred to as “SEO”) as described in this agreement “NEXUS” is authorised to use specific keywords and/or phases set forth in the proposal for development, improvement, improving the ranking of and positioning the contents of the Client’s URL(s), in the search engines.
- Client agrees to pay “NEXUS” a fee as stated in the Proposal for a period specified in the proposal above. Client also agrees to full down payment fee to be paid before the commencement unless otherwise explicitly agreed. The Client acknowledges and understand that “NEXUS” will impose a cancellation fee, at NEXUS’ prescribed rate for cancellation if customer decides to cancel within 7 days from contract date. Payments made are non refundable.
- Effective Date. The effective date of this 12 months service agreement shall be the date of execution, as identified in the contract date.
- In an event of early termination on SEO, any fees payable to "Nexus" will not be refundable.
- For the purpose of providing these services, client agrees to authorise and provide means for:
- “NEXUS” to modify and uploading new pages and make changes for the purpose of Optimisation.
- “NEXUS” to use all client logos, trademarks, website images, etc. for and only use in creating information pages and any other uses as deemed necessary by “NEXUS” for search engine optimisation and positioning.
- If client’s site is light in texture content, client will provide additional text content in electronic format for the purpose of creating additional web pages. Client agrees to provide content, for example 200 to 500 word “article” about each of their keyword phrases.
- “NEXUS” is neither responsible nor accountable for:
- Changes made to the Web site by the client or other parties that adversely affect the search engine rankings of the Client’s Web site.
- Client's overwrite SEO work to Client's site. IE / Client webmaster making changes and uploading over work already provided. Client will be charged an additional fee for re-construction.
III. Google Policy
- “NEXUS” has no control over the policies of search engines with respect to the type of site or content that they accept now or in the future.
- The Client’s site may be excluded from any directory at any time at sole discretion of the search engine or directory or when a client's previously engaged search engine Optimisation techniques cause the site to be banned by Google.
- In the event that a page is dropped by a search engine “NEXUS” will re-submit those pages that have been dropped from the index.
- If the site has been banned by Google, "NEXUS" will not able to optimize your site unless customer registers a new domain name and website.
IV. Termination Clause - IMPORTANT
In an event of termination of Search Engine Optimisation package, customer agreed “NEXUS” reserves the right to remove all the Optimisation techniques, algorithms, keywords, phrases, and search terms.
- NEXUS uses proprietary techniques to achieve its SEO advantage. The removal of which is to prevent copying, duplication or other compromising of the Proprietary Right of NEXUS and its Subsidiaries.
- In an event of termination of Search Engine Optimization package, customer further agrees “NEXUS” reserves the right to remove all the optimization techniques, algorithms, keywords, phrases, and search terms.
NOTE: CUSTOMER CANNOT ENGAGE ANOTHER SERVICE PROVIDER WITHIN 90 DAYS FROM THE TERMINATION DATE FOR THE SAME SERVICE TO PREVENT COPYING THE SEARCH ENGINE OPTIMIZATION EFFORTS, TECHNIQUES, ALGORITHMS, KEYWORDS,PHRASES, AND SEARCH TERMS RENDERED BY “NEXUS”
Pay-Per-Clicks / Sponsored Links Advertising Term and Conditions
By participating in "NEXUS" online marketing program,you accept and agree,without limitations or qualification,to all of the terms and conditions in this Agreement. As used in this agreement,the terms "Client", "You", "Your" or "Yours" means you and the company or entity, which you represent. You agree that any of your agents, representatives, employees, or any person or entity acting on your own behalf or on behalf of a third party. In order to effectively run a comprehensive online advertising campaign for your company,we need to have your permission to carry out numerous marketing functions on your behalf, as well as make possible alterations to your website. Our experienced marketing sta will carry out these functions numerous times. Your authorize "NEXUS" will be performed following services:
- Your company authorizes “NEXUS” to establish creative pay-per-click advertising campaigns on your behalf (Search Engine Marketing & Social Media Advertising ). Due to the numerous ads we write, test, and rewrite based on results, ad campaigns shall be created and promoted at the sole discretion of Opportunity Clicks. We will always develop ads that are consistent with the mission of your company and within professional business guidelines. You can count on our expertise in creating the most effective ads, bringing you the most value for your advertising dollar. “NEXUS” professional marketers know numerous tips and tricks for getting the best possible value out of pay-per-dick advertising programs such as Google AdWords, Facebook Advertising and Linkedin Advertising. Many of these techniques are exclusive to “NEXUS” and were established as a direct result of our experience. For this reason, we cannot divulge these techniques to anyone including “NEXUS” clients. Only “NEXUS” marketers shall have direct access to Google and Social Media online advertising campaigns that we are conducting on your behalf.
- Each group of search engines we work with has their own regulations and restrictions to which we must conform. For instance, title and descriptions for your listing must remain within certain character limitations and pop-ups are not allowed.
- We do not promote pornography, gambling or sites that promote street or psychiatric drugs.
- We request that you tell us any time you change the names of any of the pages within your site. When we set up your site with each search engine group we send the user to the page most applicable to a particular search term. Use of specific "landing" pages has been shown to increase user satisfaction and the return on your investment.
- Google uses several criteria to establish the position or rank of an ad. This include "click through rate", "cost per click" and daily budget. Choice of keyword phrases, the way these phrases are submitted, title, engines the position on your ad through the day can vary. Also, if you budget is not as high for a term or group terms as Google suggests, your term will not come up every time that phrase is searched. Also if your click through rate is not high enough (over 1%) it will not not show on Google a liate sites.
- "NEXUS" shall keep all information regarding your online marketing efforts in private and confidential.We will not share any information about your online marketing campaigns with anyone other than you.We shall also hold all confidential business information derived from you or your website in strict confidence.
- If “NEXUS” terminates your account or if you decide to terminate your account(s), and you provide notice to “NEXUS”, your account will be deemed terminated when “NEXUS” receives such notice. At least one month termination notice need to be given to "NEXUS" . No prorated refunds of any monthly payment amount shall be issued. Invoicing or auto billing (if in place) will immediately be discontinued.
- You acknowledge that your company has sole responsibility for any content on your web site and agree to indemnify and hold “NEXUS” harmless from and against any and all claims in connection with such content, even if content has been altered or added directly by “NEXUS” staff. You further acknowledge that “NEXUS” is not responsible for the maintenance of your Web site(s) nor is “NEXUS” responsible for order entry, payment processing, shipping, cancellations, returns or customer service issues concerning orders placed on Client's Web site(s).
- You represent and warrant that you have su cient authority to enter into this Agreement. You represent that you are the authorized owner or representative of the website(s) for which service has been requested,and that such site(s) is not involved in any illegal activity, hate activity (whether racial or otherwise), and does not contain any libelous material. You will not hold “NEXUS” or its affiliates liable or responsible for the activities of visitors who come to your site(s) through a link provided from Opportunity Clicks. “NEXUS” reserves the right to reject or remove any website from the program at any time, and that art such a decision made by “NEXUS” in this matter will be final and neither Opportunity Clicks nor its licensees (or distributors) shall have any liability with respect to such decisions.
- This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, between you and “NEXUS”. Only a written instrument executed by the party waiving compliance may waive the terms or covenants of this Agreement. If any provision of this Agreement is held or made invalid or unenforceable for any reason, such invalidity shall not a ect the remainder of this Agreement, and the invalid or unenforceable provisions shall be replaced by a mutually acceptable provision, which being valid, legal and enforceable comes closest to the original intentions of the parties hereto and has like economic e ect. This Agreement is not intended to benefit, nor shall it be deemed to give rise to any rights in any third party. “NEXUS” may change this Agreement at any time upon notice published on the “NEXUS” web site or by e-mail notification to you. Continued use of the “NEXUS” Marketing Program after such notice shall be deemed to be continued acceptance of this Agreement including its amendments and modifications.
- Effective Date. The effective date of this agreement shall be the date of execution, as identified in Date Signed.
- In an event of early termination on PPC, any fees payable to "Nexus" will not be refundable.
- Google Analytics account that is created by "Nexus" . All the data and the Google Analytics Account will not be release or provide to during termination of services.
- All Pay-Per-Clicks platform data that is created by "Nexus", we will not release or review the data during termination of services.
All Client shall be solely responsible to satisfy any current or future taxes that may be imposed (including withholding taxes under the Income Tax Act 1967 and the Goods & Services Tax Act 2014) under the relevant legislation for charges fees and other government imposed responsibilities (if any) from the payment made by client to Nexus Mediaworks International Sdn. Bhd.
Limitation of Liability Clause
To the fullest extent permitted by law, the total liability, in the aggregate, of Consultant, Consultant’s officers, directors, partners, employees, agents, and subconsultants, to Client, and anyone claiming by, through, or under Client for any claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to this Project or Agreement from any cause or causes, including but not limited to negligence, professional errors and omissions, strict liability, breach of contract, or breach of warranty, shall not exceed the total compensation of MYR50.
- Due to the competitiveness of some keywords/phrases, ongoing change in search engine ranking algorithms and other competitive factors. “NEXUS” does not guarantee #1 position or consistent top 10 positions for any particular keyword, phrase or search term. “NEXUS” does not guarantee unlimited number of keywords / key phrases as agreed. Customer will have access to these key phrases through the real-time statistics provided by "NEXUS". “NEXUS” will use Best Efforts Basis to rank Client Website in Google search engine within the contract periods.
- Some search engines and directories may take as long as 2 to 6 months, and in some cases longer, after submission to list your site.
- Occasionally, search engines will drop listings for no apparent or predictable reason. Often listing will “reappear” without any additional submissions. This listing will "re-appear" without any additional submission. If the listing not reappear, "NEXUS" will re-submit the site(s).
- Additional Services not listed herein or in above Proposal will be provided on an hourly charges. For example, purchasing keywords beyond the scope provided in the SEO proposal, NOTE: “NEXUS” does not practice or promote any unethical search engine Optimisation techniques, which includes blackhat SEO or creating unethical doorway pages to generate traffic.
- "NEXUS" uses best practice when making guarantees about the ranking of page. "NEXUS" will provide the best practice to position key phrases to top position but this is not general statement by ranking sort all search term. "NEXUS" will guarantees to continue working on the site if the conditions of guarantees are met. (See point vii).
- Client guarantees any elements of text, graphic, photos, designs, trademarks, or other network provided to "NEXUS" for inclusion on the website above are owned by Client, or that Client has received permission from the rightful owner(s) to use each of the elements to be harmless, protect, and defend. "NEXUS" and its subcontractors from any liability or issue arising from the use of elements.
- In an event of early termination, the client will be charged the fees for the work delivered up to the point of cancellation and a cancellation penalty of 50% of the remaining contract value.
- In an event of early termination, any fees payable to "NEXUS" will not be refundable.
- This written Agreement, the Services Product Agreement herewith and therewith represent the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous, or unwritten oral agreements of the parties. There are no subsequent oral agreements between the parties.