Terms of Use

Updated on: February 8, 2010 Please carefully read these Terms of Use (“Terms of Use”) before using the Plug in SEO Services (as defined below), as they affect your legal rights and obligations. These Terms of Use govern your use of the Services. By accessing, using or registering for or receiving Services offered on the Website, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE THE SERVICES. These Terms of Use apply as between you, the User (“User” or “you” or “your”) of Services provided therein and Plug in SEO Ltd (“Plug in SEO” or “we”, “our” or “us”, the owner(s) of the Services and this Website. Your agreement to comply with and be bound by these Terms of Use and to grant any and all licences required is deemed to occur upon your acceptance of these Terms of Use prior to your first use of the Services.

1. Definitions

In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account”	means collectively the personal information, payment information and credentials used by Users to access the Services through the Web Site;
“Agreement”	means the binding agreement that shall come into effect between the User and Plug in SEO following the User’s acceptance of these Terms of Use and which shall incorporate these Terms of Use;
“Content”	means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Website;
“Pricing Plan”	means the pricing information at http://www.pluginseo.com/signup.htm, which may be updated from time to time;
“Services”	means collectively the online facilities, tools, services or information that Plug in SEO makes available through the Website either now or in the future;
“Submission”	means any materials provided by you to Plug in SEO, including by not limited to URLs and keywords, in the course of using the Services;
“Subscription Fee”	means the sum of money paid by Users at 30 day intervals to keep their Account active and to enable them to access the Services;
“Subscription Period”	means the 30 day period for which a subscription has been purchased;
“User Website”	means the website referred to by the URL supplied by the User in creating their Account;
“User Web Traffic”	means the total number of visits to the User Website in the previous Subscription Period, as measured by the analytics package selected by the User when configuring their account;
“Analytics Tracking Code”	means the web site code that the User inserts into the User Website code in order to send analytics data to the analytics package selected by the User when configuring their account;
“Website”	means the website on which these Terms of Use appear (pluginseo.com) and any sub-domains (e.g. my.pluginseo.com) of that website unless expressly excluded by their own Terms of Use.

2. Interpretation

1. Unless the context otherwise requires, each reference in these Terms of Use to:
   1. “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
   2. a statute or a provisions of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
   3. a Clause or paragraph is a reference to a Clause of these Terms of Use.
2. The headings used in these Terms of Use are for convenience only and shall have no effect upon the interpretation of these Terms of Use.
3. Words imparting the singular number shall include the plural and vice versa.
4. References to any gender shall include the other gender.

3. Changes to the Services and the Terms of Use

Plug in SEO reserves the right to add, delete, change or modify parts of these Terms of Use at our sole discretion and at any time without notice to you. If we do this, we will post the updated Terms of Use on this page and will indicate the effective date of the Terms of Use at the top of the page. It is important for you to refer to these Terms of Use from time to time to make sure you are aware of any changes we may have made to these Terms of Use. Your continued use of the Services constitutes your acceptance of the new Terms of Use.

4. Provision of Services

1. Plug in SEO shall use its best and reasonable endeavours to provide the Services on an error-free basis and without interruption.
2. Notwithstanding sub-Clause 4.1, Plug in SEO does not provide any guarantee that provision of the Services shall be error-free or without interruption and reserves the right to alter or suspend provision of the Services without prior notice to Users. By accepting these terms and conditions the User acknowledges that the Services may change in form or nature at any time.
3. Plug in SEO shall have the right, exercisable at its sole discretion, to terminate provision of the Services without prior notice to Users.

5. Access to Services

1. You represent and warrant that you have the authority to enter into the Agreement, to use the Services, and to perform any and all acts as may be necessary under these terms and conditions. If you are unable to comply with these requirements you must not use the Services and must not accept these Terms of Use.
2. In order to use the Services, you are required to create an Account and to submit certain personal and/or business details. By accepting these Terms of Use you represent and warrant that:
   1. any information that is submitted is accurate and truthful;
   2. all such information will be kept accurate and up-to-date;
   3. the means by which you identify yourself does not violate any part of these Terms of Use or any applicable laws; and
   4. Plug in SEO may use the email address supplied in such information to contact you with notices as described in this Agreeement;
3. You agree to accept responsibility for all activities that occur under your Account or password, and agree you will not sell, transfer or assign your Account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access any password-protected portion of the Website using your Account.

6. Subscriptions, Refunds and Cancellations

1. The first Subscription Period commences on the date that the User creates their Account. The Subscription Fee for the first Subscription Period will be zero.
2. The User’s credit / debit card or other payment method as supplied by the User will be billed at the commencement of each Subscription Period.
3. After the first Subscription Period, the Subscription Fee for each Subscription Period is determined according to the amount of User Web Traffic in the immediately preceding Subscription Period, as described in the Pricing Plan.
4. If the User Web Traffic in the immediately preceding Subscription Period is lower than the User Web Traffic in the Subscription Period immediately before that, the Subscription Fee for that Subscription Period is zero.
5. If the User Web Traffic in any Subscription Period exceeds the maximum number of visits described in the Pricing Plan, the Subscription Fee for the next Subscription Fee will be the highest tier described in the Pricing Plan, but Plug in SEO will notify User and attempt to negotiate in good faith an appropriate price plan for the User and their level of User Web Traffic. Nothing in this agreement shall require either Plug in SEO or User to agree a subsequent agreement, and if such an agreement cannot be reached Plug in SEO reserves the right to terminate this agreement.
6. If the User does not select an analytics package to measure User Web Traffic, or does not install the Analytics Tracking Code into the User Website, Plug in SEO will charge a Subscription Fee as described in the Pricing Plan.
7. In the event that the User Web Traffic information obtained through the Analytics Tracking Code does not, in Plug in SEO’s sole judgement, represent a realistic measurement of the User Web Traffic, Plug in SEO may assess the User Web Traffic through alternative means, and adjust the User’s Subscription Fee to the appropriate tier described in the Pricing Plan accordingly. Plug in SEO will inform the User by email with a minimum of 3 days notice before charging a Subscription Fee at a level that differs from that derived from the Analytics Tracking Code.
8. In the event of any dispute, Plug in SEO’s assessment of the User Web Traffic will prevail.
9. Plug in SEO will not inform the User in advance of changes in price due to fluctuations in User Web Traffic which lead to the User being charged a Subscription Fee at a different tier as described in the Pricing Plan.
10. Plug in SEO reserves the right to change the Pricing Plan from time to time and any such changes may affect Users’ subscription rates. Plug in SEO will inform the User by email at least 7 days in advance of any changes to the Pricing Plan.
11. If a User terminates their subscription or Account they will continue to have access to the Services for the remainder of the prevailing Subscription Period up until the renewal date whereupon access will cease unless the User chooses to pay the Subscription Fee to reactivate their subscription. The User is not entitled to any refund for the remainder of the prevailing Subscription Period.
12. If you have subscribed in error, you can cancel at any time during the first Subscription Period and you will not be charged. If you cancel at any other time you will not be entitled to any refund of Subscription Fees already paid.

7. Use of Services

1. Users are permitted to use the Services only in accordance with:
   1. these Terms of Use; and
   2. any relevant law, regulation or other applicable instrument in their particular jurisdiction.
2. Subject to any express agreement to the contrary, Users may only access the Services through the normal means provided by Plug in SEO. Users shall not attempt to download, convert or otherwise reverse-engineer any part of the Services.
3. Users may not engage in any conduct that may disrupt provision of the Services by Plug in SEO.
4. Subject to any express agreement to the contrary, Users may not reproduce, copy, duplicate, trade or resell the Services.
5. Users’ rights to use the Services are non-exclusive, non-transferrable and fully revocable at Plug in SEO’s discretion.

8. Intellectual Property

1. All content included on the Website, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software, and any suggestions, ideas, enhancement requests, feedback or other information provided by you is the property of Plug in SEO, our affiliates or other relevant third parties. By accepting these Terms of Use the User acknowledges that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2. Users may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Plug in SEO.

9. User Submissions

1. By providing your Submission you are granting to Plug in SEO, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of our business, and you warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to provide the Submission and to grant the license described in sub-Clause 9.3.
2. Plug in SEO accepts no responsibility or liability for any infringement of third party rights by such Submission.
3. By accepting these Terms of Use, the User grants a non-exclusive, worldwide, perpetual licence to Plug in SEO to copy, distribute, transmit and reformat all Submissions for the purpose of providing the Services.

10. Fair Use of Intellectual Property

Content may be copied, transmitted, performed, adapted or otherwise re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or other relevant legislation apply.

11. Links to Other Websites

This Website may provide links to other websites as part of the Services. Unless expressly stated, such websites are not under the control of Plug in SEO or that of our affiliates. Plug in SEO assumes no responsibility for the content of the websites and disclaims liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another website on this Website does not imply any endorsement of that website or of those in control of it.

12. Privacy

Use of the Website and the Services is also governed by Plug in SEO’s Privacy Policy at http://www.pluginseo.com/privacy.htm which is incorporated into these Terms of Use by this reference.

13. Disclaimer of Warranties

1. Plug in SEO makes no warranty or representation that the Website or the Services will meet Users’ requirements, that they will be of satisfactory quality, that they will be fit for a particular purpose, that they will not infringe the rights of third parties, that they will be compatible with all systems, or that they will be secure.
2. Plug in SEO shall use its best and reasonable endeavours to ensure that all information provided on the Website and the Services is accurate and up to date, however Plug in SEO makes no warranty or representation that this will always be the case. Plug in SEO makes no guarantee of any specific results from the use of the Website or the Services.
3. Plug in SEO makes no representation or warranty that the Website or the Services or any Content therein constitutes accurate data and / or advice on which business decisions can be based.
4. Whilst every effort has been made to ensure that all descriptions of Services available from Plug in SEO correspond to the actual services available, Plug in SEO is not responsible for any variations from these descriptions.

14. Availability of the Website and the Services

1. The Website and the Services are provided “as is” and on an “as available” basis. Plug in SEO gives no warranty that the Website or the Services will be free of defects and / or faults. To the maximum extent permitted by law Plug in SEO provides no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
2. Plug in SEO accepts no liability for any disruption or non-availability of the Website or the Services resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

15. Limitation of Liability

Plug in SEO’s liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of our breach of these Terms of Use shall be limited to the value of the User’s subscription prevailing at the relevant time. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website, the Services or any information contained therein, to the maximum extent permitted by law, Plug in SEO accepts no liability. Users should be aware that they use the Website, the Services and all relevant Content at their own risk.

16. Term and Termination

1. The term of the Agreement shall commence upon the User’s acceptance of these Terms of Use and shall continue until terminated either by the User or by Plug in SEO in accordance with this Clause 16.
2. If a User wishes to terminate the Agreement they may do so by:
   1. Closing their Account; or
   2. Informing Plug in SEO in writing that they wish to terminate this Agreement.
3. Plug in SEO reserves the right to terminate the Agreement, a User’s Account and a User’s access to the Services at any time for the following reasons:
   1. The User has committed a material breach of these Terms of Use, unless such breach is capable of remedy, in which case the right to terminate immediately will be exercisable if the User fails to remedy the breach within 14 days after a written notice to do so;
   2. The User has indicated, expressly or impliedly, that they do not intend to or are unable to comply with these Terms of Use;
   3. Plug in SEO is required to do so by law;
   4. It has become, in the opinion of Plug in SEO, its affiliates or advisers, no longer commercially viable to continue providing the Services;
   5. Plug in SEO is no longer providing the Services in the User’s country of residence;
4. Plug in SEO reserves the right to terminate the Agreement with 30 days notice if the User’s Web Traffic exceeds the highest level described in the Pricing Plan. If the User’s Web Traffic exceeds the highest level described in the Pricing Plan, Plug in SEO will notify the User within 14 days and will attempt to enter into negotiations in good faith with the User in order to agree a Subscription Fee appropriate to the User’s Web Traffic level.
5. If Plug in SEO terminates a User’s Account as a result of the User’s breach of these Terms of Use the User will not be entitled to any refund.
6. If Plug in SEO terminates a User’s Account or subscription for any other reason during a Subscription Period, the User will be refunded any remaining balance of their Subscription Fee. Such a refund will be calculated based upon the fee being divided by the number of days in the applicable Subscription Period and multiplied by the number of days remaining until the end of the Subscription Period.
7. In the event that Plug in SEO terminates a User’s Account or subscription, the User will cease to have access to the Services from the date of termination.
8. If the User terminates their Account or subscription, they will continue to have access to the Services for the remainder of the prevailing Subscription Period, termination becoming effective at the end of that Subscription Period.
9. In the event that the Agreement is terminated, the User’s Account will be closed and their access to the Services suspended. Any Submissions that the User has submitted or created will become inaccessible to all Users from the date on which the Services become inaccessible, however copies may be retained by Plug in SEO unless explicitly requested by User.
10. Upon termination of the Agreement, the User shall cease to be bound by all obligations set out in these Terms of Use with the exception of those expressly stated to survive the termination of the Agreement.

17. No Waiver

In the event that either the User or Plug in SEO fails to exercise any right or remedy contained in these Terms of Use, this shall not be construed as a waiver of that right or remedy.

18. Assignment

Users may not assign, transfer, sub-contract, or in any other manner make over to any third party the benefit and/or burden of this Agreement without the prior written consent of Plug in SEO, such consent not to be unreasonably withheld.

19. Severance

Whilst every effort has been made to ensure that these Terms of Use adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms of Use and shall not affect the validity and enforceability of the remaining Terms of Use. This term shall apply only within jurisdictions where a particular term is illegal.

20. Entire Agreement

These Terms of Use embody and set forth the entire Agreement and understanding between the Parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of the Agreement. Neither the User nor Plug in SEO shall be entitled to rely on any agreement, understanding or arrangement not expressly set forth in these Terms of Use, save for any representation made fraudulently.

21. Notices and contact information

All notices / communications shall be sent to and by Plug in SEO either by post to our premises (14 Holme Close, Cheshunt, Hertfordshire, EN8 8ST, United Kingdom) or by email to hello@pluginseo.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday. Enquiries about payment-related issues should be made

• by email to paypal@pluginseo.com
• by post to Payment Enquiries, Plug in SEO Ltd, 14 Holme Close, Cheshunt, Hertfordshire, EN8 8ST, United Kingdom
• by telephone to +44 7809 584 742 between the hours of 10am and 4pm, UK time, Monday to Friday

22. Law and Jurisdiction

1. These Terms of Use, the Agreement and all other aspects of the relationship between the User and Plug in SEO shall be governed by and construed in accordance with the Laws of England and Wales.
2. Any dispute between the User and Plug in SEO relating to these Terms of Use, the Agreement and all other aspects of the relationship shall fall within the exclusive jurisdiction of the courts of England and Wales.