CONTRACTUAL CONDITIONS FOR THE SUPPLY OF THE SERVICE
These contractual conditions, together with the order form filled in by the user, which will be saved on our servers and which must be considered an integral and substantial part of this contract, govern the relationship between NBS s.r.l., (hereinafter referred to as NBS or Supplier) based in Verona (VR) in Via Francia 5D, VAT number and tax code 01563280294 and the Customer (indicated in detail on the form) who signs these contractual conditions using the “point and click” technique.
The subject of the contract is the provision to the Customer of the Service of action on the social network Instagram, in accordance with the procedures and details indicated below (hereinafter referred to as the “Service” for simplicity).
In particular, the Service can be activated in the following distinct ways:
- MODE DESCRIPTION
The “TESTAGROW”, “BASIC”, “ELITE”, “PLATINUM” and “DIAMOND” service modes provide for the execution of “Follow” and subsequently “Unfollow” actions of the profiles followed during the previous 48/72 hours. With the previous modes, complementary actions will also be performed (“Feed scrolling”, “Profile search”, “Account opening”, “Browsing the explore page”, “Browsing the hashtags page”).
The “DIAMOND” mode of Service also involves performing “Like” and “Story view” actions on the profiles followed.
At the end of the Service there may remain a surplus of followed profiles compared to the initial status. This is normal as in the last days we focus on growth actions to optimise the final result. If, on the other hand, it is the Customer’s priority to return to the original number of followers, they should inform us at least 10 days before the end of the Service and we will take care of it. In the cost of the “PLATINUM” and “DIAMOND” Service is included the purchase of the EBOOK “5GRAM: the definitive guide to Instagram”.
The target is set according to the information provided by the Customer when filling out the order form based on the usernames provided as examples. If no sample usernames are provided at the time of order, the #InstaGrow Team will carry out an appropriate 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 possibility to contact customer Support to get support and optimise the target.
- DISCLAIMER OF LIABILITY
The Customer declares to be aware of the fact that the system, although not constituting any abusive access to a computer system or any other crime according to the laws of the Italian State, violates the rules of Instagram and the terms and conditions of the Service and, therefore, assumes all responsibility, for the use of 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 the suspension or closure, even definitive, of the account by Instagram, assuming full responsibility for this at their sole risk. In this case, the Customer will be able to request termination and will not use the automatic renewal. The Customer also takes note of the fact that, at the end of the Service, the “Unfollows” relating to the “Follows” performed in the previous 48/72 hours will not be carried out.
For the correct functioning of the Service, the Customer must communicate the username and password to NBS, which undertakes to keep them safe in accordance with EU Regulation 2016/679 and to destroy them immediately at the end of the contract. The Customer acknowledges that, if they change their password, the Service will not be provided and the “lost” days will not be recovered in any way.
- CONTRACT OF MEANS
NBS indicates numerically, within the website of the Service, the results that are obtainable through the Service. These numbers are merely illustrative and are based on the average results achieved by its Customers. NBS assumes an obligation of means and not of results. Therefore, within the context of the Service, the lack of results with respect to the examples indicated on the website does not in any way constitute a non-fulfilment of contract by NBS. The Customer declares to be aware of the fact that various factors external to the possibilities of intervention of NBS, including, by way of example, the type of posts published by the Client, contribute to the achievement of the predetermined result.
With this contract, NBS undertakes to provide the Service to the Customer for the agreed fee. In particular, the “TESTAGROW” mode has a cost of €69,00, the “BASIC” mode has a cost of €99,00, the “ELITE” mode has a cost of €149,00, the “PLATINUM” mode has a cost of €199,00 and the “DIAMOND” mode has a cost of €249,00.
The Service is activated within the necessary timeframe dependent on resources and in any case in the shortest possible time. The Customer declares to be aware and to accept that the time limits for activation of the Service, if any, are to be considered merely indicative. The Customer is obliged to provide all the material necessary to allow rapid activation of the Service and any delays in such fulfilments on the part of the Customer can never be considered as a delay in activation of 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 the entire duration of the purchased Service, starting from activation. When the contract expires, for the “BASIC”, “ELITE”, “PLATINUM” and “DIAMOND” Service modes, it will be automatically renewed for a duration equal to the previous period of time. The parties may cancel the automatic renewal at any time by accessing their reserved area, in the subscriptions section, at the following address: https://instagrow.it/en/account/.
The automatic renewal is considered cancelled only after it has been cancelled through the appropriate section. In the event of cancellation, the Service will in any case remain active until the agreed date, unless otherwise explicitly communicated by the Customer.
- CUSTOMER’S TERMINATION
The Customer may request termination and immediate interruption of the Service at any time. However, in this case, if the Customer terminates the Service before the expiry of the term provided, the Customer remains legally bound to pay the entire economic fee (also as a penalty pursuant to Article 1382 of the Italian Civil Code) for the period of Service not used.
- CONSUMER’S RIGHT OF TERMINATION
NBS acknowledges the right of termination to the Consumer. However, in accordance with Legislative Decree No. 206 of 6 September 2005, since it is a contract for the supply of digital content, the sale of e-books and a personalised Service, the termination must be exercised before the NBS staff provides the personalised Service for the setting up, implementation and activation of the Service on the basis of the indications provided by the Customer on the form. Pursuant to Article 59 of the aforementioned regulations, the Customer expressly accepts, from that moment, the loss of the right of termination. In the event of exercising the right of termination, the Customer must send an email to email@example.com within the activation of the Service and in any case no later than 14 days from the signing of the contract. The right of termination does not apply to tacit renewals.
- NBS TERMINATION
NBS reserves the right to terminate the contract even before activating the Service. In the event of failure to activate the Service due to the reserved choice of NBS, it will be exclusively obliged to return the amount paid in advance by the Customer. The Customer acknowledges and accepts to have no further right and not to be able to claim compensation or damages from NBS due to the failed activation of the Service.
- LIMITATIONS OF LIABILITY
NBS performs a Service of mere consultancy, carrying out the Customer’s instructions, on the Customer’s behalf. NBS therefore does not assume any responsibility for all the data entered, transmitted or in any case processed by the Customer through the Service, for the messages sent or for the consequences that may derive from “Follow”, “Like”, “Unfollow” or “Viewing stories” of accounts not appreciated by the Customer.
In no event will NBS be liable for any damages suffered by the Customer or a third party as a result of its actions. By purchasing the Service, the Customer accepts not to use or activate other Growth Services at the same time and not to carry out actions that may cause interference with those planned and carried out by the Team that will work in the account in object during the Service. NBS is not liable for any consequences in the event that the Customer performs the above-mentioned actions. The Customer acknowledges that, due to the nature of the Service, Instagram may temporarily impose a block on activities and that certain actions may be blocked.
NBS, at its complete discretion, without the exercise of such right being contested as a non-fulfilment of the contract, reserves the right to suspend or interrupt the Service, even without prior notice, in the following cases:
- the Customer violates even only one of the provisions contained in the contract;
- if requested to do so by a judicial authority;
- there are justified reasons of security or confidentiality.
- EXPRESS TERMINATION CLAUSE
NBS reserves the right to terminate the contract with immediate effect in the following cases:
- the Customer violates the obligations provided for in this contract and in these supply conditions;
- events caused by force majeure occur;
- the Customer carries out any activity that is unlawful under the laws of the Italian State by using the Service. If, for any reason, the payment of the agreed renewal fee is not paid, NBS reserves the right to suspend or interrupt the supply of the Service with immediate effect, considering the non-payment as termination of the automatic renewal.
Ordinary support during the hours indicated in the footer of the site is guaranteed to the Customer and nothing is due for it. Ordinary assistance shall mean any intervention aimed at resolving problems or dysfunctions deriving from the work of NBS for the assignment received. Anything that is not included in the above definition is considered extra-ordinary assistance, the cost of which is agreed outside of this contract, any changes to be made after the conclusion of insertion and activation may be considered extra-ordinary assistance, at the sole discretion of NBS.
- 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 residing in countries belonging to the European Union are hereby informed that for the resolution of disputes relating to this contract and to the online services offered by this website, there is the possibility of resorting to the Online Dispute Resolution (ODR) procedure, provided for by the European Commission, which can be reached at the following link: https://webgate.ec.europa.eu/odr/. In compliance with the provisions of the aforementioned legislation, we also inform you that the NBS e-mail address is firstname.lastname@example.org.
- APPLICABLE LAW AND JURISDICTION
The contract is governed exclusively by Italian law. The court with jurisdiction to resolve and decide any dispute relating to the execution, interpretation and application of the contract is that of Verona.