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Terms and Conditions

Last updated: 31 January, 2024

These Terms and Conditions (“T&C”) are regulating the use of FastPixel.com (“FastPixel” or the “Website”), as well as any Services provided thereto. The Website is owned and/or operated and the Services are provided by FASTER WEB SOLUTIONS SRL (the “Company”), a legal person registered under Romanian law.

Your agreement to the content of these T&C is necessary to use FastPixel, 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.

These terms apply both to you and to every user of the Service. It is a condition of your use of the Website as well as any of the Service that:

  • you comply with these T&C;
  • you make every User aware of these T&C; and
  • you ensure that every of any of your websites hosted through the Services complies with these T&C.

TABLE OF CONTENTS:

Definitions

Privacy

Scope of FastPixel

Description of Service

Account Eligibility

Obligations and Liabilities of The User’s

Costs, payments and refunds

No resale

Copyright

Service Availability, Prohibited Activities, Accepted and Fair Usage Policy, Limits in Use and Suspension and Termination of Accounts

Service availability

Server / Network Maintenance

Scheduled Maintenance

Unscheduled Maintenance

Client Data and Data Backup

Updates of website software

Disclaimer and limitation of liability

Termination

Governing law and Dispute resolution

Specific provisions

FastPixel affiliate program agreement

Changes to the Terms & Conditions

Miscellaneous

How to contact us

Waiver

1. DEFINITIONS

“User/customer/you”    the individual or entity who registered on the Website and thus owns a FastPixel account;

Visitor   the individual or entity who visits the Website without creating an account;

Services                all the services provided through FastPixel, as detailed at Section 4 below;

Affiliates               the applicant to FastPixel’s Affiliate Program

Affiliate Program              a Company’s program consisting of third parties’ advertisement on their websites of FastPixel Services in the exchange of a commission;

Promotional Materials    advertising materials provided by the Company to be used by the Affiliates;

Plan       Services plan acquired by the User;

API         Application Programming Interface enabling the Users to interface with the Services;

Quota   Services level related to a certain services plan acquired by the User;

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 T&C below, as well as the provisions of the Privacy Policy available here and the Controller – Processor Agreement available here, that also governs your visit to the Company’s website and using the Services.

3. SCOPE OF FASTPIXEL SERVICES

Our goal is to provide reliable, high-quality and secure optimizing websites Services through a easy to configure all-in-one Web Performance plugin.

Our goal is to make your website  become its fastest version possible in terms of minutes by optimizing the images and other assets of your website such as PDF/CSS/JS/Html files, thus improving automatically the overall speed and bandwidth consumption of the website. Using our proprietary image analysis software and open source encoding software optimized for optimal compression, we can reduce the size of images by up to 90%.

This way we ensure that images, drawings or other visual media or assets on your website can be stored in the optimal size and transferred in the optimal bandwidth, while maintaining the quality of the image and providing your visitors with the best user experience.

4. DESCRIPTION OF SERVICES

4.1. FastPixel Optimization Services

4.1.1. Our service is based on a Software-As-A-Service model, in which the image and PDF/CSS/JS/Html files optimization is offered via an API from our Cloud. We are constantly working on providing our customers with more options to use our Services, in order to save them the effort to implement themselves the calls to our API and to support more advanced needs, such as optimizing an entire images folder and monitoring changes to that folder. Our Services can currently be accessed through several tools and APIs. If you need to access our Services via any of these and it is not yet listed below, please contact us as we might have a development version in progress.

We provide the following Optimization Services through the Website:

• WordPress Plugin

FastPixel Optimizer plugin gets us up and running in seconds on WordPress Sites. It optimizes all your pages speed automatically, with a push of a button.

5. ACCOUNT ELIGIBILITY

5.1. By registering for or using the Services, you represent and warrant that:

5.1.1. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a breach of these T&C.

5.1.2. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to these T&C and to act on such other party’s behalf with respect to any actions you take in connection with the Services.

5.1.3. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address. If there is ever an issue regarding the use of the Services or we need to contact you, we will use the email address we have on file. It is your responsibility to ensure that the contact information for your account is correct and complete at all times. If you need to verify or change your contact information, you may use the clients area to update your contact information. Providing false contact information of any kind may result in the termination of your account. If you provide any information that is inaccurate, not current, false, misleading or incomplete, or if FastPixel has reasonable grounds to suspect that your information is inaccurate, not current, false, misleading or incomplete, FastPixel has the absolute right, in its sole discretion, to suspend your account or to terminate its Services and close your account. FastPixel is not responsible for any suspension or termination of the Services caused by such grounds.

5.1.4. At any point in time we reserve the right to ask for the documents supporting the information that you provided in your account registration form. A failure to provide the required documents or any discrepancies found in the provided ones may directly lead towards suspension of the account and all the Services.

5.1.5. The Service and any data you provide to FastPixel is hosted in E.U. unless otherwise provided. If you access the Service from outside of the E.U., you are voluntarily transferring information (potentially including personally identifiable information) and content to the E.U., and you agree that our collection, processing, use, storage, and sharing of your information and content is subject to the laws of the E.U. and Romania, and not necessarily of the jurisdiction in which you are located.

6. OBLIGATIONS AND LIABILITIES OF THE USER’S

6.1. It is the sole responsibility of the User to ensure the security and safety of the data by using a variety of security measures, backing up the data on a regular basis and with the periodical updating of the system.

6.2. The User is obliged not to disclose the login information to unauthorised third parties. Users shall inform FastPixel immediately if they obtain knowledge that unauthorised third parties are aware of the password. In case of any damage or the theft or loss of your identity, we will not be responsible at all.

6.3. Users shall provide assurance that they do not enter any contents, which infringe legal regulations, third party personal rights, intellectual property rights and trademark rights or morality. You agree to be fully responsible for all use of your account and for any actions that take place through your account.

6.4. In the event of an infringement of the above condition, Users are obliged to refrain from all further infringements, to compensate the Company for the resultant or resulting loss and to indemnify and exempt the Company from third party claims for damages and the reimbursement of expenses caused by the infringement. The exemption obligation also extends to the obligation to fully exempt the Company from all legal defence costs (costs for courts, lawyers, etc.).

7. COSTS, PAYMENTS AND REFUNDS

7.1. FASTPIXEL OPTIMIZER

7.1.1. FEES: The fees for the FastPixel Optimizer are provided on the Website.

7.1.2. MONTHLY PLANS: Monthly plans provide access to optimization services per month. Monthly plans automatically renew every 30 days. The billing happens automatically every 30 days until canceled by the customer.

7.1.3. YEARLY PLANS: Yearly plans provide access to optimization services per an entire year. Yearly plans automatically renew every year. The billing happens automatically on an annual basis until canceled by the customer.

7.2. BILLING: The payments for FastPixel can be made by credit card or PayPal and are processed by the Company’s payment processor, FastSpring. The Company verifies prices and discounts, such as coupon codes, as part of the Company’s order confirmation and shipping procedures.

7.3. PRICE MATCHING: This website does not currently support Price Matching.

7.4. REFUND POLICY: Refunds are generally granted for requests that meet all of the following criteria:

– The request must be made within 7 days of the purchase date.

7.4.1 If the User does not meet the criteria above, the User will not be entitled to a refund of the amount already debited.

7.4.2 For refund purposes, each monthly or one time payment is considered a separate payment.

7.4.3 Refund requests for Yearly Plans are exempted from 7.4 and 7.4.1. Refunds for Yearly Plans for both FastPixel Optimizer must be requested within 30 days of the date of purchase. The User will not be entitled to a refund of the amount already debited if the aforementioned criteria are not met.

7.4.4 If the refund request is approved, it may take 3 to 5 business days or longer to appear on the account. If the payment was made by credit card, the User may need to check with their financial institution to find out when their account will be credited.

7.4.8 If the Company is unable to honor a refund request for a monthly or yearly plan, the Company may offer the option to convert the purchased credits into a one month of complimentary optimization services.

8. NO RESALE

You must not resell the Services without our express permission. Reselling of the Services without our express permission will bring you into breach of this agreement.

9. COPYRIGHT

9.1. 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.

9.2. You only have the right to use the functionalities of the Website on a non-exclusive and temporary basis, namely while you have an active account on FastPixel or when you are using its Services. Therefore, the Company grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it or any portion of it, 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 account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction services.

9.3. 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.

9.4. 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 graphics or trademarks as part of the link without our express written permission.

9.5. 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.

9.6. 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 at section 18. How to contact us below and submit a claim of copyright infringement.

10. SERVICE AVAILABILITY, ACCEPTED AND FAIR USAGE POLICY, LIMITS IN USE AND SUSPENSION AND TERMINATION OF ACCOUNTS

10.1. Service availability

10.1.1. 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.

10.2. Prohibited activities

10.2.1. Accepted Usage Policy:

By agreeing to these ToS you agree and acknowledge that you will abstain from using FastPixel Optimizer for:

(a) any violation of any rule, regulation, law, or ordinance applicable to any state.

(b) any such practices that fall into the category of child exploitation or child pornography.

(c) the promotion or spreading of any piece of information that pose the sentiments of animal or human cruelty, religious, sect or caste hatred or terrorism.

(d) being involved in any personal information dispersion regarding any content related to users without getting prior permission.

(e) being found involved in any illegal or fraudulent activity online including usage or hosting of fishing sites, illicit or deceptive software.

(f) forging the signature or other identifying mark or code of any other person or engaging in any activity to attempt to deceive other persons regarding the true identity of the User.

(i) engaging in prohibited activities provided in Article 10 or not complying with the Limits below in article 10.3.

10.3. Limits in use

10.3.1. Fair Usage Policy of FastPixel Optimizer: This policy prevents Service abuse, allowing us to fully optimize the capacity and maintain the quality of our Services. The Unlimited Plan is intended for personal use only and is subjected to the Fair Use Policy. Sometimes a single website can take up more than 5% of our Image Optimization Cloud capacity by using (but not limited to) huge images (over 10K pixels width/height), manipulated images designed to artificially load the system, or many images that require a lot of CPU processing power for being generated/optimized (e.g. WebP/AVIF). We consider such usage as unreasonable and abnormal, and affecting our Services. If a website is identified to consume too many resources, we will try to contact the User (owner) to discuss possible solutions and, until such solutions shall be implemented, the use of ShortPixel Image Optimization Cloud will be limited.

10.3.2. Visitors may post reviews, comments or other content on the Website 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”.

10.3.3. 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.

10.4. Suspension and Termination of Accounts

We may monitor your account and the conduct of your account (but we have no responsibility to do so) to determine whether you are complying with these T&C.

The Company and its Affiliates reserve the right to refuse Service, suspend or terminate accounts, remove or edit content or cancel orders with immediate effect without prior notice, if:

– we believe that your use of the Service may be in breach of any law;

– we believe that you have committed a breach of this T&C;

– we believe that your use of the Service may compromise or have an adverse effect on our systems or networks;

– when there is any business justification to do so.

The Company reserves the right to ban your account from our servers and/or CDN immediately, without notice, and block further access for that account in the cases mentioned above.

If we believe that your use of the Service may be in breach of any law, then we may notify the relevant authorities, and provide them with relevant information as appears appropriate in the circumstances.

You agree that you will have no claim against the Company in respect of any action reasonably taken by us under this clause 10.4, and you indemnify the Company against any claim by a User or any other third–party arising out of the same.

11. SERVER / NETWORK MAINTENANCE

11.1. Scheduled Maintenance

In order to optimize and improve the performance of the systems providing the Services, we will perform scheduled maintenance to servers from time to time. We reserve the right to suspend access to the server during the time required for the scheduled maintenance.

We will attempt to perform all scheduled maintenance at off-peak time, on principle, outside the usual business hours, generally on Sunday between 2AM and 3AM CET. If the maintenance period is expected to last for more than 30 minutes, we will post a notice regarding the maintenance to its announce mail list.

11.2. Unscheduled Maintenance

Unscheduled maintenance may need to be performed. During these maintenance times FastPixel may shut down its technical facilities as necessary and to a scope that is restricted to a minimum. The User shall be informed of the execution of maintenance outside the above-mentioned maintenance times by e-mail in a timely manner.

11.3. Client Data and Data Backup

(a) Uploading Client Data

Except for intellectual property rights in the Client Data, the Company will own all intellectual property rights created during the course of providing the Service.

Subject to this clause 11 and the Fair Use Policy, you may upload content that you wish to be subject to our optimization Services.

While using FastPixel Optimizer, you must ensure that your data:

– complies with any content standards set by these T&C and our Private Policy, as may be updated from time to time;

– complies with the applicable Fair Use Policy;

– complies with all Laws; and

– does not infringe the intellectual property rights of any person.

(b) Data Backup

It is your responsibility to maintain local copies of your information subject to optimization. We don’t store any User Personal Data, including images for optimization of your data. We collect, process and store pages, CSS and JS files of your website for providing the Services.

11.4. Updates of website software

From time to time, we may provide updates to FastPixel Optimizer. It is your responsibility to update your website to the new version of the software.

12. DISCLAIMER AND LIMITATION OF LIABILITY

12.1. By registering with FastPixel Optimizer, you hereby acknowledge and accept that you are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, including your API keys and you are fully responsible for all activities that occur under your username and password.

Only and solely the User is responsible for the risks that come with the activities on the website, images and assets that are subject to optimization. We have no responsibility regarding the content being subject to optimization. Moreover, the User gives his consent that will comply with all the rights possessed by the third parties, right regarding intellectual properties, patents, trademarks, and copyrights.

12.2. 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.

12.3. 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.

12.4. 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 a 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.

12.5. 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.

12.6. 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.

12.7. 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.

12.8. 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 T&C or any terms and conditions it incorporates by reference, or your violation of any law or the rights of a third party.

12.9. You hereby confirm your acknowledgment that the legal provisions on the right to withdraw 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.*

* Art. 9 in Government Emergency Ordinance no. 34/2014 on consumer rights in contracts concluded with professionals, as well as for amending and supplementing other normative enactments

Art 16 let. m) from the Government Emergency Ordinance no. 34/2014

13. TERMINATION

13.1. The agreement set by these T&C is concluded for an indefinite period of time.

13.2. However, you may cancel your account with FastPixel Services anytime, by sending an email to: support@fastpixel.com

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1. These T&C are governed by the provisions of the Romanian legislation.

14.2. 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.

14.3. Any complaints regarding the Services may be addressed to the Company by using the contact details mentioned at section 18 below.

14.4. 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.

15. SPECIFIC PROVISIONS

15.1. FASTPIXEL AFFILIATE PROGRAM AGREEMENT

This section describes the terms and conditions for participation in the FastPixel Affiliate Program. For the scope of this section, the Affiliate and FastPixel shall collectively be referred to as the “Parties”.

By joining the Affiliate program, the Parties agree to the following:

i. Company shall make available to Affiliate certain banner advertisements, button links, text links and/or other graphic or textual material for display and use on the Affiliate website;

ii. Affiliate shall display these as Affiliate sees fit, provided that the manner of display shall be subject to these T&C.

15.1.1. ENROLLMENT

To enroll in the Affiliate Program, you must submit an affiliate application and be approved. Applications are processed daily and applicants will be notified of their acceptance status as soon as possible after their information is reviewed.

15.1.2. AFFILIATE URL

Once you become an approved member of the FastPixel Affiliate Program, you will be able to generate special campaign URLs which will allow you to be paid for affiliate referrals.

15.1.3. COMMISSIONS

i. Affiliates will receive 30% of the sale as a commission from orders placed through properly coded Affiliate links. Company may decide at any time changes in the Commissions.

ii. For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered through the secure order system. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the Affiliate.

iii. An Affiliate cannot receive 30% as commission for the purchases done for his own use. In this case, the Affiliate will receive no commission.

iv. An affiliate can convert commission to a plan and the minimum required is $10 in exchange for 1 month on Plan A.

15.1.4. USE OF PROMOTIONAL MATERIALS

The Affiliate’s use and display of the Promotional Materials on the website shall conform to the following terms, conditions, and specifications:

i. Affiliate may not use any graphic, textual or other materials to promote Company’s Website, products or services other than the Promotional Materials, unless Company agrees to such other materials in writing prior to their display.

ii. Affiliate may only use the Promotional Materials for the purpose of promoting Company’s website (and the products and services available thereon), and for linking to Company’s website.

iii. Affiliate will not alter, add to, subtract from or otherwise modify the Promotional Materials as they are prepared by the Company. If Affiliate wishes to alter or otherwise modify the Promotional Materials, Affiliate must obtain prior written consent from Company for such alteration of modification.

iv. As regards FastPixel Optimizer, for dedicated servers, Affiliates will only receive 30% of the buyer’s first month’s payment. The subsequent payments by the customer for a dedicated server will not generate any additional Affiliate commission.

15.1.5. PAYMENT

i. The Company pays Affiliates by means of a bank transfer or via a PayPal account, provided to us when a member is accepted in the Affiliate Program. If the PayPal email changes, it is the responsibility of the Affiliate to notify the Company to ensure proper commission payments. We will not resend payments returned due to incorrect payment email addresses.

ii. Commissions are held for a period of 1 month from any purchase to protect the Company in the event of any chargeback that may occur.

iii. Company shall pay all Commissions accrued and payable to Affiliate within 20 days of the first day of each month.

iv. When the value of Affiliate’s Commission is at least 100$, the Affiliate will provide the Company with an invoice for the payment of such Commission. The payment shall be made by means via a PayPal account or, for amounts bigger than 500$ via bank transfer.

v. Only referrals that are older than 30 days and still in good standing will be included with the payout.

vi. If the originating purchase is refunded, revoked, or removed in any way, we reserve the right to revoke the Affiliate commission on that purchase.

15.1.6. FASTPIXEL ANTI-SPAM POLICY

FastPixel strictly prohibits Affiliates from using spam e-mail and other forms of Internet abuse to seek sales. Spam is defined as including, but not limited to, the following:

i. Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of the recipient through an opt-in subscription;

ii. Messages posted to Usenet, forums, Twitter, Facebook, and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules.

If a forum owner or moderator complains that an Affiliate has spammed, the affiliate account may be permanently terminated after investigation.

iii. Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.

iv. Solicitations posted to chat rooms or to groups or individuals via Internet Relay Chat, Discord, or “Instant Messaging” system.

15.1.7. ACCOUNT TERMINATION

Upon the receipt of a credible complaint regarding any of the situations mentioned at point 16.1.6. above, the FastPixel Affiliate Program manager may investigate the complaint, and, if proven to be grounded, may terminate the affiliate account of the individual involved in the abuse, at its sole discretion and 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 money on account.

15.1.8. RELATIONSHIP OF PARTIES

i. Affiliates are independent contractors and nothing in these T&C will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties.

ii. Affiliates have no authority to make or accept any offers or representations on behalf of the Company.

iii. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.

16. CHANGES TO THE TERMS & CONDITIONS

16.1. Amendments may be brought to these T&C occasionally. 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.

16.2. In case of changes, we will inform you and will give you the opportunity in 15 days to review the changes and to refuse the updated T&C.

16.3. 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.

17. MISCELLANEOUS

17.1. In accordance with art. 1203 from the Romanian Civil Code, parties hereby expressly accept the provisions of clauses 5.1.3., 6, 7.4., 10.1.1., 10.3, 10.4, 11.3. (b), 11. 4., 12, 14.4 and 15.1.3., 15.1.5., 15.1.7, 15.2.1., 15.2.3, 15.2.4 of these T&C.

17.2. 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.

17.3. Any log-in credentials, including API keys 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.

17.4. If these T&C are provided in more languages, parties hereby agree that the Romanian language version is binding, other translations being for convenience only.

17.5. These T&C shall supersede and replace all prior agreements and understandings, oral or written, between the Company and the User regarding the Services.

18. HOW TO CONTACT US

FASTER WEB SOLUTIONS SRL

Address: Bucuresti, Str. Schitu Magureanu 49, Sector 1, Romania

E-mail: support@fastpixel.com

19. 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.