Terms Of Services
GENERAL TERMS OF SERVICE
1.2. If you are using the Services on behalf of any legal entity or corporation You further represent and warrant that You are rightfully authorized to accept these Terms of Service and enter into an agreement on such entity’s behalf.
1.3. Note that these Terms of Service affect Your legal rights and obligations. If You do not agree to be bound by all of Terms of Service do not access or use the Site or Services.
1.4. If any of the below terms is unclear or does not make sense to You, please let us know by e-mailing email@example.com.
The following terms are important and often used in these Terms of Service with a capital letter.
means the contract concluded between wpCache® and Customer in accordance with this Terms of Service and jointly terms specified in the Order.
2.2. Confidential Information
means information that is obtained by wpCache® to conclude and perform Agreement as well as to provide Services, including (i) non-public information disclosed to wpCache® through any means of communications by Customer, such as Customer’s contact and billing information; access information to Customer’s server(s); architecture and/or software specifications; (ii) log information which constitutes the information of the sort that web browsers and servers typically make available, such as the browser type, language preference and the date and time of each visitor request, (iii) any other proprietary information necessary to provide Customer with the ordered Services.
2.3. You; Customer
means any entity or affiliated persons, and/or any agency or network acting on its (or their) behalf, which purchases Services and/or is using the Site, which will also be bound by the Order and Terms of Service.
means fees that wpCache® charges Customers for using Services.
means a request made by Customer to wpCache® for Services to be supplied under this Terms of Service and terms specified in the request.
2.7. Provision of Services
means providing access to Services to Customer which/who submitted Order, on conditions jointly determined by Terms of Service and Order.
2.8. Security Emergency
means any situation where (i) use of the Services that do or could disrupt the Services, other Customers’ use of the Services, or the infrastructure used to provide the Services and (ii) unauthorized third party access to the Services.
means all products, services and Site content provided by wpCache® to the Customer in accordance with this Terms of Service.
2.10. Subscription period
means a period for which wpCache® calculates and settles subscription Fees with Customers with regard to Services specified in Order.
2.11. Terms of Service
means these Terms of Service.
2.12. We; Us; Our; wpCache®
means wpCache® website Country: Cayman Islands its subsidiaries and affiliated.
wpCache® provides a variety of Services, including:
3.2. wpCache® is a service of hosting Software on wpCache® servers and providing support for it, which exact terms will be defined in the Order.
3.3. By using Cloud, You agree to allow to collect and store data of Your website traffic.
3.4. Your data is treated as private and confidential, unless You elect to make it publicly accessible.
3.5. wpCache® plan are determined based on the number of monthly user interactions collected per month (eg. pageviews, events) as described in terms of Order.
3.6. Customer can request a full data dump from instance at any time, and we will provide it within maximum 3 business days.At any time Customer can upgrade wpCache® package option. Adjusted package option will become effective in one week after confirmation of receiving Your notice.
3.7. wpCache® is a support package for Customer hosting Software on their infrastructure. The exact terms will be defined in the Order.wpCache® Custom Features Development
3.8. wpCache® develops additional features on Customer request specified in Order.
3.9. wpCache® guarantees that the developed solution will work accordingly to Customer requirements specified in Order. Any issue discovered in the developed solution within 9 weeks from its implementation, will be fixed free of charge by wpCache®.
3.10. wpCache® gives Customers the possibility to order any additional plug-ins and/or other support, individually measured and regulated by the terms of Order.
4.1. Orders can be made through https://wpcache.co website.
4.2. Confirmation of the Order means that the binding agreement between Customer and wpCache® is concluded and that Customer agrees to be bound by these Terms of Service and terms specified in the Order.
4.3. If any term specified in the Order overrides these Terms of Service, all other provisions of Terms of Service shall apply accordingly.
4.4. wpCache® charges Customer accordingly to terms fully described in Order.
5.1. Customer shall pay Fees for Services and agrees that wpCache® will charge Customer for all applicable Fees specified in the Order with selected payment method.
5.2. Fees constitute wpCache® remuneration for Provision of Services specified in Order. Fees will be increased by commissions and additional taxes applicable to Services according to the rates in force as of the date of the payment. You hereby agree to be charged by such commissions and taxes by wpCache®.
5.3. Unless Customer cancels a Service at least 30 days before the end of Subscription Period, the Service will renew automatically. In that case wpCache® sends Customer a notice before the end of Subscription Period. Customer shall pay Fees for the next Subscription Period at the rate in force as of the day in which Subscription Period renews. Provisions of this article apply respectively.
5.4. wpCache® may suspend or terminate the Services if fees are 30 days past due.
5.5. Customer is responsible for providing complete and accurate billing and contact information to wpCache®.
6. Warranty disclaimer
6.1. Unless otherwise mutually agreed Service and Site is provided “as is”, “as available”. wpCache® and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither wpCache® nor its suppliers, licensors, directors, employees, agents and affiliates, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that You use the Services at Your own discretion and risk.
7.1. In no event and under no circumstances shall wpCache®, its directors, members, employees agents or other contractors be liable to You for any direct, special, indirect or consequential loss or damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise.
7.2. Accessibility to our Services is guaranteed at a monthly average availability rate of 99%, providing that periods, during which the server cannot be accessed via internet due to technical issues out of sphere of wpCache® influence are excluded.
7.3. wpCache® may be held responsible for failing to provide the availability of Services or reaction times in case of unavailability of Services under these Terms of Service and in Order. Any refunds can be made only by issuing a credit for Customer account for using the Services proportionally to the period for which he could not use Services up to current monthly billed Fee rate. Credits less than 1.00 EUR (or equivalent value in another currency) will not be issued.
7.4. wpCache® shall not be hold responsible for malfunction of third party services such as server hardware or network provider.
7.5. wpCache® shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to fire, floods, earthquake, governmental action, power failures and Internet disturbances.
8.1. You hereby agree to indemnify and hold wpCache® and its subsidiaries, employees, affiliates, officers, agents, partners, licensors or other contractors harmless from and against any and all third party demands, claims, liability, loss, and expense or other not listed arising out of, or which may arise from Your breach or alleged breach of these Terms of Service, or Your violation of any third-party rights or any other not mentioned related to Your access to the Site or Services.
9.1. “wpCache®” and wpCache® logo are trademarks owned by wpCache® and are therefore subject to national as well as international protection.
10.1. We reserve the right to modify these Terms of Service at any time.
10.2. If we modify the Terms of Service, we will notify You by e-mail and will give You 9 weeks notice before the modification takes effect, leaving You a reasonable amount of time to consider whether You agree to the modified Terms of Service.
10.3. By continuing to use our Services after the modification becomes effective, You agree to be bound by the modified Terms of Service.
10.4. If Customer does not agree to the modified Terms of Service, he shall stop using the Site and/or Services.