These Terms and Conditions (“T&C”) are regulating the use of accelerawp.com (hereinafter – the “Website”) as well as its services “Website Speed-Up Audit”, “Complete Speed Optimization” and any other services provided thereto. The Website is owned and/or operated by Gerard Blanco Capell (hereinafter – “Accelera”, “we”, “us” or “our”).
The User’s agreement to the content of these T&C is necessary to use the Website and contract its services. The User must be at least 18 years old to be able to use Accelera’s services. If the User is under 18, they may use our services only with the involvement of a parent or guardian.
By accessing the Website and viewing its information and content, the User agrees to be bound by these T&C. The User’s use of the Website implies their consent to all the terms and conditions outlined in these T&C. While Users are not obliged to accept these T&C, choosing not to do so requires the User to exit the Website and refrain from using its content.
The segmentation of these T&C into sections and the associated headings are solely for convenience and do not serve interpretative purposes. Any mention of the masculine gender in this document also includes the feminine. Similarly, statements made in the singular form apply equally to the plural.
- “User” -> the individual or entity who purchases any service from Accelera;
- “Visitor” -> the individual or entity who visits the Website without purchasing any service from Accelera;
- “Services” -> all the services provided through the Website, as detailed at Section 4 below;
- “Affiliates” -> the applicants to Accelera’s Affiliate Program;
- “Affiliate Program” -> an Accelera’s program consisting of third parties’ advertisement on their websites of our services in exchange of a commission;
- “Promotional Materials” -> advertising materials provided by Accelera to be used by the Affiliates;
3. Scope of Accelera
The primary objective of Accelera’s Services is to enhance the performance of WordPress websites by offering comprehensive solutions and services. These services enable Users to optimize their website speed either independently or by availing our professional optimization assistance.
Our Services are provided by Accelera and occasionally involve the collaboration of other skilled WordPress experts. The following services are provided through the Website and are subject to their respective terms and conditions, as follows:
4.1. Website Speed-Up Audit
We conduct an in-depth audit of the User’s website, identifying various factors that can contribute to its speed improvement. Subsequently, we compile a list of actionable tasks and provide the User with three detailed reports based on our findings.
- Website report
- Plugins report
- Database report
4.1.1. The Website Speed-Up Audit requires the installation of the Accelera Export plugin. The User is required to send us the CSV file generated by the plugin prior to the commencement of the Website Speed-Up Audit.
4.1.2. In the event that the User purchases a Standard Audit, the reports will be delivered to the User within 14 calendar days subsequent to Accelera’s receipt of the CSV generated by the Accelera Export plugin.
4.1.3. In the event that the User purchases an Express Audit, the reports will be delivered to the User within 3 business days subsequent to Accelera’s receipt of the CSV generated by the Accelera Export plugin.
4.2. Complete Speed Optimization
Our team of specialists performs a comprehensive speed optimization process, using the three actionable reports derived from the Website Speed-Up Audit. Additionally, we may provide recommendations related to changes in hosting providers, WordPress themes, WordPress plugins, or other design-related modifications.
4.2.1. Should the User opt to procure a Complete Speed Optimization without first acquiring a Website Speed-Up Audit, Accelera will refrain from utilizing any previous reports. Instead, our team will leverage their expertise to enhance the speed of the User’s website to the fullest extent possible.
4.2.2. To conduct the Complete Speed Optimization, we require full access to the User’s website, including an administrator account for WordPress, access to the website’s host control panel, access to the website’s CDN control panel, and access to any other control panel of services affecting or monitoring the User’s website.
4.2.3. The administrator account for WordPress mentioned in 4.2.2 must have all default WordPress administrator permissions, including the ability to install, edit, or remove any plugin.
4.2.4. We do not perform the Complete Speed Optimization on staging sites. If the User wishes to optimize on a staging site before doing it on the live site, a surcharge of 30% will apply.
4.2.5. If the website has a 2FA system for login, it must be disabled before the Complete Speed Optimization begins. If this is not possible, Accelera must be granted the ability to use it wthrough one of its private devices.
4.2.6. The website must have all themes and plugins updated to the latest version before the Complete Speed Optimization starts.
4.2.7. Due to the inherent variability of page speed testers such as PageSpeed Insights or GTmetrix, we cannot guarantee specific results on these platforms. However, we guarantee that there will be a measurable improvement in the website performance.
4.2.8. Upon completion of the Complete Speed Optimization, Accelera will send the User a report detailing all tasks performed on the website, along with a comparison between the speed results before and after the optimization.
4.2.9. Upon completion of the Complete Speed Optimization, and after receiving the report, the User has 30 days to verify the correct functioning of the website. During this period, any error or malfunctioning in the website caused by the Complete Speed Optimization will be rectified by Accelera at no additional cost.
4.2.20. After the initial 30 days following the receipt of the report, if the User reports an error or malfunctioning in the website caused by the Complete Speed Optimization, Accelera may offer to fix it at an additional cost.
4.2.12. Accelera disclaims responsibility for any error or malfunctioning in the User’s website unrelated to the Complete Speed Optimization at any time.
4.3. Autoptimize Expert Configuration
Our experts configure the WordPress plugin Autoptimize to ensure optimal performance for the User’s website.
5. Costs, payments and refunds
The fees for the Services are provided on the Website.
5.2.1. All payments for the Services shall be collected upfront, in full, and prior to the commencement of any Service delivery. No other forms of payment, including but not limited to installments, deferred payments, or partial payments, will be accepted.
5.2.2. The payments for our Services can be made using our payment processor: Sumit. In order to make such payments, the User must complete the provided forms by providing the following personal information: full name, email address, billing address including the country, and valid credit card details of the donor.
5.2.3. The payments should be made with a credit card owned by the User, and the payment will be accepted following an approval from the payment processor. Following such approval, the User will receive an email with a receipt for the payment. If the payment processor did not approve the transaction, the User will receive an applicable notification.
5.2.4. The User assumes responsibility for inputting the correct payment details during the payment process. Should these details prove to be inaccurate, Accelera cannot assure the issuance of a payment receipt/invoice, and the User will be held accountable for any consequences resulting from the submission of inaccurate information. The computer registries maintained by Accelera and/or the payment processor on its behalf shall serve as prima facie evidence that the data contained therein was entered by the User.
5.2.5. Service delivery can commence only after we have successfully received and confirmed the upfront payment from the User. In the event of any payment-related issues or discrepancies, we reserve the right to suspend or delay the initiation of Services until the matter is resolved satisfactorily.
5.2.6. We take the security and confidentiality of payment information seriously. We implement industry-standard security measures to protect all payment data provided to us. However, the User is encouraged to exercise caution while providing payment information online and to promptly report any suspicious activities related to their payments.
5.2.7. In the event of any payment dispute or disagreement, the User agrees to contact us promptly to attempt to resolve the matter amicably.
5.3. Price matching
This Website does not currently support Price Matching.
5.4. Refund policy
We are confident that our Services can significantly improve the speed of any WordPress website, and we will validate this by comparing the loading speed metrics before and after the implementation of one our Services aimed to improve the loading speed of the website, as measured by PageSpeed Insights, WebPageTest or a browser’s developer tools.
5.4.1. Website Speed-Up Audit
If, after receiving the final reports and implementing the suggested changes, the User does not achieve an improvement in the loading speed metrics, the User will be eligible for a refund under the following conditions:
- The User’s site was running the latest version of WordPress, and all installed plugins and themes were up to date at the start of the Website Speed-Up Audit.
- The User’s site was not broken (e.g., experiencing rendering issues, incompatibilities, errors, anomalies, etc.) at the start of the Website Speed-Up Audit.
- All technical changes proposed by us in the Website Speed-Up Audit reports were implemented. This includes not rejecting technical changes, including the use of paid third-party services/products that are integral to our service.
5.4.2 Complete Speed Optimization
If, upon project delivery, we do not succeed in improving the User’s website loading speed, the User will be eligible for a refund under the following conditions:
- The User’s site was running the latest version of WordPress, and all installed plugins and themes were up to date at the start of the Complete Speed Optimization.
- The User’s site was not broken (e.g., experiencing rendering issues, incompatibilities, errors, anomalies, etc.) at the beginning of the Complete Speed Optimization.
- No development work was carried out by the User or third parties during the project, except for content editing.
- All technical changes proposed by us as part of the Complete Speed Optimization were implemented. This includes not rejecting technical changes, including the use of paid third-party services/products that are integral to our service.
- The User did not alter the website’s configuration, especially the performance-related settings made within the scope of the Complete Speed Optimization.
The money-back guarantee and its conditions also extend to the Autoptimize Expert Configuration Service.
Early termination or cancellation of the project by the User does not entitle to a refund if the Service has already commenced. The 14-day “cooling-off” period for consumers in the EU, as outlined in the “EU Directive on Consumer Rights” and implemented in local laws of member states, does not apply if the Service has already begun. Payment for the Service and the subsequent sharing of credentials (username and password to access the User’s website) serve as confirmation that the Service can begin at our discretion. No additional explicit confirmation is necessary from the User.
6.1. All intellectual property rights of any nature, including trademarks, trade secrets and copyrights, whether registered or unregistered, pertaining to the Website or any of its components, including but not limited to content, design, software, Website, computer code, graphic files, text, and any other materials present on the Website, whether accessible through external interface, source code, or target source code, are solely invested with Accelera and/or relevant third parties, as applicable. These rights shall be safeguarded by the copyright laws of the State of Israel, international treaties, and the copyright laws of other pertinent countries, as applicable.
6.2. The User only has the right to use the Website Speed-Up Audit reports to improve the User’s own website loading speed. The User can use them on a non-exclusive and temporary basis, namely while implementing the recommendations from the reports. Therefore, Accelera grants the User 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 Accelera. 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 Accelera. 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. The User may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Accelera and our affiliates without our express written consent. The User may not use any meta tags or any other “hidden text” utilizing Accelera’s name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by Accelera. The User may not use any Accelera logos or other proprietary graphic or trademark as part of the link without our express written permission.
6.5. If the User does post content or submit material and unless we indicate otherwise, they grant Accelera 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. The User grants Accelera and its affiliates and sub-licensees the right to use the name that they submit in connection with such content, if they choose. The User represents and warrants that they own or otherwise control all of the rights to the content that they post; that the content is accurate; that use of the content they supply does not violate the applicable legal provisions and will not cause injury to any person or entity; and that they indemnify Accelera and its affiliates for all claims resulting from content they supply. Accelera has the right but not the obligation to monitor and edit or remove any activity or content. Accelera takes no responsibility and assumes no liability for any content posted by the User or any third party.
6.6. Accelera and its affiliates respect the intellectual property of others. If the User believes that their work has been copied in a way that constitutes copyright infringement, they can contact us as mentioned in 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 Accelera on an “as is” and “as available” basis. We make 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. The User expressly agrees that their use of our Services is at their sole risk.
7.2.1. 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”.
7.2.2. The User 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.
7.2.3. Accelera reserves the right (but not the obligation) to remove or edit such content, if detected. Also, we reserve the right to limit the User’s use of the Services in duly justified cases, such as the cases detailed above.
7.3. Changes to Services
Accelera and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders (i) if we believe that the User may be in breach of these T&C, (ii) if the User is 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, the User hereby acknowledges and accepts that they are responsible for making a backup of all the site and database before sending to Accelera any access information.
8.2. To the extent permitted under the law, Accelera cannot be held responsible for any indirect, consequential, or incidental expenses, losses, or damages (including economic loss, loss of profit, loss of business opportunity, loss of reputation, devaluation, and similar occurrences) that may be incurred by the User or any third party in connection with the use of the Website, and/or as a result of any action or omission of Accelera and/or anyone acting on its behalf.
8.3. To the extent permitted under the law, Accelera cannot be held responsible for any fault, delay, or disruption in the use of the Website (including, without limiting the general statement above, broadcast and transmission lines, Internet systems, and cellular systems), as well as any expenses, losses, or damages incurred for reasons beyond the control of the Organization, including but not limited to any order, regulation, or instruction of any government authority, significant shutdown of communication systems, earthquake, storm, shortage of materials, public services, or transportation services, fire, flood, explosion, blast, accident, plague, pandemic, epidemic, strike, lockout, riots, disturbance of public order, war, acts of terrorism, hostility, and quarantine, shall not be considered a violation of these T&C. Furthermore, such occurrences shall not entitle the User to any remedy or right. For clarity and without detracting from the general statement above, it is emphasized that the User shall not have any claims or rights in connection with the actions and measures taken by Accelera due to any fault or disruption as mentioned above.
8.4. To the extent permitted under the law, Accelera cannot be held responsible for any expenses, losses, or damages arising in connection with the actions or omissions of the User and/or third parties, including but not limited to communication services providers (even in relation to any temporary or permanent fault and/or disruption in the communication lines).
8.5. To the extent permitted under the law, Accelera cannot be held responsible for any expenses, losses, or damages arising in connection with unauthorized access, attacks, intrusion, and data penetration (or attempted performance of any of the aforementioned) through communication lines or any other communication network.
8.6. To the extent permitted under the law, Accelera cannot be held responsible for any expenses, losses, or damages incurred by the User as a result of any update, cancellation, and/or removal of any content on the Website and/or the shutdown of the Website (or the blocking of access thereto).
8.7. In the event of data loss directly attributable to our Services, Accelera undertakes to restore the User’s data from the backup created by the User in accordance with the procedures outlined in section 8.1, at no additional cost. Accelera shall make reasonable efforts to ensure the accuracy and completeness of the restored data.
8.8. Accelera may also provide links and pointers to Internet sites maintained by third parties. Neither Accelera 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. Accelera does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. The User should carefully review their privacy statements and other conditions of use.
8.9. 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, Accelera 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.
8.10. Communication networks, computers, servers, and websites are susceptible to attacks and hacking attempts by various entities. Accelera employs various security measures to safeguard the privacy of the data provided during the use of the Website. However, the User should be aware that absolute security cannot be guaranteed, and there may be instances of security breaches and penetrations of the Website. Accelera does not provide a warranty that the Website will be completely immune and secure from unauthorized access to the data stored therein. While browsing the Website and providing data, the User releases Accelera and/or anyone acting on its behalf from any liability for any damages incurred by the User and/or anyone on the User’s behalf resulting from the aforementioned attacks, hacking attempts, and data breaches. The User expressly waives any claim against Accelera and/or anyone acting on its behalf in this regard.
8.11. Accelera attempts to be as accurate as possible in describing a product or service. However, Accelera does not warrant that product descriptions or other content of this site is complete, current or error-free. Therefore, the User expressly agrees that their use of this Website is at their sole risk. However, we guarantee that we are using our best endeavors to offer the User the best user experience when using our Services.
8.12. The User and Accelera 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.
8.13. The User agrees to indemnify and hold Accelera 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 the User’s breach of these Terms and Conditions or any terms and conditions it incorporates by reference, or the User’s violation of any law or the rights of a third party.
8.14. The User hereby confirms their 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. Accelera Affiliate Program agreement
This section outlines the terms and conditions governing participation in the Accelera Affiliate Program. For the purposes of this agreement, the term “Parties” collectively refers to the Affiliate and Accelera.
To join the Accelera Affiliate Program, applicants must visit our Website and initiate the enrollment process by contacting us. Approval is subject to review, and applicants will be promptly notified of their acceptance status upon completion of the review process.
9.2. Affiliate URL
Upon approval, Affiliates gain access to specialized campaign URLs, enabling them to earn commissions for referred sales.
- Affiliates earn a 15% commission on sales generated through the Website after customers click on the Affiliate’s link. Accelera reserves the right to modify commission rates at any time.
- Affiliates also receive a 15% commission on sales resulting from Accelera sending a payment link to customers referred by the Affiliate in email conversations. These kind of sales are entered manually by Accelera on the Affiliate’s account.
9.4. Guaranteed affiliate commission
When a visitor follows a link or banner from the Affiliate’s site, Accelera tracks the Affiliate ID for 30 calendar days. During this period, any order placed by the same User guarantees the Affiliate’s commission. Comprehensive Affiliate reports are available in the Website to track performance.
Accelera will pay Affiliate commissions on the 1st of each month for the previous month, provided the accumulated amount reaches at least 100€. Payments are transferred via Wise.
9.6. Accelera anti-spam policy
Accelera strictly prohibits the use of spam email and other forms of Internet abuse by affiliates for sales purposes. Spam is defined as, but not limited to:
- Electronic mail messages sent to recipients without an existing business or personal relationship, or without the express consent of the recipient through an opt-in subscription.
- Messages posted on Usenet, forums, Twitter, Facebook, and message boards that violate rules, are off-topic, cross-posted excessively, or are against forum/message board guidelines.
- Content posted on free blog websites for the sole purpose of keyword spamming or comments violating the blog owner’s policy.
- Solicitations posted in chat rooms, or sent to groups or individuals via Internet Relay Chat or “Instant Messaging” systems.
Affiliate accounts may be terminated after investigation if found in violation of this policy.
9.7. Account termination
Upon receipt of a credible complaint regarding any of the situations outlined in section 9.6, the Accelera Affiliate Program manager reserves the right to investigate the complaint. If the investigation confirms the validity of the complaint, the manager may, at their sole discretion, terminate the Affiliate account of the individual involved in the abuse. Such termination may occur 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 funds in the account.
9.8. Relationship of parties
- Affiliates are considered independent contractors, and these Terms and Conditions do not establish a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties.
- Affiliates do not have the authority to make or accept offers or representations on behalf of Accelera.
- Affiliates will not make any statements, whether on their sites or otherwise, that would reasonably contradict this declaration.
10. Restricting the use of the Website
Accelera reserves the right to prohibit the User from utilizing the Website under the following circumstances:
- The User engaged in unlawful acts and/or violated applicable legal provisions.
- The User contravened any terms outlined in these T&C.
- The User undertook actions or omissions that may have caused harm to Accelera, its representatives, any third party, including other Users of the Website, or disrupted the normal functioning of the Website.
11. Governing law and dispute resolution
11.1. All disputes, claims, and legal proceedings in connection with the Website, including, without limitation, in connection with the information and the content contained therein, shall be governed by the laws of the State of Israel. The exclusive jurisdiction concerning any matter related to the T&C and the use of the Website shall be vested in the competent courts of the State of Israel, and the parties expressly reject the jurisdiction of any other court in this regard.
11.2. Accelera and the User 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.
11.3. Any complaints regarding the Services may be addressed to us by using the contact details mentioned at section 14 below.
11.4. 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 Accelera, if not otherwise provided by the law.
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 the User and will give them the opportunity that in 15 days to review the changes and to refuse the updated T&C.
12.3. If the User does not agree with the changes, the User 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. 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.
13.2. If these T&C are provided in more languages, both Accelera and the User or Visitor hereby agree that the English language version is binding, other translations being for convenience only.
13.3. 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
If you have any general questions regarding these Terms and Conditions, please contact us at: email@example.com.
The failure of Accelera to enforce any provision of these Terms and Conditions shall not be construed as a waiver or limitation of Accelera’s right subsequently to enforce and compel strict compliance with every provision of these Terms and Conditions.