General Terms and Conditions for the service ”INSTATACTIC”
1. Scope of application
1.1 INSTATACTIC, e-mail: firstname.lastname@example.org operates an instagram management service with the name “INSTATACTIC”, which can be accessed on the Internet at the URL www.instatactic.com. With INSTATACTIC users can subscribe to an Instagram manager, which promotes the range of an Instagram profile by generating followers and likes.
1.2 The offer is aimed at consumers and entrepreneurs. A consumer is any natural person who makes purchases on INSTATACTIC for a purpose that is predominantly neither commercial nor self-employed. Entrepreneur is any natural or legal person or partnership with legal capacity, who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
1.3 These General Terms and Conditions (GTC) are an integral part of the contract and apply to all business relationships, including future ones, between INSTATACTIC and you in connection with the INSTATACTIC service. You accept the General Terms and Conditions in their entirety in the version valid at the time of the conclusion of the contract. Any provisions deviating from these terms and conditions, in particular any terms and conditions you may have, are hereby rejected.
1.4 As far as INSTATACTIC updates these GTC, it will immediately inform its customers about the new version. The new GTC become part of the contract if the customer has agreed to them or does not object to the GTC within two weeks after notification of the update.
2. Service models, registration, profile
INSTATACTIC can be booked in one subscription model: the Standard Version. There is no entitlement to use.
In all subscription models offered, the Instagram account covered by the contract is assigned a human and personal account manager by us.
The account manager does not create or publish any content on the customer’s Instagram profile (especially no postings, no stories, no comments). In addition, an Account Manager will not read or send Instagram messages.
However, the Account Manager will endeavor to promote the organic growth of a customer’s Instagram profile by manually interacting with Instagram, Follow, Unfollow, with a certain amount of time per day.
A customer profile is actively maintained during the contract period in the Starter version of INSTATACTIC with a single time expenditure per day.
3. Offers, ordering and contract conclusion
3.1 All our offers are always subject to change and non-binding. You have the possibility to take out a monthly subscription with us. To conclude the contract, first click on the button “Get Started” for the desired subscription model. In the next step you will be asked to provide further information about Instagram access data and you as a contractual partner. In particular, you must provide your Instagram username, password, first name, surname, address and phone number.
3.2 We will then send you an order confirmation by e-mail in which your order is listed again and which you can print out by clicking on the “Print” function. The order confirmation represents the acceptance of your offer. If you do not receive the order confirmation within 24 hours of your order, please contact us immediately.
3.3 We point out that INSTATACTIC is entitled to use the e-mail address of the customer given during the conclusion of the contract to send him direct advertising for its own similar goods or services. The Customer may object to this use of his e-mail address at any time without incurring any costs other than the transmission costs according to the basic rates. For an objection you can contact INSTATACTIC, by contact form or by e-mail: email@example.com.
4. Term and cancellation of a subscription
Subscription contracts are initially concluded for the selected period (1 month). They are automatically renewed for the same period until the customer cancels the contract before the end of the respective term. You can cancel the contract and subscription directly using the INSTATACTIC members area, or you can send us a cancellation in text form (by e-mail).
5. Prices Payment, offsetting, right of retention
5.1 The prices stated on our website at the time of the order shall apply. The prices are shown in EURO (€) and US Dollar ($).
5.2 The subscription price including all other costs, if any, is due initially upon conclusion of the contract and at each renewal of the contract for the respective term of the subscription.
Payments shall be made without discounts or other deductions unless another method of payment is expressly agreed in writing and shall be made in accordance with the following provision in clause 6 by PayPal or credit card before the subscription services are provided.
5.3 In the event of an extension of a subscription (see clause 4), you must pay a new fee for the extension period. The subscription price for the extension period will be calculated at the beginning of the extension period using the payment method you selected when ordering.
5.4 The obligation to pay the subscription price in full remains unaffected if INSTATACTIC is unable to provide the services owed for reasons beyond their control (e.g. due to the customer’s failure to provide current Instagram access data or private connection of the Instagram profile, non-availability of Instagram, blocking of any kind by Instagram).
6. Payment methods
The following payment options are available to you when concluding a contract on INSTATACTIC:
Before completing your order, select “PayPal” – a service of PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg – as your payment method. Please follow the further instructions on our website or from “PayPal”. Before the final completion of your order you will be asked by “PayPal” in a separate window to make the payment. Once this payment process has been completed by “PayPal”, you will complete the actual order process.
7. General principles of service provision
7.1 Statements and explanations about the services of the service “INSTATACTIC” on the websites, social media appearances or other advertising material of INSTATACTIC are not to be understood as a guarantee or assurance of a characteristic. Statements about “INSTATACTIC” only constitute guarantees or assurances in the legal sense if they are expressly designated as “guarantee” or “assurance”. INSTATACTIC does not owe – unless otherwise agreed – any success with regard to the services provided by the “INSTATACTIC” service, i.e. in particular no specific number of followers, like or commentary etc. Since an increase in the size and reach of an Instagram profile depends on a number of factors, in particular on the quality and frequency of the content posted by the customer, INSTATACTIC does not owe any increase in the number of followers, like or comments on the customer’s Instagram profile.
7.2 INSTATACTIC is entitled to use the help of subcontractors in the context of the provision of services.
7.3 The customer supports INSTATACTIC to the necessary extent in the provision of services. In particular, the Customer has to provide INSTATACTIC in due time with the necessary access data to the Instagram profile that is the subject of the contract. On the order page, the Customer will provide his Instagram access data to INSTATACTIC for the maintenance of his profile on this social network. The customer is solely responsible for notifying INSTATACTIC immediately via a secure transmission channel of any changes to his access data during the term of the contract. With the termination of the contractual relationship, the Customer is subject to the post-contractual obligation to change the password for his Instagram account for security reasons.
7.4 The customer warrants that he is the owner or provider of the Instagram account covered by this agreement.
7.6 The customer shall publish and use content on Instagram at its own risk. INSTATACTIC does not confirm, support, represent or guarantee in any way the completeness, truthfulness, accuracy or reliability of the content published by the customer on the social network in his account.
7.7 The customer warrants that his Instagram profile does not contain any illegal and/or abusive content. This includes content that violates laws, is pornographic, racist, anti-Semitic, discriminatory and/or violates human dignity. INSTATACTIC is not obliged to legally check the contents of the customer. The customer is solely responsible for their legality. However, INSTATACTIC is entitled to stop the provision of services and to terminate the contract with the customer without notice if the customer or a third party commissioned by the customer publishes illegal and/or abusive contents.
7.8 The Customer indemnifies INSTATACTIC from any liability in case of a violation of clauses 7.5-7.7 of these GTC and assumes the necessary costs of legal defense in case of a legal claim against INSTATACTIC.
8. Cancellation policy
8.1 If you conclude a contract with us as a consumer, you are basically entitled to a statutory right of revocation, about which we provide information below in accordance with the statutory model. A sample revocation form can be found in section 8.2.
Right of withdrawal
You have the right to cancel this contract within thirty days without giving reasons. The revocation is immediate from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform INSTATACTIC, E-Mail: firstname.lastname@example.org by means of a clear statement (e.g. an e-mail sent) of your decision to withdraw from this contract. You may use the attached model revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery from the cheap standard delivery offered by us), immediately and at the latest within fourteen days of the day on which we receive notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged for this repayment.
If you have requested that the services should commence during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of cancellation in respect of this Agreement compared to the total amount of services provided under the Agreement.
8.2 Model cancellation form
(If you want to cancel the contract, please send an e-mail).
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/for the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of communication on paper)
(*) Delete as applicable
9. Liability and availability
9.1 A liability of INSTATACTIC – regardless of the legal basis – only occurs if the damage
by culpable breach of a material contractual obligation or material secondary obligations in a manner that endangers the achievement of the purpose of the contract, or
by gross negligence or intent of INSTATACTIC
has been caused.
9.2 If INSTATACTIC is liable for the breach of an essential contractual obligation according to clause 9.1a) without gross negligence or intent, the liability is limited to that extent of damage which INSTATACTIC typically had to expect at the time of the conclusion of the contract due to the circumstances known to it at that time. This applies in the same way to damages caused by gross negligence or intent by employees or agents of INSTATACTIC who are not part of its managing directors or executive staff. The liability for consequential damages, especially for loss of profit or compensation for damages of third parties, is excluded, unless INSTATACTIC is guilty of intent or gross negligence.
9.3 Claims for damages under the Product Liability Act and for damages resulting from injury to life, body or health remain unaffected by the above limitations of liability.
9.4 The aforementioned limitations of liability also apply in favour of possibly involved legal representatives and vicarious agents of INSTATACTIC.
9.5 If the Customer acts as an entrepreneur (clause 1.2) INSTATACTIC is liable for a maximum period of 6 months after the discovery of the breach of duty.
9.6 Any liability claims are void if the Customer intervenes on his own initiative in the sphere of INSTATACTIC, modifies services of INSTATACTIC in any way, regardless of the extent to which such modifications take place or have taken place. Furthermore, INSTATACTIC is explicitly not liable for damages due to sanction measures taken by Instagram due to the provision of the commissioned INSTATACTIC services (e.g. action blocking, account blocking, etc.), nor for the availability of Instagram.
10. Data protection
10.1 The parties are aware that all information acquired during the relationship constitutes secret information, 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.