All payments made to Cyber Palm Tree LP are non-refundable.
All SEO services provided by Cyber Palm Tree LP are subject to a minimum commitment period of six (6) months.
For the purposes of these Terms of Service (hereinafter the "Terms"), "you" and "your" shall mean an individual or a legal entity, including its directors, officers, employees, agents, representatives, and any other parties for whom it is legally responsible, that accesses or uses a Service and is thereby bound by these Terms. "Cyber Palm Tree" shall refer to Cyber Palm Tree LP. The term "Service" refers to any product or service subscribed to or otherwise utilized by you and provided by Cyber Palm Tree; "Services" shall mean more than one such product or service. "Website" refers to www.cyberpalmtree.com and all relevant subdomains and/or any other website owned or controlled by Cyber Palm Tree. "Service Package" refers to any service plan or bundle of Services made available via the Website to which you subscribe.
Cyber Palm Tree provides the Services subject to these Terms. By completing the registration process on the Website, subscribing to a Service Package, accessing the Website, or using any of the Services, you expressly acknowledge and agree that you have read, understood, and consent to be bound by these Terms. If you do not accept any part of these Terms, you must immediately discontinue use of the Website and all Services.
If you are using the Services on behalf of another person, business, or legal entity, you represent and warrant that you are duly authorized to accept these Terms on that party’s behalf, and you and such third party shall be jointly and severally liable to indemnify and hold harmless Cyber Palm Tree and its officers, directors, employees, agents, and affiliates ("Cyber Palm Tree Group") from and against all claims, demands, judgments, liabilities, damages, losses, costs, and expenses ("Losses") arising from any breach by you of these Terms.
Cyber Palm Tree reserves the right to amend, revise, or update these Terms at any time without prior notice. Any such changes shall be effective immediately upon posting to the Website. It is your responsibility to periodically review the Terms posted on the Website. Continued use of the Services after such amendments shall constitute your agreement to be bound by the modified Terms.
You agree to provide current, complete, and accurate information as requested during the registration process, to maintain the confidentiality and security of your password and account information, and to accept all risks of unauthorized access. Cyber Palm Tree makes no representations or warranties that any transmission of data will not be intercepted unlawfully. You hereby agree to indemnify and hold harmless Cyber Palm Tree Group from any Losses resulting from the content, security, or management of your account.
Subject to these Terms and any applicable laws, regulations, or orders, Cyber Palm Tree hereby grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services solely in accordance with the terms of your subscribed Service Package. The license is valid only during the active subscription period, contingent on the timely payment of all applicable Subscription Fees.
Cyber Palm Tree acknowledges your ownership of the data contained in any reports generated through the Services. You grant Cyber Palm Tree the right to utilize anonymized versions of such data for the purposes of performance benchmarking, statistical analysis, market research, case studies, product development, and related business activities.
You may, during the term of your subscription:
You may not use the Services for any illegal, fraudulent, immoral, or prohibited purpose or in a manner that disrupts or interferes with the use of the Services by other clients.
Cyber Palm Tree reserves the right to suspend or terminate your access to the Services immediately upon breach of these Terms. Cyber Palm Tree may also inspect your account and usage from time to time to ensure compliance.
Cyber Palm Tree makes no representations or warranties with respect to the performance or results obtained through the use of the Services.
All pricing and payment terms, including billing frequency, are stated on the applicable Service Package page of the Website. By subscribing to any Service, you agree to pay all fees and charges (“Subscription Fees”) associated with your selected Service Package, including any applicable taxes.
All payments are processed via a secure third-party payment processor (e.g., Stripe). You agree to:(a) remain solely responsible for all payments;(b) safeguard your payment credentials; and(c) provide current and accurate billing information to ensure uninterrupted service.
Cyber Palm Tree assumes no liability for any failure by third-party processors. You must resolve all such issues directly with your payment provider. You remain liable for any outstanding amounts due until full payment is received.
Subscription Fees are payable in advance and will be automatically charged to your selected payment method on the renewal date of your billing cycle. All invoices and receipts will be delivered electronically.
Your Service Package will automatically renew for successive terms equal in duration to the initial term (“Renewal Term”), unless cancelled in writing at least three (3) business days before the renewal date. If payment fails, you will have fifteen (15) calendar days to update your payment information. Failure to do so entitles Cyber Palm Tree to suspend or terminate Services without further notice.
Except as otherwise provided in writing, all payments are final and non-refundable.
Cyber Palm Tree agrees not to disclose any Service reports or client-related data to third parties without your prior written consent, except:
(a) where required to do so by law, regulation, or court order, in which case Cyber Palm Tree will provide notice where reasonably possible;
(b) where disclosure is required to fulfill Cyber Palm Tree’s obligations under these Terms.
You agree that Cyber Palm Tree may publicly reference your name, business name, and logo (if applicable) in its marketing materials and promotional portfolio. You further agree that Cyber Palm Tree may include a credit link in the footer of your website identifying it as the service provider.
Cyber Palm Tree’s Privacy Policy, available on the Website, is incorporated into these Terms by reference.
EXCEPT AS EXPRESSLY SET OUT HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, CYBER PALM TREE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.
CYBER PALM TREE MAKES NO GUARANTEE THAT:
(a) THE SERVICES WILL MEET YOUR REQUIREMENTS;
(b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE;
(c) THE RESULTS WILL BE ACCURATE OR RELIABLE; OR
(d) ANY ISSUES WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS. IN SUCH CASES, THOSE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CYBER PALM TREE OR ITS OFFICERS, PARTNERS, AGENTS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR PERSONAL INJURY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, CYBER PALM TREE’S MAXIMUM LIABILITY FOR ANY CLAIM OR SERIES OF CLAIMS SHALL BE LIMITED TO THE AMOUNT OF TWO HUNDRED CANADIAN DOLLARS (CAD $200).
IF NO FEES HAVE BEEN PAID TO CYBER PALM TREE, YOU AGREE THAT YOU SHALL BE ENTITLED ONLY TO EQUITABLE RELIEF, AND NOT TO MONETARY DAMAGES.
Cyber Palm Tree may terminate this Agreement immediately upon written notice in the event of any breach or for any reason it deems necessary. You may terminate these Terms by giving thirty (30) days' written notice and settling all outstanding fees within seven (7) days.
Upon termination:
These Terms are governed by the laws of the Province of Ontario, Canada. Any disputes shall be heard exclusively in the courts of Toronto, Ontario, and you irrevocably consent to such jurisdiction.
Cyber Palm Tree shall not be liable for failure or delay in performance due to causes beyond its control, including but not limited to natural disasters, acts of war, labor disputes, or failures of third-party service providers.
These Terms constitute the entire agreement between the parties. If any provision is found unenforceable, it shall be modified to reflect the parties’ original intent, and the remaining provisions shall remain in full force and effect.
You may not assign these Terms without Cyber Palm Tree’s prior written consent.
All monetary references are in Canadian Dollars (CAD). Cyber Palm Tree and you are independent contractors. These Terms shall bind each party’s successors and permitted assigns.
Cyber Palm Tree may engage third parties to provide Services under these Terms and shall remain responsible for their performance.
All notices under these Terms shall be sent via email to the address on file and shall be deemed received on the date sent.
Any provisions concerning payment obligations, confidentiality, and indemnification shall survive termination of these Terms.