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 speedyserp License, speddeyserp 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 support@speedyserp.com 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 speedyserp for the use of the speedyserp 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 speedyserp for the provision of the support service. In this respect, the Customer agrees to provide speedyserp with their login or access code to the WordPress Content Management System or to perform the operations recommended by speedyserp in order to deal with any malfunctions identified by the Customer.

8. SPEEDYSERP OBLIGATIONS

Speedyserp is only subject to a best-efforts obligation.

speedyserp agrees to use its best efforts to ensure the proper delivery of the license for use of the speedyserp plugin.

speedyserp 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.

Speedyserp agrees to employ all means to ensure the ongoing availability, continuity, and quality of the services provided 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 Speedyserp, beyond Speedyserp’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 Speedyserp may be viewed at www.speedyserp.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.

Speedyserp 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 Speedyserp until full payment is received.

Payment is due and payable upon placement of an order.

Customers may pay “via” 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 Speedyserp 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 Speedyserp’s account until the Product activation key has been delivered by Speedyserp.

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 DISCLAIMER AND REFUND POLICY

12.1 CLAIMS UNDER THE WARRANTY

The warranty provided by Speedyserp 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://speedyserp.com/privacy-policy-2/

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

Speedyserp 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.

Speedyserp 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.

Speedyserp 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.

Speedyserp 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 Speedyserp.

Speedyserp 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 Speedyserp or has not performed the operations recommended by Speedyserp following the identification of a malfunction by the customer during the performance of the Agreement.

Speedyserp 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 Speedyserp.

In any event, speedyserp 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, or any unfortunate event or occurrence resulting from the Act of God, 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 causes 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 Speedyserp 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 “promotional” initiatives, as well as Website content and offers;
• Receipt of customized offers.

17.2 RECIPIENTS OF PERSONAL DATA

Speedyserp agrees to take all to prevent such data from being altered, damaged, fabricated, falsified, or accessed by unauthorized third parties 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

Speedyserp agrees and abides by the company policies to not sell, transfer, or disclose the collection of the Personal Data of our clients & users to any third party, subject to the exclusion of the request from the authorities inter alia, as mentioned above in Clause 17.2.

17.5 CUSTOMER’S RIGHT TO OPPOSE, CORRECT, AND DELETE PERSONAL DATA

Customers have the right to access, challenge, modify, correct, stash, deny, and delete their Personal Data.

Customers also have the right to oppose, deny, pause, and restrict the processing of their Personal Data, provided they have legitimate reasons to do so, as well as the right to oppose, deny, pause, and restrict the use of such data for the purposes of sales or marketing 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 Speedyserp via the “Contact” page or to support@speedyserp.com.

18. COOKIES

Information on the Customer’s browsing on the Website is stored by cookies.

Pursuant to necessary requirements as per the 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 Speedyserp is the exclusive property of speedyserp, which is the holder of all the related intellectual property rights.

The Customer & the visitor/user agrees not to copy, reproduce, replicate, or download all or any part of its content, without written and express prior authorization from W3SpeedUp.

Any full or partial copy, reproduction, replication, or download of website content created by W3SpeedUp is liable to constitute an infringement and attract relevant legal provisions according to the applicable jurisdictional authorities.

Upon the initiation of the contract, the Customer agrees not to copy, replicate, reproduce, or attempt to reproduce the plugin offered by speedyserp.

Speedyserp’s granting of a License for use shall not entail the transfer of ownership of intellectual property rights in the product, in any capacity, whatsoever.

Any Product for which a License is granted remains the property of Speedyserp (before, during, and post granting of the license). Accordingly, pursuant to the Agreement, the Customer only acquires from Speedyserp a non-exclusive, non-transferable personal right to use the Products featured in the online order, strictly according to the policies of the said company.

20. GOVERNING LAW AND JURISDICTION

All disagreements and disputes regarding the validity, interpretation, implications, performance, consequences, and expiry of these General Terms and Conditions of Sale & Service shall fall under the jurisdiction of courts in Jaipur, Rajasthan (India), and be governed by Indian laws.

All disputes relating to the formation, interpretation, validity, performance, amendment, or termination of the contractual relations established between a trading Customer and Speedyserp, as well as all disputes regarding either Party’s liability in tort or otherwise, shall be referred to the courts of Jaipur, Rajasthan (India).

All disputes relating to the formation, interpretation, validity, performance, amendment, or termination of the contractual relations established between a non-trading Customer and Speedyserp shall be referred in accordance with the provisions of the law of the land regarding the assignment of jurisdiction.