SEO Terms and conditions

Terms of Agreement for SEO Design Company

These terms of agreement (“Agreement”) set forth the legally binding terms and conditions for the SEO services (“Services”) provided by Kauai Online Marketing LLC, doing business as “Flycer AI” (“Company”) to the client (“Client”). By using the Services, the Client agrees to be bound by the terms of this Agreement. These terms of agreement are effective as of 2/6/2023, and apply to all SEO services (“Services”) provided by (“Company”) to the client (“Client”)

  1. Services. The Company will provide the Client with the following services: search engine optimization services for the Client’s website. The specific details of the services to be provided are described in the proposal attached hereto as Exhibit A.
  1. Term. The term of this Agreement will commence on the date of acceptance and will continue until completion of the services described in Exhibit A, or until terminated by either party upon thirty (30) days written notice.
  1. Payment. The Client will pay the Company the fees set forth in Exhibit A for the services provided hereunder, before the services are rendered. Payments will be due and payable within thirty (30) days of the date of the Company’s invoice. In the event the Client fails to make any payment when due, the Company may, at its option, terminate this Agreement immediately upon written notice to the Client.
  1. Confidential Information. The Client acknowledges that the Company may disclose to the Client certain confidential information relating to the Company’s business, including, but not limited to, trade secrets, proprietary information, and other confidential information. The Client agrees to hold all such confidential information in strict confidence and not to disclose any such confidential information to any third party.
  1. Representations and Warranties. The Client represents and warrants to the Company that (a) the Client has the full right and power to enter into this Agreement and to perform its obligations hereunder, and (b) the services provided by the Company hereunder will not infringe the proprietary rights of any third party.
  1. Disclaimer of Warranties. The Company makes no warranties, express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose, with respect to the services provided hereunder. The Company does not warrant that the services provided hereunder will result in any specific increase in the Client’s search engine rankings, as we are not the legal owners of the search engines.
  1. Limitation of Liability. In no event shall the Company be liable to the Client for any special, incidental, indirect, or consequential damages, whether or not the possibility of such damages was disclosed to the Company in advance or could have been reasonably foreseen by the Company.
  1. Indemnification. The Client shall indemnify and hold the Company harmless from and against any and all claims, losses, damages, and expenses (including reasonable attorney’s fees) arising out of or in connection with the Client’s breach of this Agreement or the services provided hereunder.
  1. Termination. Either party may terminate this Agreement at any time upon thirty (30) days written notice to the other party. Upon termination, the Client shall pay the Company for all services rendered through the date of termination.
  1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii, US without reference to its choice of law rules.
  1. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements between the parties, whether written or oral, relating to the subject matter of this Agreement.
  1. Amendment. This Agreement may be amended or modified only by a writing executed by both parties.
  1. Assignment. The Client shall not assign its rights or delegate its duties under this Agreement without the prior written consent of the Company. Any attempted assignment or delegation without such consent will be null and void. The Company may assign its rights and delegate its duties under this Agreement without the prior written consent of the Client.
  1. Dispute Resolution: Any disputes arising from or related to this Agreement shall be resolved through arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Kauai County, Hawaii.
  1. Waiver. The failure of either party to enforce any of the provisions of this Agreement shall not be construed as a waiver of the right of such party thereafter to enforce each and every such provision.
  1. Severability. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
  1. Notice. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been given (a) upon delivery, if delivered by hand, (b) upon receipt, if sent by confirmed facsimile or email, (c) upon receipt, if sent by registered or certified mail, return receipt requested, or (d) one (1) day after being sent by express courier, with written verification of receipt.
  1. Acceptance. The Client accepts these terms of agreement when the first invoice is paid.
  1. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument.

This Terms of Agreement shall be publicly posted on the Flycer AI’s website and shall be binding on the Client when a proposal is accepted. No signature is required for this agreement to be valid and enforceable. The Client acknowledges and agrees that their acceptance of the proposal and payment of the first invoice constitutes their acceptance of these Terms of Agreement.

Flycer AI
Eleele, HI 96705
808 631-6258