CONTRACTUAL CONDITIONS OF SUPPLY OF THE SERVICE
The present contractual conditions, together with the order form filled out by the user, (which will be saved on our servers and which must be considered an integral and substantial part of this contract) rules the relationship that is between NBS srl, (hereinafter referred to as NBS only o Supplier) based in Bergantino (RO) in Via Vaccara 792, P.IVA e CF 01563280294 and the Customer (indicated in detail in the form) who signs the present contractual conditions with the “point and click” technique
The object of the contract is the supply to the customer of the robotic automation service of actions on the Instagram social network, with the methods and details indicated below (hereinafter referred to for simplicity as “Service”).
In particular the Service can be activated with three distinct modes:
- DESCRIPTION OF THE MODES
The “PLATINUM”, “ÉLITE” and “BASIC” service modes include robotic automation of the following actions: “follow” (about 200 a day), “unfollow” of customers automatically followed during the previous 24 hours, “Like” (about 400 a day) and, limitedly to the “platinum” and “élite” packs, the “mass stories viewer”(up to 2 million a day). The “ÉLITE” and “BASIC” service modes include, by choice and by an extra payment, the following additional services:
– deactivation of posts and Instagram Stories made by the automatically followed users
– displaying of the stories of the “followed” and “following” profiles
– Italian targeting
– block of ghost users
– sending of the “automatic direct message”
– obtaining “up to 1000 Like” to Post
The Additional services mentioned above are included in the cost in the “PLATINUM” service mode. Within the cost of the “ÉLITE” service is included the purchase of the e-book “How to best optimize the publication of posts on Instagram and increase interactions”. Within the cost of the “PLATINUM” service mode, the purchase of the e-book includes “How to best optimize the publication of posts on Instagram and increase interactions” and the e-book “How to become an Influencer and make money with Instagram”.
The target profiles’ research is based on the informations provided by the customer while filling the order form and are identified through the analysis of the usernames given as examples by the customer himself as exemples. Also the choice of the profiles with which interact will be automatized, based on algorithms and, therefore, any deviations of the target can’t be considered as a disservice.
The customer declares to be aware of the fact that the system, even if it doesn’t constitute any unauthorized access to the informatic system or any other crime under the laws of the State, violates the rules of Instagram and the Terms and Conditions of the Social Network and, therefore, it assumes all responsibility for using the Service as a tool to increase its profile.The Customer also declares that, although the system perfectly emulates human actions and allows to automate absolutely legitimate behaviors, it may incur the suspension or closure, even definitive, of its Instagram account by the social network itself, and takes full responsibility at its own risk. In this case the payment of the monthly service will be still required. The customer is able to excercise its withdrawal right and disactivate the automatic renewal. The customer also declareso to be acknowledged that, at the end of the service, the “unfollow” actions related to the “follow” actions done during the last day won’t be executed.
For the purposes of the correct functioning of the Service, the Customer must communicate the username and the password to the NBS, which undertakes to keep it in accordance with the EU Regulation 2016/679 and to destroy it immediately at the end of the contract. The Customer acknowledges that, in the event of a change in the credentials, the service cannot be provided and will be suspended.
- OBLIGATION OF MEANS
NBS indicates numerically, within the service website, the results that can be obtained through the Service. These numbers are merely examples and are based on the average of the results achieved by its customers. NBS accepts an obligation of means and not of result. Within the context in which the service operates, therefore, the lack of results referred to the examples shown in the website does not in any way represent an NBS’s contractual default. The Customer declares that he is aware of the fact that various external factors to the NBS intervention, including, for example, the type of posts published by the Client, contribute to the achievement or not achievement of the prefixed result.
With this contract, NBS undertakes, with respect to the agreed payment, to perform the Service in favor of the Customer. In particular the “PLATINUM” mode has a monthly cost of € 199.00, the “ELITE” mode has a monthly cost of € 149.00 and the “BASIC” mode has a monthly cost of € 99.00. All amounts are inclusive of VAT. The customer, according to the DL n. 119/2018, may request an invoice only for orders issued up to 10 days from payment.
The Service is activated in accordance with the necessary times depending on the resources and in the shortest possible time. The customer declares to be aware and to accept that the terms for the activation of the service, possibly presented, must be considered merely indicative. The customer is obliged to provide all the material necessary to enable a rapid activation of the service and any slowdown in these obligations by the customer can never be considered as a delay in the activation of the service. The customer declares to be aware of the fact that any delays in the fulfillment of the duties of the customer may lead to the postponement of the latter’s position and the consequent time priority with respect to others, in the list of services to be activated by NBS.
- DURATION AND RENEWAL
This contract will be valid and effective for 30 days, starting from the activation moment. At the end of the contract, the same will be automatically renewed for a duration equal to the previous period of time. The customer may excercise their right of withdraw from the automatic renewal at any time by accessing their reserved area, in the subscription section, at the following address: https://www.instagrow.it/en/mio-account/sottoscrizioni/. The automatic renewal is considered canceled only after its cancellation through the appropriate section. In case of cancellation, the Service will remain active until the agreed deadline.
- CUSTOMER WITHDRAWAL
The customer can excercise the right of withdrawal and immediately interrupt the service at any time. However, in this case, if the Customer withdraws before the expire of the envisaged deadline, it will still remain bound by law to pay the entire economic quota pertaining to it (also as a penalty under Article 1382 of the Civil Code) for the period of service not enjoyed.
- RIGHT OF WITHDRAWAL OF THE CUSTOMER
NBS recognizes the right of withdrawal to the Consumer. However, pursuant to Legislative Decree 6 September 2005 n. 206, since it is a contract for the supply of digital content, the sale of e-books and a personalized service, the withdrawal must be exercised before the NBS staff provides the personalized service for setting up, implementing and activating the Service based on the indications provided by the customer on the form. Pursuant to Article 59 of the aforementioned legislation, the consumer expressly accepts, from that moment, the loss of his right of withdrawal. In case the customer wants to exercise the right of withdrawal, he must send an email to [email protected] within the activation of the service and not later than 14 days after signing the contract. The right of withdrawal can’t be applied to tacit renewals.
Of NBS reserves the right to withdrawal from the contract even before activating the service. In case of non-activation of the service for reserved choice of NBS, this will be required exclusively to return the amount paid in advance by the customer. The customer acknowledges and agrees that he has no further rights and that he cannot make claims against NBS for compensation or compensation for the damage caused by the failure to activate the service.
- LIMITATION OF LIABILITY
NBS performs a mere consulting service, following the instructions of the Customer, on behalf of the same. NBS therefore in no case assumes any responsibility for all data entered, transmitted or otherwise processed by the customer through the service, for messages sent or for consequences that could derive from follow-up of accounts not appreciated by the Customer or display of the stories of the themselves. In no event shall NBS be held liable for damages suffered by the customer or by a third party due to its actions. The customer acknowledges that due to the automation of the Service, Instagram may impose a block on activities temporarily during which the profile will still be active and available, but some actions may be blocked.
To NBS, in its total discretion, without the exercise of this faculty being challenged as a breach of contract, it reserves the right to suspend or interrupt the service even without notice in the following cases: a) The customer defaults or violates even one of the provisions contained in the contract; b) Is requested by the judicial authority; c) There are justified reasons of security or confidentiality.
- ; CLAUSE OF SPECIFIC ANNULMENT
NBS reserves the right to withdraw from the contract with immediate effect if: a) the Customer violates the obligations set forth in this contract and the present supply conditions;
b) events due to force majeure occur;
c) the Customer performs any illegal activity according to the laws of the Italian State using the service.
In the event that, for any reason, payment of the agreed renewal fee is not paid, NBS reserves the right to suspend or terminate the provision of the service with immediate effect, considering the non-payment as withdrawal from automatic renewal.
The ordinary assistance during the hours shown in the website footer is guaranteed to the Customer and nothing is due for it. With ordinary assistance we mean any intervention aimed at solving problems or dysfunctions deriving from the work of NBS for the received task. Anything that is not included in the aforementioned definition is considered extra-ordinary assistance, the cost of which is agreed outside this contract, any changes to be made after the ultimation of the activation could be considered extra-ordinary assistance , at the unquestionable evaluation of the NBS.
- CONFIDENTIAL INFORMATION
The parties are aware that all the informations acquired during the report are secret informations, pursuant to and for the purposes of articles 98 and 99 of Legislative Decree n. 30 of 10 February 2005, highly confidential information or information protected by the legislation on the protection of industrial property. The parties mutually undertake, also, not to disclose or communicate any information or data related to the implementation methods and technical rules.
- DISPUTE RESOLUTION ONLINE DISCLOSURE
In accordance with and for the purposes of art. 14 of the EU regulation n.524 / 2013, consumers resident in the States belonging to the European Union are informed that for the resolution of disputes relating to this contract and the online services offered by this site, there is the possibility of resorting to the proceedings of Online Dispute Resolution (ODR), envisaged by the European Commission, and accessible 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 e-mail address of NBS is [email protected]
- APPLICABLE LAW AND JURISDICTION
The contract is governed exclusively by the Italian law. The competent court to resolve and decide any dispute relating to the execution, interpretation, and application of the contract is that of Rovigo.