The present Terms and Conditions establish a contract between Fasterize (the Provider), with head office at rue Meslay, 75003 PARIS, and any Client subscribing to a service offered by the Provider, for the full duration of the service or the subscription.
The Provider undertakes to supply all necessary provisions to ensure proper functioning of Fasterize services.
Fasterize is an SaaS service for website acceleration (hereinafter the Service or the Services).
These Services apply to the URL or the URLs connected to the quote established for the Client.
Duration of subscription – Cancellation
The subscription shall take effect on connection of Fasterize to the Client’s site(s). Connection is defined as the modification of DNS records for the redirection of traffic to Fasterize servers. The date of connection shall therefore become the date of subscription.
The commitment is of a minimum duration of 12 months and is tacitly renewed on the anniversary date of the subscription. The Client has the right to cancel the subscription by written request, sent by recorded post with acknowledgement of receipt or by email to email@example.com within a period of 60 days following the date of subscription. The Provider must acknowledge receipt of the cancellation request.
Each party shall consider all documents and information which it has access to within the framework of provision of services as confidential and undertakes not to disclose them.
Data streams, in particular personal information from the Client’s users processed by the solution are not stored, recorded or kept by the Provider. Only logs for searches carried out by the Client’s users are recorded for a duration of 30 (thirty) days. These are accessible only to the CLIENT either on demand or via the solution’s API.
ACCESS SECURITY FOR USER ACCOUNT
The Client is responsible for maintaining access security of its user account and is responsible for all activity carried out by its user account. The Client shall notify Fasterize immediately of any unauthorised use of its user account or any other security violation.
The Client is bound to use Fasterize services for purposes which are legal, appropriate and which are in compliance with the present Terms and Conditions.
The Client accepts that the activities below are considered as forbidden use and that such usage may incur, following formal request for remedy which remains unheeded after eight days, the cancellation of all subscriptions and termination of the present Terms and Conditions without reimbursement and with the potential that Fasterize may pursue legal action.
- Attempts for unauthorised/illegal access to user accounts which do not belong to the Client.
- Any action interfering with the services of another client.
- Any action relative to the suppression of security measures.
- Any involvement in illegal activities.
- Any involvement in activities which interfere with or hinder Fasterize services, or servers or networks connected to Fasterize services.
- Any communication of false information on any contact form or request of any type, including the fraudulent use of credit card information.
In the instance of cancellation or suspension of the Client’s account following activity considered as forbidden from use, the right of the Client to use the service shall cease immediately. The Client will not be able to access application data or history stored on the service following the cancellation or suspension of the service by Fasterize.
RESTRICTIONS OF USE
The optimisation services supplied by the Provider are subject to technical restrictions, and any service, whether in full or in part may be subject to blocking or deactivation by the Provider if usage by the Client has an unfavourable effect on services, (network traffic, security, software etc.) Such instances are assessed and determined by the Provider at its own reasonable discretion. Where this occurs, the parties shall actively work together to resolve the identified problem in the shortest possible time frame until is it agreed in good faith that the disputed content no longer has an unfavourable effect on services. An unforeseen increase in traffic for one of the Client’s sites may not be considered as adverse impact.
- The Client gives Fasterize permission to:
- incorporate anonymous statistics taken from service performance into publicly available reports
- use the name of the Client and its logo in marketing and commercial communications with the aim of identifying the Client as a user of the service.
The terms of the Services and the relation between Fasterize and the Client shall be regulated by French law. In the case of legal action relating to the interpretation and/or the execution of the present Terms and Conditions, specific authority is attributed to courts situated within the jurisdiction of the Paris Court of Appeal, notwithstanding plurality of defendants or a guaranteed appeal, even for interlocutory proceedings or petition.
The fact that one of the Parties has not required implementation of any clause of the present conditions, whether in a temporary or permanent manner, may not in any case be considered as waiver of rights by this Party arising from the aforementioned clause which has not been implemented.
If one or more of the provisions of the present Terms and Conditions are held to be invalid or considered as such through application of a law, regulation or final decision from a competent court, they shall be considered null and void and the other provisions shall remain in effect except where these latter clauses are inextricably tied to the cancelled provision or provisions.
SLA – Service commitment
RATE OF AVAILABILITY AND DOWNGRADED MODE
The availability of the Service is understood as accessibility to the Client’s website as well as the entirety of functions of the Fasterize platform. Fasterize endeavours to provide 99.5% availability to the Solution.
The availability of the web site is understood as accessibility to the Client’s website. Fasterize endeavours to provide 99.99% availability for the Client’s website (excluding non-availability of the website not due to the Solution)
Downgraded mode: Fasterize has put in place an automated mechanism allowing the websites of its Clients to be accessed even in the case of complete unavailability of the Fasterize platform. In this case, web sites are served by the Client’s origin servers and are not accelerated (this explains that the availability of the web site is greater than availability of the Service.)
The availability of the Service is monitored by two third-parties (Cedexis and AWS at the time of writing of the present Terms and Conditions) which, depending on the availability measured, which will automatically give the domain name of the Client’s website with the list of services if they are available, or with the address for the Client’s servers if the Service is not available.
The switchover to downgraded mode may also be triggered manually by the Fasterize team or by the Client from the web portal which is available 24/7.
The rate of availability is calculated for a period of one month by applying the following formula: Availability = 100% x [1 – (t/T)]
- t = number of minutes for which the Service was unavailable during the period of the month considered.
- T = total number of minutes in the month. It is specified that 365 days of the year are taken into consideration. Availability is calculated on the basis of information extracted from Fasterizes’s statistic tools and, where necessary, those of the Client.
The following are excluded from availability calculations:
- failure of the Client’s software;
- failure due to the internet or links with operators connecting Fasterize to the internet;
- Switchover to the downgraded mode on initiative of the Client where non-function of the service has not been stated by Fasterize.
The Provider guarantees a switchover time to downgraded mode of under 20 seconds once unavailability for the Fasterize platform has been detected, or once manual switchover has been triggered.
Following 24 hours of continued unavailability of the Service, Fasterize will suspend invoicing of the Service until the Service is re-established, without formality or prior formal notice.
In the case where twenty (20) interruptions are found to make the Service unavailable during the year, the Client has the full right to cancel its subscription without formality or prior formal notice.
Following one hour of interruption (cut-off of Client websites due to the Service,) Fasterize shall be liable to the Client, without formality or prior formal notice, to a fixed penalty of 5% (five percent) of the monthly subscription price in EUR exclusive of tax for each hour for which the Sol
ution was not available. This penalty will be limited to two times the cost of a monthly subscription.
In the instance where five (5) interruptions to the website are found due to the service during the course of the subscription, the Client has the full right to cancel the subscription without formality or prior notice.
Penalties do not constitute discharge.
The Client recognises that Fasterize does not own or control:
- the local network, bays, interconnections, and Internet service providers providing connection to Fasterize,
- other networks which are external to Fasterize’s connection or its bandwidth providers or the Internet
that Fasterize is not responsible for the performance (or deterioration of performance) within these networks or points of interconnection between Fasterize servers and other networks.
The Client recognises that Fasterize does not exercise any control over, and does not assume any responsibility for any of the Client’s content or data transmitted or retained using Fasterize Services.
The price for services and subscriptions is established on a quote basis.
Prices are given exclusive of tax. They include business expenses, all taxes, stamp duties and customs fees with the exception of value added tax applicable to the price of services. Prices are increase by the VAT rate in effect on the date of invoicing.
In the case of the subscription service, the subscription amount may be recalculated based on the Syntec index according to the following formula:
P1 = P0 x (S1 / S0)
- P1: revised price
- P0: original contract price or last revised price
- S0: Syntec reference index on the original contract date or on the last revision
- S1: last index published on the date of revision
Invoicing for the acceleration services subscription shall be carried out quarterly falling due based on the fixed price defined in the quote provided to the Client. The activation fee is invoiced on the date of signature of the quote.
Invoices are issued in electronic form in PDF format. Invoices must be paid within 30 days following the end of the month in which the invoice was issued. In the case of a delay in payment for the Services, the applicable penalty rate shall be 12%. All legal disputes relating to an invoice shall be brought to a competent court in accordance with Article 6.1.