Terms of Service
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These Terms of Service ("Terms") govern your use of oryxpeak.com and the services provided by Webazzar LLC, doing business as Oryx Peak ("Oryx Peak," "we," "us," or "our"). By accessing the Site or purchasing our services, you agree to these Terms. Please read them carefully, they include important provisions about our subscription terms, billing, and dispute resolution.
1. Our Services
Oryx Peak provides search engine optimization (SEO) and related digital marketing services, including optimization for traditional search engines and AI search platforms, content, local search, and link building, delivered on a subscription basis. The specific deliverables depend on the plan you select. SEO involves third-party platforms (such as search engines) that we do not control, and results depend on many factors.
2. Nature of SEO & No Guarantee of Specific Results
You understand and agree that:
- Search engines and AI platforms are independent third parties. We do not control their algorithms, rankings, or how they display results, and their behavior can change without notice.
- Except for the written guarantees described in Section 3, we do not guarantee any particular ranking, traffic level, lead volume, revenue, or business outcome. Any timelines or projections are estimates, not promises.
- SEO is a long-term effort. Meaningful results typically take time to develop.
3. Our Guarantees
For clients on an active subscription, we offer the following two limited guarantees.
3.1 30-Day Satisfaction Guarantee
30-Day Satisfaction Guarantee. If you are not satisfied with how we work during your first 30 days of service, tell us in writing by email to hello@oryxpeak.com before your 30th day of service ends. We will refund your first month's fee in full, end the engagement, and release you from the remainder of the initial three-month term. This guarantee applies once per client and covers the first month's fee only.
3.2 90-Day Ranking Guarantee
At kickoff we agree in writing on your target keywords and record your starting ranking position for each one. If, at the end of your first 90 days of active service, your average ranking position across those agreed keywords has not improved compared with the recorded starting positions, we will continue providing your plan's services at no charge until it has. Billing pauses from day 91 and resumes with the first billing cycle after the improvement is recorded on your dashboard, which we will confirm to you in writing. Keywords not ranking in the top 100 are counted as position 101.
This guarantee applies only if you have provided timely access and approvals, your account is in good standing, and you have not made changes during the period that we advised against in writing (for example a site migration, a domain change, or removing pages we created). It is a service guarantee, not a cash refund, and it is your sole remedy for ranking performance.
4. Subscription Term, Billing & Renewal
Please read this section carefully as it affects your payment obligations.
- Initial term. Unless your written order states otherwise, subscriptions begin with an initial minimum term of three (3) months. You commit to the full initial term when you start service.
- Automatic monthly renewal. After the initial term, your subscription automatically renews on a month-to-month basis at the then-current rate until you cancel in accordance with Section 5.
- Recurring billing authorization. By providing a payment method and starting a plan, you authorize us and our payment processor (Braintree) to charge that payment method automatically for the initial term and for each renewal period, on a recurring basis, until you cancel. You confirm you are authorized to use the payment method provided.
- Billing date. You are billed at the start of each billing cycle. Fees are stated in U.S. dollars and are exclusive of any applicable taxes.
- Failed payments. If a payment fails, we may retry the charge and may suspend or pause services until payment is resolved. You remain responsible for amounts owed.
5. Cancellation
You may cancel your subscription by giving us written notice by email to hello@oryxpeak.com at least ten (10) days before your next billing date, provided your initial three-month term has been completed (or earlier under the 30-Day Satisfaction Guarantee in Section 3.1). Cancellation stops future renewals. It does not retroactively refund the current or prior billing periods, and it does not release you from any remaining commitment of the initial term. Our full refund and cancellation terms are set out in our Refund & Cancellation Policy, which is incorporated into these Terms.
6. Your Responsibilities
To let us do our work, you agree to:
- Provide timely access to your website, Google Business Profile, analytics, and any accounts reasonably required;
- Provide accurate information and timely approvals and feedback;
- Maintain your own hosting, domain, and website functionality;
- Not engage another SEO provider whose work could conflict with ours during the engagement without telling us;
- Ensure that the content and materials you provide are lawful and do not infringe others' rights.
7. Market Exclusivity
Where we offer exclusivity ("one client per category per market"), it means that while your subscription is active and in good standing, we agree not to take on a directly competing client in your defined category and market. Exclusivity ends when your subscription ends or falls into non-payment.
8. Intellectual Property
Your website, domain, Google Business Profile, analytics, advertising accounts, and review profiles remain in your name and under your ownership at all times. Content and deliverables we create for you become yours once paid for in full. We retain ownership of our own underlying methods, know-how, templates, and tools. The Site and its content, including the Oryx Peak name and branding, remain our property and may not be copied or used without permission.
9. Disputes About Charges & Chargebacks
If you believe a charge is incorrect, you agree to contact us first at hello@oryxpeak.com so we can resolve it. Initiating a chargeback or payment dispute for a valid charge, without first attempting to resolve it with us, is a breach of these Terms. You remain responsible for amounts validly owed, and for reasonable costs we incur responding to an improper chargeback.
10. Disclaimer of Warranties
The Site and services are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, except as expressly stated in these Terms.
11. Limitation of Liability
To the fullest extent permitted by law, Oryx Peak and Webazzar LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or business opportunities. Our total liability for any claim arising out of or relating to the services or these Terms will not exceed the amount you paid us for the services in the three (3) months immediately before the event giving rise to the claim.
12. Indemnification
You agree to indemnify and hold harmless Oryx Peak and Webazzar LLC from claims, damages, and expenses arising out of your breach of these Terms, your content or materials, or your violation of any law or third-party right.
13. Governing Law & Disputes
These Terms are governed by the laws of the State of Ohio, USA, without regard to its conflict-of-law rules. You agree that any dispute will be brought in the state or federal courts located in Ohio, and you consent to their jurisdiction, unless the parties agree in writing to resolve the dispute another way.
14. General
- If any provision is found unenforceable, the rest remains in effect.
- Our failure to enforce a provision is not a waiver of it.
- These Terms, together with your order and the policies referenced here, are the entire agreement between us regarding the services.
- We may update these Terms; the "Last updated" date reflects the current version, and continued use after changes means you accept them.
15. Contact
Webazzar LLC (d/b/a Oryx Peak)
Email: hello@oryxpeak.com
Phone: (513) 720-5193