Terms of Service for Web CEO HitLens Web Analytics Service

IMPORTANT - READ CAREFULLY: This document is a legal agreement between you (either an individual or a legal entity) and Web CEO Limited regulating the terms for the HitLens Web Analytics Service. As used in this Agreement, "we", "our", and "us" refer to Web CEO Limited as the service provider, and "you" and "your" refer to you as the customer. The "Product" includes computer software itself and any associated media, electronic documentation and documentation and accompanying items including, but not limited to, the executable programs, drivers, libraries or whatsoever that originates from the intellectual labor of Web CEO Limited "Service" refers to HitLens Web Analytics Service.

DEFINITION

The Service, integrated with the Product's interface, is designed to register visits and views of site pages, then systematizing this data and analyzing it with the aim of improving site performance and profitability. The unit of analysis is 1,000 (one thousand) views of the pages that are being tracked. The amount charged from your credit card is calculated in accordance with the Service pricing stated in the TERMS OF PAYMENT.

The following service plans are available:

  1. Power Reporting Plan allows tracking the various data about your traffic, visitors, referrers and lots of other aspects about the pages of your site.
  2. eCommerce Reporting Plan allows tracking ad campaigns (response, conversions, ROI) and the analyzing your income by referrer (sales, registrations, subscriptions, sales cycle, etc.) together with the Power Reporting Plan options.

ACTIVATION/DEACTIVATION

On creating a new project in the Project Manager you are prompted to activate the 15-day trial of the Service for the given site. Web CEO provides you with the web traffic analysis absolutely free during these 15 days to give you a possibility to evaluate the service and make a decision to subscribe to the Service.

You can activate the Service by running Project Manager, selecting your site from the Project List and pressing the "HitLens Settings" button. Once the HitLens Configuration Wizard opens, follow the step-by-step instructions to complete the setup of the Service for the selected sites.

To deactivate the Service you have to run the Project Manager, select your site from the Project List and press the HitLens Settings Button. Once the HitLens Configuration Wizard opens, press the "Deactivate HitLens" button to deactivate the Service.

Web CEO free users can activate the 15-day free trial and unless they prepay $9.95 towards their monthly HitLens spending within 15 days, the service is automatically deactivated.

Web CEO paid customers with an activated HitLens trial continue their subscription and automatically switch to the paid service on the 16th day of the service unless they deactivate HitLens within the trial period. Paid customers are emailed by support @ webceo.com 5 days before the trial expiry to be informed about this and to be given enough time for deciding whether to continue the HitLens service or deactivate it.

All Web CEO users deactivating HitLens MUST remove the embedded tracking code from their web pages and the external script (webceo.js) from their web servers to complete the HitLens deactivation and stop loading the Web CEO tracking servers.

Warning! Once you deactivate the Service for your site, all the traffic reports collected over time will be deleted. Make sure you have a local copy of this data.

TERMS OF PAYMENT

  1. The Service fee is $9.95 per month for unlimited number of projects, provided that our datacenter has tracked up to 16,000 page views in the Power Reporting Plan and up to 12,000 page views in the eCommerce Reporting Plan over a month's period.
  2. If your pages get more traffic during a month, you shall be billed as follows:

    Power Reporting Plan $0.59 per 1,000 page views
    eCommerce Reporting Plan $0.79 per 1,000 page views
  3. If you activate the 15-day free trial period for the Service and it expires before the last day of the month, or if you activated the Service after the first day of the month, you shall be billed as follows:

    Power Reporting Plan $0.59 per 1,000 page views
    eCommerce Reporting Plan $0.79 per 1,000 page views

    The number of page views shall be rounded up to the nearest thousand to simplify the billing process.

  4. In case the amount of the first bill is less than $9.95, it shall be invoiced on the second day of the month that follows the billing period and shall be charged next month together with the next invoice. In case the amount of the first bill is more than $9.95, you shall be invoiced and charged on the second day of the month that follows the billing period.
  5. When the 15-day free trial period for the Service expired and our datacenter tracked no traffic activity on your pages during 5 days, our robot shall automatically deactivate the Service for the given site.
  6. In order to stop getting charged $9.95 every month you must cancel your subscription by running Project Manager and deactivating the service. After you deactivated the Service for the site you shall be billed $9.95 subscription fee and the amount due based on the actual number of page views which had been tracked for the given site by the date of deactivation. The fees mentioned in (b) shall be applied.
  7. If you switch from the eCommerce to Power Reporting Plan or from the Power to eCommerce Reporting Plan, changes shall take effect at the beginning of the next month and you shall be billed and charged based on the eCommerce Reporting Plan fee.

TERMS OF DISCOUNTS

Your discounts will vary depending on the volume of traffic that your pages get over a month's period:

Traffic volume, page views Discount
26,000-50,000 5%
51,000-80,000 10%
81,000-125,000 15%
126,000-200,000 20%
201,000-300,000 25%
301,000-450,000 28%
451,000-650,000 31%
651,000-1,000,000 34%
1,001,000-1,500,000 37%
1,501,000-2,500,000 40%
2,501,000-5,000,000 42%
5,001,000+ 44%

PENALTIES

In case your credit card fails to cover the amount due for the services actually provided, Web CEO Limited shall impose the following penalties:

  1. If the billed services couldn't be paid, you shall be given a reminder in Web CEO to update your credit card. You shall not be allowed to activate the Service for new projects. You shall be sent a reminder to your email telling you that if you don't pay the bill, Web CEO Limited shall delete your traffic data from its servers.
  2. If the billed services are not paid in one month's time, you shall be given a reminder in Web CEO to update your credit card. You shall not be allowed to activate the Service for new projects. You shall be sent a reminder to your email telling you that if you don't pay the bill, Web CEO Limited shall delete your traffic data from its servers. You shall also be billed for the services provided during the previous month. Web CEO Limited shall stop collecting the traffic data for your projects and shall stop any further billing.
  3. If the billed services are not paid in two month's time, you shall be given a reminder in Web CEO to update your credit card. You shall not be allowed to activate the Service for new projects. Web CEO Limited shall delete all traffic data for your projects from its servers and send you the notification on your email telling you that the Service is no longer active, but you still need to pay the outstanding amount for the Service, provided earlier.

TERMS OF DEBT COLLECTION

Inasmuch as the pay-as-you-go services are billed at the end of the service period, it is possible that your credit card fails to cover the amount due for the services actually provided. In this case, the above mentioned amount constitutes your debt to Web CEO Limited. Therefore, Web CEO Limited may undertake additional attempts to charge your credit card, using the credit card information you provided, until the debt is fully paid off. Web CEO Limited may, though it does not have the obligation to, attempt to settle the debt amicably, including the use of e-mail and phone notifications and reminders.

Web CEO Limited reserves the right, at any moment of your indebtedness, to contract a debt collection agency (the Contractor) in order to claim the amount due from you as the debtor. Web CEO Limited may authorize the Contractor to undertake any appropriate legal action required to collect the debt, including filing a lawsuit. In the event an attorney's fees and/or other litigation costs are necessary to collect on an account not paid when due, said fees shall be charged to you as the debtor. Any court cost, countersuit cost, or other legal cost must be paid up front by the Contractor and charged to you, as the debtor.

Web CEO Limited also reserves the right to transfer such receivables to third parties, in which case the third party becomes interested in, and responsible for, collecting the amount due from the debtor.

DISCLAIMER OF WARRANTIES

Web CEO Limited provides the Service AS IS AND WITH ALL FAULTS, and hereby disclaims all other warranties and conditions, either express, implied or statutory, including, but not limited to, any implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Service, and the provision of or failure to provide support or other services, information, software, and related content through the Product and Services or otherwise arising out of the use of the Product and Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT AND SERVICES.

MISCELLANEOUS

This Agreement shall be governed by the laws of England and Wales, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts located in London, England and you irrevocably consent to the jurisdiction of those courts and waive any claim that those courts constitute an inappropriate venue or inconvenient forum. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will bind, insure to the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.