TERMS & CONDITIONS
These Terms and Conditions (hereinafter, the “Terms and Conditions”) govern the agreement between QuickCLOUT, (hereinafter, the "Supplier"), and you (hereinafter, the "Purchaser") in terms of the purchase of a visibility-services package for a specific Instagram account or profile (hereinafter, the “Service”), hereinafter denoted more globally as the “Contract.”
To purchase or use the Service, (i) you must be at least 18 years old, and (ii) you can only register your own social profile or account for the Service, unless you have obtained express written consent from the holder of another social profile or account to register that profile for the Service, or if you are otherwise authorized to register the account or Profile for the Service on behalf of the account or profile holder.
Should the Profile contain material or Information that Purchaser is unauthorized by law to possess or use with regard to the Service, or should the profile fail to comply with California law, or the social network’s terms and conditions, Supplier reserves the right to cancel the purchase immediately. Purchaser shall have no right to a refund, or to seek full damages for any loss arising – whether directly or indirectly – from such cancellation.
The Service consists of a “visibility package” for a specific social profile or account. The purpose of the visibility package is to provide potential visibility increases for the social profile or account in question (the Profile). To that end, Supplier may use any means it deems necessary or convenient to visualize and promote the Profile.
Supplier does not, however, guarantee an increased activity level for the Profile, nor does it guarantee increased “Likes,” followers, or visibility. Those measures depend, rather, on individual user preferences and the content of the Profile.
The Supplier does not offer the sale of “followers”, “likes”, “views”, “endorsements”, “clicks” or other forms of social media activity. The Supplier’s service is to market the Purchaser’s Profile on websites with viral traffic and to stop the ad(s) when the Purchaser’s goal is met. The Purchaser is paying to access the Supplier’s network and to place the Purchaser’s ad(s) within the Supplier’s network until the Purchaser’s goal is met. Refunds are only issued if we are not able to deliver our service.
The cost of the service varies based on factors including the frequency and duration of the Profile’s visibility and/or promotion. You will always be provided a clear indication of the final, total cost upon purchasing the Service.
Generally, the Service must be paid in full when the order is placed. Any delinquency in payment shall be considered a breach of this Contract.
Once the visibility package is associated with a specific social profile or account, it is Purchaser’s responsibility to ensure that the profile or account indicated in the purchase order matches the social profile or account to which they want the Service to apply. Purchaser further warrants that he/she is authorized to sign up for the Service in question, pursuant to the applicable Terms and Conditions. Purchaser is also responsible for the settings on his/her server and computer terminals. These must – from a technical perspective – permit the Service to be delivered.
Service delivery shall commence immediately following payment, regardless of whether the Purchaser has complied with the duties he/she has assumed under the Terms and Conditions.
Right of Rescission
This section on Contract rescission shall only apply if Purchaser is a “consumer.”
Unless the Service is provided on a subscription basis, Purchaser waives his/her right to rescind the contract at the end, meaning upon completion of, Service delivery. Generally this occurs immediately after payment is received.
However, where the Service is provided on a subscription basis, Purchaser may exercise his/her right of rescission. Purchaser has the right to rescind the present Contract within 14 (fourteen) days with or without cause.
The rescission period ends 14 (fourteen) days from Contract signing. Where such deadline falls on a weekday or holiday, such as a Saturday, Sunday, Christmas, or New Year’s Day, Purchaser may exercise his/her right the following business day.
To exercise his/her right of rescission, Purchaser must notify Supplier
1731 Home Terrace,
Pomona, California 91768
of his/her intent to rescind the Contract via an unambiguous communication method (postal mail or email). Purchaser may, but is not required to, use the standard rescission form appearing below for such purposes.
To avail him/herself of the right to rescind before the established deadline, Purchaser simply needs to ensure notice is sent before the rescission deadline.
Should Purchaser exercise his/her right to rescind the Contract, Purchaser shall reimburse all payments received from parties who have not yet had the Service delivered. Purchaser shall do so as soon as possible, no later than 14 (fourteen) days from the date Supplier received Purchaser’s notice of intent to rescind the Contract. Supplier shall refund the payment amount using the same method used for Purchaser’s original transaction, unless Purchaser expressly indicates a different refund preference. Regardless, Purchaser shall not be subject to charges or fees following the refund.
Supplier reserves the right to request payment from all parties to whom the Service has already been delivered.
Standard Rescission Form
(Fill out and send only if and when you wish to rescind the Contract)
To QuickCLOUT, 1731 Home Terrace, Pomona, California 91768, USA, E-mail: email@example.com:
- I wish to exercise my right to rescind the purchase and delivery agreement for the following service:
Order date (date)
Order ID or Number
(Sign, if form is filled out on paper)
Limitation of Liability etc.
Supplier shall not be held liable – insofar as such indemnification is permitted by law – for any direct or indirect loss incurred by Purchaser or any third party (including but not limited to damages incurred following a loss of data, goodwill, earnings, revenue, or profits).
The Service’s express purpose is to increase the Profile’s visibility. Purchaser acknowledges and accepts that greater exposure is associated with greater risk of hacking and other cyberattacks, and Purchaser assumes all liability for the same.
Furthermore, Supplier shall not be liable for any abuse of the Service by Client or any third party. This includes unauthorized registration of a social Profile or Account, and any loss arising from technical malfunctions or problems.
Supplier is an independent legal person, and is not associated with Instagram LLC, Facebook Inc, or its affiliates. Therefore, it has no influence on Instagram or Facebook’s guidelines or its choice of technical mechanisms.
Supplier shall not be held liable should any of Purchaser’s computer terminals, browsers, or any other technical setting, or those belonging to Instagram, Facebook or any other third party (including internet-service providers or government authorities) block, limit, or impede the use or the effects of the Service.
Any violation of the present Terms and Conditions shall be considered a breach of Contract.
Supplier reserves the right to terminate the Contract immediately if Purchaser is in breach, and further reserves the right to seek damages for any loss incurred directly or indirectly because of the Purchaser.
Should Purchaser be a “Consumer,” and should the Service be provided on a subscription basis, Purchaser may rescind the Contract by providing a one-month notice at the end of any month, once five (5) months have elapsed from Contract signing.
Neither Purchaser nor Contractor shall be liable for errors or delays in Contract fulfillment, or in the Terms and Conditions, where such errors are delays are attributable to forces or circumstances outside the parties’ control. Such errors and delays may include those caused by interruptions or malfunctions in internet service, network functionality, telecommunication lines, power supply or other infrastructure, or due to strikes, war, fire, lightning, terrorist attacks, or from delays and malfunctions attributable to subcontracted services.
Purchaser stipulates that Supplier may be required to process and disclose certain information on or associated with the Profile, including personal information, in order to fulfill the Contract and supply the Service.
To wit, to deliver the Service, Supplier utilizes user information such as the user’s name, email address, country of residence, and his/her Profile or account.
Purchaser warrants that the Profile does not contain sensitive personal information, and that any involved third parties have consented to their personal information being published on the Profile. This includes, among other things, third parties’ consent to their images being included and published on the Profile.
Intellectual Property Rights
Purchaser warrants Purchaser is legally authorized to disclose the Profile content, or that Purchaser is the owner of all copyright or photo rights on the images and proprietary material on the Profile, or that Purchaser is otherwise authorized to reproduce the copyrighted images and other material on the Profile, to publish it, and to render it accessible to the general public.
Purchaser warrants that registering the Profile for the Service, and using the material included in the Profile in question, shall not constitute an infringement of any third-party right.
Forum Selection and Governing Law
The contractual relationship between Supplier and Purchaser – including the present Terms and Conditions – shall be governed by California law, and shall fall under the exclusive jurisdiction of the courts of the United States of America, to the extent such forum selection is permitted by law.
Please send all correspondence for Supplier to:
1731 Home Terrace
By accepting these Terms and Conditions, Purchaser warrants he/she has read the content herein, and requests the Service begin prior to the deadline for any right of rescission.
Purchaser further warrants (i) he/she is at least 18 years old, (ii) he/she acknowledges that any right to rescission lapses when the Service is delivered, unless such Service is provided on a subscription basis, (iii) he/she understands that Supplier must process and disclose personal information in order to supply the Service; (iv) the Profile does not contain any sensitive personal information, and that all persons whose information appears in the Profile have expressly consented to the same, and to the disclosure of their personal information, (v) that the Profile does not contain any material you are not authorized to possess or use for purposes of the Contract and (vi) you are authorized to register the Instagram profile or account in question for the Service, pursuant to all applicable Terms and Conditions.