Lasted Updated: July 2022
These Customer Terms of Service (these “Customer Terms”) are a legal agreement between you and Contentellect Limited (“Contentellect”, “we”, “our”, or “us”) governing your access to and use of the Contentellect’s website (the “Site”) and the online and offline services which Contentellect agrees to provide to you (the “Services”).
You represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving Services under the laws of the United Kingdom or other applicable jurisdictions. To use our Services you must be 18 years or over. In the event that you are agreeing to these Customer Terms on behalf of a third party entity, you represent and warrant that you have sufficient right to bind such third party to these Customer Terms, in which case, all references to “you” in these Customer Terms shall be references to such third party
BY CLICKING [I AGREE], OR BY OTHERWISE ACCESSING THE SITE OR USING ANY OF THE SERVICES YOU AGREE TO BE BOUND BY THESE CUSTOMER TERMS.
In the case of inconsistencies between these Customer Terms and information included in any other materials related to the Site or the Services (e.g. promotional materials), these Customer Terms will always govern and take precedence.
Contentellect provides various SEO and digital marketing services as described on the Site.
Services include (but are not limited to):
- Content writing services for blogs, sales pages, product descriptions and eBooks
- Outreach services like guest posting, link building and Haro ghostwriting
The description of all our services are clearly set out on our sales and checkout pages on the Site.
2. Pricing and Payment.
The fees for the Services are posted on the Site. All prices on the Site are stated in United States Dollars (USD$) only.
Fees are subject to change without notice. You agree to pay Contentellect in advance the applicable fees for the Services provided by Contentellect under these Customer Terms.
Contentellect will bill for all fees using the payment method you’ve selected at checkout. Fees are collected via our payment gateway partners, Stripe or Paypal, and comply with the PCI standards.
Contentellect is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Contentellect. Each charge will be considered valid unless disputed by you in writing within 30 days after the billing date. No adjustments will be made for disputed charges made more than 30 days after the billing date.
All fees will be paid in United States Dollars (USD$) and are due as set forth on the Site. Contentellect’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties.
You understand and agree that Services provided as a Subscription may renew on a periodic basis (i.e. monthly, annually, etc.), and Contentellect may charge you for each such renewal without notice unless you terminate your Subscription as provided in these Customer Terms.
If for whatever reason you’re unhappy with our Services, we will issue a refund on condition that we receive notification of the refund request within 14 working days from the Service being delivered.
4. Subscription Cancellation.
Some of Contentellect’s Services can be purchased on a subscription basis. You can cancel your subscription with us at anytime by providing written notification.
There is no minimum notification period for cancelling a subscription Service. Upon cancellation the part of the Service due for the rest of the subscription cycle will be delivered by us. The subscription will then terminate at the end of that given subscription cycle.
5. Deliverables and Copyright.
When working with Contentellect, Customers may be entitled to receive articles, blog posts, or other creative content (collectively the “Deliverables”) upon purchase of our services. Contingent on complete and timely payment, Contentellect shall assign to the Customer all right, title, and ownership interest to any Deliverables purchased by a Customer. Where Customer has failed to pay for any Deliverable in a timely manner, Contentellect reserves the right to withhold or demand the return of any Deliverables from a Customer.
Contentellect respects your privacy.
7. Indemnity; Limitation of Liability.
You agree to indemnify, and hold Contentellect, its officers, directors, and employees harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (a) your access to or use of the Site or Services; (b) your violation of these Customer Terms; (c) your violation of any third party right, including without limitation any intellectual property right or any publicity, confidentiality, property or privacy right; or (d) any claim that your use of the Site or Services caused damage to you or a third party.
You acknowledge that your access to and use of the Site or Services and any reliance upon either is at your sole risk. You agree that, to the fullest extent permitted by applicable law, under no circumstances shall Contentellect be liable for any indirect, incidental, special or consequential damages, including, but not limited to, damages for loss of profits, use, images, data or other intangibles, even if Contentellect has been advised of the possibility of such damages, that result from the use or the inability to use the Site or the Services, from any changes to the Site or the Services or from unauthorised access to or alteration of your transmissions or content.
You specifically acknowledge that down-time and computer viruses are risks inherent in the use of the internet and software products, and you agree to assume responsibility for any harm or damages of any kind or character whatsoever resulting from these possible harms. You also specifically acknowledge that you may be disclosing sensitive, private and confidential information about yourself or your organisation in your use of the Site and the Services and you agree to assume responsibility for any harm or damages of any kind or character whatsoever resulting from your release of such content.
If you are dissatisfied with the Site or the Services or with any of these Customer Terms, or feel Contentellect has breached these Customer Terms, your sole and exclusive remedy is to discontinue using the Site and the Services. The total liability of Contentellect to you for any claim arising from or relating to these Customer Terms or use of the Site or the Services shall not exceed the amount paid by you for the services during the 6 months preceding the event giving rise to the liability. It is the intention of you and Contentellect that this provision be construed as being the broadest limitation of liability consistent with applicable law.
Some jurisdictions do not allow the limitation or exclusion of incidental, consequential or other types of damages, so some of the above limitations may not apply to you.
Contentellect may modify these Customer Terms at any time. Modifications become effective immediately upon the first to occur of: (a) your first access to or use of the Site or Services after the “Last Updated” date at the top of these Customer Terms, (b) the first renewal of your Subscription following delivery of notice of the change to your email address on file with Contentellect. Your continued access to or use of the Site or Services, or the renewal of your subscription, after the modifications have become effective will be deemed your conclusive acceptance of the modified Customer Terms. If you do not agree with the modifications, do not access or use the Site or Services.
9. Applicable Law and Dispute Resolution.
These Customer Terms shall be governed by the laws of England and Wales without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction.
If you believe that Contentellect has not adhered to these Customer Terms, please contact us by email at firstname.lastname@example.org. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
If you and Contentellect are unable to reach a resolution to the dispute, you and Contentellect will settle the dispute exclusively under the rules of the laws of England and Wales.
Any election to arbitrate by 1 party will be final and binding on the other. You understand that if either party elects to arbitrate, neither party will have the right to sue in court or have a jury trial. You and Contentellect agree that any arbitration will be limited to the dispute between Contentellect and you individually. You acknowledge and agree that you and Contentellect are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding.
Further, unless both you and Contentellect otherwise agree in writing, an arbitrator may not consolidate more than 1 person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Services or these Customer Terms must be brought, if at all, within 1 year from the accrual of the claim or cause of action or be forever barred.
10. No Resale of Services.
Except as expressly permitted in these Terms, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site or use of the Services.
11. Independent Contractors.
No joint venture, partnership, employment, or agency relationship exists between you and Contentellect as a result of these Customer Terms or use of the Site or the Services.
If any legal action is brought to enforce these Customer Terms, the prevailing party will be entitled to reimbursement of its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive from the other party; provided, however, that such recovery is to be proportional to the amount of claims on which the party actually prevailed in relation to the total amount of claims alleged, pursued, or brought by that party.
13. Force Majeure.
Contentellect will not be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond Contentellect’s reasonable control.
The failure of Contentellect to enforce any right or provision in these Customer Terms will not constitute a waiver of such right or provision unless acknowledged and agreed by Contentellect in writing.
Any questions, comments or suggestions, including any report of violation of these Customer Terms should be provided to the Administrator as follows:
By email: email@example.com
16. Entire Agreement.
These Customer Terms constitute the entire agreement between you and Contentellect and govern your use of the Site and the Services, superseding any prior agreements between you and Contentellect. The failure of Contentellect to exercise or enforce any right or provision of these Customer Terms shall not constitute a waiver of such right or provision. If any provision of these Customer Terms is found by a court of competent jurisdiction to be invalid, you and Contentellect nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Customer Terms shall remain in full force and effect.