Agitate 99 Performance Guarantee — Terms

1. The Guarantee

Agitate Digital guarantees that websites we build will meet defined Core Web Vitals performance standards, measured in two stages:

1.1 Launch standard (lab measurement).

At launch handover, your website will achieve a Google PageSpeed Insights score of 90 or above on the mobile device profile, on the homepage and the primary template pages defined in your project Statement of Work. Measurement is performed by Agitate Digital in our controlled testing environment immediately prior to handover.

1.2 Field standard (real-user measurement).

Between 28 and 56 days after launch handover, the site’s Chrome User Experience Report (CrUX) origin-level data will show all three Core Web Vitals metrics — Largest Contentful Paint (LCP), Interaction to Next Paint (INP), and Cumulative Layout Shift (CLS) — classified as “good” at the 75th percentile.

The field standard applies only where the site has sufficient traffic for CrUX to populate origin-level data. Where CrUX data is unavailable or insufficient, the launch standard (clause 1.1) is the sole reference.

2. Remedy

If either standard is not met and a valid claim is submitted under clause 4, Agitate Digital will perform performance remediation work at no additional cost, up to a maximum of five (5) working days of studio time.

The remediation obligation is discharged when:

(a) all measured Core Web Vitals metrics meet the relevant standard above; or (b) the five-day cap has been reached, whichever occurs first.

Where the cap is reached without the standard being met, Agitate Digital will provide a written summary of remediation performed and recommendations for further work, which may be undertaken at our standard rates.

This guarantee is limited to remediation work only. No refunds, credits, fee reductions, discounts or other monetary remedies are available under this guarantee.

3. Conditions

This guarantee is conditional on all of the following:

(a) The site is hosted on infrastructure approved by Agitate Digital — either our own hosting service, or a third-party hosting setup that we have assessed and approved in writing prior to launch (for example, certain client-managed Cloudways configurations). The hosting setup must remain unchanged throughout the guarantee period without our prior written approval.

(b) No plugins, themes, scripts, tracking pixels, third-party integrations, marketing or analytics tools, chat widgets, or other software have been added to the site post-handover by the client or any third party.

(c) No modifications have been made to templates, theme files, child themes, or core configuration by the client or any third party.

(d) Content additions (including images, video and other media) comply with the optimisation standards documented at handover.

(e) No changes have been made to DNS, CDN, or hosting configuration after handover.

4. Claims procedure

Claims must be submitted in writing to Agitate Digital within 60 days of launch handover.

On receipt of a claim, Agitate Digital will:

(a) Re-measure the site in our controlled testing environment using the same methodology applied at handover, and/or review CrUX field data for the relevant 28–56 day period.

(b) Inspect the site for any modifications, additions, or changes falling within the conditions in clause 3.

(c) Determine in writing whether the claim is valid.

Measurement performed by Agitate Digital under this procedure is the definitive reference. Measurements taken by the client or third parties (including PageSpeed Insights runs by the client, third-party performance tools, or hosting provider reports) are not accepted as the basis of a claim, but may be submitted as supporting evidence.

5. Exclusions

This guarantee does not apply to performance issues caused by, or measurements affected by:

(a) Modifications, additions or changes falling within clause 3.

(b) Third-party services or scripts (including but not limited to analytics, advertising, marketing automation, CRM, chat, heatmap, A/B testing, and tag management platforms).

(c) Third-party API or service latency outside Agitate Digital’s control.

(d) End-user device characteristics, network conditions, or geographic factors reflected in CrUX field data.

(e) Insufficient CrUX traffic data (in which case clause 1.2 does not apply, per its own terms).

(f) Hosting, DNS, or CDN changes made after handover, or migration of the site away from approved hosting infrastructure.

(g) Changes to Google’s Core Web Vitals methodology, metrics, thresholds, or measurement tooling occurring after the date of these terms. The Core Web Vitals standards referenced in this guarantee are those in effect on 1 May 2026. If Google introduces, replaces or modifies metrics or thresholds after this date, the guarantee continues to be assessed against the standards in effect at the date of these terms.

6. Scope

This guarantee applies only to websites where the Agitate 99™ guarantee is explicitly referenced in the Statement of Work or proposal. It does not apply retroactively to projects completed before the date these terms were issued, nor to sites where Agitate Digital was not the sole party responsible for build and launch.

7. Variation and termination

Agitate Digital reserves the right to update these terms for future projects. The terms applicable to a given project are those in effect on the date the project’s Statement of Work is signed.