Contracting parties
1.1. The contracting parties are Nils Spölgen (hereinafter referred to as "High On Likes") and the respective client. If a party uses third parties to perform the contract, they will not become contractual partners. Unless expressly stated otherwise, this contract does not have any protective effect in favor of third parties.
1.2. High On Likes is not connected to Instagram, Facebook or any other social media platform.
Scope / Conclusion of Contract
2.1. All offers, services and deliveries from High On Likes are made exclusively on the basis of these General Terms and Conditions. They also apply to follow-up orders, even if this was not pointed out again and the opportunity to take note was not given again. The validity of other terms and conditions is excluded if they do not agree with these terms and conditions or have not been expressly recognized in writing by High On Likes.
2.2. High On Likes offers by e-mail, WhatsApp, telephone or in any other form are subject to change and non-binding.
2.3. The client places the order in electronic, written or verbal form. The order is not accepted until High On Likes has confirmed the order in writing. An e-mail also counts as a written order confirmation. The contract between High On Likes and the client comes into effect upon confirmation of the order acceptance.
2.4. If the booking confirmation contains typographical or printing errors or if the pricing is due to transmission errors due to technical reasons, High On Likes is entitled to appeal. Payments that have already been made will then be refunded to the client immediately. In the event of non-compliance with the GTC, in particular if the client is in default of payment, High On Likes is entitled to suspend or cancel existing orders in whole or in part until the conditions have been fulfilled.
2.5. If a test phase is offered at a discounted price as part of a campaign, no additional expenditure can be incurred for advice in this month. Changes can only be made again from the first regularly paid month. Only one test phase is allowed per customer. Booking different test phases one after the other is not permitted. High On Likes reserves the right to refuse a test phase or to only partially make the offer available during this period. Additional services can only be implemented after the test phase.
Service Description
3.1. High On Likes provides a service that supports the growth of followers and likes through automated processes. The information required for the delivery is made available to the customer directly after ordering the selected package in the course of a "thank you page". The client transmits this information as quickly as possible in its own interest. Start to start performance of High On Likes is usually less than two days. High On Likes reserves the right to refuse acceptance of the order at any time without giving reasons. In this case the payment will be refunded.
3.2. The client is not entitled to any compensation from High On Likes for non-compliance with the specified daily interactions. These apply as guidelines. If blocks occur, they cannot be maintained.
3.3. Likes or followers, once mediated, cannot be removed or undone. This is technically not possible.
Contract Duration
4.1. The subject of the contract is recurring/permanent services and is concluded for an indefinite period and has a minimum contract term of 3 months (excluding the free test phase). A free test phase must be canceled at least 24 hours before it expires so that High On Likes can cancel it in good time.
4.2. If the client does not give notice in good time, the term of the contract is automatically extended by a further period of 3 months. The customer has the right to terminate the contract with a notice period of 1 week to the end of the current 3 month period without giving reasons. The right to extraordinary termination for important reasons, in particular the repeated violation of the main contractual obligations, remains unaffected. The termination is only effective if it is made in writing via email.
4.3. The client is free to terminate the contract at any time, but a refund of installments already paid is excluded.
4.4. High On Likes has the right to extraordinary termination for important reasons, in particular for the following reasons:
- If the provision of the service is uneconomical or unreasonable from High On Likes point of view.
- If the provision of the service is technically impractical from High On Likes point of view.
- If the client violates any provision of the GTC.
Obligations of the Client
5.1. The client informs High On Likes of any special implementation requests. The client can announce desired changes once a month free of charge. High On Likes will try to implement these changes and requests as well as possible in order to offer the customer the best possible service. The customer alone bears the risk for the correctness and completeness of the content in the course of the thank you page and subsequent communication.
5.2. High On Likes cannot be held responsible for errors resulting from non-compliance with the obligations mentioned in the previous point. In particular, High On Likes is not liable for delays in performance or execution defects caused by an unclear, incorrect or incomplete order, incomprehensible or difficult-to-understand audio files or errors in the templates and delays in the transmission of the files by the client.
5.3. The client ensures that his social media appearances are in accordance with the legal regulations and do not infringe the rights of third parties. A legal examination or acceptance of liability by SGM does not take place. It is the client's own responsibility to ensure that its content is legal and does not infringe the rights of third parties.
Warranty
6.1. High On Likes does not guarantee the achievement of and compliance with the specified guideline values. High On Likes does not guarantee the success and achievement of personal goals of the social media account. High On Likes does not guarantee that it will achieve a certain ranking on the corresponding social media platform or in search engines. High On Likes only guarantees the professional provision of the service according to point 3.1, any statutory warranty or other claims by the customer are excluded to the extent permitted by law.
Prices, payment processing and service provision
7.1. High On Likes reserves the right to adjust prices. In the event of an adjustment, the client will be informed in advance and given the opportunity to withdraw from the contract before the price adjustment takes place.
7.2. The daily possible interactions can be limited by events that cannot be influenced by High On Likes. Should this occur, High On Likes will attempt to restore normal interactions as quickly as possible. High On Likes excludes any liability for such delivery problems.
7.3. Delivery and service delays due to force majeure and events that make it significantly more difficult or impossible for High On Likes to provide the service owed and which were not caused by High On Likes intentionally or at least through gross negligence, are not the responsibility of High On Likes, even in the case of bindingly agreed deadlines and dates.
7.4. High On Likes reserves the right to charge the client for any costs incurred in the event of returned direct debits.
Right of Withdrawal
8.1. The client has the right to revoke this contract within fourteen days from the day on which the service was started without giving a reason. In order to exercise the right of withdrawal, the customer must inform High On Likes of the decision to withdraw from the contract by means of a clear statement (e.g. e-mail). To meet the cancellation deadline, it is sufficient for the customer to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
8.2. Consequences of revocation: If the client revokes the contract, High On Likes will immediately and at the latest within fourteen days from the day on which High On Likes received the notification of the revocation. For this repayment, the client uses the same means of payment that the client used in the original transaction, unless something else was expressly agreed. Under no circumstances can fees be charged for this repayment.
Disclaimer
9.1. High On Likes assumes no liability for blocked or banned accounts that are or have been managed by High On Likes. The punishment by "red flags" or "password resets" are primarily an indication of the violation of these rules and should therefore be observed or taken into account. High On Likes is not obliged to refer to the terms and conditions and rules of Instagram. We cannot rule out rule changes from Instagram and they do happen. The client is obliged to have High On Likes adjust the settings according to these rules so that no rules are violated. Any Instagram account managed by High On Likes is at risk of being banned or blocked and therefore High On Likes cannot provide any liability, warranty or guarantee for these account(s).
9.2. High On Likes assumes no liability for consequences arising from the legal relationship between the client and the followers or their mediated likes. Likewise, High On Likes assumes no liability for consequences arising from the legal relationship between the client and the platform provider or operator Instagram.
9.3. Although High On Likes uses numerous filters, High On Likes has no control over the exact targets that are interacted with and, in particular, is not liable for interactions with inappropriate or defamatory profiles. The same applies to any negative effects, for example on search engine rankings.
9.4. The client is aware that, due to the terms and conditions of the platform provider or operator, the use of paid followers or likes may result in the profile/photo being blocked or lost. High On Likes is not liable in these cases and claims for warranty and/or claims for damages in this regard are also excluded. The same applies to any negative effects, e.g. on search engine rankings or other undesirable side effects of the service used.
Final Provisions, Choice of Law, Place of Jurisdiction
10.1. The contract will be drawn up in German. The further execution of the contractual relationship takes place in German. Changes to the contract, these General Terms and Conditions and any departure from these must be made in writing; the same applies to the omission of this formal requirement. Verbal collateral agreements do not exist.
10.2. Substantive German law shall apply to all legal relationships between the client and High On Likes, excluding the reference standards and the UN Sales Convention.
10.3. Unless otherwise agreed, the place of performance is Düren, even if High On Likes fulfills or has to fulfill its contractual obligations at a different location.
10.4. For all disputes between the client and High On Likes, the local jurisdiction of the relevant court in Düren is agreed. For consumers, this only applies to the extent that it does not restrict any legal provisions of the state in which the customer has his domicile or habitual abode.
10.5. In the event that individual provisions or agreements in this contract are/become invalid or individual provisions of this contract have gaps, the legal validity of the remaining provisions shall remain unaffected.