Terms of Service
This document outlines the responsibilities and obligations of the customer (hereafter known as “You”) and Wormly Performance™ (hereafter known as “Us”). Our service offerings are collectively referred to as the “Service” throughout this document.
Your acceptance of these terms is indicated by your use of the Service. We reserve the right to terminate your usage of the Service if we believe you have not abided by these terms in any way. We also reserve the right to terminate your Service at any time, for any reason, at our sole discretion.
Free Trial
New customers are permitted to use the full Service for a 14-day period free of charge to assess its ability to meet their needs.
You are permitted one (1) free trial period only, and may not by any means gain more than one trial period or attempt to extend your free use of the Service in any way.
Once the free trial period has expired, your account type will revert to a “Wormly Free” account, which imposes limitations on your usage of the Service. We will contact you to solicit your feedback on our service.
You may activate your account at any time during the trial period, without forfeiting your free trial allowance, and you may also activate a “Wormly Free” account at any time.
Lawful Use
You agree to use the Service only for lawful purposes.
You may not use the Service to cause undue interference with other entities' systems in any way.
You agree to indemnify Us against any usage of the Service You undertake that may lead to legal recourse by any 3rd party. We take no responsibility for any actions undertaken by You in your use of the Service.
Service Charges
Wormly operates as a post-paid service. This means that we issue you with an invoice at the end of each calendar month for the Service provided in that month.
If you have a positive account balance, your invoices will be automatically paid from this balance where possible.
Otherwise, you agree to pay these invoices in full within seven (7) days of their issue.
Failure to do so may result in suspension of the Service.
Referral / Affiliate Program
The Referral Program signals our agreement to pay You a 10% commission on payments received by Us from customers referred by You.
Commissions will only be paid for referrals deemed by Us to be valid. We use a variety of algorithms in order to best determine if a customer was referred by You. However we make no guarantees to the accuracy or reliability of these algorithms, and reserve the right to have final judgment over what commissions are due and paid to You.
Commission payments are made via PayPal, and will only be paid once $50 of commissions have been earned by You.
Spam or any form of unsolicited advertising to promote the Service is strictly forbidden and will result in immediate forfeit of all commissions.
Your participation in the Referral program, like all aspects of the Service, can be terminated by Us at any time, for any reason, at our sole discretion.
Cancellation
You may cancel your account at any time without penalty. To cancel your account, contact Us via the Customer Support panel. All Service charges accrued up until the cancellation date must be paid in full.
DISCLAIMER
THE SERVICE IS PROVIDED “AS IS” AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
JURISDICTION
This licensing agreement is issued in Australia and therefore subject to the laws of the Commonwealth of Australia. Disputes shall be settled in accordance with said laws.
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See Also
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Mark Harbottle from SitePoint said:
“We chose Wormly because website uptime is crucial to our business … A slow or unreachable website translates directly into revenue lost.” Read on »
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