By accessing and using this service, you accept and agree to be bound by the terms and provision of this agreement.
General Terms
The Client agrees that this agreement shall continue for the “term” from the date of this agreement. Once the “term” is reached, the campaign will continue to roll on until the client provides the company 30 days’ written notice. In the event that the Client terminates the Company’s services within the “term” from the date of this agreement, the Client agrees that they shall be liable for and pay the Monthly Fee for the balance remaining of the “term”.
The Client shall give feedback within the timeframe as stated in the timeline provided by the Company to avoid delays. The Company reserves the right to terminate the agreement in any of the following circumstances:
the Client does not contact / respond to requests by email or telephone within ten (10) working days.
the Client’s instructions deviate from this agreement and/or the Client refuses to pay any additional fees if required to do so for any additional work required.
the Client fails to provide content, and/or any additional information requested by the Company within the reasonable deadlines stated.
the Client has more than 1 outstanding invoice in the balance.
In the event of any of the above stated occurrences, the Company may terminate the agreement in writing. Should the Company proceed with a termination, the Client is responsible for the remaining balance to be fulfilled in the Agreement.
The Client acknowledges that the Company makes no warranty that our service will guarantee any increase in traffic, sales, business activity, profits or any other form of improvement for the Client’s business or any other purpose. The Client shall indemnify the Company for any damages or losses arising from or as a consequence of the provision of the Services..
The Client undertakes to handle all personal data in the Website in accordance with the provisions of the Personal Data (Privacy) Ordinance, including but not limited to the following:
collect adequate, but not excessive, personal data by lawful and fair means only for lawful purposes related to the functions or activities of the Website;
take all reasonably practicable steps to ensure that the personal data collected or retained are accurate, having regard to the purposes for which they are to be used;
erase personal data which are no longer necessary for the purposes for which they are to be used;
use the personal data collected only for purposes or directly related purposes for which the data were to be used at the time of collection, unless the individual concerned has given express consent for a change of use or such use is permitted by law;
take all reasonably practicable steps to ensure that personal data are protected against unauthorised or accidental access, processing, erasure or other use;
take all reasonably practicable steps to ensure that a person can be informed of the kinds of personal data that the Website holds and the purposes for which the data are to be used; and
permit persons to access and correct personal data of which they are the data subjects and process any such access/correction requests in a manner permitted or required by law.
The Client warrants to the Company that it shall indemnify the Company for any breach(es) of personal data privacy claims.
The Monthly Fee may be made by the Client to the Company by bank transfer, cheque or online direct debit via our secure online payment portal. The Company shall commence to provide the Services herein to the Client upon receipt of the Client’s first payment and thereafter the Client shall settle the Monthly Fees within 7 days upon receipt of ongoing invoices issued by the Company. The Company reserves the right to assess and collect late-payment charges of 5% per month on any outstanding balances of the Monthly Fee(s).
There are no refunds available on services provided by the Company once payment is affected by the Client. There is also no credit SERVICE AGREEMENT transferred unless the Company agrees. There is also no credit transferred unless the Company agrees.
This agreement is construed in accordance with the laws of the Hong Kong Special Administrative Region.
The Client shall not offer any form of employment to the Company’s current and past staff whilst using the Company’s services, or within 12 months of ceasing the Company’s services at any time during the Term hereof to the expiry of twelve (12) months after the date of termination of this Agreement (as the case may be) employ or attempt to employ any person who is, or shall at any time between the date hereof and the date of such termination be, one of the Company’s employees engaged in providing the Services.
All prices, unless expressly indicated, are in Hong Kong dollars. The company has the sole discretion to adjust the price at any time without prior notice to the customer. If the customer fails to cooperate with the price adjustment, the customer needs to give the company 30 days written notice to terminate the agreement.
The original copy of this contract is in duplicate, and the company and the customer each hold one copy as proof, which will take effect after both parties sign it.
Through your registration for service, paid and/or trial submission of copy and/or other information to searchingineer.com, USER is in agreement to following Terms of Conditions.
Website Design & Development
The following terms relate to the offer to supply Website Design & Development services (“the Services”) by “the Company” to the “Client” for the “Website”.
The Company agrees to provide the Client with the Services including:
An initial designed Website .
One round of minor design revisions.
The Company agrees to complete “An initial designed Website” within 14 business days, if “the Client” finish the initial payment and provides necessary design resources (3). “The Client” agrees that any delays in design, development and content approval will result in overall project delays.
For the purposes of providing these services, the “Client” agrees to provide where applicable: Website log in details, copy suggestions, images, branding files and documents.
The Client acknowledges the following with respect to services:
The Company has no control over the policies of channels with respect to the type of sites and/or content that they accept now or in the future.
No liability whatsoever (except as provided by law) will be accepted by the Company for any damages or losses arising from or as a consequence of the provision of the Services.
Website Maintenance and Support
The following terms relate to the offer to supply Website Maintenance and Support services (“the Services”) by “the Company” to the “Client” for the “Website”.
The Company agrees to provide the Client with the Services including:
Website Support in Office Hours.
Website Backup.
Updating Website Plugins.
Malware Scanning.
Fixing Website Bug
The Company agrees to start “Website Maintenance and Support services” within 14 business days, if “the Client” finish the initial payment and provides necessary access (FTP/cPanel/CMS and others relevant to the website) logins in details.
The Client acknowledges the following with respect to services:
The company makes no warranty that fixing website bug will solve the problem.
No liability whatsoever (except as provided by law) will be accepted by the Company for any damages or losses arising from or as a consequence of the provision of the Services.
Search Engine Optimization (SEO)
The following terms relate to the supply of search engine optimization (SEO) services (“the Services”) by the Company (Searchingineer) to the Client for the Website.
The Company agrees to provide the Client with the Services and is authorised by the Client to use the Key Phrases to attempt to improve the ranking of and/or positioning of the Website within the Search Engines.
The client acknowledges and agrees that:
If the Services provided are delayed and are not as a result of any fault(s) on the part of the Company, no refund or compensation will be offered to the Client.
The Client warrants to the Company that the Key Phrases and/or contents of the Website do not and will not violate any law or regulation.
The Client warrants to the Company that it has not received any written notice or claim, and the Key Phrases and/or the contents of the Website does not infringe, interfere, violate or misappropriate the intellectual property rights of any other party.
If the Company notifies the Client in writing of a claim or cause of action against the Company that any of the contents of the Website infringes a presently existing intellectual property right of a third party, the Client shall indemnify and defend such claim or cause of action at its own expenses and pay any costs or damages, including but not limited to all legal costs and disbursements which may be reasonably incurred or finally awarded against the Company.
The guarantee made by the Company in the (SEO Performance Guarantee) table does not apply in the following circumstances:
If changes are made to the Website by other parties than the Company that adversely affect the search engine rankings of the Website (as determined by the Company);
or
If the Website is offline due to a reason not caused by the Company.
If the Company does not reach the stipulated guarantees/milestones at not fault of the Client (Company has full website access and client site has never been offline), the company shall work for free for no more than 30 days after the contract term is completed.
The guarantee begins from the day the Company uploads seo copy to the Clients website. The guarantee is void if the Company’s changes are overwritten or lost by the Client.
The Client acknowledges that the Company makes no warranty that SEO will generate any increase in sales, business activity, profits or any other form of improvement for the Client’s business or any other purpose. No liability whatsoever (except as provided by law) will be accepted by the Company for any damages or losses arising from or as a consequence of the provision of the Services.
Paid Media: Pay Per Click (PPC) & Paid Social
The following terms relate to the offer to supply Pay-Per-Click (PPC) / digital advertising / social media advertising / Paid Social / Facebook/Instagram Advertising / LinkedIn Advertising / Yahoo Bing Advertising services (“the Services”) by “the Company” to the “Client” for the “Website”.
The Company agrees to provide the Client with the Services and is authorised by the Client to use the Key Phrases to manage and attempt to improve the performance of the Client’s advertising campaign(s) within the Search Engine and/or managing digital advertising on other platforms on platforms including, but not limited to: Google, Bing/Yahoo, Facebook, Linkedin, WeChat, YouTube.
For the purposes of providing these services, “Client” agrees to provide where applicable:
Google Ads, Google Search Console, Facebook Business Manager, LinkedIn Ad Manager and Google Analytics access.
If applicable suggested keywords for ad targeting, as well as ad copy suggestions and creative assets are shared with the Company by the Client. The Client warrants the Client has the unrestricted legal and/or trademark and patent rights to use the assets provided to the Company for digital advertising purposes in all of the territories and/or countries targeted via digital ads. The Client also confirms that the Company has the right to act as an agent of the Client deploying said creative assets via digital advertising. If any the creative assets provided by the Client to the Company can, for whatever reason, no longer be used in digital advertising, it is the sole responsibility of the Client to promptly inform the Company in writing via letter or official Company email. If the Company has produced creative assets (ads) for the Client (to be used in digital advertising promoting the Client’s products or services), the Client will take the sole reasonable for promptly pointing out to the Company (in writing via official Company email addresses) any reasons as to why said creative assets cannot be used / run in digital advertising. These reasons include but are not limited to: use of non approved brand language, use of non approved brand visuals or imagery, use of non approved corporate identity. It is the sole responsibility of the Client to share brand guidelines, as well as lists of ‘non brand approved’ terminology and jargon at the beginning of the cooperation between the Client and the Company.
The Company warrants that its own creative work (assets created for ads and copywriting for ads) is original and that it will not knowingly or negligently infringe the rights or intellectual property of a third party. It is the Client’s sole responsibility to make all appropriate searches or enquiries in this regard at the appropriate time prior to the start of all work to be completed by the Company. Beyond the scope of this warranty, the Company shall have no liability to the Client in respect of any infringement or alleged infringement of intellectual property of any third party or passing off.
The Company has no control over the policies of search engines with respect to the type of ads that are being served on the search engine and/or advertising platform and/or the sites and/or content that they accept now or in the future. “Client” site and keywords may be excluded from any website or search engine results page at any time at the sole discretion of the search engine and/or advertising platform.
It is the sole responsibility of the Client to inform the Company of keywords that should, for whichever non performance related reason, categorically be excluded from targeting.
Media spend can be paid to Google, Bing/Yahoo, Facebook, Linkedin, WeChat or any other advertising platform directly by the Client. The Company can pay on behalf of the Client, once the Client has prepaid the Company’s invoice which includes media spend.
The Client acknowledges that the Company makes no warranty that digital ads will generate any increase in sales, business activity, profits or any other form of improvement for the Client’s business or any other purpose. If performance goal related bonus components are mutually agreed by the Company and the Client, the Company will make reasonable efforts towards achieving said performance related goals. This however does not warrant any guarantees that performance goals can and/or will be achieved.
No liability whatsoever (except as provided by law) will be accepted by the Company for any damages or losses arising from or as a consequence of the provision of the Services.
The Client acknowledges that the Company will provide one ad variations for the clients’ approval (this includes ad copies as well as creative assets used in digital advertising). Unless otherwise agreed by the parties, the standard ad revision is one round per ad. Subject to prior written Client approval any further rounds of revisions for a particular ad variation may incur an additional fee that will be added to the Clients’ next invoice. Such additional fees need to be approved by the Client before the subsequent rounds of revisions are executed by the Company.
Social Advertising
The following terms relate to the offer to supply Social Media Advertising services (“the Services”) by “the Company” to the “Client” for the “Website”.
The Company agrees to provide the Client with the Services and is authorised to use Social Media Advertising to manage and attempt to improve the performance of the Client’s advertising campaign/s within the agreed upon channel.
For the purposes of providing these services, “Client” agrees to provide where applicable: channel page log in details, copy suggestions for ad creation.
The Client acknowledges the following with respect to services:
The Company has no control over the policies of channels with respect to the type of sites and/or content that they accept now or in the future.
Targeting selected for channel is up to the discretion of the “Company”.
Media spend can be paid to Google, Facebook, Instagram, Linkedin or WeChat directly by the Client, or the Company can pay on behalf of the client, once the Client has prepaid the Company’s invoice which includes media spend.
The Client acknowledges that the Company will provide an agreed, set number of ad variations for the clients’ approval. Unless otherwise agreed by the parties, the standard ad revision is one round per ad. Any further rounds of revisions for a particular ad variation may incur an additional fee that will be added to the Clients’ next invoice. The fee will need be disclosed by the Campaign Manager to the Client and will need to be approved by the Client before the subsequent rounds of revisions are execute.
Content Writing
The following terms relate to the offer to supply Premium Content Writing services (“the Services”) by “the Company” to the “Client” for the “Website”.
The Company agrees to provide the Client with the Services including:
A dedicated Content Writing Specialist
One round of minor revisions
The Company agrees to complete “the Services” within the agreed upon turnaround time, as per the signed Service Agreement between the Client and the Company, if the Client provides necessary approvals and amendments within 3 business days.
For the purposes of providing these services, the Client agrees to provide:
A completed content questionnaire with proper detail
Copy samples and suggestions
Approval of content within 10 business days
And where applicable:
Images
Branding files
Channel page log in details
The Client acknowledges the following with the respect to the Services:
The Company has no control over the policies of channels with respect to the type of sites and/or content that they accept now or in the future.
The Company has permission to upload the content, should the Company have relevant access and the Client does not provide approval within the agreed 10 business days
No liability whatsoever (except as provided by law) will be accepted by the Company for any damages or losses arising from or as a consequence of the provision of the Services.
Online Reputation Management
The following agreement relates to the supply of Online Reputation Management (ORM) services (“the Services”) by Searchingineer (“the Company”) to the “Client” for the Campaign.
The “Company” agrees to provide the “Client” with the “Services” and is authorised to optimise the business profiles and microsites which are used in the campaign for the purposes of increasing the ranking for selected key phrases and the goal of demoting ‘offending and negative sites’ on page 1 of google.
For the “Company” to provide the “Services”, the “Client” agrees to provide correct access and other necessary logins to the Website for uploading, title tags, meta tags and making changes to content and source code for the purpose of optimization.
The client acknowledges and agrees that:
The Company has no control over the policies of the Search Engines with respect to the type of sites and/or content that they accept now or in the future.
The Client acknowledges that the Company makes no warranty that Reputation Management will generate any increase in sales, business activity, profits or any other form of improvement for the Clients business.
Services are due payment under all circumstances; including if any of the following situations occur which may disrupt the efforts and work provided by the “Company”:
If changes are made to the website(s) and/or backlinks are built to the website by other parties that adversely affect the services provided by the Company; or
If the Website(s) is offline due to a reason not caused by the Company; or
If Google releases an algorithm update and changes suggested by the “Company” are not implemented by the “Client”
If work is delayed through no fault of the “Company”
Any guarantees made by the Company does not apply in the following circumstances:
If changes are made to the Website(s) by parties other than the Company that adversely affect the search engine rankings of the Website (as determined by the Company);
If the Website(s) are offline due to a reason not caused by the Company.
If the Company does not reach the stipulated guarantees or milestones, at no fault of the Client (Company has full website access and client site has never been offline), the company shall work for free for no more than 30 days after the contract term is completed.
The guarantee begins from the date of payment. All guarantees are void if any changes by the Company are overwritten or lost by the Client.
Early Termination: Either party may terminate this agreement by giving each other one month’s written notice before the expiry of the “term”. In the event that the “Client” terminates the “Company’s” “Services” during the period covered by this contract, the “Client” agrees that it shall be liable for and shall pay the Monthly Fee for the balance remaining of the contact.
There are no refunds available on services provided by the “Company”.
Definitions:
‘Reputation Management’ means providing work to reduce the impact of ‘offending sites’ made by third parties against the Client
‘Offending sites’ means a website, blog post or article deemed as harmful to the Client’s online reputation
‘Negative Keyword’ means the keyphrases used as search terms which produce the ‘offending sites’ deemed harmful to the Client’s reputation
Photography/Videography
The following terms relate to the offer to supply Photography and/or Videography services (“the Services”) by “the Company” to the “Client”.
The Company agrees to provide the Client with the Services including:
Produce the photographs and/or videos
One round of minor design revisions
Upon full payment, licensing to photographs and/or videos created by the Company
The Company agrees to complete “the Services” within 30 business days, if “the Client” provides necessary approvals within 3 business days.
For the purpose of providing the services, the Client agrees to provide:
A completed brief or briefing session with proper detail
Photograph and/or video samples and suggestions
Approval of content within 3 business days
And where applicable:Branding files
Existing imagery
Client representative on day of shooting
“The Client” agrees that any delays in briefing, communications and content approval will result in overall project delays.
The Company is entitled to use all Photographs and Videos for self-promotion purposes, including entries into contests and awards, advertising, print and website use.
Unless specified in the Agreement, the Company is the sole owner of any intellectual property created by the Company in the course of the Services, including but not limited to Photographs, Videos, digital or electronic material, scripts, or any other products relating to the photographs and/or videos.
Unless otherwise agreed to in writing, the Photographer is not responsible for storing or archiving any Photographs or Video footage.
The Company grants the Client the license to use the agreed photographs and/or videos during an initial 12-month term from the date that full payment has been made.
The initial Licensing fee will be paid by the Client in the initial invoice, at 10% of the total production cost.
The Client may purchase the licensing rights at 50% of the total production cost.
The Client may renew the license every 12 months at 10% of the total production cost. Licensing will be renewed by the Company every 12 months unless the Client chooses to terminate the Licensing Agreement in writing.
The Company may not assign or transfer any license or part thereof, unless authorized in writing by the Company. By default, the License shall be deemed cancelled by the operation of law.
The Client does NOT have the right to edit, change, add to, take from, alter or otherwise amend any videos without the prior written consent of the photographer.
The Client agrees and acknowledges that the details of the Services provided have been discussed by both parties and are described in full in any applicable attached briefs.
Should a Client representative be required on the day of shooting, the Client agrees that any absence on that day will result in the Company’s interpretation of the Services prevailing.
The Client agrees that should shooting extend beyond the standard hours included, the Client will pay an overtime fee of:
$4000HKD for the team (The Company), including any make-up artists and stylists, per hour
$2000HKD for any models and talents per hour
The Client warrants to the Company that:
It has the capacity and authority to enter into the Agreement with the Company
It has obtained necessary clearances in relation to the subject matter to be photographed/recorded
It will only use the Photographs and/or videos provided in accordance with the Law and License granted by the Company
No liability whatsoever (except as provided by law) will be accepted by the Company for any damages or losses arising from or as a consequence of the provision of the Services.
If the Client cancels the agreement, the Company reserves the right to charge the Client the full Fee, as well as any Expenses incurred.
This agreement may be terminated if:
The Client fails to pay any part of the Fee or Expenses
The Client is declared bankrupt, enters into administration or into liquidation
orThe Client is in breach of the Agreement and has failed to rectify the breach within 30 days after receiving notice form the Company of such breach.
The Agreement may not be modified, amended, or otherwise altered unless agreed to in writing between both parties.
If any provision of the Agreement is held to be invalid under the law, the validity of the whole Agreement shall not be affected. Any remaining provisions will remain in full force and effect.
Definitions:
‘Photographs’ refer to and include all original work or any part thereof, created by the Company for the purpose of provision to the Client
‘Videos’ refer to and include all original work or any part thereof, created by the Company for the purpose of provision to the client
Press Release Distribution
The following terms relate to the offer to supply press release distribution services (“the Services”) by “the Company” to the “Client”.
1. The Company agrees to provide the Client with the Services including:
A. Posting press releases on news sites
B. Press releases writing
2. Client understands and acknowledges and agrees that the “Company” does not and will not accept press releases for publicly traded companies, legal stories without documentation (docket/case#), stock recommendations, casino/gambling, sports betting, e-cigarettes or tobacco, unaccredited pharmacies, pornographic or sexually explicit materials, sexual enhancement, illegal activity, releases containing defamatory comments or statements, intent to harm or any other material we deem unacceptable. This content is defined as anything deemed intended to: incite, advocate or express hatred, bigotry, racism or gratuitous violence; promote personal opinions attacking an individual or group; maliciously affect a company’s stock; or stalk, defame, defraud, degrade, shame or victimize an individual or group.
3. The Company agrees to complete “press release distribution services” within 30 business days, if “the Client” finish the initial payment and provides necessary content writing resources (3). “The Client” agrees that any delays in content approval will result in overall project delays.
4.For the purposes of providing these services, the “Client” agrees to provide where applicable: content suggestions, images, branding files and documents.
5.The Client acknowledges the following with respect to services:
A. The Company has no control over the policies of channels with respect to the type of sites and/or content that they accept now or in the future.
6. No liability whatsoever (except as provided by law) will be accepted by the Company for any damages or losses arising from or as a consequence of the provision of the Services.
7. The Company will not be held liable for services that may not be completed due to complications or failure with third party affiliates equipment or services including transfer of xml information.
8. The “Client” is responsible for the content and accuracy of all news copy and other information submitted by The “Client”. Due to the volume of news, information and copy submitted to the “Company” cannot and will not be responsible for verifying any facts contained therein. The “Client” represents and warrants to the “Company” that
A. it has the right to deliver to the “Company” all information and copy submitted to it,
B. it will comply with all applicable laws, rules and regulations, and
C. no information or copy submitted by The “Client” or on The “Client”S behalf will contain any content that is libelous, slanderous, obscene or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person.
The “Client” shall indemnify and hold harmless the “Company”, the “Company” and owners, third party vendors, including distributors, from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorney’s fees) arising out of or relating to any breach by Member of the foregoing representations and warranties or otherwise arising out of or relating to the contents or nature of copy and other information provided by The “Client” or anyone acting on The “Client” behalf.
9. the “Company” has the right to deny or edit copy or other information as it sees necessary. the “Company” at its sole discretion, has the right to delete any press release, trial or paid, from its website, pull any press release from dissemination or deny approval to any press release, trial or paid.
10. All news releases and other information transmitted by the “Company” is mandatory to display contact name and phone number along with a identifiable source supplied by The “Client”. This information adds legitimacy to the release by identifying who is responsible for the content. This information may not be the name of an agency acting on behalf of The “Client”.
11. the “Company” does not warrant or guarantee specific placement or pickup by journalists of any press release within its services, but will make available your news release to the appropriate media point(s) through our network where a reporter or editor may best be able to decide on usage; further, once a story has been distributed, we will not issue a refund, in part or in full due to lack of results or feedback.
12. The “Client” acknowledges that after distribution of their press release, The “Client” will not be able to retract, change, delete or alter information in their press release that has been distributed to any of the “Company” website partners or network including RSS feed and javascript partners that pull feeds from the the “Company” website. If information is required to be changed on a press release, the “Company” will make efforts to change the information on the release that is stored in the database on the the “Company” website with no guarantees that this change will take effect of any of its partner sites. The “Client” also acknowledges that in the event a press release is distributed with information that was required to be changed after the release date, they will not hold the “Company”, or any of their distribution partners liable in the event a press release is distributed.
13. The “Client” agrees that they have full written permission from any companies mentioned in their press release other than their own. The “Client” also agrees they have full written permission from anyone elses name mentioned in their press release other than their own.