TERMS AND CONDITIONS

Last Updated: May 27th , 2018

TERMS OF SERVICE

The following document outlines the terms of use of the In Sales Academy website. You can also review our Privacy Policy, which outlines our practices towards handling any personal information that you may provide to us.

Before using any of the In Sales Academy services, you are required to read, understand and agree to these terms. THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE IN SALES ACADEMY SERVICES (“SERVICES”). BY USING THE SERVICES OF IN SALES ACADEMY YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT IN SALES ACADEMY’S ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.

DEFINITIONS

The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the In Sales Academy services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.

“Lead” “means a potential consumer or purchaser of Customer’s products or services, as identified by the Service using Your Data.

“Services” means marketing.

TERMS AND CONDITIONS UPDATES

In Sales Academy reserves the right, at its sole discretion, to change or modify portions of these T&Cs at any time. In Sales Academy will post the changes to these T&Cs on the Site and will indicate at the top of this page the date these terms were last revised. It is your responsibility to check the T&Cs periodically for changes. Your continued use of the Site and Content after the date any such changes become effective constitutes your acceptance of the new or revised T&Cs. In Sales Academy reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, In Sales Academy will notify you by posting an announcement on the site. What constitutes a material change will be determined at sole discretion of In Sales Academy. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.

RESERVATION OF RIGHTS

In Sales Academy own and retain rights in and to all logos, company names, marks, trademarks, copyrights, trade secrets, know-how, patents and patent applications that are used or embodied in or otherwise related to the Site and Content. In Sales Academy grants no rights or licenses (implied, by estoppel, or otherwise) whatsoever to you under these T&Cs.

ACCEPTANCE OF TERMS

The web pages available at www.insalesacademy.com and all linked pages (“Site”), are owned and operated by In Sales Academy and is accessed by you under the Terms of Use described below (“Terms”).

Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which together with our Privacy policy, governs our relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the site.

CONFIDENTIALITY

“Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information includes Your Data; Our Confidential Information includes the Services; and Confidential Information of each party includes the terms and conditions of the Agreement (including pricing), as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information does not include any information that

● is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party,

● was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party,

● is received from a third party without breach of any obligation owed to the Disclosing Party, or

● was independently developed by the Receiving Party.

PROTECTION OF CONFIDENTIAL INFORMATION

The Receiving Party will use the same degree of care to protect the Confidential Information of the Disclosing Party that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care). The Receiving Party agrees not to use any Confidential Information of the Disclosing Party for any purpose outside the scope of the Agreement, and except as otherwise authorized by the Disclosing Party in writing, to limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates’ employees and contractors who need that access for purposes consistent with the Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein. Neither party will disclose the terms of the Agreement to any third party other than its Affiliates, legal counsel and accountants without the other party’s prior written consent, provided that a party that makes any such disclosure to its Affiliate, legal counsel or accountants will remain responsible for such Affiliate’s, legal counsel’s or accountant’s compliance with this.

DESCRIPTION OF SERVICES

The Site is custom service that offers marketing and sales services.Services include, but are not limited to, any service and/or content In Sales Academy makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.

Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of In Sales Academy. In Sales Academy reserves the right to amend, suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.

In Sales Academy does not sell qualified leads, request for quotes, request for proposals or tenders.

REGISTRATION FOR THE SERVICE

As a condition to using Services, you are required to fill out the contact form as well as provide In Sales Academy with additional information via the questionnaire or via phone call that will be sent to you after you fill out the order form. Services are available only to legal entities and to individuals who are at least 18 years old.

PAYMENT

You agree that you will pay for the Services, and that In Sales Academy may charge your payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your order. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING IN SALES ACADEMY WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.

Your total price will include the price of the product with VAT – value added tax of 19 % - as per Czech tax law.

Once order form has been received, full payment is required within 10 working days from receipt of invoice. A receipt will be issued following payment.

Prices for the Services may change at any time at In Sales Academy’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering. All prices quoted by In Sales Academy are excluding VAT (value added tax) with regards to advertising of the price for any taxable items or services and the VAT rate is specified by the relevant national tax authority at this point in time.

RELEASE AND INDEMNITY

You hereby expressly and irrevocably release and forever discharge In Sales Academy, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless In Sales Academy, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorney’s fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account or In Sales Academy Username and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.

LIMITATION OF LIABILITY

In no event shall In Sales Academy be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription.
IN SALES ACADEMY, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY WP CURVE OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

INTELLECTUAL PROPERTY

In Sales Academy, www.insalesacademy.com and other company graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of In Sales Academy. It’s intellectual property may not be used in connection with any product or service without the prior written consent of In Sales Academy. Notwithstanding the foregoing, the images and icons available in the In Sales Academy Press Kit may used by partners and approved third party sites in connection with providing appropriate links to the In Sales Academy Site.

LINKS TO THIRD PARTY CONTENT

As you view this Site, you may notice links to third-party websites. These links are for convenience only. If you use these links, you will leave this Site. Certain of these linked websites may make use of In Sales Academy proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from In Sales Academy. In Sales Academyis not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by In Sales Academyof the organizations sponsoring such third-party websites or their products or services. These Terms do not apply to any other websites.

USE OF SERVICES AND RENTED CONTENT

You agree that the Service may include security technology that limits your use and that you shall use the Service in compliance with the applicable usage rules established by In Sales Academy and its licensors (“Usage Rules”), and that any other use may constitute a copyright infringement. In Sales Academy reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by In Sales Academy for compliance purposes, and In Sales Academy reserves the right to enforce the Usage Rules without notice to you.

SITE ACCESS
The following are prohibited activities, which could lead to the termination of a User account:

Sending or otherwise transmitting to or through this Site any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to this Site or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;

Misrepresenting your identity or affiliation in any way;

Restricting, discouraging, or inhibiting any person from using this Site, disclosing personal information on this Site or obtained from this Site, or collecting information about users of this Site;

Reverse engineering, disassembling or decompiling any section or technology on this Site, or attempting to do any of the foregoing;

Gaining unauthorized access to this Site, other users’ accounts, names, or personally identifiable information, or other computers or Sites connected or linked to this Site;

Launching or using any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access this Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;

Sending or otherwise transmitting to or through this Site chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;

Violating any applicable laws or regulations or these Terms;

Assisting or permitting any persons in engaging in any of the activities described above;

You represent and warrant that any User Content (as that term is defined below) You contribute shall not be defamatory, nor shall it violate anyone’s right of privacy or publicity, not shall it infringe any copyright, trademark, patent, or other personal or proprietary right of any person or entity; or

You further represent and warrant that you will obtain releases, consents, and permissions for use of all materials, trademarks, content, and persons depicted or included in any Content you contribute.

USER DISPUTES
You are solely responsible for your interactions with other Users. In Sales Academy reserves the right, but shall have no obligation, to monitor disputes between you and other Users.

USER CONTENT
Some areas of the Site may allow Users to post feedback, comments, questions, and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) through the Site, and you agree that In Sales Academy is acting only as a passive conduit for your online distribution and publication of your User Content. You understand that whether or not such User Content is published, In Sales Academydoes not guarantee any confidentiality with respect to any User Content.

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current.

In Sales Academytakes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using this the Site. You acknowledge that In Sales Academy has no editorial control over User Content posted by Users on the Site and is not responsible for and does not monitor such content for accuracy or reliability. In Sales Academy reserves the right, but is not obligated, to reject and/or remove any User Content that In Sales Academy believes, in its sole discretion, violates these provisions.

USER LICENCE TO IN SALES ACADEMY

​You retain all your ownership rights in your User Content. You understand and agree, however, that In Sales Academy may retain, but not display, distribute, or perform, server copies of User Content. The above licenses granted by you in User Content for which the Site does not provide you a means to delete or remove are perpetual and irrevocable.

SUPPORT REQUESTS & REASONABLE USE

Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please email info@insalesacademy.com

DETAILS

Each client will be have a custom plan with a pre-agreed terms and KPIs (number of leads, visitors on site...) each month determined by the relevant plan. The effort required for development is exclusively determined by the In Sales Academy management. For work outside of the scope of the In Sales Academy agreement, In Sales Academy management may provide alternative solutions to the client including referral to the In Sales Academy partner network.Your requests are subject to approval by In Sales Academy management or by its assigned agent.

THIRD-PARTY MATERIALS

Certain services available may include materials from third parties. In Sales Academy may provide links to third-party websites as a convenience to you. You agree that In Sales Academy is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that In Sales Academy is not in any way responsible for any such use by you.

UNLIMITED AND REASONABLE USE

The term “unlimited” is subject to a reasonable use clause. The definition of reasonable use is determined by In Sales Academy management, at its sole and exclusive discretion. Customers deemed to be abusing the In Sales Academy service will be contacted by the In Sales Academy management. In Sales Academy management retains the sole and absolute discretion to suspend service to you if we deem necessary.

TERMINATION & CANCELLATION

Terms and conditions are always included in the contract with the client.

MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind In Sales Academy in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. In Sales Academy shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference) of In Sales Academy. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. In Sales Academy may transfer, assign or delegate the Terms and its rights and obligations without your consent.

GOVERNING LAW

In Sales Academy agreements shall be governed in accordance with the law of the Czech Republic and the parties submit to the exclusive jurisdiction of the Czech Courts. However only In Sales Academy is entitled to waive this right and submit to the jurisdiction of the courts in which the client’s office is located. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise expressly provided herein.