Your acceptance of these terms and conditions, along with all other policies (including, without limitation, Privacy Policy, Refund Policy) that Insight Agency may publish from time to time relating to the Services, is required for us to provide the Services to you. By receiving and using the Services, you are agreeing to these Terms and Conditions.
We may, at our discretion, amend these Terms and Conditions and/or our policies and procedures. You will be informed of any changes to the Terms and Conditions via a notification on the Insight Agency Inc website (insightagency.io), and the “Last Updated” date will be adjusted accordingly. It is your responsibility to review these Terms and Conditions frequently to stay informed about any changes. The latest version of the Terms and Conditions supersedes all previous versions. You agree that your continued receipt and use of the Services after such changes have been published will signify your acceptance of the updated Terms, policies, and/or procedures.
3.1. Contractor – Insight Agency, a business entity operating under the practices and norms of Ireland, with its principal place of business at 26 Rathevan View, Borris Road, Portlaoise, R23 Y15T, IRELAND, providing the Services.
3.2. Customer – the individual or legal entity requesting the Services through signing an Invoice issued by the Contractor or filling in the form for the payment process.
3.3. Agreement – the contract between the Contractor and the Customer for the provision of services as per these Terms and Conditions and an Invoice.
3.4. Services – the services specified in the invoice (hereinafter the “Invoice”) or upon invoicing the Customer through the payment agent.
3.5. Party to the Agreement – either the Contractor or the Customer, individually.
3.6. Parties to the Agreement – collectively referred to as the Contractor and the Customer.
3.7. Business Day: any day excluding Saturday, Sunday, or public holidays in Ireland when banks are open for business.
4.1. These Terms and Conditions constitute an obligation by the Contractor to provide Services as per clause 3.4 and will be fulfilled for each Customer who requests Services from the Contractor. Publishing the text of the Terms and Conditions on the website insightagency.io or presenting it to the Customer in any other manner serves as an offer by the Contractor to the Customer to enter into the Agreement under the terms specified herein.
4.2. The Agreement is deemed to be in effect upon the Customer’s acceptance of the offer. Acceptance from the Customer side is considered to be a 100% advance payment of the value of the Services as specified in the Invoice issued by the Contractor unless otherwise agreed by the Parties in writing.
4.3. By accepting the offer, the Customer fully consents to all the provisions of the Terms and Conditions, Privacy Policy, Refund Policy without any waivers, exclusions, or disclaimers.
4.4. These Terms and Conditions are not required to be recorded on paper and signed with a handwritten signature.
5.1. Use of Services and Availability. Insight Agency, at its sole discretion, provides the use of the Services to anyone according to clause 3.2. of the Terms and Conditions and for any reason on legal grounds.
5.2. The subject matter of the Agreement is the provision of the Services as specified in the Invoice issued by the Contractor.
5.3. The Contractor has the right to involve third parties in providing the Services to the Customer.
5.4. Key points about the Services can be added to the Invoice by the Contractor.
6.1. The Contractor reserves the right to:
6.1.1. Reject the Customer’s instructions for providing Services if the execution thereof would breach the current legislation of Ireland or the laws of the countries within whose territory the Services are being provided;
6.1.2. Suspend or terminate the provision of Services under the Agreement where the Customer fails to fulfil its obligations thereof.
6.1.3. The Contractor may unilaterally withdraw from the Agreement by informing the Customer at least 5 (five) calendar days before the date of termination of the Agreement, and simultaneously reimburse the Customer for the value of the Services paid but not delivered.
6.2. The Contractor is obliged to:
6.2.1. Provide the Services to the Customer as per the scope, timing, and period specified in the Invoice issued by the Contractor and accepted by the Customer, subject to full payment and full compliance by the Customer with all the requirements of this Agreement;
6.2.2. Safeguard the confidentiality of information provided by the Customer.
6.3. The Customer has the right to:
6.3.1. Demand efficient provision of the Services from the Contractor;
6.3.2. The Customer may unilaterally withdraw from the Agreement by informing the Contractor at least 10 (ten) calendar days before the termination date. In case of unilateral refusal by a Customer (legal entity), the Contractor refunds the paid funds for the Services, provided they were not rendered, after deducting the actual costs incurred.
6.4. The Customer is obliged to:
6.4.1. Pay for the Services in the amount, time frame, and manner specified in the Invoice issued by the Contractor;
6.4.2. Strictly observe all provisions of the Agreement, and in case of their violation, compensate the Contractor for any direct and/or indirect damages suffered by the Contractor as a result of such violations;
6.4.3. Provide complete and reliable information necessary for the Contractor to fulfil its obligations under the Agreement.
7.1. The cost of the Services is determined based on:
7.1.1. The Contractor’s price list effective on the date the Customer accepted the Invoice, unless otherwise specified in the Agreement;
7.1.2. The amount agreed upon by the Parties via e-mail, messenger (Telegram, Discord, Twitter, Whatsapp), or online chat on the website of Insight Agency (https://insightagency.io/).
7.2. The payment for the Services shall be made on a 100% prepayment basis on the Invoice issued by the Contractor. The payment for the Services shall be made by non-cash bank transfer based on the payment order / by transfer of funds to the Contractor’s current account online / by transferring cryptocurrencies to the Contractor’s account (wallet).
7.3. The Services shall be deemed to have been paid for from the moment the money is received in the Contractor’s account / cryptocurrencies in the Contractor’s account (wallet).
8.1. DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIDED BY Insight Agency TO YOU ON AN “AS IS,” BASIS, EXCEPT AS EXPRESSLY SET FORTH IN THE TERMS. Insight Agency DOES NOT MAKE ANY OTHER WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY AND/ OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND/ OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND FROM COURSE OF DEALING, ALL OF WHICH Insight Agency EXPRESSLY DISCLAIMS. WITHOUT LIMITING THE FOREGOING, Insight Agency MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS AND/ OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE AND/ OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE AND/ OR RELIABLE; (III) Insight Agency WILL BE LIABLE AND/ OR OTHERWISE RESPONSIBLE FOR ANY FAILURE AND/ OR DELAY IN UPDATING THE SERVICES AND/ OR ANY CONTENT. NO ADVICE AND/ OR INFORMATION, WHETHER ORAL AND/ OR WRITTEN, OBTAINED BY YOU FROM Insight Agency AND/ OR THROUGH YOUR USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF THE BEGINNING OF THE SERVICE.
8.2. LIMITATION OF LIABILITY. IN NO EVENT WILL Insight Agency, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AND/ OR SUBCONTRACTORS BE LIABLE TO YOU AND/ OR ANYONE ELSE FOR (I) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/ OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA AND/ OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/ OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF Insight Agency HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE;
9.1. Indemnification. You will defend, indemnify and hold Insight Agency, our subcontractors, and our respective affiliates, officers, agents, employees, representatives, and assignees harmless from all demands, proceedings, losses, costs, damages, awards, fees, expenses, and/or liabilities of any nature including without limitation reasonable attorneys’ fees, that arise from and/ or relate to (i) your use of the Services and; (ii) your violation of the Terms, (iii) fraud you commit and/ or your intentional misconduct and/ or negligence (iv) your use of the Services that is in violation of any applicable data protection /privacy law. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. You agree not to settle any matter without the prior written consent of Insight Agency. Insight Agency will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
9.2. Non-Sanctioned Status. The Customer warrants that neither the Customer nor any of its executive officers, directors or any individual, entity, or organization holding any ownership interest or controlling interest in Customer is an individual, entity, or organization with whom Insight Agency is prohibited from dealing by any law, regulation, or executive order, including, without limitation, names appearing on the IE sanctions list, EU sanctions list, on the U.S. Department of the Treasury’s Office of Foreign Assets Control’s and Specially Designated Nationals and Blocked Persons List. Furthermore, the Customer understands that if at any time during the terms of Services, the Customer or any of its executive offices, directors or any individual, entity, or organization holding any ownership interest or controlling interest in Customer, is determined to be or for any reason becomes an individual, entity, or organization with whom Insight Agency is prohibited from dealing in accordance to this clause, the Customer shall give immediate written notice to Insight Agency and Insight Agency shall have the right to terminate this Agreement with immediate effect, without fault or liability. If Insight Agency exercises the termination right described herein, the Customer shall pay Insight Agency for the Service provided prior to the effective date of the termination.
10.1. Entire Agreement; Conflict. Unless otherwise agreed to by Insight Agency and you in writing, the Terms and Conditions (including, without limitation, the terms and conditions set forth herein, Privacy Policy, Refund Policy, and other policies as can be described above) constitutes the entire agreement between Insight Agency and you concerning the subject matter hereof.
10.2. Governing Law. These Terms and Conditions and any use of the Services will be governed by the laws of England and Wales.
10.3. Jurisdiction. Any claims and notices shall be sent in writing by the Parties by registered mail with notice of delivery. The Party that received the claim undertakes to review and respond to such a claim within 20 (twenty) business days of its receipt. If a claim is rejected, in whole or in part, or the submitting Party does not receive a response within the specified time for its consideration, the Submitting Party may apply to the proper Courts of Ireland. Each party irrevocably agrees that the Courts of London shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Terms and Conditions.
10.4. Digital Signatures. Any documents that are signed, scanned, and transmitted digitally, including digital signatures or signatures facilitated by systems such as Docusign, PandaDoc or any mechanical facsimile signature, will be regarded as original signatures as per these Terms and Conditions and all related matters. These digital and scanned signatures will hold the same legal validity as original signatures.
10.5. Communication Channels. For communication and document transmission having legal implications, the Contractor will utilize the email address contact@insightagency.io. The use of other email addresses is not authorized.
10.6. Acknowledgement. By agreeing to these Terms, you give consent to Insight Agency, including its subcontractors and affiliates, to identify you as a customer. Further, Insight Agency has your permission to utilize your trademark and/or logo for reference purposes without any royalty charges.
10.7. Separability. Should any segment of these Terms and Conditions be deemed invalid or unenforceable, such segment will be interpreted in a manner reflecting the original intentions of both parties. The remaining sections will persist with full legal force and effect. Any waiver by either party of any term, condition or breach, in any instance, will not constitute a waiver of the same term, condition or any future breach.
10.8. Delegation. Your rights under these Terms and Conditions cannot be delegated to a third party without the explicit written consent of Insight Agency. Insight Agency holds the right to delegate its rights under these Terms and Conditions to a third party, rendering these terms applicable and beneficial to the third party, their successors, and permissible assignees.
10.9. Act of God. Except for payment commitments, neither Insight Agency nor the Customer will bear liability for any failure or delay in fulfilling its obligations due to events beyond reasonable control. These events might encompass failures from third-party hosting or utility providers, shortages, riots, pandemics, fires, acts of nature, war, strikes, terrorism, governmental actions, natural calamities, military action, third-party actions, or enactment of laws or directives that directly or indirectly impede service provision. The party defaulting on their obligations due to force majeure must promptly notify the other party and provide evidence for the existence of force majeure and its impact on their inability to fulfil obligations.
10.10. Continuance. Any terms of these Terms and Conditions that by nature should persist termination, including but not limited to disclaimers, indemnity provisions, and limitations of liability, will indeed survive termination.
10.11. Non-Relinquishment. No failure or delay by either party in exercising any power, right or remedy under these Terms and Conditions will be deemed as a waiver thereof. Similarly, no singular or partial exercise of any power, right, or remedy will prevent any other or further exercise thereof or the exercise of any other power, right or remedy.
Clients have the right to request a refund within 7 calendar days post payment. Insight Agency reserves the right to deduct a 10% service fee from the refund. Post the 7-day period, any payments made for services will not be subject to refunds.
Refund requests might be declined under the following circumstance:
Insight Agency reserves the right to decline a refund request if there is evidence of fraudulent behaviour, misuse of refund policy, reselling of the Contractor’s services, or any other manipulative conduct. Promotions, upgrades, and changes to existing plans are non-refundable.
Clients should reach out to Insight Agency team at contact@insightagency.io with the subject line: “Refund request”. Emails should originate from the client’s email address used during payment. The email should include the following details: company name, date of payment, name of the service, and reason for refund request.
