CONTRACTUAL CONDITIONS FOR SUPPLYING THE SERVICE
These contractual conditions, together with the order form completed by the user, which will be saved on our servers and must be considered an integral and substantial part of this contract, govern the relationship finalised between NBS srl (hereinafter referred to simply as NBS or the Supplier), based in Bergantino (RO) at Via Vaccara 792, VAT no. and tax code 01563280294, and the Customer (indicated in detail in the form) who signs these contractual conditions using the “point and click” technique.
The object of the contract is provision to the Customer of the Service of actions on the Instagram social network, with the modes and details indicated below (hereinafter referred to as the “Service” for simplicity).
In particular, the Service can be activated in three distinct ways:
- MODE DESCRIPTION
The “PLATINUM”, “ÉLITE” and “BASIC” Service modes involve performing the following actions: “Follow” and “Unfollow” of Users followed during the previous 24-48 hours or “Like”.
The target is set based on the information provided by the Customer when completing the order form on the basis of the usernames indicated as examples. If no sample username is provided when ordering, the #InstaGrow Team will perform a suitable search based on algorithms and, therefore, no responsibility can be attributed to NBS if the target is different from what the Customer expects .
However, the Customer has the option to contact Customer Support to obtain help in this regard and optimise the target.
- DISCLAIMER OF LIABILITY
The Customer declares to be aware that the system, although not constituting any abusive access to the computer system or any other crime according to Italian law, violates Instagram’s rules and the terms and conditions of the Service, and therefore assumes all responsibility for using the Service as a tool to increase their profile. The Customer also declares that, although the system perfectly emulates human actions, it could lead to Instagram suspending or closing their account, even definitively, and they fully assume responsibility for this at their sole risk. In this case they can request withdrawal and therefore not make use of the automatic renewal. The Customer also acknowledges that, at the end of the Service, the “Unfollows” relating to the “Follows” from the last day will not be carried out.
For the Service to function correctly, the Customer must provide their login and password to NBS, which undertakes to keep them in accordance with EU Regulation 2016/679 and destroy them immediately at the end of the contract. The Customer acknowledges that, if they change their password, the Service cannot be provided and will be suspended.
- CONTRACT OF MEANS
NBS provides numbers on the Service’s website that indicate the results that can be obtained through the Service. These numbers are merely examples and are based on the average results achieved by its customers. NBS assumes an obligation of means and not of results. Therefore, in the context of the Service, a lack of results in comparison with the examples indicated on the site does not in any way constitute a breach of contract by NBS. The Customer declares to be aware that various factors contribute to achieving the pre-established result which are outside NBS’ sphere of action, including, by way of example, the type of posts the Customer publishes.
With this contract, NBS undertakes to perform the Service for the Customer, for the agreed fee. Specifically, “PLATINUM” mode has a cost of €199.00, “ÉLITE” mode has a cost of €149.00 and “BASIC” mode has a cost of €99.00. All amounts are understood as inclusive of VAT. The Customer may ask for an invoice to be issued, in accordance with Article 6 of Italian Presidential Decree 633/1972, within 12 days of making the payment for the month in progress.
The Service is activated in compliance with the necessary times, dependent on resources, and in any case in the shortest time possible. The Customer declares to be aware and to accept that the periods for activating the Service, if any, are to be considered merely indicative. The Customer is required to provide all the material necessary to allow quick activation of the Service, and any delays by the Customer in fulfilling these obligations can never be considered a delay in activating the Service. The Customer declares to be aware that any delays in fulfilling their own obligations may lead to their position, and consequent temporal priority over others, slipping down the list of services to be activated by NBS.
- DURATION AND RENEWAL
This contract will be valid and effective for 30 days, starting from activation. When the contract expires, it will automatically renew for the same length of time as the previous period. The parties can withdraw from automatic renewal at any time by accessing their reserved area, in the subscription section, at the following address: instagrow.it/en/account. Automatic renewal is only considered cancelled once it has been cancelled via the appropriate section. In the event of cancellation, the Service will remain active until the agreed end date.
- CUSTOMER’S WITHDRAWAL
The Customer can request withdrawal and immediate interruption of the Service at any time. However, in this case, if the Customer withdraws before the expiry of the established period, they are still required by law to pay the entire pertinent portion of the fee (also as a penalty pursuant to Article 1382 of the Italian Civil Code) for the unused period of Service.
- CONSUMER’S RIGHT OF WITHDRAWAL
NBS recognises the Consumer’s right of withdrawal . However, pursuant to Italian Legislative Decree No. 206 of 6 September 2005, in the case of a contract for the supply of digital content, the sale of e-books and a personalised Service, the withdrawal must be exercised before NBS’ staff provide the personalized Service for setting, implementing and activating the Service based on the indications provided by the Customer in the form. Pursuant to Article 59 of the aforementioned legislation, the consumer expressly accepts, from that moment, the loss of their right of withdrawal. To exercise the right of withdrawal, the consumer must send an email to email@example.com before the Service is activated and in any case no later than 14 days after signing the contract. The right of withdrawal is not applicable to tacit renewals.
- NBS’ WITHDRAWAL
NBS reserves the right to withdraw from the contract even before activating the Service. In the event of failure to activate the Service due to NBS’ reserved choice, it will only be required to return the amount the Customer paid in advance. The Customer acknowledges and agrees not to have any further rights and to be unable to make a claim against NBS for indemnity or compensation for damage caused by failure to activate the Service.
- LIMITATIONS OF LIABILITY
NBS merely performs a consultancy service, following the Customer’s instructions and on the latter’s behalf. NBS therefore assumes no responsibility under any circumstances for all data entered, transmitted or otherwise processed by the Customer through the Service, for messages sent or for consequences that may derive from “Follows” or “likes” of accounts which are not to the Customer’s liking or displaying these accounts’ stories.
Under no circumstances can NBS be considered responsible for damages suffered by the Customer or a third party as a result of its work.
The Customer acknowledges that due to the automation of the Service, Instagram may temporarily impose a block on activities, during which the profile will still be active and available but some actions may be blocked.
NBS, at its full discretion, and without the exercise of this faculty being challenged as a contractual breach, reserves the right to suspend or discontinue the Service, even without notice, in the following cases:
- the Customer defaults or violates even one of the provisions contained in the contract
- it is requested by the judicial authority
- justified reasons of security or confidentiality exist
- EXPRESS TERMINATION CLAUSE
NBS reserves the right to withdraw from the contract with immediate effect in the event that:
- the Customer violates the obligations set out in this contract and in these supply conditions
- events caused by force majeure occur
- while using the Service, the Customer carries out any illegal activity according to Italian law. If the agreed renewal fee is not paid for any reason, NBS reserves the right to suspend or interrupt the supply of the Service with immediate effect, considering the non-payment as withdrawal from the automatic renewal.
Ordinary support is guaranteed for the Customer during the hours shown in the site’s footer, and nothing is due for it. Ordinary support means any intervention to solve problems or malfunctions deriving from NBS’ work for the assignment received. Anything not included in the above definition is considered extraordinary support, the cost of which is agreed outside this contract; any changes to be made after the conclusion of insertion and activation could be considered extraordinary support, at NBS’ discretion.
- CONFIDENTIAL INFORMATION
The parties are aware that all information acquired during the relationship constitutes secret information, pursuant to and for the purposes of Articles 98 and 99 of Italian Legislative Decree No. 30 of 10 February 2005, highly confidential information or information protected by legislation on the protection of industrial property. The parties also mutually undertake not to disseminate or communicate any of the information or data relating to implementation methods and technical rules.
- STATEMENT ON ONLINE DISPUTE RESOLUTION
Pursuant to and for the purposes of Article 14 of EU Regulation No. 524/2013, consumers resident in EU Member States are informed that to resolve disputes relating to this contract and the online services offered by this site, they have the option of recourse to Online Dispute Resolution (ODR), provided for by the European Commission, and reachable at the following link: https://webgate.ec.europa.eu/odr/. In compliance with the provisions of the aforementioned legislation, it is also stated that NBS’ email address is firstname.lastname@example.org.
- APPLICABLE LAW AND JURISDICTION
The contract is governed exclusively by Italian law. The jurisdiction to resolve and decide any dispute relating to the contract’s execution, interpretation and application is that of Rovigo.