BFS10
WWW.W3SPEEDSTER.COM – GENERAL TERMS AND CONDITIONS OF SALE – JULY 2020
w3speedster.com is a specialized catalog-based e-commerce and e-services website. The website is published and operated by W3Speedster, an Indian private limited company registered under the Companies Act of 2013, with its registered office at 701, Okay Plus DP Metro, New Sanganer Road, Ganesh Nagar, Ramnagar, Jaipur, Rajasthan, 302019 (India).
1. Definitions
Agreement: the online order confirmed by the Customer, setting out the items ordered, features, prices, bank or other payment details where applicable, and these General Terms and Conditions of Sale.
Customer(s): any individual or legal entity wishing to benefit from the services provided by W3Speedster.
Parties: W3Speedster and the Customer.
Personal Data: Personal data or Personal Information, as defined by the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, means any information that relates to a natural person, which either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.
Plugin: the W3Speedster plugin for the WordPress content management system.
Products: the Products as presented in clause 6 hereof.
Service: Support and Updates.
Support: the support, assistance and/or maintenance services provided by W3Speedster, including support, maintenance and upgrading services under the License, on the condition that such modifications or upgrades would not require rewriting of a substantial part of the existing Plugin.
Technical Requirements: the latest version of the list of hardware and system specifications recommended by W3Speedster and appropriate for the use of the plugins, which the Customer must implement and maintain in compliance. The Customer shall be responsible for managing their use of WordPress and for upgrading their hardware and systems in accordance with changes made to the Technical Requirements.
Update: the improvements made to the existing standard application services accessible via the Service and decided upon unilaterally by W3Speedster, in terms of feature upgrades and on the condition that such modifications or upgrades do not require rewriting of a substantial part of the existing standard application services. Updates include corrections to any anomalies in the Service. Updates are provided as part of the Support service.
Website: www.w3speedster.com
2. Scope of application of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale set out the technical, legal, and financial terms and conditions subject to which W3Speedster provides its Customers with a plugin for the WordPress Content Management System via its website at www.w3speedster.com.
3. Acceptance and Enforceability of the General Terms and Conditions
The Customer represents that it has read, understood, and accepted these General Terms and Conditions.
The Customer represents that it has the capacity to contract and that it holds the necessary authorization and powers to do so.
The Customer is regularly reminded of these General Terms and Conditions of Sale at the bottom of each page of each order. They are enforceable against all Customers.
Accordingly, every order placed via w3speedster.com entails the Customer’s unconditional acceptance of the General Terms and Conditions of Sale.
The Customer is advised to save a copy of and/or print out these General Terms and Conditions of Sale. W3Speedster may also send a copy of these General Terms and Conditions of Sale to any person so requesting.
W3Speedster reserves the right to revise these General Terms and Conditions of Sale at any time. As far as possible, W3Speedster shall notify revisions made to the General Terms and Conditions of Sale via an announcement on w3speedster.com. Notwithstanding, W3Speedster advises the Customer to consult the General Terms and Conditions of Sale regularly and before placing any further order.
Users may download or consult the revised General Terms and Conditions of Sale at: {provide link}
Acceptance of these revised General Terms and Conditions of Sale is carried out via the process defined in the clause entitled “Acceptance and Enforceability of the General Terms and Conditions of Sale”.
Use of the Application after the effective date of the revised General Terms and Conditions of Sale shall imply acceptance of the revised General Terms and Conditions of Sale. The revised General Terms and Conditions of Sale shall come into force on the date of their publication unless it is specified that their effectiveness is deferred until a later date.
The version applicable to a given order shall be the version applicable to the date on which payment is confirmed.
Unless otherwise stated, the revised General Terms and Conditions of Sale shall cancel and supersede all interactions occurring between the Parties prior to the order.
Exceptions to these General Terms and Conditions of Sale shall only be enforceable against W3Speedster if they have been duly agreed and recorded in a written document signed by W3Speedster.
4. Ordering
4.1 Creating a Customer Account requires a login and password
To place an order, the Customer may create their personal Customer Account beforehand by following the instructions on the website.
The Customer can then log in to their Customer Account using their login and password.
The Customer is solely liable for all use that is made of their login and password. The Customer is solely liable for keeping their login and password confidential. Accordingly, W3Speedster shall on no account be held liable for any loss or damage arising from the use by an unauthorized third party.
4.2 Placing an order
To place an order, the Customer must follow the steps described below:
- Go to the Website;
- Follow the instructions on the Website and connect with a login and password if already registered;
- Select the required Product;
- Check the order summary and correct any errors;
- Enter the promotional code, if any;
- Select the required payment method;
- Accept these General Terms and Conditions;
- Confirm the order and the total price excluding taxes;
- Complete the payment procedure.
W3Speedster reserves the right to cancel the order in the event of error or omission in entering the required fields.
4.3 Order confirmation
The Customer receives an order confirmation email including a summary of the order. The order is not firm and final until W3Speedster sends this email confirmation. W3Speedster advises the Customer to save a copy of or print out the email confirmation of the order.
5. Products and Services
5.1 Product and Service Factsheets
The basic features of each Product offered via the Website are set out in a corresponding factsheet, which may be viewed on said Website.
5.2 Specific features of Products and Services
5.2.1 License for use of the plugin
The product granted by W3Speedster is a license for use of the W3Speedster plugin.
There are 3 annual licensed plans:
- Sole Optimizer: One year of support and updates for 1 website.
- Triple Booster: One year of support and updates for 3 websites.
- Multi Achiever (Developer Plan): One year of support and updates for 50 websites.
If you are using a previous lifetime license of W3speedster, you can continue with the plan.
The license key once allotted to a domain can only be changed once within 15 days from the date of purchase.
5.2.2 Support and update service
The purchase of a W3Speedster plugin license comes with one-year support effective from the order date.
The IT support service applies only to the use of the License it is sold with.
Updates are installed on W3Speedster’s recommendation. W3Speedster is not responsible for the actual installation of updates on the Customer’s hardware or for any technical consequences arising thereof.
6. Receipt of Products, Non-receipt, Complaints
6.1 Receipt of Products
Receipt of the Products is complete once the Customer activates the download link.
6.2 Non-receipt
If the Customer fails to receive the activation key for the W3Speedster License, W3Speedster will cancel the code that has been transferred. A new activation code for the License will be generated and sent via email to the Customer.
6.3 Complaints
The Customer is prompted to supply a valid email address in order to receive the API activation key.
Before making a complaint, Customers are advised to check their Spam folder for the email containing the activation key.
In the event that, after the required checks have been performed, the delivery email was not received, the Customer is advised to send their comments by email to: [email protected] with their order number as stated in the confirmation email.
7. Customer’s cooperation and obligations
The Customer shall see that its hardware and systems comply with the Technical Requirements for use of the Product. The Customer shall install the updates recommended by W3Speedster for the use of the W3Speedster plugin.
The Customer shall provide all items and information necessary or useful for the purpose of making improvements to the plugin, in particular by submitting a support ticket whenever a malfunction is identified in the plugin.
The Customer agrees to cooperate with W3Speedster for the provision of the support service. In this respect, the Customer agrees to provide W3Speedster with their login or access code to the WordPress Content Management System or to perform the operations recommended by W3Speedster in order to deal with any malfunctions identified by the Customer.
8. W3Speedster’s obligations
W3Speedster is only subject to a best-efforts obligation.
W3Speedster agrees to use its best efforts to ensure the proper delivery of the license for use of the W3Speedster plugin.
W3Speedster agrees to exercise all due care and diligence necessary in order to provide a quality IT support service in accordance with industry practice and the current state of science and technology.
W3Speedster agrees to employ all means to ensure the ongoing availability, continuity, and quality of the services provided for by the Agreement.
The Customer hereby acknowledges that fluctuations in bandwidth and contingencies related to Internet service providers and domain name registrars may interrupt access to the service offered by W3Speedster, beyond W3Speedster’s control.
9. Price and payment
9.1 Price
9.1.1 Pricing
The prices and technical specifications of the Products and Services offered by W3Speedster may be viewed at www.w3speedster.com.
Prices are shown in USD and include GST.
The pricing communicated to the Customer is the pricing in force as of the date of payment of a Product or Service.
W3Speedster reserves the right to revise its pricing at any time.
9.1.2 Promotional code
The Customer may use a promotional code to be entered when the order is placed. Only one promotional code is allowed per order.
9.2 Payment
Products remain the property of W3Speedster until full payment is received.
Payment is due and payable upon placement of an order.
Customers may pay by PayPal, a payment system that uses the Secure Socket Layer protocol, or by credit/debit card.
A payment undertaking given by means of a credit/debit card is irrevocable. By providing information on their credit/debit card, the Customer authorizes W3Speedster to debit their card for the amount corresponding to the price.
For this purpose, the Customer confirms that they are the holder of the credit/debit card to be debited and that the name shown on the card is the Customer’s own name. The Customer shall provide the card number and expiry date and, if required, the card security code (CSC).
Payment, whether online or on delivery, will not be debited from the Customer’s account or paid into W3Speedster’s account until the Product activation key has been delivered by W3Speedster.
The Customer agrees to receive only digital invoices.
10. Cancellation
Customers that have stated their intention of downloading the Product before the expiry of the 15-day cooling-off period and that have expressly waived the right to cancel their order shall not be entitled to cancel.
In this case, the following message appears before the Customer starts downloading:
“By downloading, I wish to have immediate access to the downloaded content and, accordingly, I waive my right to cancel my order.”
11. Termination
If either of the Parties breaches any of its contractual obligations, the other Party may automatically terminate the Agreement, without incurring any liability as a result, fifteen (15) business days after serving formal notice by registered mail with return receipt requested, to which no response has been provided although the breach could have been rectified.
12. Warranty – Warranty disclaimer
12.1 Claims under the warranty
The warranty provided by W3Speedster is limited to refunding non-conforming Products or Products containing a latent defect.
In order to file a claim, the Customer must report the existence of a defect or non-conformity within fifteen days of making the purchase.
More details: https://www.w3speedster.com/refund-policy/
12.2 Warranty disclaimer
The Customer is solely liable for the choice, storage, and use of the Products.
No claim may be made under the warranty in the event of misuse.
13. Liability
W3Speedster assumes an overall best-efforts obligation vis-à-vis the Customer, whereby it agrees to use its best efforts in performing the Service provided for herein.
W3Speedster shall not be held liable for damage resulting from the use of the plugin by the Customer after the end of a period of 365 (three hundred sixty-five) calendar days following the order.
W3Speedster shall not be held liable for repairing damage arising from the use of the Internet such as data loss, intrusion, viral attack, loss of connection, and any other incidents unrelated to the subject matter of the Service.
W3Speedster shall not be held liable for any incidental damage, including financial loss, in particular loss of profits, unless such damage results from negligence or willful misconduct on the part of W3Speedster.
W3Speedster shall not be held liable for malfunctions identified by the Customer during the use of the plugin license, if the Customer has not executed the updates recommended by W3Speedster or has not performed the operations recommended by W3Speedster following the identification of a malfunction by the Customer during the performance of the Agreement.
W3Speedster shall not be held liable for business interruption caused by the performance of its support and update service unless such damage results from negligence or willful misconduct on the part of W3Speedster.
In any event, W3Speedster’s liability shall be limited to the payment of damages not exceeding the amount paid by the Customer when placing the order.
14. Force majeure
Neither of the Parties shall be held liable for delay, non-performance, or any other breach of its obligations relating to the Order and/or the warranty where such occurrence is due to force majeure or unforeseeable circumstances.
Besides the instances of force majeure and unforeseeable circumstances generally recognized by the international courts, force majeure and unforeseen circumstances shall also include total or partial strikes, whether internal or external to the company, lockouts, adverse weather conditions, interruption of transport facilities or supply chain for any reason whatsoever, earthquakes and seismic waves, fire, storms, floods, damage caused by water, statutory or governmental restrictions, statutory or regulatory changes in forms of marketing, computer breakdowns, interruption of telecommunications services including cable or mobile telephone networks or any other cases outside the express will of the Parties that prevent the performance thereof under normal and/or reasonable conditions.
Initially, the force majeure event or unforeseeable circumstance shall have the effect of suspending performance hereof.
If the force majeure event or unforeseeable circumstance lasts for more than three (3) months and unless the Parties agree otherwise, these General Terms and Conditions of Sale shall be terminated automatically, without the need to seek a court ruling, serve formal notice or provide prior notice.
In such an event, the Parties shall not be held liable for the total or partial non-performance of their obligations hereunder.
15. Severability
If any provision of the General Terms and Conditions of Sale is declared to be invalid on grounds of nullity, voidness, lack of binding effect or unenforceability in the application of a law, regulation or final ruling handed down by a court with jurisdiction, this shall not entail the nullity, voidness, lack of binding effect or unenforceability of the remaining provisions of said General Terms and Conditions of Sale and shall have no effect on the remaining contractual provisions, which shall retain their full effect, force, and scope with regard to all of the contracting Parties.
In such an event, the Parties may agree to replace or amend the invalid provision(s).
16. Probative documents
The online entering of a credit/debit card number and confirmation of the order by the Customer shall constitute proof of the order and shall render the corresponding payment due and payable.
The following may also constitute legal proof of communications: the order, the Customer’s payment, and all documents generated from records of purchase orders and invoices in W3Speedster’s computer systems.
17. Personal Data
The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.
If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.
When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number.
Personal Data means data provided by the Customer enabling the Customer to be directly or indirectly identified.
The Personal Data that the Customer is required to provide will be processed in accordance with the GDPR rules & regulations and will be stored for three years after the end of the commercial relationship.
17.1 Purpose of processing
The Data provided when a Customer logs in or purchases a Product is processed for the following purposes:
- Access to Products;
- Preparation of invoices;
- Circulation of the newsletter, if applicable;
- Compilation of statistics on the use of the Website;
- Improvement of marketing and promotion initiatives, as well as Website content and offers;
- Receipt of customized offers.
17.2 Recipients of Personal Data
W3Speedster agrees to take all useful precautions and implement all appropriate organizational and technical measures to maintain the security, integrity, and confidentiality of Personal Data and, in particular, to prevent such data from being altered, damaged, or accessed by unauthorized third parties.
17.3 Personal Data provided to government agencies and bodies
Pursuant to applicable regulations, Personal Data may be provided to the relevant authorities on request, including government bodies, solely in order to comply with legal obligations, court officers, ministerial officials, and debt collection agencies.
17.4 Personal Data provided to third parties
W3Speedster agrees not to sell or transfer Personal Data that has been collected to third parties.
17.5 Customer’s right to oppose, correct and delete Personal Data
Customers have the right to access, challenge, modify, correct, and delete their Personal Data.
Customers also have the right to oppose the processing of their Personal Data, provided they have legitimate reasons to do so, as well as the right to oppose the use of such data for the purposes of sales prospecting.
This assurance does not apply to processing for statistical purposes where the data is processed globally and anonymously.
Customers may exercise their rights by sending an email to W3Speedster via the “Contact” page or to [email protected].
18. Cookies
Information on the Customer’s browsing on the Website is stored by cookies.
Pursuant to applicable regulations, this information may be stored for a period of up to 13 months.
Cookies do not allow the Customer to be identified.
The Customer may oppose the recording of cookies and disable them in its web browser settings, on the understanding that this may restrict their use of the Website.
19. Intellectual property
The content of the website created by W3Speedster is the exclusive property of W3Speedster, which is the holder of all the related intellectual property rights.
The Customer agrees not to copy, reproduce, or download all or part of its content, without written and express prior authorization from W3Speedster.
Any full or partial copy, reproduction, or download of website content created by W3Speedster is liable to constitute an infringement.
The Customer agrees not to copy, reproduce, or attempt to reproduce the plugin offered by W3Speedster.
W3Speedster’s granting of a License for use shall not entail the transfer of intellectual property rights in the Product.
Any Product for which a License is granted remains the property of W3Speedster. Accordingly, pursuant to the Agreement, the Customer only acquires from W3Speedster a non-exclusive, non-transferable personal right to use the Products featured in the online order.
20. Governing law and jurisdiction
All disagreements and disputes regarding the validity, interpretation, performance, consequences, and implications of these General Terms and Conditions of Sale shall fall under the jurisdiction of courts in Jaipur, Rajasthan (India), and be governed by the Indian law.
All disputes relating to the formation, interpretation, validity, performance or termination of the contractual relations established between a trader Customer and W3Speedster, as well as all disputes regarding either Party’s liability in tort, shall be referred to the courts of Jaipur.
All disputes relating to the formation, interpretation, validity, performance or termination of the contractual relations established between a non-trader Customer and W3Speedster, shall be referred in accordance with the provisions of ordinary law regarding the assignment of jurisdiction.