RankTrackr User Agreement and Terms of Service
RankTrackr (Kundi d.o.o.) provides this User Agreement (the “Agreement”) which is a contract between you (the “User”) and Kundi d.o.o., a Slovenian corporation with its place of business at Gmajna 42a, 2380 Slovenj Gradec, Slovenia. You must read, agree with and accept all of the terms and conditions contained in this Agreement in order to use our website located at RankTrackr.com (the “Site”) and related services (collectively, the “RankTrackr Platform”). BY CHECKING THE BOX AND CLICKING THE “SUBMIT” BUTTON, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE RANKTRACKR PLATFORM. IF YOU AGREE TO THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT.
The Platform
Purpose of the RankTrackr Platform
The RankTrackr Platform enables Users to monitor and analyse keyword and site rankings on different search engines.
Eligibility
The RankTrackr Platform is available only to legal entities and persons who are at least eighteen years old and are otherwise capable of forming legally binding contracts under applicable law.
Compliance
User shall not violate any laws or third party rights on or related to the RankTrackr Platform. User agrees to comply with all applicable import and export control laws and third parties’ Proprietary Rights.
Acknowledgements by User of RankTrackr’s Role
Service Contracts
Proprietary Rights RankTrackr and its licensors reserve all Proprietary Rights in and to the RankTrackr Platform. User may only use the RankTrackr Platform for the purposes of discharging its obligations under this Agreement and any Service Contract entered into pursuant to this Agreement and on the terms set out in the License Agreement. RankTrackr reserves the right to change the RankTrackr Platform at any time in RankTrackr’s sole discretion. User shall not be entitled to create any “links” to the RankTrackr Platform, or “frame” or “mirror” any content contained on the RankTrackr Platform, on any other server or internet-based device.
Non-refundable
All RankTrackr Fees are non-refundable. This applies whether or not Service was satisfactorily completed.
RankTrackr Policies
Identity and Account Security
RankTrackr is not responsible for ensuring and maintaining the secrecy and security of the User’s RankTrackr account password. The User is solely responsible for this. User agrees not to disclose this password to any third party and shall be solely responsible for any use of or action taken through the use of such password on RankTrackr. You must notify RankTrackr Support immediately if you suspect that your password has been lost or stolen.
Payment accounts
When a user registers at the Site, he pays RankTrackr the service fee by creating the subscription.
Enforcement of User Agreement and Policies
RankTrackr has the right, but not the obligation, to suspend or cancel your access to the RankTrackr Platform if it believes that you have violated or acted inconsistently with this Agreement or violated our rights or those of another party. Without limiting RankTrackr’s other remedies, we may suspend or terminate your account and refuse to provide any further access to the RankTrackr Platform to you if: you breach any terms and conditions of this Agreement or other written policies and procedures posted on the Site; we are unable to verify or authenticate any information you provide to us; or we believe that your actions may cause legal liability for you, our Users or for RankTrackr. Once suspended or terminated, you MAY NOT continue to use the RankTrackr Platform under a different account or reregister under a new account. In addition, violations of this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
Termination of a Service Contract
The User may terminate at any time but may not recover any payments made to RankTrackr unless mutually agreed upon.
Entire Agreement
The terms and conditions of the Agreement shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them.
Fees and Payments
Formal Invoices and Taxes
RankTrackr has no responsibility for determining the necessity of or for issuing any formal invoices, or for determining, remitting, or withholding any taxes applicable to the Payment Fees.
Term and Termination
Term
The term of this Agreement commences on the Effective Date and continues in effect until terminated.
Termination
Either party may terminate this Agreement at any time, with or without cause, effective immediately upon written notice to the other party provided that any such termination for convenience shall not affect the validity of any Service Contracts that have been executed prior to termination and this Agreement shall continue to apply with respect to such Service Contracts.
Cancellation policy
The user can cancel the service anytime directly from the subscribed Paypal account or from registered RankTrackr account (in case Paypal isn't used as a payment service).
Consequences of Termination
Termination will not relieve Client of the requirement to pay for time spent and expenses incurred prior to the effective date of the termination, which fees and expenses, together with any applicable taxes, shall be invoiced to the Client following termination, and charged to Client’s credit card or other form of payment.
Money back guarantee & refund policy
We do not generally refund cancelled contracts. For example, if Your contract is monthly and You request a refund after two days, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, or overage charges. In case of AUP violations, any and all refunds are forfeit.
Warranty Disclaimer
RANKTRACKR MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SERVICES, WORK PRODUCT, RANKTRACKR PLATFORM OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RANKTRACKR DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
IN NO EVENT WILL RANKTRACKR BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR INDIRECT COSTS OR LITIGATION COSTS, DAMAGES, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION OR PROFIT. THESE LIMITATIONS SHALL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
GENERAL
Entire Agreement This Agreement supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between them. Side Agreements. Clients and Contractors may enter into any supplemental or other written agreement that they find appropriate. The terms and conditions of this Agreement, however, will govern and supersede any term or condition in a side agreement that purports to expand RankTrackr’s obligations or restrict RankTrackr’s rights under this Agreement. Notices: Consent to Electronic Notice
You consent to the use of:
electronic means to complete this Agreement and to deliver any notices pursuant to this Agreement; and electronic records to store information related to this Agreement or your use of the RankTrackr Platform. Notices hereunder shall be invalid unless made in writing and given: by RankTrackr via email (in each case to the address that you provide), a posting on the RankTrackr Site or by you via email to info@ranktrackr.com or to such other addresses as RankTrackr may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted. Changes and modifications RankTrackr may at any time and without notice make changes to its Privacy Policy with future effect. Your continued use of the RankTrackr Platform after the effective date of a revised version of this Agreement constitutes your acceptance of its terms. No modification or amendment to this Agreement shall be binding upon RankTrackr unless an authorized representative of RankTrackr consents this in writhing (written instrument shall expressly exclude electronic communications such as email and electronic notices but shall include facsimiles).
No Waiver of rights
The failure or delay of either party to exercise or enforce any right or claim in this Agreement does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative of each party.
Assignability
User may not assign this Agreement, or any of its rights or obligations hereunder, without RankTrackr’s prior written consent in the form of a written instrument signed by a duly authorized representative of RankTrackr (in this case a written instrument shall expressly exclude electronic communications such as email and electronic notices but shall include facsimiles). RankTrackr may freely assign this Agreement without consent of User. Any attempted assignment or transfer in violation of this Section will be null and void.
Severability
If any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability, and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction shall not in any way affect the legality, validity, or enforceability of such provision in other jurisdictions or of any other provision in any jurisdiction.
Choice of Law
Any disputes involving RankTrackr arising out of or relating to this Agreement are subject to Slovenian law and the Ljubljana City Court has exclusive jurisdiction to determine any such dispute.
Informal Dispute Resolution
RankTrackr and User hereby agree that any Claims shall first be settled through the RankTrackr dispute resolution program. In case of any disputes please contact us at info@ranktrackr.com to initiate the dispute resolution program.
Prevailing Language
The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.
DEFINITIONS
“Client” means any User utilizing the RankTrackr Platform to request Services to be performed by RankTrackr. From time to time, RankTrackr may act as a Client, and the terms and conditions of this Agreement applicable to Clients will apply to RankTrackr when acting in this way. “Confidential Information” means Client Deliverables, Work Product, and any other information provided to, or created, regardless of whether in tangible, electronic, graphic, verbal, visual or other form. Confidential Information does not include material or information that: (a) is generally known by third parties as a result of no act or omission of Client; (b) subsequent to disclosure hereunder, was lawfully received without restriction on disclosure from a third party having the right to disseminate the information; (c) was already known by User prior to receiving it from the other party and was not received from a third party in breach of that third party’s obligations of confidentiality; or (d) was independently developed by User without use of Confidential Information. “Contract” means a particular project or set of ongoing tasks for which a Client has requested Services to be performed by a Contractor and the Contractor has agreed on the RankTrackr Platform. “Effective Date” means the date of acceptance of this Agreement. “License Agreement” means the license agreement between User and RankTrackr relating to use of the RankTrackr Team software. “RankTrackr Team” means the online platform accessed using RankTrackr’s software that enables access to the information provided by RankTrackr. “Proprietary Rights” means any and all rights, title, ownership and interest in and to copyrights, mask works, industrial designs, trademarks, service marks, trade names, trade secrets, patents, and any other rights to intellectual property, recognized in any jurisdiction, whether or not perfected. “Services” means information retrieving, processing or comparing, service providing, web development, software development, writing, translation, administrative, marketing, design customer service, sales, data entry, general business services and other knowledge-based or online services. “Work Product” means any tangible or intangible results or deliverables that Contractor agrees to create for, or actually delivers to, Client as a result of performing the Services on a particular Contract, including, but not limited to, configurations, computer programs or other information, or customized hardware, and any intellectual property developed in connection therewith.