Analytics SEO.com Terms of Service
Analytics SEO.com Terms of Service
Analytics SEO is a service of Analytics SEO Limited ("Analytics SEO"). By using the AnalyticsSEO.com web site ("Analytics SEO site") and any services accessible from the Analytics SEO site, you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Analytics SEO reserves the right to update and change the Terms of Service by providing you with 30 days written notice by email or notifying you of such changes on the Analytics SEO site. Continued use of the Analytics SEO site after any such changes shall constitute your consent to such changes.
If a user violates any of the terms outlined below, Analytics SEO reserves the right to terminate accounts, or bar access to accounts without notice.
Your Account
1. Accounts can only be opened by a person (where person includes a natural person, a corporate or unincorporated body).
2. You must be 18 years of age or older.
3. You must provide a valid email address, along with any other information required by Analytics SEO during the registration process.
4. You are responsible for maintaining the security of your account and password. Analytics SEO will not be liable for any loss or damage from your failure to comply with this security obligation. Personally identifiable information submitted by you shall be subject to our Privacy Policy.
5. One person or legal entity may not maintain more than one trial account.
6. Any trial accounts are limited to one per website.
7. You may not use the Analytics SEO site for any illegal or unauthorised purpose. You must not, in the use of the Analytics SEO site, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refund, Cancellation, Upgrading and Downgrading
Valid credit card details are required for all accounts including all Trial Subscriptions.
Analytics SEO offers a variety of different Packages (“Package”) at different prices each offering different Package Limits (“Package Limits”); an initial payment is taken at the start of the contract and thereafter recurring payments are either automatically deducted at the same time each month (“Monthly Subscription”) each quarter (“Quarterly Subscription”), or at the same time each year (“Annual Subscription”) in advance.
Trial Subscription: From time to time, we may offer you the chance to sign-up for a paid trial for a limited time frame ("Trial Subscription"). This paid trial offer may be introduced or withdrawn at anytime without notice and is only available to new customers. If you previously have held, individually or as a body corporate, any form of paid subscription to an Analytics SEO Package then you are no longer eligible for a Trial Subscription.
If you initially sign up for a Trial Subscription you will be billed a discounted amount for the relevant Package at the start of your trial for the specified period. If you do not cancel your Trial Subscription within the specified trial period, you will be billed at the full rate for the relevant Package monthly starting on the day after the trial period expires. If you cancel your Trial Subscription prior to the end of the specified trial period you will not be charged again. An upgrade from any Trial Subscription to any Package will end your trial. You will be billed for your first month or annually as the case may be immediately upon upgrading.
Monthly Subscription: If you have selected an Analytics SEO Package on a monthly billing plan, then you agree to us automatically deducting the agreed monthly fee from your registered credit card, or such other payment method that we may agree, in advance on a monthly basis in accordance with our pricing schedule. All monthly payments are non-refundable, there will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
In order to treat everyone equally, no exceptions will be made. You may cancel your Monthly Subscription at anytime by simply clicking on the link to cancel your account from within the My Account page on Analytics SEO, such cancellation will take effect at midnight the day before the next monthly payment would have been due.
Quarterly Subscription: If you have selected an Analytics SEO Package on a quarterly billing plan, then you agree to us automatically deducting the agreed quarterly fee from your registered credit card, or such other payment method that we may agree, in advance on a quarterly basis in accordance with our pricing schedule. All quarterly payments are non-refundable, there will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
In order to treat everyone equally, no exceptions will be made. You may cancel your Quarterly Subscription at anytime by simply clicking on the link to cancel your account from within the My Account page on Analytics SEO, such cancellation will take effect at midnight the day before the next quarterly payment would have been due.
Annual Subscription: If you have selected an Analytics SEO Package on an annual billing plan, then you agree to us automatically deducting the agreed annual fee from your registered credit card, or other payment method that we may agree, in advance on an annual basis in accordance with our pricing schedule. All annual contracts are for a minimum term of 12 months and are non-cancellable. Annual contracts will automatically renew for consecutive periods of 12 months thereafter unless cancelled according to the procedure set out below.
Payments are non-refundable, there will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. You may give us notice to cancel your Annual Subscription 28 days prior to the end of any contract year by simply clicking on the link to cancel your account from within your Account page on the Analytics SEO site, such cancellation will take effect at midnight at the end of that contract year.
Subscription Fees: You will be charged the appropriate subscription charges in GBP Pounds Sterling for use of the Analytics SEO site according to the Packages you have purchased online according to the price list set out on the Analytics SEO site, as may be amended from time to time. If you purchase Packages offline then you agree to pay the Subscription Fees and Overage Charges set out on the order form (“Order Schedule”). These Subscription Fees are due in full in advance for both Monthly Subscriptions, Quarterly Subscriptions and Annual Subscriptions. In the event that Analytics SEO agrees to accept payment by bank transfer or other means, then cleared funds must be received within 7 days of opening your Account or your access to the Analytics SEO site may be temporarily suspended. Thereafter cleared funds must be received within 7 days of invoice or your access to the Analytics SEO site may be temporarily suspended. We reserve the right to charge interest at 2% above LIBOR on all late payments calculated on a daily basis. We reserve the right to stop monitoring your sites if your payments are more than 7 days late and to delete all your data and terminate your account if payments are more than 30 days late.
Overage Charges: Each Analytics SEO Package has different Package Limits. If at anytime during a billing month you exceed the Package Limits then you may incur additional usage based fees for such excess usage. Such Overage Charges vary according to the Package you have selected and are clearly set out on the Analytics SEO site price list and within your Account. In some instances selected Packages may include unlimited use of the Analytics SEO site and these Packages will not attract any Overage Charges.
Overage Charges will be billed in arrears at the end of each monthly billing cycle for all Monthly Subscriptions together with the Subscription Fees for the next billing period. Overage Charges will be billed in arrears at the end of each monthly billing cycle for all Quarterly Subscriptions and Annual Subscriptions.
If you cancel your Account for any reason you will be liable for any Overage Charges incurred up to the end of the relevant monthly, quarterly or annual billing period.
Price Changes
Analytics SEO may vary the Package prices, Package Limits and Overage Charges by providing you with 30 days notice. Such notice will deemed to have been given by sending you an email to the email address listed on your Account page, and/or by notifying you within the Analytics SEO site. Such price changes will take place at the end of the next relevant billing period; 30 days plus the time to the date of the next recurring billing date for Monthly Subscriptions and 30 days plus the time to the date of the next recurring billing date for Quarterly Subscriptions and Annual Subscriptions.
All fees are exclusive of all taxes, levies, or duties imposed by all relevant tax authorities, and you shall be responsible for payment of all such relevant taxes, levies and duties where applicable. You agree to pay for any such taxes that might be applicable to your use of the Analytics SEO site and payments made by you herein.
Violation of these Terms of Service
Analytics SEO reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. You acknowledge that Analytics SEO has no obligation to pre-screen or monitor your access to or use of the Analytics SEO site or any information, materials or other content provided or made available through the Analytics SEO site, but has the right to do so. You hereby agree that Analytics SEO may, in the exercise of Analytics SEO' sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.
Cancellation
You are solely responsible for properly cancelling your account where contractually permitted to do so. If you decide to cancel your Account, then you must do so by clicking on the cancel link within your Account. As cancellation will result in the irretrievable deletion of all your Content we keep a computerised audit trail of this action, therefore an email or phone request to cancel your Account shall not result in cancellation.
Any cancellation of your Account will result in the deactivation or deletion of your Account and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Analytics SEO once your Account is cancelled even if you subsequently re-subscribe. If you have paid in full up until the end of your billing cycle, then you will be able to access your Content up to the end of your billing cycle and we would encourage you to download and make backup copies of all your Content before the end of your billing cycle. We will assist with any support request made during this time to provide you with access to your Content.
Please be aware that Analytics SEO may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you cancel.
Termination
Analytics SEO, in its sole discretion, has the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) you fail to settle any invoice in full within 30 days of date of invoice. In each such case Analytics SEO may refuse to provide you any current or future use of the Analytics SEO site, or any other Analytics SEO service. Any termination of your Account will result in the deactivation or deletion of your Account and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Analytics SEO once your Account is terminated; however Analytics SEO may for a time retain residual information in our backup and/or archival copies of our database.
Modifications to the Analytics SEO site and Prices
Analytics SEO reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Analytics SEO site (or any part thereof) with or without notice.
Analytics SEO shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Analytics SEO site except insofar as you have prepaid for a service which has been discontinued part way through the billing period.
Analytics SEO reserves the right to update and change the Terms of Service by giving you 30 days notice. Any new features that augment or enhance the current Analytics SEO service, including the release of new tools and resources, shall be subject to the Terms of Service.
Copyright and Content Ownership
We claim no intellectual property rights over the material you provide to the Analytics SEO site. Your data profile and Content remains yours.
Analytics SEO does not pre-screen Content, but Analytics SEO and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Analytics SEO site.
The look and feel of the Analytics SEO site is © 2011 Analytics SEO Limited. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Analytics SEO.
Intellectual Property and Trade Marks
You acknowledge and agree that Analytics SEO and/or its licensors own all intellectual property rights in the Analytics SEO site. Except as expressly stated herein, this agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Analytics SEO site.
Analytics SEO confirms that it has all the rights in relation to the Analytics SEO site that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of this agreement.
Limitation of Liability
This clause sets out the entire financial liability of Analytics SEO (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of any breach of this agreement; any use made by you of the Analytics SEO site and documentation or any part of them; and
any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
Except as expressly and specifically provided in this agreement: you assume sole responsibility for results obtained from the use of the Services and the Documentation by the Customer, and for conclusions drawn from such use. Analytics SEO shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to you in connection with the Services, or any actions taken by the you at the Analytics SEO' direction; all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement; and the Analytics SEO site and the Documentation are provided to the Customer on an "as is" basis.
Nothing in this agreement excludes the liability of Analytics SEO for death or personal injury caused by the our negligence; or for fraud or fraudulent misrepresentation.
Analytics SEO shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement; and Analytics SEO’ total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the total Subscription Fees paid by you during the 12 months immediately preceding the date on which the claim arose.
Indemnification
You agree to indemnify and hold Analytics SEO, its parents, subsidiaries, affiliates, officers, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Analytics SEO site, use of your account by any third party, the violation of the terms of use by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
Disclaimer
The Analytics SEO site and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether expressed or implied.
Analytics SEO is a distributor and not a publisher of the content supplied by third parties; as such, Analytics SEO exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the site.
Analytics SEO does not warrant that all tools, services, data and reports will be accessible 100% of the time, nor does it warrant that it will be able to continue to provide access to all tools, services, data and reports during the term. Some of the tools, services, data and reports are produced by accessing third party data sources and no warranty is expressed or implied that access to these services will be available in the future as such services may be withdrawn or modified at any time and without notice by such third parties.
Without limiting the foregoing, Analytics SEO specifically disclaims all warranties and representations as the publisher of any content transmitted on or in connection with the site or on sites that may appear as links on the site, or as the manufacturer of the products provided as a part of, or otherwise in connection with, the site, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Analytics SEO nor any of its affiliates, employees, officers, directors, agents, or the like shall create a warranty.
Jurisdiction
These Terms of Service will be governed by and construed in accordance with the laws of England and Wales. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of Analytics SEO.
AnalyticsSEO.com is a website and service owned and operated by Analytics SEO Limited, a company registered in England, Co No 5796620, 1b Sandford House, Claremont Road, Teddington, Middlesex, TW11 8DH, UK, VAT No. GB898633261.