ATTENTION! Please carefully read and understand all of the provisions of this Service Agreement before registering on Provider’s website. By registering at www.InstaRocket.co you agree to accept all of the provisions set forth in this Agreement.
Service Agreement
Ukraine
- This Service Agreement (hereinafter referred to as the «Agreement») does not constitute а public offer.
- The Agreement shall be deemed to have been concluded and become effective from the moment you have created InstaRocket account, i.e. the Client have registered on the website by using their own email address; which means full and unconditional acceptance of all provisions contained herein with no eliminations and limitations whatsoever.
- Terms and definitions.
- Service means a website located at www.InstaRocket.co, containing information about the services rendered by the Provider together with the terms and provisions, and allowing to register InstaRocket account.
- Client means a private person, who has created InstaRocket account and accepted this Agreement by registering on the website and using it to his or her personal advantage in accordance with the rules specified by the Provider.
- Accept means full and unconditional acceptance of all provisions contained herein.
- Instagram means photo and video-sharing application with social media features, allowing to create photos and videos, apply filters to them, and distribute them via its own service or other social networks.
- InstaRocket Account means Client's personal InstaRocket account, allowing him or her to receive the services under the Agreement.
- Instagram Account means one's personal Instagram account.
- Password and Username mean the access codes specified by the Client at registration and used to get the access to his or her InstaRocket account in order to obtain Provider's services.
- Like means a label used to mark photos and videos on Instagram.
- Following means a subscription to one's news, distributed via Instagram.
- Follower means any Instagram Account owner.
- Promotion means a series of actions carried out by the Provider with regard to other Instagram users, their photos and videos, that includes a number of Followings and Likes, performed on behalf of account owner on Instagram.
- Paid Period means a paid period, during which the services are provided to the Client.
- Confidential Information means information about persons, things, facts, events, appearances, and processes, notwithstanding its form and representation, specified in the personal Instagram accounts, as well as other information provided by the Client at registration on the website and communicated to the Provider for the purpose of service rendering under this Agreement, including information about promotion parameters set by the Client, his or her Username and Password.
- Scope of Agreement
- The Provider shall render paid services to the Client on Instagram Account promotion in accordance with the provisions set forth herein.
- The Services provided under this Agreement include a series of actions on Promotion, which cannot exceed 1000 actions per day and are not guaranteed to be exact number but no lower than 1 per day.
- Rights and Obligations of the Parties
- The Provider shall have the right:
- to render the Services to the Client exclusively within the paid period.
- to render free Services to the Client with regard to any Instagram Account added to InstaRocket Account.
- to define service rendering procedure at its sole discretion.
- to attract third parties to service rendering without the express approval of the Client.
- to render no services or stop the initiated process, if the Client prevents or makes impossible to render the services, infringes the legislation of Ukraine, third party rights, rights and obligations set forth herein; with all that said, Provider shall have the right to unilaterally and without judicial procedures terminate this Agreement by sending the email to the Client and to seek full recovery of its losses.
- to perform Instagram Account promotion on a daily basis.
- The Client shall have the right:
- If the Provider fails to render the services in a proper way (i.e. the Provider fails to render the services during a certain period), the Client may require at his or her own option: - either to eliminate shortcomings for free. The period of time necessary to eliminate shortcomings shall be the same as that, during which the services have not been rendered; - or to extend the service with the same amount of days.
- The Client shall have the right to add multiple Instagram account and specify parameters of promotion at his or her sole discretion if the subscription package allows it.
- Quality of Services
- Quality of Services are expressed in terms of scope of rendered services, which shall comply with this Agreement. Quality/Scope of services rendered shall be confirmed with the help of Provider’s hardware and software tools. It is understood and agreed that the reports obtained with the help of such hardware and software tools are legally binding for both parties.
- Cost of Services and Terms of Payment
- The Provider independently sets the prices and publishes them at https://instarocket.co/pricing.
- The Provider shall have no right to unilaterally change the prices for prepaid services.
- The Provider shall notify the Client about all changes in price plans by publishing related information at https://instarocket.co/pricing.
- The Client shall execute prepayment in full for the requested Services.
- All payments made under this Agreement shall be made in non-cash form using PayPal or credit/debit card payment system.
- Confidential Information
- The Parties agree not to disclose Confidential Information without the prior written consent of the Disclosing Party.
- Transmission of Confidential Information over unsecure channels used for telephone, telegraph, and facsimile communication, as well as via the Internet, without necessary protective measures satisfying both Parties, shall be possible solely for the purpose of execution of this Agreement.
- It shall be permitted to disclose Confidential Information that is required or requested to be disclosed by a governmental authority without the consent of the Disclosing Party to the extent such disclosure is permitted or prescribed by the existing legislation. The Receiving Party shall notify the Disclosing Party of any such disclosure, including the scope and nature of disclosed information.
- Liability of the Parties and Dispute Settlement Procedure
- The Parties shall be liable for non-fulfilment, improper fulfilment, and late fulfilment of their obligations under the Agreement in accordance with legislation of Ukraine.
- Should Confidential Information be disclosed by any Party, the Faulty Party agrees to indemnify the other Party from and against all losses.
- If the Agreement has been early terminated or the Provide has refused to perform under the Agreement, the Client agrees to pay to the Provider a penalty for early termination of Agreement or refusal to perform under the Agreement in the amount equal to the cost of prepaid but not used period. The Provider shall have the right to unilaterally and without judicial procedures deduct penalty from the amount payable to the Client.
- The Parties shall not be liable for any failure to perform any obligation hereunder to the extent such failure is caused by force majeure circumstances.
- The Provider shall not be liable for information, data, photos, drawings, pictures, services, and goods published on one’s Instagram account. The Provider shall not be liable for actions or omissions of Instagram user, i.e. the Client, with regard to services rendered by such user, sale of goods, distribution, reproduction, and duplication of information and data on Instagram. The owner (user) of Instagram account shall be solely liable for compliance with the legislation of Ukraine regarding sale of goods, rendering of services, distribution of information, data, photos, drawings, pictures, and other copyright-protected items.
- If Instagram account will be blocked or deleted, or the user will cease to use it due to actions or omissions of Instagram staff, administration, or other third parties, the Client agrees that the Provider shall not be liable for any such actions or omissions.
- The Parties shall use their best efforts to settle all disputes and disagreements, which may arise out of this Agreement, in an amicable manner. Complaint response time shall make 20 (twenty) business days.
- Should the Parties fail either to reach agreement, or to settle the disputes under a pre-action protocol, such disputes shall be referred to and finally resolved by court at the Provider’s location.
- Final provisions
- In other respects, that are not specified in the present Agreement the Parties shall be governed by existing law of Ukraine. Should any provision of this Agreement fail to comply with the existing legislation of the Ukraine, other provisions shall remain in full force and effect.
- This Agreement shall come into force when InstaRocket account is created and shall remain in full force and effect during the whole paid period. This Agreement shall automatically renew each time any subsequent payment is made.
- Either Party may terminate this Agreement immediately upon written notice to the other Party. The date of receiving the email shall be the moment of termination of this Agreement.
- The Parties shall inform each other in advance of any changes in their addresses; otherwise, all actions performed by any Party in the absence of information about the address of the other Party shall be deemed duly executed.
- E-mail messages sent to the addresses specified at registration shall be deemed binding.
- The Parties undertake to notify each other about all attacks or other unauthorized access to their e-mail accounts. Should either Party fail to send such notification, the actions performed by the other Party given available information shall be deemed duly executed.
