Terms of Services

§ 1

Definitions

1.1. Code of Good Practice – a set of rules of conduct, adopted in the generally applicable law in the form of ethical and professional standards in order to counteract unfair market practices, which is used by the Seller.

1.2. Customer – a person who intends to purchase or who has already purchased the Services offered by the Seller.2.

1.3. DATASAL or Seller – Jacek Salamandra conducting business activity under the name “DATASAL Jacek Salamandra” with its registered seat  in Poznań, Tax Identification Number: PL7792492932 , National Business Registry Number: 380774307, address: Daleka 14, 60-124 Poznań (Poland).

1.4. Force Majeur – a circumstance arising from or attributable to actions, events, absence of events or accidents which the Organizer could not foresee within the limits of common sense and which remain beyond the control of the Organizer, including, among others, weather conditions, flood, fire, explosion, earthquake, landslide, structural damage, epidemic or other natural physical disaster, lack of or insufficient power supply, satellite connections and other communication connections, military operations, riots, terrorist activities, social unrest .

1.5. Instagram – photo hosting social website, connected with the application under the same name, which allows the users to edit photos and videos, apply digital filters to them and share them on various social network, owned by Facebook Ireland Limited.

1.6. Order – an offer of the Seller to conclude a Sales contract submitted by the Customer via the Website.

1.7. Regulations – these Regulations of Services, specifying the general conditions, principles and manner of selling the Services offered by the Seller. 

1.8. Remote agreement – Contract concluded remotely by the Seller and the Customer, in the absence of their simultaneous physical presence, using the communication channels available on the Website.

1.9. Service – a service consisting in conducting marketing campaigns through social networks, in particular acquiring followers on the Instagram social account and acquiring additional likes of the posts.

1.10. Website – Internet service that allows the customer to purchase the services offered by the Seller, located at: https://smlikers.com conducted by the Seller.

§ 2

General Provisions

2.1. The Seller sells Services only through the Website.

2.2. The Customer can be any natural person with full or limited legal capacity, a legal person and an organizational unit without legal personality. 

2.3. To complete the Order, the Customer shall correctly complete the order form in accordance with the procedure described on the Website and pay the indicated price. Orders placed by the Customers are accepted through 24 (in words: twenty four) hours a day, 7 (in words: seven) days a week. Each Order placed will be considered until the end of the next business day after the day of placing the Order. 

2.4. The sales contract between the Customer and the Seller is concluded remotely upon payment of the full price by the Customer and receipt of the confirmation of the purchase of the Service sent to the Customer’s e-mail address. The payment date is the date when the Customer’s bank account is credited with the required amount of money. 

2.5. Completion time of the Order is up to a maximum of 30 (in words: thirty) business days from the payment date.

2.6. In the event of the extension of the completion time of the Order, the Customer shall be immediately informed about this fact.

2.7. In order to use the Website, the Customer shall use a PC or smartphone with access to web browser, JavaScript support and acceptance of Cookies. 

2.8. The Website shall only be used to place the Order.

2.9. The Seller may cooperate with third parties in the process of providing the Service.

2.10. Use of the Website and all other forms of customer interaction with the Website require acceptance of the Regulations and compliance with its rules. 

2.11. By using the Website, the Customer agrees to the processing of his personal data by the Seller. The information clause on the processing of personal data shall constitute an integral part of this Regulations (Annexe no 1).

§ 3

Responsibility

3.1. The Seller shall make every effort to ensure the proper functioning of the Website and to provide Customers with the assistance in solving problems related to its functioning.

3.2. The Seller reserves the right to make technical breaks in the operation of the Website. The Seller shall not bear any responsibility in this matter. 

3.3. The Seller shall not bear any responsibility for the manner in which the Customer uses the Services provided by the Website.

3.4. The Seller shall not bear any responsibility for the content of the comments and opinions left on the Website by the Customers. The Seller reserves the right to remove or modify the content of the comments and opinions posted on the Website.

3.5. It is forbidden to use the Website for purposes incompatible with the provisions of generally applicable law.

3.6. It is forbidden to affect the functioning of the Website, in particular by using the malicious software.

3.7. It is forbidden to use the Website for any activities inconsistent with its purpose. 

3.8. The Seller shall not be liable for any malfunctions of the Customer’s account on Instagram. In particular, the Seller shall not bear any responsibility for any temporary or permanent suspension, blocking or removal of the Customer’s account on Instagram. 

3.9. The Seller shall not bear any responsibility for amendments in algorithms of Instagram that may cause a temporary or permanent loss of followers and/or likes.

3.10. By placing the Order, the Customer declares that the Instagram account indicated in the Order is run by the Customer and that the Customer is the owner of the Instagram account or is properly authorized to promote it and make changes in its structure. 

3.11. The Seller does not guarantee the permanent effects of the Service. The Service is covered by a 30-day Seller warranty.

3.12. The Seller shall not bear any responsibility  for the Services which implementation has been interrupted by deleting the link or the Instagram account to which the Service was provided. In the event of such situation, the Customer shall not be entitled to receive any compensation for withdrawal of the contract.

3.13. The Seller shall not bear any responsibility for a temporary or permanent suspension of the Website availability.

3.14. Unless otherwise stipulated in the Regulations or in the generally applicable law, in any case, the Seller’s liability to the Customer is limited to the damage caused intentionally.

3.15. Unless otherwise stipulated in the Regulations or in the generally applicable law, the Seller shall not bear any responsibility for the accuracy and completeness of information presented on the Website, as well as for their usefulness for the Customer.

§ 4

Use of the Website

4.1. The Orders are forwarded to the Seller within 72 (in words: seventy two) hours from the moment the Customer’s payment is credited to the Seller’s bank account, depending on the type of Order, amount and form of the payment chosen by the Customer. Time stated in the previous sentence may vary in the case of occurrence of random factors, such as in particular: a technical problem, incorrect link, server overload, update of the Website, order size, statutory holidays, groupings or staff training.

4.2. Within 48 (in words: forty eight) hours from the moment of sending the Order to the Seller, the Customer receives an appropriate e-mail with information about the commencement of the implementation of the Order.

4.3. In the event of Force Majeur or the Website malfunction, the duration of the Order completion may be extended. The Customer shall be informed about this fact via one of the communication  channels provided by the Customer when placing the Order. 

4.4. When placing the Order, the Customer is obliged to provide all information required in the appropriate Order form on the Website. If the Customer provides incorrect or missing information, the Customer will receive an e-mail notification asking for their completion. In such a situation, the time of processing the Order is extended by additional 48 (in words: forty eight) hours from the moment of receiving the correct information by the Seller.

4.5. Each Customer, after a correctly completed Order receives a VAT invoice. A VAT invoice will be sent to the e-mail address provided when placing the Order.

4.6. Likes, followers, comments or views and other Services ordered by the Customer will come from the accounts/profiles from around the world, unless the offer provided on the Website stated otherwise. 

4.7. The Seller does not offer the possibility of withdrawing or removing the effects of the already performed Service.

4.8. The Seller does not guarantee a permanent effect for the performed Service. Any possible decrease in the number of likes, followers, comments or views of the Instagram account belonging to the Customer may result from the way the account is maintained by the Customer, limited coverage, changes in algorithms of the Instagram, interference with third-party programs or other external factors for which the Seller is not responsible.

4.9. Through the Website, the Customer may order additional Services such as: gradual addition or designation of specific countries from which the likes or followers of the Instagram account belonging to the Customer would originate. All additional options are payable, about which the Customer is informed at the time of placing the Order. 

4.10. An additional Service of gradual addition stipulated in section 9 above, consists in dividing up to 30 (in words: thirty) days a purchased activity. The minimum number of followers in one day is one hundred and is not subject to change. The Seller reserves that during the implementation of the above additional Service, the Customer may experience temporary interruptions in the number of the followers. The interruptions mentioned in the previous sentence are intended to relieve the main server and thus ensure the proper functioning of the Service.

4.11. An additional Service to designate specific countries stipulated in section 9 above, consists in indicating by the Customer a specific country from which he would like to acquire the followers to the Instagram account belonging to the Customer.

4.12. The Customer shall refrain from any activity that can negatively affect the functioning of the Website, including in particular any interference with the content of the Website or its technical elements and from providing any unlawful content. It is strictly forbidden to use the Website for purposes other than intended by the Seller, including in particular sending spam or conducting any commercial, advertising, promotional or political activity. 

4.13. The Customer shall refrain from any activity that can disrupt the implementation of the Service (e.g. changing the address of the Instagram account belonging to the Customer, removing the followers or ordering several Services at once). If this type of activity of the Customer will be detected by the Seller, the Seller has the right to terminate the Service and the Customer shall not be entitled to a refund of money. 

4.14. The Customer shall not use any other similar services or forms of generated activity with regard to the Instagram account belonging to the Customer. If this type of activity of the Customer will be detected by the Seller, the Seller hast the right to terminate the Service and the Customer shall not be entitled to a refund of money. 

4.15. The Seller reserves the right to temporarily suspend implementation of the Service. The reasons of such temporary suspensions are in particular: server overload, update of Instagram or Website algorithms. In the event of such temporary suspension, the Seller reserves the right to perform the Service in a longer period than previously agreed with the Customer.

4.16. In case of change of the name of Instagram account belonging to the Customer, the Customer shall immediately  inform the Seller about this fact, providing the exact date and time of changing the account’s name along with the new account’s name. If the Customer fails to inform the Seller about the change of the account’s name within 24 (in words: twenty four) hours of making such a change, the Customer shall not be entitled to a refund of money.

4.17. In the event of blocking the technical possibility of implementation of the Service (e.g. as a result of change of the Instagram algorithms), the Customer shall not be entitled to a refund of money.

§ 5

Complaints

5.1. In order to make a complaint, the Customer shall complete the contact form available in the “Contact” section of the Website. 

5.2. The Seller shall consider the complaint within 14 (in words: fourteen) business day from the date of submitting the complaint by the Customer. In any case, the Seller shall not be liable in the event of incorrectly completed contact form by the Customer. 

5.3. The Customer is not entitled to make a complaint and request a refund of money if, as a result of the Customer’s ignorance or error, the Order has been placed incorrectly. The following also apply if the Customer has not complied with the provisions of the Regulations. 

§ 6

Withdrawal from the contract

6.1. The Customer who has already made the Order, but the Order still has not yet been processed (i.e. the Order has a status “in progress”), has the right to withdraw from the contract and request a refund of money. In such a case, the Seller shall make a refund within 14 (in words: fourteen) days of receiving such a request from the Customer.

6.2. The Customer is not entitled to any refund if the Service defect is negligible.

6.3. The Customer who has already made the Order, and the Order has been already processed (i.e. the Order has a status “completed”), has no right to withdraw from the contract and to request a refund of money. This is due to the lack of technical possibility to discontinue the process of implementation of the Service.

6.4. In any event, the change of the status of the Order from “in progress” to “completed” means that the Customer has no longer right to withdraw from the contract and request a refund of money.

§ 7

Warranty

7.1. The Services offered by the Seller through the Website are covered by a 30 (in words: thirty) days warranty granted by the Seller. The warranty period starts from the date of full implementation of the Service b the Seller. In the case of a Service which implementation is immediate, the warranty period starts on the day the Customer has made the Order. 

§ 8

Final provisions

8.1. The Seller has the right to block the access to the Website in any time in the event of any disruptions in its functionality.

8.2. The Seller has the right to unliterally make changes to the Regulations, as well as has in particular the right to: change the content of the Website, change the Website’s technical parameters, temporarily or permanently limit the accessibility to the Website or to permanently discontinue the Services.

8.3. The provisions of the Regulations do not violate or limit the right to make a complaints related to warranty or other provisions of the generally applicable law.

8.4. All questions regarding the functioning of the Website shall be reported to the Customer via the contact form available at: https://smlikers.com/#contact .

8.5. In all matters not covered by the Regulations, the provisions of Polish law, in particular the provisions of the Polish Civil Code, shall apply.

8.6. The Regulations enter into force on the day of its publication on the Website.

8.7. Each of the provisions of this Regulations are severable. In case one or more of the provisions set forth in this Regulations shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, the legality, validity or enforceability of the remaining provisions of this Regulations shall not in any way be affected or impaired thereby.

8.8. All graphical elements of the Website are protected under the provisions of the Act of 4 February 1994 on Copyright and Related Rights, and therefore they shall not be used or copied in any way without the prior written consent of the Seller.

8.9. Annexe no 1 is an integral part of the Regulations.