Fastispeed – PRO PROGRAM AGREEMENT
Last Revised: 15/06/2021
OVERVIEW

The Universal Terms of Service Agreement sets forth the general terms and conditions of your use of the Site and the Services. This Pro Program Agreement (this “Service Agreement”) governs your use of Fastispeed’s Pro Program services (“Pro Program services”). Capitalized terms used in this Service Agreement, but not defined are defined in the Agreement.

Fastispeed, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Fastispeed website (this “Site”). You acknowledge and agree that (i) Fastispeed may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, Fastispeed may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information, including your email address, current. Fastispeed assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.

DESCRIPTION OF PRO SERVICES
Pro Services. Pro Services offer a streamlined platform that allows Pro Program Providers to purchase, set up, and manage Fastispeed products for Pro Program Customers. Pro Services include: i) Shared Shopping, which allows you to send Pro Program Customers a shopping cart to buy Fastispeed products for their website, ii) Account Access, which allows you to view or administer a Pro Program Customer’s Fastispeed account iii) Site Monitoring, which allows you to monitor a Pro Program Customer’s website’s uptime and server response time, and iv) a direct access line to our Fastispeed Pro technical support representatives.
ACCOUNT ACCESS TERMS
Access Limitations. Use of the Pro Program includes functionality that allows the Pro Program Provider to request authorized access rights to accounts of Pro Program Customer(s), or to grant limited or full access of your Fastispeed account to a Pro Program Provider, with whom you have an established business relationship. Any such access or grant is subject to and governed strictly by the terms and conditions of the Account Access Terms of Service, which are incorporated herein by reference.

Account access may be granted on a limited basis, in which case the Pro Program Provider will be able to view the Fastispeed account of the Pro Program Customer, or on a full basis, in which case the Pro Program Provider will be able to purchase Fastispeed products on the Pro Program Customer’s behalf, via the payment method on file in the Pro Program Customer’s account.

Any violation of this Agreement or the Account Access Terms of Service, which will be determined in our sole and absolute discretion, may result in the immediate termination of your access to the Pro Program, criminal prosecution, and/or a civil lawsuit. If the Pro Program is cancelled for any reason, any content or data you have entered into the Pro Program will be lost and will not be recoverable.
Account Termination. Without limiting any of our rights and remedies, Fastispeed may immediately and indefinitely revoke your privileges, suspend or close your account(s) and refuse to offer the Pro Program to you, or take any other measures deemed to be appropriate (as determined by Fastispeed in its sole and absolute discretion) to enforce or terminate this Agreement, (i) if you breach this Agreement or any document incorporated by reference; (ii) Fastispeed determines your actions may pose a risk to Fastispeed or its members; (iii) as a Pro Program Provider, you receive an average rating of below 4 stars (out of 5) across at least 10 reviews; or (iv) Fastispeed determines your use of the Pro Program infringes on the intellectual property or legal rights of others.
YOUR OBLIGATIONS; REPRESENTATIONS AND WARRANTIES
Although Fastispeed takes certain steps to examine the credentials of a Pro Program Provider, as a Pro Program Customer, you understand that nothing about Fastispeed’s Pro Program is intended to replace or override any licensing requirements for an independent web professional. Fastispeed makes no guarantees or representations regarding the skills of Pro Program Providers or the quality of the services that he or she may perform for you. If you elect to retain their services, Fastispeed does not endorse or recommend the services of any particular Pro Program Provider. Anyone using the Pro Program should rely on his or her own independent judgment or, as appropriate, seek the advice of a competent professional in determining the exercise of reasonable care in any given circumstances. It is entirely up to you to evaluate an individual’s qualifications, and to enter into a direct contract or otherwise reach agreement with a Pro Program Provider. Pro Program Providers are not contractors, employees or agents of Fastispeed.
Fastispeed is not involved in the actual contract between a Pro Program Customer and a Pro Program Provider or in the completion of any services. Should there be a dispute between the parties, you must address such dispute directly with the individual you are in contract with.
YOU HEREBY AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS Fastispeed AND ANY OF ITS AFFILIATES CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND ASSIGNS FROM AND AGAINST ALL LIABILITIES, CLAIMS, DAMAGES (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES), COST AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE CONDUCT, ACT OR OMISSION OF ANOTHER PRO PROGRAM MEMBER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTES BETWEEN YOU AND YOUR DEALINGS WITH ANOTHER PRO PROGRAM MEMBER.
UNDER NO CIRCUMSTANCES WILL Fastispeed AND ANY OF ITS AFFILIATES, CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE BETA PRO PROGRAM OR THE PRO PROGRAM, INCLUDING BUT NOT LIMITED TO YOUR AUTHORIZD OR UNAUTHORIZED ACCESS OF ANY PRO PROGRAM CUSTOMER’S ACCOUNT, OR ANY LOSS OF DATA OR CONTENT YOU MIGHT EXPERIENCE AS A RESULT OF OUR DISCONTINUATION OF THE BETA PRO PROGRAM OR THE PRO PROGRAM FOR ANY REASON. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT Fastispeed OR ANY OF ITS AFFILIATES, CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AND ASSIGNS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO THE PRO PROGRAM PROVIDER DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
PROVISIONS SPECIFIC TO MANAGEWP SERVICES
As a Pro Program Provider, you may have access to use ManageWP. ManageWP is a website management console which allows its users to administer any number of websites including, but not limited to, management, monitoring, backups, deployment, publishing, and security tools. You acknowledge and agree that your use of ManageWP is subject to the terms of service located here, which are hereby incorporated by reference.
PROVISIONS SPECIFIC TO REWARD POINTS
Rewards Program Rules

As a Pro Program Provider, you have the opportunity to earn reward points for purchases (“Points”) made through the use of the Pro Program. Your participation in the Fastispeed Pro Rewards Program (“Rewards Program”) is subject to the Rewards Program Rules set forth below:

The Rewards Program structure is subject to modification, cancellation, or limitation at Fastispeed’s discretion, with or without notice. Point redemption restrictions may be imposed at any time.
Only individuals are eligible to participate in the Rewards Program, and each individual may maintain only one Rewards Program account. Corporations, groups and/or associated entities cannot participate in the Rewards Program.
Accrued Points do not constitute property of the customer. Points have no cash value. Points accrued by a customer are for the customer’s benefit only and may not be transferred to anyone.
POINTS EXPIRATION POLICY: Customer must maintain an active account in the Pro Program to retain Points they accumulate. Points expire 2 years after being accrued.
Earning and Using Points

Points are earned by completing or referring orders through the Pro Program, as well as by completing orders in the Pros account. You acknowledge and agree that only purchases completed through the Pro Program or through your own account will be eligible for Points. Purchases completed 1) over the telephone, 2) through Fastispeed’s Discount Domain Club, or 3) through a Fastispeed affiliated entity, are not eligible for earning Points.

Fastispeed shall use commercially reasonable efforts to provide you with accurate daily estimates of the Points that you have generated. You acknowledge and agree that daily estimates do not represent an exact determination of your Points and the exact amount of your Points are determined at the end of the applicable revenue generating period. Additionally, in calculating your Points, amounts may include fractions of a monetary unit. We shall use commercially reasonable efforts to round these amounts to the nearest point in a manner so as to benefit you. However, our determination regarding calculating Points shall be the final and binding.

Orders that are refunded or charged back to the original payment method will debt any earned Points that the order generated from your Point balance. Qualifying orders are net of returns, credits, refunds and adjustments and defined as purchases made at Fastispeed.com or its affiliate sites excluding sales taxes,

Points are not earned until thirty (30) days after the purchase date of the services. After this time, Points are able to be redeemed for in-store credit available to be used exclusively at Fastispeed.com. Such Points will be redeemed in the equivalent of UK Pound.

Points redeemed to Fastispeed.com in-store credit are not eligible to be cashed out and are subject to cancellation two years after they’ve been accrued.

Fastispeed reserves the right to revoke Points if there is suspected fraudulent or abusive activity.

The earning structure (the “Earning Structure”) for the Pro Program shall be based on the total checkout amount in UK Pound in you or your Customer’s shopping cart after any applicable product discounts or exclusions. The Earning Structure may be comprised of (i) a percentage rate per product or service, (ii) a fixed amount per product or service, or (iii) a combination of both. The current Earning Structure is set forth below:
Qualifying products – Pro Program (Effective as of February 8, 2016) is equal to 5%
Provider Qualifying products – Pro Plus Provider (Effective September 1, 2016) is equal to 10%
Pro Plus Eligibility for Pro Program Providers

Fastispeed will designate a “Pro Program provider” as a “Pro Plus provider” when they earn 2,500 qualifying points within a calendar year.

Pro Plus Providers receive the following benefits in addition to any benefits enjoyed as a Pro Program provider: (1) the ability to create a profile in the Pro Connect area (as described in Section 3 of this agreement), (2) the ability to earn additional points (as described in section 7(b) of this agreement).

Pro Plus Status expires on December 31st of the year following the designation of Pro Plus status on a Pro Program provider. Once in place, Plus status will be maintained as long as a Provider earns 2,500 in a given calendar year.

Redeeming Points for in-store credit does not affect the number of points earned for the purposes of being eligible for the Pro Plus membership.
CONTACT US
If you have any questions about the Fastispeed Pro Program or this Agreement, please contact us at the address below:

Fastispeed Legal Department
Unit 14 Fifty, 7 Frederick St,
Birmingham
B1 3HS
admin@fastispeed.com

Telephone: 0333 050 7947