Terms of Service
THE LOCAL LISTING SERVICE IS PROVIDED BY WE DO LOCAL COM LLC (A US COMPANY OPERATING FROM OLATHE, KS, USA). Dba WE DO LOCAL, LLC OPERATES THE WEBSITE & SERVICE WWW.WEDOLOCAL.COM (known as 'We Do Local')
THESE SERVICE TERMS AND CONDITIONS OF SUPPLY (“TERMS”) ARE MADE BETWEEN WE DO LOCAL COME, LLC OF OLATHE KS, USA (“WE”, “US” or “WEDOLOCAL”) AND YOU (THE ‘USER’) IN RESPECT OF THE SALE AND PURCHASE OF CERTAIN SERVICES AND ACCESS TO WEDOLOCAL.COM, WEDOLOCALWEB.COM & LSVADVANTAGE.COM ("THE WEBSITES"). PLEASE READ THESE TERMS CAREFULLY BEFORE ORDERING ANY LOCAL LISTING SERVICES. YOU UNDERSTAND THAT BY SIGNING THE ACCOMPANYING AGREEMENT AND BY ORDERING ANY OF THE LOCAL LISTING SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT BE ABLE TO PLACE YOUR ORDER FOR THE LOCAL LISTING SERVICES. YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.
SECTION A: GENERAL CONDITIONS APPLY TO ALL USERS OF THE WEBSITES AND SERVICES. IF YOU ARE AN AGENCY BUSINESS USER, THE PROVISIONS UNDER SECTION B: AGENCY BUSINESS USER SHALL APPLY TO YOU ACCORDINGLY IN ADDITION TO THE TERMS UNDER SECTION A.
SECTION A: GENERAL CONDITIONS
Agency Business User - means if you are a business, including but not limited to, an SEO agency, web-designers and marketing agencies who purchases and provides the Services to another third party;
Agreement - means the contract between We Do Local, LLC and a User in accordance with the provisions of these Terms & Conditions and the attached Terms of Service;
Charges means the non-refundable charges for each relevant package of Services which are set out on the Website;
Local Listing Site - a 3rd party website which accepts the submission of Company Information by businesses and their agents, and subsequently publishes that Company Information on 3rd party website.
Local Directory Submission - submission of Company Information by We Do Local, LLC to 3rd party website via any electronic means. This could be for the purpose of editing a pre-existing Live Company Listings or creating a new Live Company Listing.
Local Listing Order - submission of Company Information by We Do Local, LLC to a defined list of Local Listing Sites which the User has paid for in advance.
Local Listing Service - paid-for service provided by We Do Local, LLC and its partner(s) which undertakes Local Directory Submissions on behalf of a Customer.
Company Information - information including but not limited to company name, company address, company contact details, company website address, company contact individual, company description, company logo, company images.
Customer - an individual or organization which commences an order for a Local Listing Order for service.
Client - means a third party person who is not a User which the Agency Business User has a Standard Terms of Engagement for the Local Listing Service (a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
Digital Access Credentials – these are details such as email address and password which are created and used by US for purposes of undertaking a Local Listing Order;
Live Company Listings - publication of Company Information by a Local Listing Site on their digital publications (and network of partner publications) which are accessible by a public audience.
Purchase Confirmation Email - email sent by We Do Local, LLC which confirms the receipt of payment by you and the acceptance of your Local Listing Order(s).
User - means collectively, a Non-registered User, a Registered User and an Agency Business.
2. Local Directory Submissions
2.1 Local Directory Submissions for a Customer will be made within 30 working days of receipt of complete Company Information from User.
2.2 You are responsible for providing correct Company Information to us. We are not responsible for verifying Company Information before submission. We are not responsible for any errors in Live Company Listings which result from the supply of incorrect Company Information to us.
2.3 All submissions of Company Information will be to a pre-defined list of Local Directory Sites unless one or more of those Local Directory Sites is unavailable for any reason or has a change in submission policy or is no longer considered by us to be a valuable citation site. If any Local Directory Site is unavailable for any reason we will choose an alternative Local Directory Site to submit Company Information to. We will notify you of any changes to Local Directory Sites once the Local Listing Order has been completed. No additional charges will be incurred for submission to alternative Local Directory Sites and no refund will be made available for submission to alternative Local Directory Sites.
2.4 To enable us to complete the Local Listing Order, we will create a new, unique email address on behalf of each customer. After a Local Listing Order has been completed we will provide User with Digital Access Credentials for this email account. The same Digital Access Credentials will be used for each individual Local Listing Site used within a Local Listing Order, unless for whatever reason a particular Digital Access Credential is not accepted by a Local Directory Site; in this instance a 2nd set of Digital Access Credentials will be created by us.
2.5 To enable us to complete Local Directory Submissions on Pre-Claimed Local Listing Sites we may ask the Customer to provide us with Access Details for these Local Listing Sites. We warrant that these access details will only be used in conjunction with completing the Local Directory Submission.
2.6 User retains all rights of ownership and access to the unique email account and to all accounts on Local Directory Sites created as part of the Local Listing Order for which they have paid. User grants We Do Local, LLC and any of their employees, agents and partners, total access to the email account and to all accounts on Local Directory Sites for the purposes of undertaking Local Directory Submissions and for any future updates and Local Listing Order for this Customer.
2.7 We are not responsible for the submission and publishing policy of any Local Directory Sites. Each & every Local Directory Submission will not result in a Live Company Listing. We guarantee that a minimum of 70% of Local Directory Submissions will result in a Live Company Listing within thirty (30) days of the Local Listing Order being completed.
2.8 We do not guarantee that Live Company Listings will remain publicly accessible for any amount of time.
2.9 We do not guarantee that a Local Directory Site will remain active and publicly accessible for any amount of time.
2.10 We do not guarantee that Company Information will not be removed or edited by a Local Directory Site prior to or after Company Information has been made public.
2.11 We do not guarantee to correct any errors in Live Company Listings which occur as a direct result from a Local Directory Submission undertaken by us.
2.11.1 If the error in Live Company Listings occurs due to incorrect Company Information being supplied to us by you then any attempts to update or correct errors in Company Information will incur additional charges of US$6.00 per Live Company Listing.
2.11.2 We do not guarantee that our attempts to update or correct errors will result in the correction of data on a Live Company Listing.
2.12 We will undertake updates to existing listings on Local Directory Sites if requested to do so by the User. Updates will be charged at agreed charge per submission rate (clearly stated in the attached Terms of Service). We do not guarantee the successful or timely completion of updates due to potential complications with Local Directory Sites’ update policies or if issues arise with account access, such as email address or password not being recognized by a directory.
2.13 We do not guarantee that all Local Directory Submissions will occur without fault. We will attempt to correct any errors in Live Company Listings which occur is a direct result of human or system error by US. You will not incur additional charges for any attempts made to correct errors in Live Company Listings which occur is a direct result of human or system error by US.
2.14 Once a Local Listing Order has been paid for we MAY not offer any full or partial refunds. We MAY not offer any refunds for errors in Local Directory Submissions or for errors in Live Company Listings.
3. CHARGES, PAYMENT, TAXES AND ACCESS
3.1 Each Local Directory Submission will incur a Charge equaling the quoted package bundle price divided by the number of directories in that package.
3.2 All payments for a Local Listing Order will be made in advance via Credit Card (American Express, Visa or MasterCard, Discover and PayPal).
3.3 Your payment of the Charges constitutes an order. All orders are subject to acceptance by us and we shall confirm such acceptance to you by sending you an email acknowledging that we have received your order to purchase a Local Listing Order (“Purchase Confirmation Email”). Your contract with us for the purchase of a Local Listing Order shall be formed by sending you the Purchase Confirmation Email.
3.4 All charges are exclusive of US Sales Tax.
3.7 Commencement of a Local Listing Order does not entitle you to access or use any other services offered by We Do Local, LLC.
4. TERM AND TERMINATION
4.1 The Local Listing Service is a pay-per-listing service which MAY have any ongoing or recurring charges associated with it. Once a Local Listing Order has been completed there is no obligation on We Do Local, LLC to continue provision of the Local Listing Service or the Customer to purchase additional Local Listing Orders.
4.2 There is no termination period for one-time services. Termination is not required to be given by either Customer or We Do Local, LLC.
4.3 Termination for 6 and 12 month packages will automatically occur after the duration of the package. However, early termination MAY not be offered.
5. WARRANTIES AND LIABILITIES
5.1 You acknowledge and agree that We Do Local, LLC rely on third party providers to make the Local Listing Service and the Website available to you. Consequently, We Do Local, LLC do not warrant that the Local Listing Service and the Website shall be uninterrupted or fault-free at all times. For the avoidance of doubt, We Do Local, LLC accept no liability and shall not be liable for any delay or failure to provide the Services and/or make the Website available for reasons that is due to third parties including without limitation, third party social network websites, online search engines, online business directory websites, internet service providers, data centers, server hosting companies and telecommunication providers. Subject to clause 5.3, We Do Local, LLC shall not be liable for any indirect, special or consequential losses, expectations of a specific nature or anticipated outcome, anticipated savings, loss of profit, loss of opportunity, loss of data, loss of contract, loss of goodwill and reputation, loss of management time or any other loss however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable arising out of or in connection with your use and/or reliance of the Local Listing Service, the Website and the contents therein.
5.2 Unless otherwise expressly set out herein, the Local Listing Service is provided to you “AS IS” and we do not give any warranties of any kind including without limitation, warranties of merchantability, suitability, reliability, accuracy, correctness, timeliness, availability, completeness, the fitness for a particular purpose and any warranties arising by statute or otherwise in law or from a course of dealing, course of performance or use of trade, all of which are hereby excluded and disclaimed to the fullest extent permitted by law.
5.3 Nothing in these Terms shall be deemed to exclude, restrict or limit the liability of either party (or their respective agents or sub-contractors) for death or personal injury resulting from their negligence or any liability for fraudulent misrepresentation.
5.4 Subject to clause 5.9, We Do Local, LLC shall not be liable for:
5.4.1 any expectations of a specific nature or anticipated outcome, anticipated savings, loss of profit, loss of data, loss of contract, emotional loss, loss of goodwill and reputation, loss of management time.
5.4.2 any indirect or consequential losses; and any other loss however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable arising out of or in connection with your use of the Service, the Website and the contents therein either as a User.
5.5 Unless otherwise expressly set out to the contrary in these Terms, We Do Local, LLC's liability to you in connection with your use of the Local Listing Service shall be strictly limited to the Charges paid by you for the Local Listing Order purchase.
5.6 In the event you have a dispute with one or more of the other Users, you hereby release We Do Local, LLC from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such disputes.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 We Do Local, LLC and its licensors own all rights in the intellectual property rights relating to the Website and Local Listing Service.
6.2 Where you are a User, you warrant and represent that you own or are licensed to use any and all the Intellectual Property Rights in any Local Listing Orders.
6.3 Unless you are an authorized reseller - You are expressly prohibited from:
6.3.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website including without limitation, any images, articles and write-ups made available on the Website; and
6.3.2 removing, modifying, altering or using any registered or unregistered marks/logos/design owned by We Do Local, LLC and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of We Do Local, LLC & licensors or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to We Do Local, LLC & licensors.
8.1 If We Do Local, LLC fails at any time to insist upon strict performance of its obligations under these Terms, or if they fail to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from complying with such obligations.
8.2 A waiver by We Do Local, LLC of any default shall not constitute a waiver of any subsequent default.
8.3 No waiver by We Do Local, LLC of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
8.4 All notification and communication to We Do Local, LLC should be sent to the contact details made available to you on the Website.
8.5 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining Terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
8.6 These Terms represent the entire agreement between you and We Do Local, LLC in respect of your use of the Website and shall supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
8.7 You acknowledge that in entering into these Terms, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the Internet or in negotiation between us except as expressly set out in these Terms.
8.8 We Do Local, LLC reserve the right to modify these Terms at any time. Any changes We Do Local, LLC may make to this document in the future will be notified and made available to you using the Website.
8.9 These Terms shall be governed by and construed in accordance with U.S. law and the U.S. or States courts shall have exclusive jurisdiction. If you live outside the USA this agreement shall apply only to the extent that it does not deprive you of any legal protection accorded under the law of the place where you are habitually resident. The US courts will have exclusive jurisdiction over any claim arising from, or related to, these Terms or a visit to our site although, we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country including the USA. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the USA.
9. CONTACT DETAILS
9.1 If you have any questions or queries about these Terms please contact us by email to email@example.com.
9.2 If you wish to make a complaint about the Local Listing Service or Website or to report abuse of the Website please contact us by email to firstname.lastname@example.org or Mail to Customer Service Department, We Do Local, LLC, 814 N Pine St, Olathe, KS 66061.
IF YOU ARE AN AGENCY BUSINESS USER USING THE WEBSITE AND/OR LOCAL LISTING SERVICE, THE PROVISIONS UNDER SECTIONS B SHALL APPLY ACCORDINGLY.
SECTION B: AGENCY BUSINESS USER
B1. AGENCY BUSINESS OBLIGATIONS
B1.1 The contractual relationship for the provision of the Local Listing Service shall be between the Agency Business User and a Client. Consequently, the Agency Business User shall have Standard Terms with a Client before purchasing the Services. You hereby represent and undertake that you shall (i) comply with all applicable local and foreign laws and regulations which may govern any use of the Website and Local Listing Service; and (ii) use the Website and Local Listing Service only for lawful purposes and in accordance with the Terms.
B1.2 The Agency Business User acknowledges and agrees that the provision of the Local Listing Services shall be governed by the Standard Terms of Engagement between the Agency Business User and their business clients, and We Do Local, LLC shall have no involvement and therefore no liability in respect of the Agency Business User’s use of the Services on behalf of their business client.
B1.3 The Agency Business User shall be solely responsible in contacting the Client in the event of any issues arising out of his or her ability or inability to provide the Service, including but not limited to, any delays in the performance of its obligations and difficulty with accessing the Service.
B1.4 The relationship between We Do Local, LLC and the Agency Business User shall be that of an independent contractor. Nothing in these Terms shall render the Agency Business User an employee, partner or joint-venture of We Do Local, LLC. The Agency Business User shall not assume, create or incur any liability or obligation on behalf of We Do Local, LLC except as expressly set out in these Terms. The Agency Business User shall not at any time or for any reason hold itself out as being an officer and/or employee of We Do Local, LLC.
B1.5 The Agency Business User hereby acknowledges and agrees that a breach of clause B1.1 shall be deemed a material breach capable of termination in accordance with clause 6.
B1.6 These Terms represent the entire agreement between you and We Do Local, LLC in respect of your use of the Website and Local Listing Service and, for the avoidance of doubt, your agreement with the Client for the provision of Local Listing Service shall not be covered by this agreement.
B2. ADDITIONAL WARRANTIES AND LIABILITIES
B2.1 We Do Local, LLC shall not be liable for your communication, dealing, transaction and/or relationship with the Client and any other third parties in your use of the Local Listing Service including but not limited to any fees owed by the Client in respect of the Local Listing Service.
B2.2 In the event of a dispute between you and the Client, you agree to deal with such dispute independently of and without any demands from We Do Local, LLC, and you fully and completely release We Do Local, LLC from all claims, liability and damages arising from or in any way connected to such claim or action.
B2.3 We Do Local, LLC does not promise, warrant or guarantee any specific results from your use of the Local Listing Service. We Do Local, LLC also does not guarantee (a) the availability of the Local Listing Service at all times; or (b) that the Service shall be fault free or uninterrupted at all times.
B2.4 The Agency Business User hereby releases We Do Local, LLC from any and all liabilities arising from any dispute between the Agency Business User and the Client in connection with the provision of the Local Listing Service.
B2.5 The Agency Business User shall indemnify We Do Local, LLC immediately on demand and without limit against all direct losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of any breach of these Terms by the Agency Business User.