Terms and Conditions
Version: February 1st, 2014
Welcome to the website LinkResearchTools.com - hereafter referred to as "the Service" – which is implemented, operated and hosted by the online marketing company CEMPER.COM ("the Provider"). By registration to the LinkResearchTools.com you ("the Client") agree to be bound by the following Terms and Conditions (this "Agreement") below. If you object to anything in this Agreement, you cannot use the Service. This Agreement may be changed and modified by the Provider at any time and will be effective upon posting on the Website. You agree to any kind of modifications by your use of the Service after such posting. These Terms and Conditions of the Service govern the relationship between you and CEMPER.COM
1. Description of the Service
The Service provides users with access to a comprehensive collection of resources, including by not limited to, search engine optimization tools and link analysis tools.
2. Electronic Agreement
This Agreement is an electronic contract that sets out the legally binding terms of your use of and relationship to the Service. These Terms and Conditions may be changed and modified by the Provider at any time. The modifications will be effective upon posting on the Website of the Service by the Provider. The Client agrees to the modification by further use of the Service.
3. Electronic Form
By accessing the Service you consent to have this Agreement provided to you in electronic form. In order to access and retain this electronic Agreement, the Client must have access to the World Wide Web.
4. Proprietary Rights
The Provider owns and retains all proprietary rights of the Service. The Service contains the copyrighted material, trademarks and other proprietary information of the Provider.
5. No Resale or Redistribution of Service
With this Agreement you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, and create derivative works, or exploit for any commercial purposes, any portion of the Service.
The Provider reserves the right to access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary.
7. Unauthorized Usage
7.1. You must be a human. Accounts must not be registered by "bots" or any other automated methods.
7.2. The software is licensed for one user except the "Enterprise" plan. Clients of the "Enterprise" plan are licensed for 5 active users plus any number of free read-only users ("Client Users"). In order to enforce this policy, the Provider has taken the right to limit the usage per account, except the "Enterprise" plan, to a total of three IP addresses.
8. Age Requirements
The Client must be at least eighteen (18) years of age to use the Service. By using the Service, you warrant and represent that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. As the Service is intended for adults, the Provider will not knowingly collect personal information from children under 13 years of age. If you are a parent or a legal guardian of a child under the age of 13 and believe that a child has submitted personal information to the Service, please contact us at firstname.lastname@example.org.
9. Blocking of IP Addresses
The Provider reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website of the Service. In this way the Provider can ensure the integrity of the Service.
10. Subscriptions, Charges on you Billing Account
You agree to pay the Provider the subscription fee specified on http://www.linkresearchtools.com/products-overview/ during a subscription period.
10.2. Payment Method
A valid Paypal account, a valid credit card or a bank account is required to subscribe to the Service. The payment services of the Provider include PayPal, 2checkout, Heidelpay, etc. For PayPal to bill a subscription type product, a valid credit card is required. None of your billing information is stored on the LinkResearchTools.com servers.
If you choose to pay via Heidelpay, you must note that Heidelpay will reserve the amount for the next cycling period 7 days before actual payment day. If a reservation has already occurred and the client cancels the Service after the reservation, the client has to wait until the reservation automatically has ended or the client claims the resolution of the reservation at his credit card bank. Please note that the duration of the reservation depends on the credit card issuing bank of the end consumer, the automatic resolution of the reservation after termination of the Service may last under some circumstances longer than 7 days.
10.3. Invoiced Subscriptions
Some accounts can be paid for via invoicing with mutual agreement between the parties. There may be extra fees associated with invoiced accounts. If the Company has agreed to enter into an invoicing relationship with you, all invoices must be paid within 15 days. You agree that the Company may charge interest of 1.5% per month for past due accounts and that you are liable for attorneys' fees and reasonable collection costs arising from Company's efforts to collect on past due amounts.
For security reasons, a phone call to the Company is not sufficient to cancel your account or subscription, which you may cancel at any time by selecting the cancel button on your Subscription and Billing page or by contacting our helpdesk in writing. Cancellation does not entitle you to a refund. You will continue to have access to the Site and Service until the end of your subscription term.
10.5. Auto-Renewal of the Client's Subscription Period
The Client is entitled to receive the Service only during the subscription period specified on you Billing Form. All subscriptions will automatically renew at the end of the subscription period until it is cancelled by you. You will not receive any Notice of Auto-renewal anymore.
10.6. Recurring Billing
Some of our subscription plans use recurring billing. If you choose to pay on a monthly basis, you will automatically be charged the Subscription fee for the subsequent months until you cancel the Service before the new Subscription Period begins. Please notice, that the Client is solely responsible for cancelling the Subscriptions. Refunds cannot be given. By entering into this Agreement, you accept responsibility for all recurring charges prior to cancellation.
10.7. Payment failures
You are to cure the reason for unsuccessful charges within 48 hours of notification by the billing system (i.e. PayPal, 2Checkout or Heidelpay) and/or the Provider. A failure to charge a renewal payment successfully (i.e. due to an expired credit card) does not excuse you from not paying. You must pay on all amounts past due, that have not been disputed specifically in writing and in reasonable good faith, an interest charge of one and one-half percent (1,5 %) per month computed from the due date of each payment, or the maximum rate permitted by law. Furthermore the Client must also be liable for all attorneys' fees and collection costs arising from the Provider's efforts to collect unpaid balances.
10.8. No Refunds
Provider is not obligated to provide you a refund at any time. If you choose to cancel your account during your subscription term, you will not be refunded in whole or in part. If you choose to downgrade your plan level during your subscription term, you may be entitled to a pay a lower amount at renewal, but you are not entitled to refund at any time.
10.9. Current Information Required
The client is obliged to supply current, complete and accurate information to the provider. Clients with their head office located within the European Union are self-responsible to supply their Value Added Tax (VAT) number to the provider; otherwise they will be charged 20 % Austrian VAT. If the client provides the VAT number after payment a subsequent recalculation of the sales tax or a refund of the sales tax, is not possible due to the previously announced transfer of tax liability by the provider. In addition, the client is self-responsible to update his data in any case of a change.
10.10. Reaffirmation of Authorization
The Clients non-termination or continued use of the Service reaffirms that the Provider is authorized to charge your Payment Method.
11. Credit System
The Service is based on a credit system. This means that each product of the LinkResearchTools contains a certain number of credits per month. The credits expire after 1 month. Exception: When a product is payed for 6 or 12 months in advance, all credits will be added to the account at the beginning of the cycle, and are valid until its end. The credit system of the provider is described here in detail: https://helpdesk.linkresearchtools.com/entries/25347067. Unused credits that have expired will not be refunded or extended.
If more credits are required than the product purchased by the client contains, the client can either upgrade to the next higher product or purchase additional credits if available for the required tool. These products are listed as "add-ons", ie these products can only be purchased if an active subscription exists. The provider will not offer credits for single products (stand-alone products). If the client upgrades to a higher product, the current product will automatically be cancelled and run out at the end of the current billing cycle; the new, higher product's billing cycle will beginn at the time of the upgrade. This means that the billing cycle of each procuct lasts exactly 30, 180 or 360 days, and cannot be shortened due to an upgrade.
12. Access to Google Webmaster Tools Account
The Client has the option of connecting his Google Webmaster Tools (GWT) account to the Service. If the Client chooses to make use of this feature then the Client allows the Provider to have access to their GWT account and process the data that is contained inside the Client’s account within the framework of the service. The Provider will only process the available GWT data, and the Provider will not make any changes to the Client’s GWT account under any circumstances.
13. Modification to Service
The Provider reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Provider shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
14. Liability Exclusion
The provider is not responsible for the interpretation of the customers, which are based on the results of the Link Research Tools and/or the Link Detox tools. The provider may function as an advisory, but it's the client's sole responsibility to analyze and interpret the results from the Link Research tools and/or the Link Detox tools. The customer is especially responsible himself for all data used in combination with the Google Link Disavow Tool or the Bing Link Disavow Tool. Furthermore, the provider cannot be held liable in court for any results of the tools. Any kind of misinformation or malfunctions should immediately be reported to the provider.
15. Reliance on Content, Advice, etc.
Any advice that may be posted on the Website is for informational and entertainment purposes only. It not intended to replace or substitute for any professional, financial, legal, or other advice. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified specialist. The Provider does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will the Provider or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any other Clients.
16. Disclaimers of Warranties
The Service is provided "AS-IS" and on an "AS-AVAILABLE" basis. The Provider expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Provider cannot guarantee and does not promise any specific results from the use the Service.
You agree that you must evaluate, and bear all risks associated with, the use of the Services, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by the Service or the Provider. Use of the Services may result in technical malfunction, delay, misdelivery, or other problems with other systems, programs, or computer hardware. The Provider cannot and does not guarantee compatibility with other systems and hardware
The Provider is entitled to refer to the Client on every advertisement material or advertisement effort without any claim of compensation by the Client. Under reservation of the Client's possible disconfirmation in written form is the Provider entitled to point out the existing business relationship with the Client on the Provider's very own advertising mediums and especially on its internet website with name and company logo of the Client.
18. Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will the Provider be liable to the Client or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses.
19. Disclaimers and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers of warranties may not apply to you.
20. Indemnity by You
You agree to indemnify and hold the Providers and other partners and employees, harmless from any loss, liability, claim, or demand.
21. No Third Party Beneficiaries
The Client agrees that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement
22. Applicable Law, Place of Execution and Place of Jurisdiction
The Sole jurisdiction is Vienna, Austria.
Solely Austrian right with the exception of international reference norms shall be applied to the legal relationship between the Client and the Provider. The regulations of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.
A local and factual responsible Austrian court for the place of business of the Provider will be the agreed upon place of jurisdiction for all resulting conflicts between the Provider and the Client.
23. Severability Clause
If any term or other provision of this agreement is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of this agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that transactions contemplated hereby are fulfilled to the extent possible.
24. Provider Information & Contact Details
Wagramer Str. 25/3/17/68
fon AT: +43 1 23 66 385
fax AT: +43 1 953 50 19
fon US : (800) 230 3975
fon UK: 0800 8101116
Company Registration Data:
Company Name: CEMPER.COM
Company Reg Nr. : FN 269754y
Tax Reg. Nr. : 189/5973
Gewerbereg.Reg. : 104381F22, MBA22-104381F22/0001/002
We value your privacy. We will never give, rent or sell your personal information to anyone else.