Terms of Service for SEO Freelance Services
These Terms of Service (“Agreement”) are entered into between:
Sam Park SEO (“SEO Freelancer,” “we,” “us,” or “our”) [Your Address] [Your Email] [Your Website]
AND
Anyone who agrees to undertake agreed work that is to be paid for.
1. Services Provided
The SEO Freelancer agrees to provide search engine optimization (SEO) services to the Client as detailed in a separate Statement of Work (SOW), proposal, or service agreement (“Service Proposal”). The Service Proposal will specify the scope of work, deliverables, timelines, and specific objectives. Services may include, but are not limited to:
- Keyword research and analysis
- On-page optimization (e.g., meta tags, content optimization)
- Technical SEO audits and recommendations
- Content strategy recommendations
- Link building strategies and execution
- SEO reporting and analytics
- [Add or remove specific services you offer]
2. Client Responsibilities
The Client agrees to:
- Provide access to website analytics (e.g., Google Analytics, Google Search Console), website backend (e.g., CMS login), and hosting accounts as required for the provision of services and any other required tools agreed in the SOW.
- Provide timely feedback, approvals, and content required for the services.
- Ensure that any changes made to the website by the Client or other third parties do not conflict with the SEO Freelancer’s recommendations.
- Understand that SEO results are not guaranteed and can take time to manifest.
3. Payment Terms
- Fees: Fees for services will be as outlined in the Service Proposal.
- Invoicing: Invoices will be issued monthly
- Payment Due Date: Payments are due within 30 days of the invoice date.
- Late Payments: A late fee of 5% per month may be applied to overdue balances. Services may be suspended or terminated for consistent late payments.
- Payment Method: Payments can be made via bank tranfer
- Refunds: Refunds will be considered on a case-by-case basis at the sole discretion of the SEO Freelancer due to extenuating circumstances. Refunds will always be given if the SEO Freelancer is unable to complete the work agreed in the SOW
4. Term and Termination
- Term: This Agreement will commence on the Effective Date and continue until the completion of the services outlined in the Service Proposal, or until terminated earlier as provided herein. For ongoing retainers, the term will be 1 full calendar month from the date of notice.
- Termination by Client: The Client may terminate this Agreement by providing 30 days written notice. The Client will be responsible for payment for all services rendered up to the date of termination.
- Termination by SEO Freelancer: The SEO Freelancer may terminate this Agreement by providing 30 days written notice, or immediately without notice if the Client breaches any material term of this Agreement (e.g., non-payment, refusal to provide necessary access/information).
- Survival: Sections relating to payment, confidentiality, intellectual property, disclaimers, limitation of liability, indemnification, and governing law shall survive any termination of this Agreement.
5. Confidentiality
Both parties agree to keep confidential all non-public information received from the other party in connection with this Agreement. This includes, but is not limited to, business plans, financial information, client data, and proprietary methodologies. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.
6. Intellectual Property
- Client Content: The Client retains all intellectual property rights to their website content, branding, and proprietary information.
- SEO Freelancer Work Product: Upon full payment for services, the Client will own the intellectual property rights to custom deliverables specifically created for the Client under this Agreement (e.g., unique content, reports). The SEO Freelancer retains the right to use general knowledge, experience, and tools developed during the course of performing services for other clients.
7. Disclaimer of Guarantees
The SEO Freelancer will use best practices and industry knowledge to provide the services. However, due to the dynamic nature of search engine algorithms, competition, and other external factors, the SEO Freelancer does not guarantee specific rankings, traffic levels, conversions, or sales. SEO is an ongoing process, and results can fluctuate.
8. Limitation of Liability
To the maximum extent permitted by law, in no event shall the SEO Freelancer be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
In no event shall the total liability of the SEO Freelancer to the Client for all damages, losses, and causes of action exceed the total amount paid by the Client to the SEO Freelancer for the services preceding the event giving rise to the liability.
9. Indemnification
The Client agrees to indemnify, defend, and hold harmless the SEO Freelancer and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from (i) your breach of this Agreement; (ii) your use of the services; (iii) your violation of any third-party right, including without limitation any intellectual property or privacy right; or (iv) any dispute or issue between you and any third party.
10. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom of Great Britain and Northern Ireland
Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be settled by the relevant courts in the United Kingdom of Great Britain and Northern Ireland.
11. Miscellaneous
- Entire Agreement: This Agreement, together with any Service Proposal, constitutes the entire agreement between the Client and the SEO Freelancer.
- Amendments: This Agreement may only be amended in writing and signed by both parties.
- Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
- Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- Independent Contractors: The parties are independent contractors. Nothing in this Agreement shall be construed as creating an employer-employee relationship, partnership, or joint venture.
By proceeding with services from the SEO Freelancer, the Client acknowledges that they have read, understood, and agree to be bound by these Terms of Service.