These Terms and Conditions (“T&C”) are regulating the use of accelera.site, accelera.autoptimize.com and wso.shortpixel.com (“Accelera” or the “Website”), as well as their services “Website Speed-Up Audit”, “Complete Speed Optimization”, “Autoptimize Expert Configuration” and any services provided thereto. The Website is owned and/or operated by Gerard Blanco Capell (the “Company” or “we”).
Your agreement to the content of these T&C is necessary to use Accelera, 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.
1. Definitions
- “User/you” -> the individual or entity who purchased the Website Speed-Up Audit, Autoptimize Expert Configuration, Complete Speed Optimization or any other service;
- “Visitor” -> the individual or entity who visits the Website without purchasing a Website Speed-Up Audit, Autoptimize Expert Configuration, Complete Speed Optimization or any other service;
- “Services” -> all the services provided through Accelera, as detailed at Section 4 below;
- “Affiliates” -> the applicant to Accelera’s Affiliate Program;
- “Affiliate Program” -> a Company’s program consisting of third parties’ advertisement on their websites of Accelera’s services in the exchange of a commission;
- “Promotional Materials” -> advertising materials provided by the Company to be used by the Affiliates;
2. Privacy
We collect data from the Users of our Services and from the Visitors of our Website. Therefore, our commitment is to be transparent about the data we collect and how it is used, and your commitment is to agree to and follow the provisions of the Terms and Conditions below, as well as the provisions of the Privacy Policy available here (https://accelera.site/privacy-policy), that also governs your visit to the Company’s website.
3. Scope of Accelera
Accelera’s goal is to make WordPress websites faster by providing solutions and services that allow you to improve your website speed on your own or by letting us handle the optimization for you.
4. Services
Our service is provided by Gerard Blanco and, sometimes, more WordPress specialists. We provide the following Services through the Website:
- Website Speed-Up Audit: We audit the client’s website, build a list of tasks that can make the site faster, and create from it 3 actionable reports for the User.
- Website report
- Plugins report
- Database report
- Complete Speed Optimization: Our specialists will do a Complete Speed Optimization by implementing the 3 reports from the Website Speed-Up Audit. We may recommend changing the hosting provider, changing the WordPress theme or other design changes; those are tasks not included in the optimization.
- Autoptimize Expert Configuration: Our specialists will configure the WordPress plugin Autoptimize in the best way possible for the client’s 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: Sumit.
5.3. Price matching
This website does not currently support Price Matching.
5.4. Refund policy
We are confident we can make any website significantly faster with our services and will validate that by comparing the pre-implementation & post-implementation Core Web Vitals as measured by PageSpeed Insights, WebPageTest or GTmetrix.
If at project delivery we do not succeed in providing that improvement, you will get your money back on the following conditions:
- Your site was running the latest version of WordPress with all installed plugins and themes up to date at project start.
- Your site was not broken (e.g. rendering issues, incompatibilities, errors and anomalies of any kind, etc.) at project start.
- No development work was done by you or third-parties (content edition is permitted) during the project.
- All technical changes proposed by us as part of the performance optimization were implemented (i.e. you did not refuse technical changes including the use of paid-for third-party services/products that are an inherent part of our service).
- You made no changes to your site configuration and specifically the performance-related settings made in scope of the project.
Said money-back guarantee as well as its conditions also apply to the Autoptimize Expert Configuration and Complete Speed Optimization services.
Early termination or project cancellation by you does not entitle you to a refund if the service has already started. The 14-day “cooling off” period for consumers in the EU (as stipulated in the “EU Directive on consumer rights” and implemented in local law in member states) does not apply if the service has already started. Payment of the service and the subsequent exchange of credentials (username and password to access your site) is considered to be the confirmation the service can be started at our own discretion; you agree that no further explicit confirmation is required from you.
6. Copyright
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 Website Speed-Up Audit reports for your website 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 Website Speed-Up Audit 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 in section 13. 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.
7.2. Limits
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 Accelera, 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. Termination
9.1. The agreement set by these T&C is concluded on an finite period of time. It ends when the user receives the Website Speed-Up Audit reports or when the Company informs the user that the purchased service has concluded (e.g. when the Company delivers the Complete Speed Optimization results).
9.2. However, you may cancel the agreement with Accelera anytime by contacting us as mentioned in section 13.
10. Governing law and dispute resolution
10.1. These T&C are governed by the provisions of the Israeli 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 13 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.
11. Changes to the Terms & Conditions
11.1. 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.
11.2. 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.
11.3. 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.
12. Miscellaneous
12.1. 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.
12.2. 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.
12.3. If these T&C are provided in more languages, parties hereby agree that the English language version is binding, other translations being for convenience only.
12.4. These T&C represent the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
13. How to contact us
Gerard Blanco Capell
Exempt dealer number: 336407978
Address: HaPrachim 2, Ramat HaSharon, 4723116, Israel
E-mail: support@accelera.site
14. Waiver
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.