Keyword Discovery - Terms and Guidelines
Trellian and KeywordDiscovery reserves the right to make pricing change displayed on our website without notice. Existing customers will be given at least 30 days notice prior to any pricing changes taking effect. Already advance paid for in full subscription services will not be affected by pricing changes until the expiry of such subscription period.
During the 30 days notice period, existing customers have the ability and right to unsubscribe to services before the new pricing is set.
KeywordDiscovery is a subscription service. All new subscriptions are automatically renewed on the expiry date. You have the ability to unsubscribe or cancel the automatic renewal at any time. Cancellations need to be made at least 1 day before the current subscription expiry date to avoid automatic renewal of your subscription.
Changes and Modifications
Trellian and KeywordDiscovery reserves the right to make technical, interface and service changes without notice. Recourse available to you in cases of any modifications is to cancel the relevant service Agreement. Continued use of the site and/or service following changes and modifications will constitute your binding acceptance.
Service Levels and Access
We will use our best endeavours to make our website available at all times, but cannot guarantee it will operate without interruptions or be error free. We can not accept liability for any cases of its unavailability. In cases where service is unavailable for more than 30% of the time in any one calender month, the subscription prices will be waived for that particular month.
Access to the website is free to all. Access to password protected sections of the site is limited and can be accessed with a valid subscription only. A valid subscription is account based and is only valid per single user. Distribution or use of your subscription login details to others is strictly prohibited and will result in cancellation of your account with no recourse or refund.
Automated solutions, including tools, software applications and online systems used to perform automated queries can ONLY be performed via Keyword Discovery API.
We reserve the right to refuse any order placed by you.
Notices shall be in the form an email or an announcement post on the KeywordDiscovery.com forum.
By opening a Trellian account you agree to receive emails from Trellian related to the KeywordDiscovery service and other Trellian services. You have the ability to unsubscribe at anytime.
Termination for Cause. This Agreement may be terminated by one of the parties for cause immediately by providing notice upon the occurrence of any of the following events; (i) If the other ceases to do business, or otherwise terminates its business operations; or (ii) If the other shall fail to promptly secure or renew any license registration, permit, authorization or approval for the conduct of its business in the manner contemplated by this Agreement or if any such license, registration, permit, authorization or approval is revoked or suspended and not reinstated within thirty (30) days; or (iii) If the other breaches any material provision of this Agreement and fails to fully cure such breach within thirty (30) days (ten (10) days in the case of failure to pay) of written notice describing the breach; or (iv.) If the other becomes insolvent or seeks protection under any bankruptcy receivership trust deed, creditor's arrangement composition or comparable proceeding, or if any such proceeding is instituted against the other and not dismissed within thirty (30) days.
Termination for Convenience. You may terminate and cancel your service at any time with the discontinued use of this website.
For annual subscribers, based on the monthly rate, a prorated amount of the subscription prices will be refunded.
The Keyword Discovery service relies on data sourced from a number of providers, including 3rd party providers. We obtain and update data on our site on a weekly basis. We also endeavor to provide quality data and apply quality filters as and when applicable, but as a general guide we believe that pure data can be more valuable and be more representative. We can not accept liability for any cases of data skews and/or quality levels.
We also warrant that Trellian and KeywordDiscovery will not violate any third party contractual obligations in relation to 3rd party data providers.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.
If for any reason we are held liable, our liability is limited to the amount paid by you for applicable service(s) concerned.
Neither party shall be liable for the failure to perform any of its obligations under this Agreement, except for payment obligations, if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including without limitation, fire, flood, strikes and other industrial disturbances, failure of raw materials suppliers, failure of transport, accidents, riots, insurrections, acts of God or orders of governmental agencies.
This Agreement shall be governed by Australian Law and the State of Victoria shall have exclusive jurisdiction in connection herewith. Trellian and KeywordDiscovery will comply with all applicable laws under this jurisdiction.
If a court of law or other tribunal of competent jurisdiction finds any provision of this Agreement invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement as expressed herein.
The parties agree that the terms and conditions of this Agreement shall prevail over any contrary or additional terms in any purchase order (unless agreed to in writing by both parties), sales acknowledgment, confirmation or any other document issued by either party.
Trellian and KeywordDiscovery collects and retains all personal information about you that is in relation to your use of this service. This includes but not limited to your: Name, Contact Details and Billing Details. You authorize us to use this data for marketing purposes for any other Trellian or associated service.
Trellian does not sell, disclose or provide to 3rd parties any personal information or keyword data collected as part of your use of this service.
We monitor your usage of this service in real time so that we can determine the effectiveness of the system and to keep track of your search volumes in case of API limit allocations. We also store and maintain your unique keyword data "Project files" for your exclusive access.
Your usage of this service and the data associated with your usage is neither collected nor retained for the purpose of reuse in KeywordDiscovery or in any other Trellian application or service.
By accepting these terms and conditions, you agree to the use of your personal information as outlined above.