1. Introduction and Acceptance of Terms
Welcome to Byte N’ Buzz (“Company,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of the website located at byte-n-buzz.com (the “Site”) and any SEO consulting, optimization, and related digital marketing services (the “Services”) provided by Byte N’ Buzz to businesses and startups (“Client,” “you,” or “your”).
By accessing the Site, submitting an inquiry, signing a proposal, making a payment, or otherwise engaging our Services, you agree to be bound by these Terms, our Privacy Policy, and any service-specific agreement, statement of work, or proposal (“Order Form”) that we provide to you. If you do not agree to these Terms, you must not use the Site or engage our Services.
These Terms constitute a legally binding agreement between you and Byte N’ Buzz, a business operating out of Bacacay, Albay, Philippines.
2. Eligibility
By using the Site or engaging our Services, you represent and warrant that:
- You are at least 18 years of age, or the age of majority in your jurisdiction;
- You have the legal authority to enter into these Terms on behalf of yourself or the business/entity you represent;
- All information you provide to us is accurate, current, and complete; and
- Your use of the Services will comply with all applicable local, national, and international laws and regulations.
3. Description of Services
Byte N’ Buzz provides search engine optimization (“SEO”) services for businesses and startups, which may include, without limitation:
- On-page and technical SEO audits and optimization
- Keyword research and content strategy
- Link building and off-page optimization
- Local SEO and Google Business Profile optimization
- SEO reporting and performance analytics
- Related digital marketing consulting services
The specific scope, deliverables, timeline, and fees for any engagement will be detailed in a separate proposal, quote, contract, or Order Form agreed upon between Byte N’ Buzz and the Client. In the event of any conflict between these Terms and an Order Form, the Order Form shall govern with respect to the specific engagement, and these Terms shall govern all other matters.
4. No Guarantee of Results
SEO IS INHERENTLY UNPREDICTABLE. CLIENT ACKNOWLEDGES AND AGREES TO THE FOLLOWING:
4.1. Search engine algorithms (including but not limited to Google, Bing, and other search platforms) are proprietary, frequently updated, and outside of our control. Byte N’ Buzz does not control, own, or operate any search engine and cannot guarantee specific rankings, positions, traffic levels, conversions, revenue, or any other outcome.
4.2. Any timelines, projections, estimates, or examples of past results provided by Byte N’ Buzz (verbally, in writing, in proposals, or on the Site) are illustrative only and do not constitute a guarantee or warranty of future performance.
4.3. SEO results are influenced by numerous factors outside our control, including competitor activity, search engine algorithm updates, industry conditions, the Client’s website infrastructure, hosting, content decisions, and third-party platform policies.
4.4. Byte N’ Buzz will use commercially reasonable efforts, industry-standard practices, and its professional expertise in performing the Services, but makes no warranty, express or implied, regarding specific results.
5. Client Responsibilities
To enable Byte N’ Buzz to perform the Services effectively, Client agrees to:
- Provide timely access to relevant accounts, platforms, and systems (e.g., website CMS, Google Search Console, Google Analytics, hosting, or advertising accounts) as reasonably required;
- Provide accurate business information, brand assets, and content necessary for the Services;
- Respond to requests for feedback, approvals, or information within a reasonable time, as unreasonable delays may affect timelines and results;
- Refrain from making unauthorized changes to the website or related systems that may conflict with or undo work performed by Byte N’ Buzz without prior notice to us; and
- Ensure that all content, materials, and information provided to us for use in the Services do not infringe upon the intellectual property, privacy, or other rights of any third party.
Byte N’ Buzz is not responsible for delays, reduced performance, or failure to meet agreed timelines resulting from Client’s failure to fulfill these responsibilities.
6. Fees, Payment, and Refunds
6.1. Fees. Fees for Services will be set out in the applicable proposal, quote, or Order Form and are payable in the currency and via the payment method specified therein.
6.2. Payment Terms. Unless otherwise agreed in writing, invoices are due upon receipt or within the timeframe stated on the invoice. Late payments may result in suspension of Services and/or the application of late fees as specified in the applicable Order Form.
6.3. Recurring Services. For ongoing or subscription-based SEO engagements, fees will be billed on a recurring basis (e.g., monthly) as agreed. Client may cancel future billing cycles by providing written notice as specified in the applicable Order Form, subject to any minimum term commitments.
6.4. Refunds. Because SEO Services involve substantial upfront labor, research, strategy development, and execution, fees for work already performed are generally non-refundable. Any refund eligibility, cancellation terms, or “kill fees” for work in progress will be specified in the applicable Order Form. Absent a specific written refund policy in an Order Form, all sales are final once work has commenced.
6.5. Taxes. Fees are exclusive of applicable taxes unless stated otherwise. Client is responsible for any taxes, duties, or governmental charges associated with the Services, excluding taxes on Byte N’ Buzz’s net income.
7. Term and Termination
7.1. Term. These Terms remain in effect for as long as you use the Site or receive Services from us, subject to the specific term stated in any Order Form.
7.2. Termination for Convenience. Either party may terminate an ongoing engagement by providing written notice as specified in the applicable Order Form (commonly 30 days). Client remains responsible for payment of all fees for Services rendered up to the effective date of termination.
7.3. Termination for Cause. Byte N’ Buzz may suspend or terminate Services immediately, without refund, if Client: (a) fails to pay fees when due; (b) breaches these Terms or an Order Form; (c) engages in unlawful, fraudulent, or abusive conduct; or (d) requests SEO tactics that violate search engine guidelines or applicable law (including “black hat” techniques).
7.4. Effect of Termination. Upon termination, Byte N’ Buzz will cease work and Client will pay for all Services performed and expenses incurred up to the termination date. Sections of these Terms which by their nature should survive termination (including Sections 4, 8, 9, 10, 11, 12, and 13) shall survive.
8. Intellectual Property
8.1. Site Content. All content on the Site, including text, graphics, logos, images, software, and design, is the property of Byte N’ Buzz or its licensors and is protected by applicable intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from Site content without our prior written consent.
8.2. Client Materials. Client retains ownership of all materials, content, trademarks, and data it provides to Byte N’ Buzz (“Client Materials”). Client grants Byte N’ Buzz a limited, non-exclusive license to use Client Materials solely for the purpose of performing the Services.
8.3. Deliverables. Unless otherwise agreed in an Order Form, upon full payment of applicable fees, Client will own the final content deliverables created specifically for Client (e.g., written content, on-page changes). Byte N’ Buzz retains ownership of its underlying methodologies, tools, templates, know-how, and any pre-existing intellectual property used in delivering the Services.
8.4. Portfolio Use. Byte N’ Buzz may reference the Client’s name, logo, and general nature of results achieved (e.g., anonymized or aggregate performance metrics) for portfolio, marketing, and case study purposes, unless Client objects in writing.
9. Confidentiality
Each party agrees to keep confidential any non-public business, technical, or financial information disclosed by the other party in connection with the Services (“Confidential Information”), and to use such information solely for purposes of performing or receiving the Services. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law. This obligation survives termination of the engagement.
10. Third-Party Tools and Services
In performing the Services, Byte N’ Buzz may use or recommend third-party software, platforms, or tools (e.g., analytics platforms, keyword research tools, hosting providers, CMS platforms). Byte N’ Buzz is not responsible for the availability, performance, security practices, pricing changes, or terms of service of any third-party tool or platform, and Client’s use of such tools may be subject to separate third-party terms.
11. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. BYTE N’ BUZZ DOES NOT WARRANT THAT THE SERVICES WILL RESULT IN ANY SPECIFIC SEARCH ENGINE RANKING, TRAFFIC, OR BUSINESS OUTCOME.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
12.1. Byte N’ Buzz shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunities, arising out of or related to your use of the Site or the Services, even if advised of the possibility of such damages.
12.2. Byte N’ Buzz’s total aggregate liability arising out of or related to these Terms or the Services shall not exceed the total fees paid by Client to Byte N’ Buzz in the three (3) months immediately preceding the event giving rise to the claim.
12.3. Nothing in these Terms shall exclude or limit liability that cannot be excluded or limited under applicable Philippine law, including liability for fraud or willful misconduct.
13. Indemnification
Client agrees to indemnify, defend, and hold harmless Byte N’ Buzz, its owners, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) Client’s breach of these Terms; (b) Client Materials or instructions that infringe third-party rights or violate applicable law; or (c) Client’s misuse of the Services or the Site.
14. Prohibited Conduct
You agree not to:
- Use the Site or Services for any unlawful purpose or in violation of these Terms;
- Request or direct Byte N’ Buzz to perform SEO tactics that are deceptive, manipulative, or that knowingly violate search engine guidelines in a manner intended to defraud users or third parties;
- Attempt to gain unauthorized access to any portion of the Site, our systems, or other users’ accounts;
- Interfere with or disrupt the integrity or performance of the Site; or
- Use any automated means (e.g., bots, scrapers) to access the Site without our prior written consent.
15. Communications and Electronic Signatures
By providing your email address or engaging our Services, you consent to receive electronic communications from us, including invoices, reports, and Service-related notices. You agree that electronic signatures, agreements executed via email confirmation, and electronically delivered proposals are binding to the same extent as physical signatures, to the extent permitted under the Philippine E-Commerce Act (Republic Act No. 8792).
16. Privacy
Your use of the Site and Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information in accordance with the Data Privacy Act of 2012 (Republic Act No. 10173) and its Implementing Rules and Regulations. Where our Privacy Policy is not yet published, please contact us directly for information on our data handling practices.
17. Force Majeure
Byte N’ Buzz shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, internet or hosting outages, search engine algorithm changes, governmental action, power outages, or other events of force majeure.
18. Governing Law and Dispute Resolution
18.1. These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of law principles.
18.2. The parties agree to first attempt to resolve any dispute arising out of or relating to these Terms or the Services through good-faith negotiation. If the dispute cannot be resolved within thirty (30) days, the parties agree that the dispute shall be submitted to the exclusive jurisdiction of the competent courts of Albay, Philippines, unless otherwise required by mandatory applicable law.
19. Modifications to Terms
Byte N’ Buzz reserves the right to modify or update these Terms at any time. The updated version will be indicated by a revised “Last Updated” date and will be effective as soon as it is posted on the Site. Continued use of the Site or Services after changes are posted constitutes acceptance of the revised Terms. For material changes affecting active Client engagements, we will provide reasonable notice via email.
20. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed, and the remaining provisions shall continue in full force and effect.
21. Entire Agreement
These Terms, together with any applicable Order Form, Privacy Policy, and other referenced policies, constitute the entire agreement between Client and Byte N’ Buzz with respect to the subject matter herein, and supersede all prior or contemporaneous understandings, whether written or oral.
22. No Waiver
No failure or delay by Byte N’ Buzz in exercising any right under these Terms shall operate as a waiver of that right, nor shall any single or partial exercise of a right preclude any other or further exercise of that right.
23. Assignment
Client may not assign or transfer its rights or obligations under these Terms without the prior written consent of Byte N’ Buzz. Byte N’ Buzz may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its business assets.
24. Contact Information
If you have any questions about these Terms, please contact us:
Byte N’ Buzz Bacacay, Albay, Philippines Email: ivan@byte-n-buzz.com Website: byte-n-buzz.com