These Terms and Conditions (“T&C”) are regulating the use of wso.shortpixel.com ( "WSO Assessment", "WSO Optimization", "WSO", the “Website”), as well as any services provided thereto. The Website is owned and/or operated by AutomaTketing Online SRL (the "Company").
Your agreement to the content of these T&C is necessary to use WSO, therefore please read and understand this document before using our services. You must be at least 18 years old to be able to use our services. If you are under 18, you may use the Company's services only with the involvement of a parent or guardian.
You may expressly agree to the T&C when you create your account or similar, by accessing or using our services in any manner, as described below. Please note that if you do not agree to these T&C, you may not access or otherwise use any of our services.
TABLE OF CONTENTS:
3. Scope of WSO
5. Costs, payments and refunds
7. Service availability, limits in use and changes to services
8. Disclaimer and limitation of liability
10. Governing law and Dispute resolution
11. Specific provisions
12. Changes to the Terms & Conditions
14. How to contact us
“User/you” -> the individual or entity who registered for the WSO Assessment or WSO Optimization.;
“Visitor” -> the individual or entity who visits the Website without registering for the WSO Assessment or WSO Optimization;
“Services” -> all the services provided through WSO, as detailed at Section 4 below;
“Affiliates” -> the applicant to WSO’s Affiliate Program;
“Affiliate Program” -> a Company’s program consisting of third parties’ advertisement on their websites of WSO services in the exchange of a commission;
“Promotional Materials” -> advertising materials provided by the Company to be used by the Affiliates;
3. SCOPE OF WSO
Our goal is to make your website faster by assessing your website and providing you with reports where you can find what can be done to improve your site speed. Using our reports you can improve your website speed or you can let us implement the recommendations from the WSO Assessment and optimize your website.
Our service is provided by a team of WordPress Specialists. We are constantly working on providing our customers with better WSO Assessments with more up-to-date insights, to save them the effort to assess themselves the website. We also provide a WSO Optimization service where we implement ourselves the WSO Assessment. Our Services can currently be ordered from our website https://wso.shortpixel.com. We provide the following Services through the Website:
5. COSTS, PAYMENTS AND REFUNDS
5.1. FEES: The fees for the Services are provided on the Website.
5.2. BILLING: The payments for our Services can be made using our payment processor 2checkout.
5.3. PRICE MATCHING: This website does not currently support Price Matching.
5.4. REFUND POLICY: If a customer orders a WSO Assessment and he doesn't find useful all the information we provide in the reports he will be eligible for a refund of the amount already debited for that WSO Assessment. If the client ordered a WSO Optimization and would like a refund he will not be eligible for the refund.
6.1. All content on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software etc. is the property of the Company or its content suppliers and is protected by domestic and international copyright laws.
6.2. You only have the right to use the WSO Assessments reports for your site improvements. You can use them on a non-exclusive and temporary basis, namely while you implement the recommendations from the reports. Therefore, the Company grants you a limited license to access and make personal use of these WSO Assessment reports and not to multiply, copy or modify them or any portion of them, except with express written consent of the Company. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of reports information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction services.
6.3. This Website or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of the Company. The use of spiders, robots, scrapers or any other means, whether through the use of automated software or through a physical or mechanical system, is strictly prohibited.
6.4. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of the Company and our affiliates without our express written consent. You may not use any meta tags or any other "hidden text" utilizing the Company's name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company. You may not use any Company logos or other proprietary graphic or trademark as part of the link without our express written permission.
6.5. If you do post content or submit material and unless we indicate otherwise, you grant the Company and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant the Company and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the applicable legal provisions and will not cause injury to any person or entity; and that you indemnify the Company and its affiliates for all claims resulting from content you supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.
6.6. The Company and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us as mentioned at section 14. How to contact us below and submit a claim of copyright infringement.
7. SERVICE AVAILABILITY, LIMITS IN USE AND CHANGES TO SERVICES
7.1. Service availability
This Website is provided by the Company on an "as is" and "as available" basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials or products included on this Website. You expressly agree that your use of our Services is at your sole risk.
i. Visitors may post reviews, comments or other content as well as other communications and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, discriminatory, racist, containing hate speech or similar, threatening, defamatory, invasive of privacy, infringing on intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
ii. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
iii. The Company reserves the right (but not the obligation) to remove or edit such content, if detected. Also, the Company reserves the right to limit your use of the Services in duly justified cases, such as the cases detailed above.
7.3. Changes to Services
i. The Company and its affiliates reserve the right to refuse Service, terminate accounts, remove or edit content or cancel orders (i) if we believe that you may be in breach of these T&C, (ii) if you are misusing the Services
(e.g. using our Services in an illegitimate way) or (iii) when there is any business justification to do so.
8. DISCLAIMER AND LIMITATION OF LIABILITY
8.1. By purchasing a product from WSO, you hereby acknowledge and accept that you are responsible for making a backup of all the site and database before sending to the Company any access information.
8.2. To the extent permitted under the law, the Company cannot be held responsible for any kind of indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the Services (e.g. offensive or defamatory statements, down time or loss, use of, or changes to, your information or content) that you or a third party may suffer as a result of the fulfillment by the Company of the obligations incumbent to it based on these T&C.
8.3. The Company may also provide links and pointers to Internet sites maintained by third parties. Neither the Company nor its affiliates operate or control in any respect any information, products or services on these third party websites. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their websites. The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
8.4. The material in this Website and the third party websites are provided "as is" and without warranties of any kind either expressed or implied of merchantability and fitness for particular purpose or the full and continuous functionality of the Services, without interruptions or errors. To the fullest extent permissible pursuant to the applicable law, the Company disclaims all warranties, expressed or implied, including but not limited to the operation of this Website or the information, content, materials, or products included on this website.
8.5. The Company does not warrant that this website, its servers or e-mails sent by the Company are free of viruses or other harmful components. To the extent permitted by the law, the Company will not be liable for any damages of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
8.6. The Company attempts to be as accurate as possible in describing a product or service. However, the Company does not warrant that product descriptions or other content of this site is complete, current or error-free. Therefore, you expressly agree that your use of this Website is at your sole risk. However, we assure you that we are using our best endeavors to offer you the best user experience when using our Services.
8.7. You and Company hereby expressly agree that the liability of the latter for all claims in the aggregate raised in relation to the Services shall not exceed EUR 1000.
8.8. You agree to indemnify and hold the Company and any of its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions or any terms and conditions it incorporates by reference, or your violation of any law or the rights of a third party.
8.9. You hereby confirm your acknowledgement that the legal provisions on the right to withdrawal from the contract are not applicable to the Services, as these fall under the exception regarding the provision of digital content provided with the prior express consent of the consumer and which is not delivered on a material medium.
9.1. The agreement set by these T&C is concluded on an finite period of time. It ends when the user receives the WSO Assessments Reports.
9.2. However, you may cancel the agreement with WSO anytime, by sending an email to: email@example.com
10. GOVERNING LAW AND DISPUTE RESOLUTION
10.1. These T&C are governed by the provisions of the Romanian legislation*.
10.2. Parties will use their best endeavors to amicably settle any potential dispute that may arise in relation to the use of Services in accordance with these T&C.
10.3. Any complaints regarding the Services may be addressed to the Company by using the contact details mentioned at section 14 below.
10.4. When no amicable settlement could be reached, any litigation that may be initiated in relation to these T&C shall be settled by the competent courts at the headquarters of the Company, if not otherwise provided by the law.
* Art. 9 in Government Emergency Ordinance no. 34/2014 on consumer rights in contracts concluded with professionals, as well as for amending and supplementing other normative enactments
Art 16 let. m) from the Government Emergency Ordinance no. 34/2014
11. SPECIFIC PROVISIONS
11.1. WSO AFFILIATE PROGRAM AGREEMENT
This section describes the terms and conditions for participation in the WSO Affiliate Program. For the scope of this section, the Affiliate and WSO shall collectively be referred to as the “Parties”.
By joining the Affiliate program, the Parties agree to the following:
i. Company shall make available to Affiliate certain banner advertisements, button links, text links and/or other graphic or textual material for display and use on the Affiliate website;
ii. Affiliate shall display these as Affiliate sees fit, provided that the manner of display shall be subject to these T&C.
Out Affiliate Program is available for through the 2Checkout affiliate network. To enroll in the Affiliate Program you must submit an affiliate application and be approved at https://www.avangatenetwork.com/affiliates/sign-up.php?merchant=250313459586. Applications are processed daily and applicants will be notified of their acceptance status as soon as possible after their information is reviewed.
11.1.2. AFFILIATE URL
Once you become an approved member of the WSO Affiliate Program, you will be able to generate special campaign URLs which will allow you to be paid for affiliate referrals.
i. Affiliates will receive 15% of the sale as a commission from orders placed through properly coded Affiliate links. Company may decide at any time changes in the Commissions.
ii. To start selling, all you need to do is display product information and “Buy now” links on your website.
Guaranteed affiliate commission
When a visitor follows a link or banner from your site, 2Checkout keeps track of your Affiliate ID for 120 calendar days. That's 4 months during which any order placed by the same user guarantees your affiliate commission.
It's as easy as 1, 2, 3...
2Checkout takes care of the ordering process, product delivery and customer support.
- No need to store any software on your servers, or keep track of licenses
- No hassles related to invoicing or payments from customers
- No setup fee, no start up cost, no hidden performance targets to reach!
You will also benefit from comprehensive affiliate reports that will show you exactly how you perform.
11.1.4. USE OF PROMOTIONAL MATERIALS
The Affiliate’s use and display of the Promotional Materials on the website shall conform to the following terms, conditions and specifications:
i. Affiliate may not use any graphic, textual or other materials to promote Company’s Website, products or services other than the Promotional Materials, unless Company agrees to such other materials in writing prior to their display.
ii. Affiliate may only use the Promotional Materials for the purpose of promoting Company’s website (and the products and services available thereon), and for linking to Company’s website.
iii. Affiliate will not alter, add to, subtract from or otherwise modify the Promotional Materials as they are prepared by the Company. If Affiliate wishes to alter or otherwise modify the Promotional Materials, Affiliate must obtain prior written consent from Company for such alteration of modification.
i. The Company pays Affiliates by means the commissions every 16th of the month for the previous months, either transferred to your 2Checkout prepaid debit MasterCard or sent via wire transfer, check, or PayPal.
11.1.6. WSO ANTI-SPAM POLICY
WSO strictly prohibits Affiliates from using spam e-mail and other forms of Internet abuse to seek sales. Spam is defined as including, but not limited to, the following:
i. Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of the recipient through an opt in subscription;
ii. Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules.
Be conscious of forum rules! If a forum owner or moderator complains that an Affiliate has spammed, the affiliate account may be permanently terminated after investigation.
iii. Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
iv. Solicitations posted to chat rooms or to groups or individuals via Internet Relay Chat or "Instant Messaging" system.
11.1.7. ACCOUNT TERMINATION
Upon the receipt of a credible complaint regarding any of the situations mentioned at point 11.1.6. above, the WSO Affiliate Program manager may investigate the complaint, and if proves to be grounded, may terminate the affiliate account of the individual involved in the abuse, at its sole discretion and with or without prior notice. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account.
11.1.8. RELATIONSHIP OF PARTIES
i. Affiliates are independent contractors and nothing in these T&C will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the Parties.
ii. Affiliates have no authority to make or accept any offers or representations on behalf of the Company.
iii. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.
11.2.1. REFERRAL LINKS
Referrals should only be used for personal and non-commercial purposes, and only shared with connections that will appreciate receiving these invitations. Referral links should not be published or distributed where there is no reasonable basis for believing that the recipients are personal connections (such as coupon websites, Reddit, or Wikipedia).
11.2.2. REFERRED FRIENDS
i. Referred friends that have purchased the WSO Assessment should inform us via email the referrer email address. We will then grant a 30% discount to the referrer for the WSO Optimization for his site.
ii. The same referrer can accumulate more discounts by multiple referral friends' WSO Assessments. However, he can use only one discount per WSO Optimization.
i. The Company may suspend or terminate the Affiliate Program or a User’s ability to participate in the Affiliate Program at any time if a justification may be provided in this regard.
ii. Requirements and incentives may also change at any time, with prior notification to the Users.
iii. We reserve the right to suspend accounts or remove referrals if we notice any activity that we believe is abusive or fraudulent.
iv. We reserve the right to review and investigate all referral activities and to suspend accounts or cancel or modify referrals, as necessary.
12. CHANGES TO THE TERMS & CONDITIONS
12.1. Amendments may be brought to these T&C from time to time. Such amendments may include but are not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Affiliate Program rules.
12.2. In case of changes, we will inform you and will give you the opportunity that in 15 days to review the changes and to refuse the updated T&C.
12.3. If you do not agree with the changes, you may not use our Services anymore and the agreement with us will be terminated. The termination of the agreement will be effective at the date when the new version of T&C becomes applicable.
13.1. In accordance with art. 1203 from the Romanian Civil Code, parties hereby expressly accept the provisions of clauses 8.1, 8.2, 8.3, 8.4, 8.5, 8.6, 8.7, 8.8, 8.9, 10.4 and 11.1.7 of these T&C.
13.2. If any term or provision in these T&C is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final and non-appealable, then, the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken here from in its entirety, and unless such term or provision is material to the performance of these T&Cs, the remainder of these T&Cs shall survive with the said offending provision eliminated.
13.3. Any log-in credentials provided by the Company to the User, are treated confidentially and are used only for the intended purpose and in connection with the relevant API. The User warrants that adequate security measures are in place at its facilities to prevent unauthorized access or use.
13.4. If these T&C are provided in more languages, parties hereby agree that the Romanian language version is binding, other translations being for convenience only.
13.5. These T&C represent the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
14. HOW TO CONTACT US
AUTOMATKETING ONLINE SRL
Address: Bucuresti, Str. Caloian Judetul nr.7, Sector 3, 031114
The failure of the Company to enforce any provision of these Terms and Conditions shall not be construed as a waiver or limitation of the Company's right subsequently to enforce and compel strict compliance with every provision of these Terms and Conditions.