General and Speed Optimization Terms of Service
General and Speed Optimization Terms of Service
This website is operated by WpFASTER, a The Philosopher: Online Publishing and Investments company. Throughout the site, the terms “we”, “us” and “our” refer to WpFASTER/The Philosopher: Online Publishing and Investments. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our FAQ page constitutes an extension/particularization of the key elements of our Terms of Service. By placing an order your are acknowledging that you have read, understand and agree to the items on that page as if they were all present on this page. By placing an order you are certifying that you have read our FAQ page in its entirety.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services and you will not be entitled to a refund.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; OUR GUARANTEE/REFUND POLICY & EARLY TERMINATION/PROJECT CANCELLATION/PAYPAL DISPUTES
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall WpFASTER, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
We are so confident in our Complete WordPress Speed Optimization Service that if we fail to improve your website’s real-world performance you not only get your money back, you get it back 110% (i.e. the purchase price plus 10%). If your project is eligible for refund/our guarantee, you have 3 days (72 hours) from the date and time stamp on the Project Completion email sent to you to request your money back.
Real-World Performance Defined
The GENERAL purpose of our service is to optimize the following performance metrics, as garnered with Google’s real-world performance testing platform, WebPageTest.org:
- TTFB (Time to First Byte);
- Start Render Time;
- Time to Above-the-Fold Visual Completion;
- First Paint Time;
- domContentLoaded Time;
- Time to Interactivity;
- And Google’s Speed Index.
The PRIMARY purpose of our service is to improve Speed Index. Two notes, however:
- Speed Index is skewed by above the fold animations (e.g. ads, sliders, any thing that moves after the page loads, basically). If your site has above the fold animations, our primary objective is an improvement to:
- First Paint
- Start Render
- Some metrics can get worse while the metrics we are primarily after improving get better. This is normal, expected behavior and part and parcel to optimizing for real-world performance (i.e. Perceived Speed).
If a project is eligible for refund/our guarantee, there are two points — and only two points — at which it is:
- Before you receive your Order Confirmation email from your Project Manager requesting login credentials;
- After you receive your Project Completion email and we were unable to improve your site’s real-world performance.
THE SALE IS OTHERWISE FINAL, EVEN IF WE WERE, THROUGH NO FAULT OF OUR OWN, UNABLE TO IMPLEMENT THE PERFORMANCE ARCHITECTURE WE HAVE DEVISED FOR YOUR WEBSITE.
Please note: By the time we request logins via your Order Confirmation email, your project has already been completed with the only thing left to do being implementation of the performance architecture we have devised. If you wish to cancel your order at any time after we have requested login credentials, but before you receive your Project Completion email, even if we were, through no fault of our own, unable to implement your site’s new performance architecture, your project’s purchase price is not refundable, the sale is final. Our service is analogous to ordering a custom cake from a bakery. Once you order your ‘cake’, we make it then notify you that it’s done (via your Order Confirmation email). If you no longer want your cake after we make it that is of course up to you; however, we are now stuck with a cake that we cannot give to anyone else. No longer wanting the cake you ordered does not mean you get your money back for the cake we spent time and resources making.
- Economy projects, sites hosted on restrictive hosting platforms (see above) and sites residing in a development/testing environment are ineligible by default.
- If you change the site we are to optimize at any point after you order the project is ineligible by default.
- If we find your site’s hosting to be part of the problem and we recommend a more appropriate host/hosting environment and you do not take our advice, the project is ineligible for refund/our guarantee.
- If your site is in any way ‘broken’ or suffering some or another development issue at the time the project commences (e.g. rendering issues, incompatibilities, errors and anomalies of any kind, etc);
- Sites making use of Ezoic (or any other ad platforms that essentially commandeer a website via DNS) are not eligible;
- You may add pages, posts, products and images, but if you engage in development in any way while your project is in progress (i.e. altering the site’s code base or server), the project is ineligible for refund;
- Special instructions or restrictions to which we must adhere and/or the rejection of a reasonable recommendation we make automatically renders the project ineligible, even if we were, through no fault of our own, ultimately unable to implement your site’s new performance architecture;
- You must elect Enhanced Reporting when ordering. Note: If you order Enhanced Reporting and we are unable to provide you with it through no fault of our own, the Enhanced Reporting fee is non-refundable;
- You must elect the “Flawless Cache” option when ordering;
- You must allow us (and we must be able) to implement (or configure) CloudFlare;
- At the time your project begins, your site must be running the latest version of WordPress with all installed plugins and the theme it is using up to date. Project sites that are not running the latest version of WordPress and/or some installed plugins and/or the theme they are using are not up to date at the time the project begins come with no guarantee, warranty, right to refund or (free) post-project support;
- At the time your project begins, your site must be making use of the latest recommended versions of PHP and MySQL (or Maria DB) as recommended by WordPress;
- If you have some sort of server-side caching schema (e.g. NGINX, Redis, Memcached etc) active, and there is no working means by which to deactivate or properly purge these caches in your WordPress Admin area, we may need you to deactivate or remove these in order for us to implement your site’s new performance architecture. We do not login to servers and therefore will not do this for you. If you are unwilling or unable to remove or deactivate these caches in the event they hinder our ability to implement your site’s new performance architecture, you should not place the order. Unwillingness or inability to remove server-side caching, in the event that it proves problematic, is not grounds for a refund;
- Purchases made using a discount code are ineligible;
- Re-optimizations: If we have optimized your website previously, there is no guarantee of performance improvement upon subsequent optimizations. While performance improvements almost always do happen with re-optimizations (especially if you have made major changes to your website since we last worked on it) the primary purpose of re-optimization is thorough testing and analysis to make sure all of the latest optimization technologies and techniques are applied, and, to make certain the performance architecture we have devised is still functioning properly with your website relative to any changes you may have made after its previous optimization, not necessarily to improve performance any more than we already have. It may help to think of your website’s total performance architecture as one big plugin: it will need to be updated from time to time;
- Communication: If we send you a correspondence and you do not reply within 30 calendar days or we are unable to complete your project within 30 calendar days of your order date through no fault of our own, your purchase price will be converted into a Project Monitoring and Maintenance fee and you will lose your right to refund even if we have yet to begin implementation of your site’s new performance architecture. At which point, if you would like us to resume your project, you will need to repurchase an optimization package.
These are non-negotiable. As such, if you have any questions about our guarantee/refund policy, please contact us before placing the order.
Discrepancies Between the Total Number of URLs Reported When Ordering and the Actual Number of Total URLs in Your Sitemap/Sitemap Index:
If at any time during your project we discover that the total number of URLs indicated on your order form differs from the total number of URLs actually present in your sitemap/sitemap index, and this difference moves your project into a different pricing tier, you agree to pay the difference inside of 24 hours from the timestamp on the email notifying you of the discrepancy. If you refuse to pay the difference or ignore our correspondence, the performance architecture we have implemented, if one has been implemented, will be removed and you will not be entitled to a refund.
Absurd, Capricious, Arbitrary, Ignorant or Scam Refund Requests:
Refund requests that WpFASTER – at its sole discretion – determines to be absurd, capricious, arbitrary, ignorant or a scam-for-free-work will not be honored and will likely be ignored altogether.
If we send you a correspondence and you do not reply within 30 calendar days or we are unable to complete your project within 30 calendar days of your order date through no fault of our own, your purchase price will be converted into a Project Monitoring and Maintenance fee and you will lose your right to refund even if we have yet to begin your project. At which point, if you would like us to proceed with your project, you will need to repurchase an optimization package.
If you cancel your project for any reason after you place your order, a minimum Early Termination/Project Cancellation Fee of $100 (USD) will be assessed. NOTE: By the time you receive your Order Confirmation email your project has already essentially been completed. If you wish to cancel your order at any time after we send your Order Confirmation email, but before you receive your Project Completion email, even if we were, through no fault of our own, unable to implement your site’s new performance architecture, at least 95% of your project’s purchase price will be withheld from refund and in all likelihood 100%.
Disputes: If you open a PayPal dispute at any time after your project is complete, you are, by that act, authorizing us to login and remove the performance architecture we have implemented without any right to a refund of any kind.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless WpFASTER and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida, USA.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org, or The Philosopher: Online Publishing and Investments, Attn: WpFASTER, P.O. Box 53 Fort Myers Beach, FL USA 33931.