Effective date: To be inserted before publishing
Provider: SpikeCrest — Registered business name and number
Contact: hello@spikecrest.com
These Terms of Service (‘Terms’) govern the relationship between SpikeCrest (‘we’, ‘us’, ‘our’) and any individual or business (‘Client’, ‘you’) that engages SpikeCrest for SEO, Google Ads, conversion rate optimisation, or related digital marketing services.
By signing a service agreement, submitting a purchase, or using SpikeCrest’s services, you confirm that you have read, understood, and agreed to these Terms.
1. Services
1.1 Scope of services
SpikeCrest provides digital marketing services including, but not limited to, search engine optimisation (SEO), Google Ads management, conversion rate optimisation (CRO), content production, link building, local SEO, and SEO audits. The specific services, deliverables, and fees applicable to each engagement are set out in a separate Service Agreement or Statement of Work (‘SOW’) agreed between the parties.
1.2 Service modifications
SpikeCrest reserves the right to modify, update, or discontinue any service at any time. Where a modification materially affects an active engagement, SpikeCrest will provide the Client with at least 30 days’ written notice.
2. Engagement terms
2.1 Minimum engagement period
All SpikeCrest retainer engagements require a minimum commitment period of six (6) calendar months from the campaign launch date. SEO is a compounding investment — meaningful ranking authority cannot be built or accurately measured within a shorter timeframe.
2.2 Renewal and continuation
Following the initial six-month minimum period, engagements continue on a rolling monthly basis unless either party provides written notice of termination in accordance with Clause 2.3.
2.3 Termination
After the minimum engagement period, either party may terminate the engagement by providing thirty (30) days’ written notice by email to the other party’s designated contact address. SpikeCrest will complete all work in progress during the notice period.
2.4 Standalone services
One-time engagements (standalone audits, topical maps, and similar fixed-scope deliverables) are governed by the scope and payment terms set out in the applicable SOW and are not subject to the minimum engagement period outlined in Clause 2.1.
3. Fees and payment
3.1 Fees
Fees are as set out in the applicable SOW or service agreement. SpikeCrest’s published pricing is indicative. The fees applicable to a specific engagement are confirmed in writing before work commences.
3.2 Invoicing and payment
Retainer fees are invoiced monthly in advance. Payment is due within fourteen (14) days of the invoice date. Standalone project fees are invoiced as specified in the applicable SOW — typically 50% on engagement and 50% on delivery.
3.3 Late payment
SpikeCrest reserves the right to charge interest on overdue invoices from the due date until the date of payment. SpikeCrest reserves the right to suspend active campaign work for any engagement where payment is more than 14 days overdue.
3.4 Price changes
SpikeCrest may adjust retainer fees with a minimum of 60 days’ written notice.
4. Client obligations
4.1 Access and cooperation
The Client agrees to provide SpikeCrest with timely access to all accounts, platforms, and information required to perform the agreed services, including:
- Google Search Console and Google Analytics
- Google Ads account (where applicable)
- Website CMS or hosting environment (where technical implementation is in scope)
- Google Business Profile (where local SEO is in scope)
4.2 Content approval
Where content produced by SpikeCrest requires Client review and approval before publication, the Client agrees to provide feedback or approval within five (5) business days of submission.
4.3 Accurate information
The Client warrants that all information provided to SpikeCrest — including business details, industry, products, services, and target markets — is accurate and complete.
4.4 Compliance
The Client is responsible for ensuring that its business, website, and the content published on it comply with all applicable laws and regulations.
5. Deliverables and intellectual property
5.1 Ownership of deliverables
Upon receipt of full payment for the relevant period, SpikeCrest assigns to the Client all intellectual property rights in the content, reports, and other deliverables produced specifically for the Client. This excludes SpikeCrest’s proprietary methodologies, frameworks, templates, and tooling.
5.2 Third-party content
Where SpikeCrest uses licensed stock imagery, third-party tools, or open-source software in the delivery of services, the applicable licences and usage terms of those third parties apply.
5.3 Portfolio and case studies
SpikeCrest reserves the right to reference the Client’s business, industry, and campaign results in anonymised or aggregated form for portfolio and marketing purposes.
6. Results and performance
6.1 No ranking guarantees
SpikeCrest does not guarantee specific search engine rankings, traffic volumes, or lead generation outcomes. Search engine algorithms are proprietary, subject to change without notice, and outside SpikeCrest’s control.
6.2 Reporting
SpikeCrest delivers monthly performance reports covering the metrics specified in the SOW.
6.3 Algorithm changes
Google and other search engines periodically update their ranking algorithms in ways that can significantly affect organic search visibility. SpikeCrest is not responsible for ranking changes caused by algorithm updates.
7. Confidentiality
Each party agrees to keep confidential all non-public information received from the other party in connection with the engagement — including business strategies, client lists, financial information, campaign data, and proprietary methodologies. This confidentiality obligation survives termination of the engagement for a period of two (2) years.
8. Limitation of liability
8.1 Exclusions
To the maximum extent permitted by applicable law, SpikeCrest is not liable for:
- Indirect, consequential, or incidental loss arising from the use of its services
- Loss of revenue, profit, business, or goodwill arising from campaign performance
- Ranking changes caused by search engine algorithm updates or third-party platform changes
- Delays or service interruptions caused by the Client’s failure to provide required access or approvals
8.2 Cap on liability
SpikeCrest’s total liability to the Client under or in connection with any engagement shall not exceed the total fees paid by the Client to SpikeCrest in the three (3) months immediately preceding the event giving rise to the claim.
8.3 Exceptions
Nothing in these Terms limits SpikeCrest’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
9. Dispute resolution
In the event of a dispute, the parties agree to attempt to resolve the matter in good faith through direct negotiation within 30 days. If the dispute cannot be resolved through negotiation, either party may refer the matter to mediation before initiating legal proceedings.
10. General provisions
10.1 Entire agreement
These Terms, together with any signed SOW or service agreement, constitute the entire agreement between the parties.
10.2 Amendments
SpikeCrest may update these Terms from time to time. Material changes will be communicated to active clients with at least 30 days’ notice.
10.3 Severability
If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be limited or eliminated to the minimum extent necessary.
10.4 Waiver
SpikeCrest’s failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
10.5 Assignment
The Client may not assign or transfer any rights or obligations under these Terms without SpikeCrest’s prior written consent.
11. Contact
Email: hello@spikecrest.com
Response: Within 5 business days
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