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CONTRACTUAL CONDITIONS OF SERVICE SUPPLY

1. PREAMBLE
   These contractual conditions, together with the order form completed by the user, which will be saved on our servers and is to be considered an integral and substantial part of this contract, regulate the relationship that is finalized between NBS SRL, (hereinafter referred to simply as NBS or the Supplier) and the Customer (detailed in the form) who subscribes to these contractual conditions using the “point and click” technique.
2. OBJECT
   The object of the contract is the supply of the Service of actions on the social network Instagram to the Customer, with the methods and details indicated below (hereinafter referred to simply as “Service”).
3. SERVICE MODES
   Specifically, the Service can be activated in the following distinct modes:
   1. “TESTAGROW”
   2. “BASIC”
   3. “ELITE”
   4. “PLATINUM”
4. DESCRIPTION OF MODES
   Our “TESTAGROW”, “BASIC”, “ELITE”, and “PLATINUM” Service plans provide a series of strategic actions calibrated to maximize the visibility of the profile on Instagram. Such actions include interaction with other profiles and browsing within the platform, among other activities.
   The cost of the “PLATINUM” Service also includes the purchase of the EBOOK “5GRAM: the definitive guide for Instagram”.
5. TARGET
   The target is set based on the information provided by the Client at the time of filling out the order form. If nothing is provided during the ordering phase, the OniGrow Team will conduct an appropriate analysis, based on algorithms, and therefore, no liability can be attributed to NBS if the target is different from what the Client expects.
   The Client, however, has the option to contact Customer Support to obtain assistance regarding this matter and optimize the target.
6. DISCLAIMER OF LIABILITY
   The Customer understands that the use of the Service involves interactions with the social platform that may result in changes, suspensions, or terminations of their own account by the platform itself. The Customer agrees to take responsibility for such outcomes. Furthermore, it is informed that, in the event of such events, it will have the right to terminate the contract, preventing the automatic renewal of the Service.
7. ACCESS
   For the correct functioning of the Service, the Customer must communicate the Instagram profile access details to NBS, which undertakes to safeguard them in accordance with EU Regulation 2016/679. The Customer acknowledges that, in case of modification of the access details by the same, the Service cannot be provided and the “lost” days will not be recovered in any way.
8. CONTRACT OF MEANS
   NBS assumes an obligation of means and not of result. Within the scope of the Service, therefore, the lack of results compared to the examples indicated on the site does not constitute in any way a contractual default by NBS. The Customer declares to be aware of the fact that various external factors contribute to the achievement of the predetermined result, which are beyond the possibilities of intervention by NBS, including, by way of example, the type of posts published by the Customer.
9. CONSIDERATION
   With this contract, NBS undertakes, for the agreed consideration, to perform the Service in favor of the Customer. Specifically, the “TESTAGROW” mode has a cost of €29.00, the “BASIC” mode has a cost of €99.00, the “ELITE” mode has a cost of€169.00, and the “PLATINUM” mode has a cost of €239.00. All amounts are to be understood inclusive of VAT. The Customer may request the issuance of an invoice, according to article 6 of the d.p.r. 633/1972, within 12 days and not beyond the payment in the current month. Otherwise, a receipt will be issued.
10. ACTIVATION
    The Service is activated respecting the necessary time depending on resources and in any case as soon as possible. The Customer declares to be aware of and to accept that the terms for the activation of the Service, possibly proposed, must be considered merely indicative. The Customer is required to provide all the necessary material to allow a quick activation of the Service, and any delays in such compliance by the Customer can never be considered as a delay in the activation of the Service. The Customer acknowledges the fact that any delays in compliance by the Customer may lead to the postponement of the latter’s position and the consequent temporal priority with respect to others, in the list of services to be activated by NBS.
11. DURATION AND RENEWAL
    This contract will be valid and effective for the entire duration of the Service purchased, starting from activation. At the expiration of the contract, for the “BASIC”, “ELITE”, and “PLATINUM” Service modes, the same will automatically renew for a duration equal to the previous period. The parties may withdraw from the automatic renewal at any time by accessing their private area, in the subscriptions section, at the following address: onigrow.com/en/customer-area. The automatic renewal is considered cancelled only following cancellation of the same through the appropriate section. In case of cancellation, the Service will still remain active until the agreed term, unless otherwise explicitly communicated by the Customer.
12. WITHDRAWAL OF THE CUSTOMER
    The Customer may request withdrawal and immediate termination of the Service at any time. However, in this case, should the Customer withdraw before the expiry of the term provided, they remain obliged ex lege to pay the entire economic quota pertaining (also as a penalty ex art. 1382 c.c.) for the period of Service not enjoyed.
13. RIGHT OF WITHDRAWAL OF THE CONSUMER
    NBS recognizes the right of withdrawal to the Consumer. However, in accordance with Legislative Decree 6 September 2005 n. 206, being a contract for the supply of digital content, sale of e-books, and personalized Service, the withdrawal must be exercised before the NBS staff provides the personalized setting, implementation, and activation of the Service based on the indications provided by the Customer on the form. In accordance with art. 59 of the aforementioned legislation, the consumer expressly accepts, from that moment, the loss of their right of withdrawal. In the case of exercising the right of withdrawal, the consumer must send, before the activation of the Service and in any case no later than 14 days from the signing of the contract, an email to info@onigrow.com. The right of withdrawal is not applicable to tacit renewals.
14. WITHDRAWAL OF NBS
    NBS reserves the right to withdraw from the contract even before activating the Service. In case of non-activation of the Service due to a reserved choice of NBS, it will be solely required to return what was paid in advance by the Customer. The Customer acknowledges and accepts to have no further right and cannot make any claims for compensation or damages caused by the non-activation of the Service against NBS.
15. LIMITATIONS OF LIABILITY
    NBS performs a mere consulting Service, executing the instructions of the Customer, on behalf of the same. NBS, therefore, assumes no responsibility in any case for all data entered, transmitted, or otherwise processed by the Customer through the Service, for messages sent, or for consequences that may derive from activities performed.
    In no case can NBS be considered responsible for damages suffered by the Customer or by a third party as a result of its actions. By purchasing the Service, the Customer accepts not to be able to use or activate other Services similar to the one sold by NBS concurrently and not to be able to perform actions that may cause interference with those planned and carried out by the Team that will work on the account in question during the Service. NBS is not responsible for consequences in case the Customer performs the actions just mentioned. The Customer acknowledges the fact that, due to the nature of the Service, Instagram might temporarilyimpose a block on activities and that some actions might be blocked.
16. SUSPENSION
    NBS, at its sole discretion, without the exercise of such faculty being contested as a contractual breach, reserves the right to suspend or interrupt the Service even without notice in the following cases:
    1. the Customer becomes in default or violates even just one of the provisions contained in the contract;
    2. it is requested by the judicial authority;
    3. motivated reasons of security or confidentiality occur.
17. EXPRESS TERMINATION CLAUSE
    NBS reserves the right to withdraw from the contract with immediate effect in case:
    1. the Customer violates the obligations provided by this contract and these conditions of supply;
    2. events determined by force majeure occur;
    3. the Customer performs any illicit activity using the Service according to the laws of the Italian State. In case, for any reason, the payment of the agreed fee for the renewal is not made, NBS reserves the right to suspend or interrupt the provision of the Service with immediate effect, considering the non-payment as withdrawal from the automatic renewal.
18. SUPPORT
    Ordinary support during the hours posted in the footer of the site is guaranteed to the Customer and nothing is due for it. Ordinary support means any intervention aimed at solving problems or malfunctions resulting from the operation of NBS for the assignment received. Everything not included in the aforementioned definition is considered extraordinary support, the cost of which is agreed outside of this contract, any modifications to be made after the conclusion of the entry and activation, could be considered extraordinary support, at the indisputable evaluation of NBS.
19. CONFIDENTIAL INFORMATION
    The parties are aware that all the information acquired during the relationship constitutes secret information, pursuant to and for the effects of arts. 98 and 99 of Legislative Decree n. 30 of February 10, 2005, highly confidential information or information protected by legislation on the protection of industrial property. The parties also undertake reciprocally not to disclose or communicate all those informations or data relating to the implementation methods and technical rules.
20. ONLINE DISPUTE RESOLUTION INFORMATION
    Pursuant to and for the effects of art. 14 of EU regulation n.524/2013, consumers residing 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, it is possible to resort to the Online Dispute Resolution (ODR) procedure, provided by the European Commission, and accessible at the following link: https://webgate.ec.europa.eu/odr/. In compliance with the aforementioned legislation, it is also communicated that the email address of NBS is info@onigrow.com.
21. APPLICABLE LAW AND COMPETENT COURT
    This contract is exclusively governed by Italian law. For any dispute arising from or related to this contract, the competent court will be that of Verona.