Terms of Service

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. These terms of service (“Terms”) are a legal agreement (“Agreement”) between you, either an individual or a single legal entity (“You” or “you”), and W3speedX, a Delaware limited liability company that owns and operates the W3speedX branded (“W3speedX”) online services available at w3speedx.com. (You and W3speedX each a “Party” and collectively the “Parties”). These Terms govern your use of any W3speedX online services (“Services”), the W3speedX website and any subpages (“Site”), the client software distributed with this Agreement and any other software provided by W3speedX, including any updates and any accompanying written documentation (collectively the “Software”). The Software, the Site and the Services may be referred to as the “Products.” By clicking the “I AGREE” or similar button, or using any Products, you signify that you have read, understand, acknowledge, and agree to be bound by the Terms. If you do not agree to these Terms, then do not indicate acceptance and do not use the Products. If you agree to these Terms on behalf of a legal entity, you represent that you have the authority to bind that legal entity to these Terms. If, after your electronic acceptance of this Agreement, W3speedX finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. W3speedX shall not be liable for any loss or damage resulting from W3speedX’s reliance on any instruction, notice, document or communication reasonably believed by W3speedX to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, W3speedX reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you. DESCRIPTION OF THE SERVICE W3speedX is a WordPress management console, managing virtually any number of WordPress sites including, but not limited to, management, monitoring, backup, deployment, publishing, and security tools. 1. Account & Fees, Including Automatic Renewal Terms 1.1 You must register with W3speedX to use the Services, and you agree to keep your registration information accurate, complete and up-to-date as long as you continue to use the Services. If W3speedX has reason to believe that your registration information is untrue, inaccurate, out-of-date, or incomplete, W3speedX reserves the right, in its sole and absolute discretion, to suspend or terminate your account. W3speedX currently offers a free account with limited functionality (“Free Account”), and various fee-bearing accounts offering feature enhancements (“Paid Accounts”). 1.2 Our charges to provide the Services to Customer are set out on the Order (“Fees”). Fees applicable to any renewal Term will be at our then-current rates, provided that we have notified Customer that an adjustment will take effect at the time of renewal prior to the date by which Customer may opt out of the applicable renewal. 1.3 If you sign-up for a Paid Account, you agree to pay the fixed subscription and variable usage-based fees, if any, for the account type you have selected and agree to any applicable restrictions and quotas, including the number of websites you are allowed to integrate with our Products. If you exceed any quota allocated to your account, you agree that W3speedX may upgrade you to another type of account with a higher quota or may restrict your usage if you fail to upgrade. As stated in further detail below, if you use a credit card for payment, you authorize W3speedX to automatically renew your subscription and charge the then-current renewal fees to the credit card associated with your account unless you notify W3speedX in advance that you do not want your subscription renewed. You may cancel your subscription prior to the next billing date to avoid future charges. Service will continue until the end of the current billing period, but no service fees will be refunded. 1.4 If you have signed up for a W3speedX Paid Account, any discounts agreed upon with your order will be honored throughout the period specified of your license. Any life-time discounts that have been applied to your account will remain in effect for as long as you maintain a Paid Account that remains in good standing with W3speedX and does not violate these Terms. If the account owner fails to pay for services within ten days of the payment due date or discontinues Paid Account services, any and all discounts applied to the user’s account forfeits their life-time discounts and the life-time discount will no longer apply. Unless otherwise stated on the Order or herein, Customer will be charged the Fees beginning on the Effective Date. 1.5. IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, ALL SERVICES ARE OFFERED ON AUTOMATIC RENEWAL. EXCEPT FOR REASONS DESCRIBED BELOW IN THIS SECTION, AUTOMATIC RENEWAL AUTOMATICALLY RENEWS THE APPLICABLE SERVICE UPON EXPIRATION OF THE THEN CURRENT TERM FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD. FOR EXAMPLE, IF YOUR LAST SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL TYPICALLY BE FOR ONE YEAR. HOWEVER, IN THE EVENT RENEWAL WITH THE PAYMENT METHOD ON FILE FAILS, MANAGEDWP MAY ATTEMPT TO RENEW THE APPLICABLE SERVICE FOR A PERIOD LESS THAN THE ORIGINAL SUBSCRIPTION PERIOD TO THE EXTENT NECESSARY FOR THE TRANSACTION TO SUCCEED.UNLESS YOU DISABLE THE AUTOMATIC RENEWAL OPTION, MANAGEDWP WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH MANAGEDWP AT MANAGEDWP’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. IN ORDER TO SEE THE RENEWAL SETTINGS APPLICABLE TO YOU AND YOUR SERVICES, SIMPLY LOG INTO YOUR ACCOUNT FROM THIS SITE AND FOLLOW THE STEPS FOUND HERE. IF YOU DO NOT WISH FOR ANY SERVICE TO AUTOMATICALLY RENEW, YOU MAY ELECT TO CANCEL RENEWAL, IN WHICH CASE, YOUR SERVICES WILL TERMINATE UPON EXPIRATION OF THE THEN CURRENT TERM, UNLESSS YOU MANUALLY RENEW YOUR SERVICES PRIOR TO THAT DATE (IN WHICH CASE THE SERVICES WILL AGAIN BE SET TO AUTOMATIC RENEWAL). IN OTHER WORDS, SHOULD YOU ELECT TO CANCEL YOUR PRODUCT AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND MANAGEDWP SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME. 2. Refunds 2.1 W3speedX Classic refunds are issued if you request a refund before the end of your subscription period. Refunds will not be issued for Products already used. If you are interested in a refund, contact W3speedX immediately to avoid additional fees. For monthly subscriptions to Paid Accounts, refunds are prorated based upon the number of unused days of service that Products were used for that monthly period. 2.2 For annual W3speedX Classic subscriptions, refunds are prorated based upon the number of unused months of service that Products were used. For biennial subscriptions, refunds are prorated based upon the number of unused months and the cost of the first year of of service that Products were used. If you took the annual plan, the refund will be based on the price for the monthly plan for months used so far. If you took biennial plan, the refund will be calculated based on the prices for yearly plan for one full year and monthly plan for the remainder of months used. 2.3 W3speedX Orion is a postpaid service, and as such it’s not eligible for refunds, since refunds are not issued for Products already used. 3. Term & Termination 3.1 These Terms, and any posted revisions, remain in effect as long as you continue to maintain an account or use the Services. You may terminate your account at any time, for any reason, by following the instructions on the Site and discontinuing use of the Products. If you have a Free Account, W3speedX may terminate your account and these Terms immediately and without notice if your computer fails to access the Services for more than thirty (30) days or you fail to comply with these Terms. 3.2 If you have a Paid Account, W3speedX may terminate your account and these Terms immediately and without notice if you fail to renew your subscription, fail to pay any fees or invoices after ten days when due, or otherwise fail to comply with these Terms. On termination or expiration of your account or these Terms, you will no longer have the right to continue to use the Software and the Services, and you will no longer be able to access and restore your backup data. Also, you specifically agree that W3speedX has no obligation to provide you or anyone else with a copy of your backup data and may automatically purge your backup data from W3speedX systems. 4. Passwords & Security 4.1 You are responsible for keeping your passwords secure, and you agree not to disclose your passwords to any third party. You are solely responsible for any activity that occurs under your user names and accounts, including any sub-accounts. You must notify W3speedX immediately of any unauthorized use of your accounts or any other security breach related to the Service. If W3speedX determines that a security breach has occurred or is likely to occur, W3speedX may suspend your accounts and require you to change your user names and passwords. W3speedX will not be liable for any loss you incur due to any unauthorized use of your account. You, however, may be liable for any loss W3speedX or others incur caused by your account, whether caused by you, or by an authorized person, or by an unauthorized person. 5. External Links W3speedX may provide access to resources and links to other websites. When you access a non-W3speedX website, even one that may contain the W3speedX logo, you leave the W3speedX Website and understand that it is independent from W3speedX, and that W3speedX has not reviewed nor is it responsible for the content of any linked websites. W3speedX makes no representations whatsoever about such resources and links to other websites. The inclusion of any link to a website does not imply endorsement by W3speedX of the website or their entities, products, or services. 6. International Use W3speedX makes no representation that the Content on the Website is appropriate or available for use in locations outside the United States. Access to the Website from countries or territories where such access is illegal is prohibited. Those who choose to access this Website outside the United States do so on their own initiative and are responsible for compliance with local laws. 7. Protection of your data W3speedX offers certain hosted Services available to you that may involve the processing of personal data about you, your customers and/or web users (“Customer Data”) in the course of your use of these Services. Customer Data, for the purpose of this Section, excludes any User Content, Account information and usage data. 8. Changes to the Service and Terms W3speedX reserves the right at any time to modify, suspend, or discontinue providing the Service, in whole or in part. 9. User Indemnity You agree to defend, indemnify, and hold W3speedX, its suppliers, resellers, partners, and their respective affiliates harmless from and against any claims, liabilities, damages, losses and expenses, including reasonable attorney fees and costs, in connection with your use of the Products and violation of these Terms. 10. Disclaimer WE PROVIDE THE PLATFORM AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. 11. Limitation of Liability IN NO EVENT SHALL MANAGEDWP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. 12. Dispute Resolution This Agreement shall be governed by and construed in accordance with the federal law of the United States and the state law of Arizona, whichever is applicable, without regard to conflict of laws principles. 13. Miscellaneous Users with questions about these Terms may contact W3speedX via e-mail at [email protected] Last revised: 2021-10-05