Terms and conditions
Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Client,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”
By using our services, the client agrees to abide by the following terms.
Online Advertising and Marketing Services
VKL Design Studio (next "VKL DS") offers a variety of services to help improve a website’s online visibility. By engaging us, you agree to the Terms of Service set forth below. If you have questions, or if we may be of any service, please do not hesitate to contact us.
VKL Design Studio provides search engine marketing, optimization and associated services on a local, national and international basis. As such, we submit information on your behalf to search providers for whom you must agree to their terms and conditions. These providers may include, but are not limited to: Google, Yahoo, MSN/Bing, ASK, AOL, Marchex, InfoUSA, Yellowpages.com, Superpages.com, Yellowbook.com, Yelp, Acxiom, Localeze, TrueLocal, local.com, CitySearch, MagicYellow, Dex, YP.com, iBegin, YellowBot, Insider Pages, Kudzu, Merchant Circle, OnStar, local online newspapers, Facebook, Twitter, LinkedIn, YouTube and other sites. The terms and conditions of these providers all apply. VKL Design Studio will not share your information with any business other than in the course of securing online advertising and marketing services on your behalf.
Web Development Services
Your signed agreement will contain more information than what is listed below.
Agreement means the Project Estimate, Terms and Conditions and any other attached documents. Project means the scope and purpose of the Client’s identified usage of the work product as described in the Project Estimate. Services means all services and the work product to be provided to Client by VKL Design Studio as described and otherwise further defined in the Project Estimate. Final Deliverables means the final versions of Deliverables provided by VKL Design Studio and accepted by Client.
Deliverables means the services and work product specified in the Project Estimate to be delivered by VKL Design Studio to Client. Client Content means all materials, writing, images or other creative content provided by Client used in preparing or creating the Deliverables.
Third Party Materials means proprietary third party materials which are incorporated into the Final Deliverables, including without limitation stock photography or illustration.
VKL Design Studio Tools means all design tools developed and/or used by VKL Design Studio in performing the Services, including pre-existing and newly developed software including source code, Web authoring tools, type fonts, and application tools, together with any other software, or other inventions whether or not patentable, and general non-copyrightable concepts such as website design, architecture, layout, and navigational and functional elements.
VKL DESIGN STUDIO SERVICES (VKL DS) shall perform the services listed the Scope of Work according to the Project Estimate.
CHANGES TO PROJECT SCOPE
If Client wants to change the Scope of Work after acceptance of this Agreement, Client shall send VKL Design Studio a written Change Order describing the requested changes in detail. Within 5 days of receiving a Change Order, VKL DS will respond with a statement proposing VKL DS availability, additional fees, changes to delivery dates, and any modification to the Terms and Conditions. VKL DS will evaluate each Change Order at its standard rate and charges.
If Client requests are deemed a Major Change required to produce Deliverables, or the value of the Scope of Services, VKL DS shall be entitled to submit a new and separate Estimate to Client for written approval. VKL DS shall not begin work on the revised services until he receives a fully signed revised Estimate and any additional fees.
If Client requests are not Major Changes, Client will be billed on a time and materials basis at VKL DS current hourly rate. Such charges shall be in addition to all other amount payable under this Agreement, despite any maximum budget, contract price or final price identified. VKL DS may extend or modify any delivery schedule or deadlines in the Agreement as may be required by such changes.
Client will have 20 calendar days to respond in writing accepting or rejecting the new Estimate. If Client rejects the Estimate, VKL DS will not be obligated to perform any services beyond those in the original Agreement.
VKL DS shall use all reasonable efforts to meet the Work Plan and Milestones delivery schedule.
VKL DS may extend the due date for any Deliverable by giving written notice to Client.
Client shall use all reasonable efforts to provide needed information, materials and approvals. Any delay by Client will result in a day-for-day extension of the due date for all Deliverable. Delays beyond 3 months may result in additional fees that may be caused by, but not limited to, browser updates or software updates that could not be handled due to the delay.
Any delay caused be conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay.
EVALUATION AND ACCEPTANCE
VKL DS will test and correct Deliverables using commercially reasonable efforts before providing Deliverables to Client.
Client shall, within 10 business days after receiving each Deliverable, notify VKL DS in writing of any failure to comply with the specification of the Project Estimate or of any other objections, corrections or changes required. VKL DS shall correct and submit a revised Deliverable to Client.
Client shall, within 10 business days of receiving a revised Deliverable, either approve the corrected version or make further changes.
This is limited to errors and not for additions or changes to the original Project Scope. If Client fails to provide approval or comments during any approval period, those Deliverables will be considered approved and accepted.
All objections, corrections and changes shall be subject to the terms and conditions of this Agreement.
Client acknowledges that it is responsible for performing the following in a reasonable and timely manner:
(a) Provide Client Content in a form suitable for use in the Deliverables without further preparation by VKL DS, unless otherwise specified in the Project Estimate;
(b) Proofread all Deliverables. Client will be charged for correcting errors after the acceptance of any Deliverable;
(c) Make decisions regarding other parties.
ACCREDITATION AND PROMOTION
VKL DS shall be entitled to place accreditation, as a hyperlink or otherwise, in the form, size and location as incorporated by VKL DS in the Deliverables on each page of the Final Deliverables.
VKL DS retains the right to reproduce, publish and display the Deliverables in VKL design Studios’s portfolios and websites, in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses.
Either party, subject to the other’s reasonable approval, may describe its role in the Project on its website and in other promotional and marketing materials, and, if not expressly objected to, include a link to the other party’s website.
Automatic Renewals (recurring billing)
Your program subscription is valid for the full duration of the length of the subscription plan you have selected, (usually this is ongoing until you cancel your service). You will be automatically re billed under the terms of your subscription service. If you wish to cancel your recurring billing, please provide us with 30 days advanced notice to cancel. Your account will remain active until the final term has expired.
The VKL DS Subscription Term specifies the initial term for which program rates will be guaranteed and billed, and will be for no less than six (6) months for custom programs. All agreements are auto-renewed at the then published service rates. After the initial agreement period, either party may cancel the program with a 30-day written notice to the other party. Subscriptions cancelled under 30 days of auto renewal date will be terminated following the next renewal date.
ALL SALES ARE FINAL. There are many unforeseen circumstances where refunds or credits will be issued Situations where a member accidentally creates two accounts and is being double billed, or human errors (yes, we are human), where a recurring billing cancellation was requested but not properly processed, etc. are properly adjusted. All such refund requests are at the discretion of our management.
The client has not created any duplicate sites, duplicate content or pages, redirects or doorway pages.
The client has not requested or exchanged links with link farms or undertaken any spamming techniques which may harm the web site’s ranking with Google.
It is not possible to give a 100% guarantee for any specific result on any search engine, nor can we quantify the level of increased traffic or sales, as a result of the SEO campaign.
VKL DS SEO follows a strictly ethical SEO policy and may make void any guarantee should it be discovered that the Client has participated in actions considered undesirable (spamming) by the search engines, such as:
Makes use of hidden links
Links to link-farms, FFA link pages, etc.
Uses page redirect or cloaking techniques
Uses automated web site submission software or websites
Uses automated reciprocal link programs
3rd Party Fees
Any fees that the search engines or social media charge to include a listing are to be born separately by the client. This includes, but is not limited to pay per inclusion charges in directories like, but not limited to Google and Yahoo!
Access to client website
-The Client grants authority to submit the Web Site pages being promoted to Search Engines and directories.
- We must have the ability to optimize the structure and content of your web pages. Such changes generally have a minimal visual impact. We will work directly with you in order to maintain the original look and feel of your website.
- You must provide VKL DS with log-on information (username and password) to allow us to gain FTP access to your website. We will maintain confidentiality of log-in information. We recommend that you change all passwords after we have completed our work.
- VKL DS may provide you with relevant details on writing content for your pages. The content must be prepared by you according to our guidelines for optimization.
You must inform us of any changes made to your site website while VKL DS is optimizing it. Changes made whilst we are optimizing your site may result in negative
The client must allow implementation of all optimization strategies on their website. Alternatively, we offer SEO consultancy services, where we will offer you specific advice on SEO changes to be made on your website, and you make the changes.
Representations and Warranties; License and Grant of Rights
You represent and warrant that you have and will continue to have the absolute and unrestricted right to publish and use all information you have provided for your advertising programs and that the content does not infringe on the rights of any third party and that it complies with all local, state and federal laws and regulations.
Each party warrants that its respective performance of the terms of this agreement will not in any way constitute knowing, intentional infringement or violation of any copyright, trade secret, trade mark, patent, invention or any other nondisclosure rights of any third party.
You indemnify and hold harmless VKL DS against all costs (including attorney fees), damages and liabilities arising from negligent or intended acts on your part constituting the violation of any copyright, trade secret, trade mark, service mark, patent, invention, proprietary information or nondisclosure rights of any third party.
To the full extent of the law, you will pay any expenses or damages to VKL DS resulting from claims made by third parties with regard to usage of material you have provided, even after termination of our Agreement.
You acknowledge and agree that VKL DS makes no specific guarantee or warranty regarding the search providers and publishers to which it submits advertising on your behalf, including placement of paid search advertising or any specific results. VKL DS does not warrant the number of calls, clicks, impressions or website visits or that paid search advertising will appear in response to any particular query.
VKL DS does not warrant that the performance will be error-free but will immediately act to correct errors once they have been identified.
Disclaimer of Warranties
To the maximum extent permitted by applicable law, VKL DS and its suppliers disclaim all warranties not expressly set forth in this document, whether express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to VKL DS services.
Limitation of Liability and Applicable Law
The maximum aggregate liability VKL DS may have to you will be limited to the total amount of fees collected from you. VKL DS will have no liability in connection with the functionality or content of any search provider or internet publisher or website not owned by VKL DS.
This agreement shall be governed and construed by the laws of the State of Illinois.
Any claims against this agreement must be made within 6 months from the date of the subject of the claim, and must be made in writing to our email.
Neither you nor VKL DS will be in breach of its obligations under these Terms and Conditions of Service (other than obligation to pay monies due) in the event that, for cause(s) beyond reasonable control, each party is unable to perform, in whole or in part, any one or more of its obligations. Such causes will include, but not be limited to governmental regulation, fire or other causality, inability to obtain materials or services, technical failure or difficulties, problems or interruptions of the internet, or any other cause not within the reasonable control of either party.
VKL DS may assign, delegate or subcontract any rights or obligations under this Terms and Conditions of Service.
This Terms and Conditions of Service represents the parties’ entire agreement with regard to VKL DS’ provision of services. Agreement with these terms and conditions is upon signature of VKL DS’s Statement of Work, and it will be binding upon you and your successors.
The person signing the Statement of Work certifies that he or she is a lawfully authorized to purchase
Effective upon Execution
Terms and Conditions are binding on both parties on the date the Statement of Work is signed and/or payment is made.