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Terms & Conditions

The following Letter of Agreement (the "Agreement"), is made because the "Client", has hired SmartBoost Media "SBM", to provide the InstaBoost service “the Service”. This Agreement is in effect from the date of completion of the registration form for any of the plans on www.instaboostweb.com. The completion of said registration form implies the consent with all the terms of this Agreement.

General clauses and considerations

The InstaBoost service is based on intelligent/strategic usage of the follow/unfollow function, taking as a starting reference point the accounts provided by the client and/or researched by the SBM team whose followers could have potential interest in the product/service offered by the Client. The service lasts one calendar month and includes a period of analysis, definition of strategies, monitoring and adjustments, as well as the time for following/unfollowing accounts. Client understands how the Service works and hereby grants permission to SBM and any of its members/affiliates to access his/her Instagram account and perform such activities in relation to the service. The schedule, number of follows/unfollows and periodicity of any of the activities performed in the account in relation to the service will be determined at SBM’s sole discretion. The target range of new monthly followers as well as different plan options and pricing information will always be available at the website www.instaboostweb.com Client will notify SBM whether he/she wishes to continue or suspend the service up to 3 calendar days from to the termination date of each month of service. This is key to maintain the availability of the space for the account in the next group of accounts starting in the next period, considering the availability of spaces might be limited. In the event that SBM, during the month of service or at any point while the service is being provided, notices that the behavior of an account is not consistent with its policies, methods and/or strategies used, SBM reserves the right to notify Client via email, the decision not to continue with the account at any given point and for any reason. SBM reserves the right to change these terms at any given moment and for any reason without prior notice. The new terms will be emailed to Client. If Client does not respond it will be understood that he/she is in agreement and acceptance of the new terms.

Target

Client understands that SBM will try its best to get new followers within the desired target/audience, however there’s always a margin of error that might vary depending on each account. Client will provide to SBM with the best reference accounts possible so SBM can perform the services. If at any point SBM requests new reference accounts to Client, Client agrees to provide them in up to 2 calendar days so the service can have the continuity it needs to ensure the minimum target number of new followers is obtained.

Financials

Month to month plan payments should be finalized up to 3 calendar days from to the termination date of each month of service.

The packages including several months of the service will be paid in full during the first 3 days of the start date of the contracted period.

Client will receive an invoice for the agreed amount, sent to the email address provided at the moment of registration.

Payment for the service will be made only if the minimum number of new followers in each plan is reached, 300 for the Starter plan and 800 for the Pro plan.

All payments are non refundable.

SBM reserves the right to charge, additionally to the agreed amounts, for every week that Client gets behind with its payments, a weekly late fee of 10% of all balances that are overdue. Client agrees to reimburse SBM for all collection or legal fees and expenses generated by lateness or default in payment.

If at any given point Client decides to cancel the service, he/she agrees to pay a prorate of the number of days the service has been provided or the number of followers obtained (based on the minimum for each plan), whichever is greater.

Client’s appropriate use of the account during the service

Avoid opening the account from more than one mobile device/PC.

Avoid using the follow/unfollow function (if Client wishes to follow users refer to the section "Client’s follows - White List")

Considering that the number of notifications in the account will increase as a result of the service, is recommended to increase the periodicity and number of the day to day revisions of the notifications menu, in order to avoid the loss of information, comments and likes.

Post a minimum of 2 weekly images, in order to evaluate the behavior of the users and observe the improvement in the general interactions of the account.

Do not use external applications to increase the amount of Likes or Comments in the posts. SBM will perform revisions every number of days to determine the variation in these numbers and if they are being externally altered SBM might not be able to perform such revisions.

Client understands that SBM will only be working on increasing the number of followers for the account, all the regular management/activities of the account will be performed by the Client and are not part of this agreement.

Client’s follows - Whitelist

SBM will periodically unfollow all the users that were followed at any point during the service.

This periodicity will be determined at the sole discretion of SBM depending on different particularities from each account.

The whitelist is formed by those users that the Client wants to keep on following after SBM unfollows users.

If Client wishes to add accounts to the whitelist, SBM can include these accounts at any point during the month. Client will send an email or formal communication to the sales representative assigned to the account, informing about all the accounts that Client wishes to follow and SBM will follow the account(s) and add it/them to the whitelist.

Even though SBM works to minimize mistakes, Client understands and agrees that the whitelist might not be 100% accurate and SBM might unfollow accounts from the whitelist or follow additional accounts not requested by the Client.

Use of information - Confidentiality

By filling out the "Registration Form" Client will provide to SBM their personal contact information, as well as the account’s information to perform the activities in relation to the service. During the contracted period, SBM will only be using the authorized follow/unfollow functions to carry out the work.

SBM will work to keep the confidentiality of the private information of the Client and compromises not to use the password/username after the termination of the service. SBM recommends to change the password after the termination of the service, so Client and its authorized members are the only ones with the new password.

In the case of a breach of information SBM will notify Client as soon as possible so Client can change passwords and/or activate any safety procedures with the account. Client understands and agrees that SBM might use the public account information, such as the number of followers, average number of likes/comments and/or any additional information related to the progress of the account, for marketing purposes and to sell the service to new potential clients.

Monthly reports

SBM will send the Client contracting the Pro Plan, no later than the fifth business day after the end of the month of service, a report on the progress of the account for evaluation and control purposes.

The referential numbers to determine the variation of followers, likes, number of posts and comments, will be the ones reflected in the initial and final screenshots/measurements obtained by SBM at the beginning and end of each service period (these will be shared with client in the progress report).

The “Like average” is a measurement obtained by adding up the likes of the last 15 posts at the time of the measurement and then dividing the number between 15 so Client can get a sense of how the likes are behaving in the account. This is a variable number that might not entirely reflect the total number of likes the account is getting and is only meant to be a visual representation of the likes that can be measured.

Situations that may arise

According to Instagram policies, the accounts might have different situations some of which are outlined below, so Client is familiar with the appearance of some dialog boxes during its regular activities, as well as with the potential situations associated with the use of said functions. Account verification request: Client’s account might be opened in more than one device/location in connection to the service, which might generate requests of a “verification process” by Instagram. In this case, client must access the Instagram app once SBM has attempted the login and approve SBM’s access on the prompt that he/she will see on the screen.

Temporary suspension of the follow/unfollow function: As a result of the use of these functions on a recurring basis, Instagram could temporarily suspend their use. This suspension usually last a few days and then SBM can start working on the account again.

Password change request: Instagram might request to make one or several password changes. Client agrees to have all contact information updated on the Instagram app, so if this situation where to present itself, Client would be able to access the account and update the password easily. In case this happens, SBM will notify the client so that the password update can be done within the next 24 hours, understanding that without the password information SBM will not be able to continue providing the service.

Possibility of elimination of the account: The General Terms of Service and the Instagram Community Rules that touch on this subject, establish that they reserve the right to unilaterally eliminate any account that they consider to be in violation of their policies or that they consider should not be a part of their community, motivated by their interpretation of what represents for them the noncompliance with the community rules that they call "completely at their discretion".

Client accepts/agrees/understands the following: The creation of an account on Instagram, involves the acceptance and acknowledgement of its General Conditions of Use and Community Standards. Instagram is completely discretional regarding the continuity of an account in their network. Release SBM from all responsibility regarding Instagram decisions inherent to Client’s account. Fully comply with all provisions of this document, which may be adjusted at any given time and informed to the client.

Location of operators - Language considerations

SBM has subcontractors, affiliates, partners and team members in different countries, therefore Client acknowledges that the account might be opened from one or several locations other than the US.

Some of these subcontractors, affiliates, partners and team members might have their devices set up in a different language other than English, and even though SBM works to avoid these kind of situations, Client might temporarily see some messages in different languages.

If this were to happen Client will notify SBM, so SBM can take the necessary adjustments or considerations to fix the situation.

Limitation of liability and indemnification

Client agrees that SBM will not be liable to Client or any third parties for any damages (including, but not limited to, lost data, lost profits, lost account, incidental or consequential damages), that arise from SBM’s performance of services.

Client agrees to indemnify SBM from any and all damages, liabilities, costs, losses, expenses, and attorney’s fees arising out of any claim, demand, or action by a third party related to SBM’s performance of services for Client. Under such circumstances SBM shall promptly notify Client in writing of any claim or suit, and SBM has sole control of the defense and all related settlement negotiations.

Usage of information for marketing purposes

Client agrees that SBM might include their information on SBM’s portfolio and to mention Client in any marketing or Internet initiative as a client and/or use any progress report/screenshots taking in connection the the service.

Client agrees that SBM may use Client’s name/company name and trademarks as a reference in SBM’s promotional/marketing/internet materials. Client also agrees that SBM may include, when referencing SBM’s work for Client, a general description of Client’s results.

Laws affecting electronic commerce

Client agrees that Client is solely responsible for complying with laws, taxes, and tariffs that governments enact and fix from time to time in connection with Internet electronic commerce, and shall indemnify, hold harmless, protect, and defend SBM and its subcontractors from any cost, claim, suit, penalty, tax, or tariff, including attorneys' fees, costs, and expenses, arising from Client's exercise of Internet electronic commerce.