Terms and Conditions

By using accessing, linking to or using this Website, you agree to be bound by the terms below (“Terms and Conditions”). If you do not agree to the terms below, do not access, link to or use this Website.

Instower reserves the right to amend, remove, or add to the Terms and Conditions at any time, and such modifications shall be effective immediately. Whenever accessing, linking to or using this Site, please continue to review the Terms and Conditions for any modifications. Your continued access, link to or use of this Website after any modifications have been posted to the Terms and Conditions constitutes your acceptance of the modified Terms and Conditions. If, at any time, you do not wish to accept the Terms and Conditions, you are prohibited from accessing, linking to or using this Website. Any terms and conditions proposed by you which are additional to or which conflict with the Terms and Conditions are expressly rejected by Instower and shall be of no force or effect.

1. Definitions

In these Terms and Conditions the following terms will have the meaning outlined below:

“Agreement”: an agreement between a Customer and Instower that is reached after the acceptance of these Terms and Conditions by the Customer.
“Instower”, “Ourselves”, “We”, “Our” and “Us”: Instower LLC, a company incorporated in Yerevan, Armenia.
“You” and “Your”: you, the natural person accessing this Website and accepting Instower’s Terms and Conditions in your own legal capacity or on behalf of the “Customer”.
“Customer”: the natural or juristic person, including but not limited to companies, partnerships, non-profit making organisations, trade unions, other organisations and the like, accepting Instower’s Terms and Conditions.
“Services”: Services directly provided by Instower or third-party companies and individuals facilitating Our Services.
“Service Providers”: third-party companies and individuals facilitating Our Services, who provide the Services on Our behalf, or directly provide the Services to You, or perform Services-related services or assist Us in analysing how Our Services are used.
“Application Form”: the document, signed by You, whereby You, subject to the terms and conditions therein, Order any of Our Services.
“Order”: the contractual offer You make to Us to Perform the Services described in the Application Form, subject to the terms and conditions therein.
“Acceptance Form”: the document, signed by Instower, whereby Instower, subject to the terms and conditions agreed between the Customer and Instower, accepts the Customer’s offer to provide the Services agreed between the Customer and Instower to the Customer.
“Service Agreement”: a legally binding agreement that is reached after Instower produces the Acceptance Form and sends the Acceptance Form to the Customer through the e-mail or postal address provided by the Customer to Instower.
“Cargo Claim”: any claim against entities in relation to Customers’ losses, damages or expenses resulting from losses of or damages to cargoes transported internationally, or expenses incurred by the Customer due to breach of contractual or statutory duties, fault, omission or error.
“Insurance Claim”: any claim against insurance or reinsurance companies.
“Claim”: Insurance or Cargo Claims.

2.Communication and documentation

The Application Form and Acceptance Form may only be submitted via e-mail or postal service.
The Application Form shall be signed by You if You intend to assume liability, contractual obligations and rights under the Service Agreement on behalf of the Customer or directly in Your own legal capacity.
Any messages submitted via Our Website do not constitute a contractual offer, are not binding for You and Instower and do not constitute a Service Agreement.
Any content or advertisements of Our Services displayed on the Website do not constitute a contractual offer to use Our Services.

3. Agreement to the Terms and Conditions

You represent and warrant that You have read, understand and agree to be bound by the Terms and Conditions, which constitute a legal Agreement between You and Instower. You represent and warrant that You have full authority to accept the Terms and Conditions which shall be an integral part of the Service Agreement, unless otherwise expressly stated in writing.
If You are accepting on behalf of someone else, You represent and warrant that You have full legal authority to bind that person or entity to these Terms and Conditions. If You do not have full legal authority to bind your entity to the Terms and Conditions, please ensure that an authorised person from your entity consents to and accepts the Terms and Conditions; otherwise You are prohibited from accessing, linking to or using this Website.
If You are acting above the limits of the authorities given by any entity to You, or if You have provided incorrect information about Your legal capacity, You assume personal liability, obligations and rights under the Service Agreement.

4. Terms and Conditions of the Services

Any Services provided by Instower to the Customer are subject to these Terms and Conditions. These Terms and Conditions shall be an integral part of the Service Agreement, except to the extent otherwise expressly agreed in writing in which event those terms shall prevail over these Terms and Conditions.

4.2 Insurance Consulting

Instower’s fees for Insurance Consulting Services are calculated on the basis of the estimated time spent and expenses incurred (“Project Fee”) for the Insurance Consulting Services ordered by the Customer unless otherwise expressly agreed in writing.
The exact scope of the Insurance Consulting Services ordered by the Customer should be expressly stated in the Application Form.
The Project Fee shall be pre-agreed between the Customer and Instower through the Application Form and Acceptance Form. The procedures and conditions applying to the Application Form and Acceptance Form are described above.
The pre-agreed Project Fee is contractually binding and shall be charged after providing You with the report comprising the description and outcome of the Insurance Consulting Services provided to the Customer.
Payment of the Project Fee is due within 30 (thirty) days of delivery of the relevant invoice. Instower reserve the right to charge interest on invoices remaining unpaid after 30 (thirty) days from the date of delivery.

4.3 Insurance Risks Assessment

Instower’s fees for Insurance Risks Assessment Services are charged on the basis of the time spent and expenses incurred unless otherwise expressly agreed in writing. Time is charged at an appropriate hourly rate and includes, for example, meetings with insurers, prospective and existing policyholders, examination of property, expertise, correspondence, telephone calls, consideration and preparation of documents and travelling.
The scope and extent of the Insurance Risks Assessment Services ordered by the Customer should be expressly stated in the Application Form.
The scope and extent of the Insurance Risks Assessment Services ordered by the Customer may be modified before the Completion of Insurance Risks Assessment Services or additional Insurance Risks Assessment Services may be ordered after the completion, in which case the Customer may send a new Application Form to Instower.
The hourly rate of the time for Insurance Risks Assessment Services is pre-agreed between the Customer and Instower; it is contractually binding and shall be charged after providing You with the report comprising the description and outcome of the Insurance Risks Assessment Services provided to the Customer. Expenses are charged at cost and shall likewise be charged after providing You with the report comprising the description and outcome of the Insurance Risks Assessment Services provided to the Customer.
The hourly rate of the time for Insurance Risks Assessment Services shall be pre-agreed between the Customer and Instower through the Application Form and Acceptance Form. The procedures and conditions applying to the Application Form and Acceptance Form are described above.
The pre-agreed hourly rate of the time for Insurance Risks Assessment Services is contractually binding and may not be modified.
Payment of fees (including expenses) for Insurance Risks Assessment Services is due within 30 (thirty) days of delivery of the relevant invoice. Instower reserve the right to charge interest on invoices remaining unpaid after 30 (thirty) days from the date of delivery.

4.4 Insurance Claims Services

Instower’s fees for Insurance Claims Services are charged on the basis of the time spent and expenses incurred unless otherwise expressly agreed in writing. Time is charged at an appropriate hourly rate and includes, for example, meetings with insurers and insureds, examination of property, investigation of claims, assessment of losses, expertise, correspondence, telephone calls, consideration and preparation of documents and travelling.
The scope and extent of the Insurance Claims Services ordered by the Customer should be expressly stated in the Application Form.
The scope and extent of the Insurance Claims Services ordered by the Customer may be modified before the completion of Insurance Claims Services or additional Insurance Claims Services may be ordered after the completion, in which case the Customer may send a new Application Form to Instower.
The hourly rate of the time for Insurance Claims Services is pre-agreed between the Customer and Instower; it is contractually binding and shall be charged after providing You with the report comprising the description and outcome of the Insurance Claims Services provided to the Customer. Expenses are charged at cost and shall likewise be charged after providing You with the report comprising the description and outcome of Insurance Claims Services provided to the Customer.
The hourly rate of the time for Insurance Claims Services shall be pre-agreed between the Customer and Instower through the Application Form and Acceptance Form. The procedures and conditions applying to the Application Form and Acceptance Form are described above.
The pre-agreed hourly rate of the time for Insurance Claims Services is contractually binding and may not be modified.
Payment of fees (including expenses) for Insurance Claims Services is due within 30 (thirty) days of delivery of the relevant invoice. Instower reserve the right to charge interest on invoices remaining unpaid after 30 (thirty) days from the date of delivery.

4.5 Insurance Solutions

Instower’s fees for Insurance Solutions Services are calculated on the basis of the estimated time spent and expenses incurred (“Insurance Service Fee”) for Insurance Solutions Services ordered by the Customer unless otherwise expressly agreed in writing.
The exact scope an extent of the Insurance Solutions Services ordered by the Customer should be expressly stated in the Application Form.
The Insurance Service Fee shall be pre-agreed between the Customer and Instower through the Application Form and Acceptance Form. The procedures and conditions applying to the Application Form and Acceptance Form are described above.
The pre-agreed Insurance Service Fee is contractually binding and shall be charged after providing You with the report comprising the description and outcome of the Insurance Solutions Services provided to the Customer.
The pre-agreed Insurance Service Fee does not form a part of the insurance premium charged for any insurance coverage arranged or recommended by Instower. The Insurance Service Fee is charged by Instower for the Insurance Solution Services provided to the Customer.
Payment of the Insurance Service Fee is due within 30 (thirty) days of delivery of the relevant invoice. Instower reserve the right to charge interest on invoices remaining unpaid after 30 (thirty) days from the date of delivery.

4.6 Cargo Loss or Damage Recovery

Instower’s fees for Cargo Loss or Damage Recovery are formed based on the time spent and expenses incurred unless otherwise expressly agreed in writing.
Our Cargo Loss or Damage Recovery Services include the services described below:
Collection of Initial Information

Consulting in respect of the information Customers need to obtain in order to have an accurate understanding of the prospective Cargo Claim.

Cargo Damage or Loss Surveys

Depending on where the damaged cargo is, we may conduct or arrange survey and inspection of the damaged cargo.

Assessment of Liability Exposure

After collecting the available information concerning the loss, we then analyse the strengths and weaknesses of a possible Cargo Claim and advise Our customers about the prospects of a possible Cargo Claim.

Recommending You the Recovery Strategy

We work with You to review and analyse the case, recommend and agree with You a possible Cargo Claim strategy.

Initial Cargo Claim Negotiations

Conducting negotiations with parties deemed liable for the loss or damage to cargo, or expenses incurred by the Customer due to breach of contractual or statutory duties, fault, omission or error.

Claim Letters

We will prepare and send claim letters with supporting documents on behalf of You to the parties held liable for the loss.

Pre-trial Negotiations

We will then approach the parties deemed liable for the loss to discuss again the possibility of settling the claim before a legal action is pursued against them.

Legal Action

If a legal action is necessary to provide You with a just resolution of the Cargo Claim, and we see reasonable prospects of moving the Cargo Claim further, we may recommend and arrange provision of legal services to the Customer at our discretion.

4.6.3 You hereby confirm that You are aware that although We do Our best to recover the losses resulting from the cargo damage or loss, we are not able to guarantee recovery of the Customer’s losses. Our Cargo Loss or Damage Recovery Services do not constitute any promise or warranty that the Customer’s Cargo Claim will be satisfied.

Although we will express Our opinion about the likelihood of success of a prospective Cargo Claim, We shall pursue the Customer’s Cargo Claim against those parties who are believed by the Customer to be liable for the Customer’s losses.
The legal services providers recommended by Instower are acting in their own name and agree the terms and fees of their services with the Customer.
Time is charged at an appropriate hourly rate and includes, for example, meetings with the Customer, consulting, investigation of claims, assessment of losses, expertise, assessment of liability exposure, telephone calls, consideration and preparation of documents, arrangement of contracts for the provision of legal and other services, preparation and submission of pre-action claim letters, negotiations with parties held liable for loss of or damage to the cargo and travelling.
The scope and extent of the Cargo Loss or Damage Recovery Services ordered by the Customer should be expressly stated in the Application Form, but may be modified before the completion of the Cargo Loss or Damage Recovery Services or additional Cargo Loss or Damage Recovery Services may be ordered after the completion, in which case the Customer may send a new Application Form to Instower.
The hourly rate of the time for Cargo Loss or Damage Recovery Services is pre-agreed between the Customer and Instower; it is contractually binding and shall be charged after providing You with the report comprising the description and outcome of the Cargo Loss or Damage Recovery Services provided to the Customer. Expenses are charged at cost and shall likewise be charged after providing You with the report comprising the description and outcome of the Cargo Loss or Damage Recovery Services provided to the Customer.
The hourly rate of the time for Cargo Loss or Damage Recovery Services shall be pre-agreed between the Customer and Instower through the Application Form and Acceptance Form. The procedures and conditions applying to the Application Form and Acceptance Form are described above.
The pre-agreed hourly rate of the time for Cargo Loss or Damage Recovery Services is contractually binding and may not be modified.
The Cargo Loss or Damage Recovery Services are deemed provided to the Customer upon the provision of the Cargo Loss or Damage Recovery Services stated in the Application Form.
Payment of fees (including expenses) for Cargo Loss or Damage Recovery Services is due within 30 (thirty) days of delivery of the relevant invoice. Instower reserve the right to charge interest on invoices remaining unpaid after 30 (thirty) days from the date of delivery.

4.7 Preparation of Cargo Claim Letters

Instower’s fees for Preparation of Cargo Claim Letters are calculated on the basis of the estimated time spent and expenses incurred for the preparation of Cargo Claim letters against parties deemed liable for cargo loss or damage, or expenses incurred by you due to breach of contractual or statutory duties, fault, omission or error (“Claim Letter Fee”) unless otherwise expressly agreed in writing.
The Claim Letter Fee shall be pre-agreed between the Customer and Instower through the Application Form and Acceptance Form. The procedures and conditions applying to the Application Form and Acceptance Form are described above.
You hereby confirm that You are aware that although We do Our best to prepare professional Cargo Claim letters, we rely on the information You provide for the preparation of the Cargo Claim letter. We are not able to guarantee recovery of the Customer’s losses. Our Preparation of Cargo Claim Letters Services do not constitute any promise or warranty that the Customer’s Cargo Claim will be satisfied.
Although we will express Our opinion about the likelihood of success of a prospective Cargo Claim, We shall pursue the Customer’s Cargo Claim against those parties who are believed by the Customer to be liable for the Customer’s losses.
The pre-agreed Claim Letter Fee is contractually binding and shall be charged after providing the text of the Cargo Claim letter along with the recommended set of documents accompanying it to the Customer.
Payment of the Claim Letter Fee is due within 30 (thirty) days of delivery of the relevant invoice. Instower reserve the right to charge interest on invoices remaining unpaid after 30 (thirty) days from the date of delivery.

4.8 Assessment of Liability Exposure

Instower’s fees for Assessment of Liability Exposure Services are charged on the basis of the time spent and expenses incurred unless otherwise expressly agreed in writing. Time is charged at an appropriate hourly rate and includes, for example, meetings with the Customer, legal expertise, correspondence, telephone calls, consideration and preparation of documents and travelling.
The scope and extent of the Assessment of Liability Exposure Services ordered by the Customer should be expressly stated in the Application Form.
The scope and extent of the Assessment of Liability Exposure Services ordered by the Customer may be modified before the Completion of Assessment of Liability Exposure Services or additional Assessment of Liability Exposure Services may be ordered after the completion, in which case the Customer may send a new Application Form to Instower.
The hourly rate of the time for Assessment of Liability Exposure Services is pre-agreed between the Customer and Instower; it is contractually binding and shall be charged after providing You with the report comprising the description and outcome of the Assessment of Liability Exposure Services provided to the Customer. Expenses are charged at cost and shall likewise be charged after providing You with the report comprising the description and outcome of the Assessment of Liability Exposure Services provided to the Customer.
The hourly rate of the time for Assessment of Liability Exposure Services shall be pre-agreed between the Customer and Instower through the Application Form and Acceptance Form. The procedures and conditions applying to the Application Form and Acceptance Form are described above.
The pre-agreed hourly rate of the time for Assessment of Liability Exposure Services is contractually binding and may not be modified.
Payment of fees (including expenses) for Assessment of Liability Exposure Services is due within 30 (thirty) days of delivery of the relevant invoice. Instower reserve the right to charge interest on invoices remaining unpaid after 30 (thirty) days from the date of delivery.

4.9 Cargo Surveys

Instower’s fees for Cargo Surveys Services are charged on the basis of the time spent and expenses incurred unless otherwise expressly agreed in writing. Time is charged at an appropriate hourly rate and includes, for example, meetings with the Customer, inspections, correspondence, telephone calls, consideration and preparation of documents and travelling.
The scope and extent of the Cargo Surveys Services ordered by the Customer should be expressly stated in the Application Form.
The scope and extent of the Cargo Surveys Services ordered by the Customer may be modified before the completion of Cargo Surveys Services or additional Cargo Surveys Services may be ordered after the completion, in which case the Customer may send a new Application Form to Instower.
The hourly rate of the time for Cargo Surveys Services is pre-agreed between the Customer and Instower; it is contractually binding and shall be charged after providing You with the report comprising the description and outcome of the Cargo Surveys Services provided to the Customer. Expenses are charged at cost and shall likewise be charged after providing You with the report comprising the description and outcome of the Cargo Surveys Services provided to the Customer.
The hourly rate of the time for Cargo Surveys Services shall be pre-agreed between the Customer and Instower through the Application Form and Acceptance Form. The procedures and conditions applying to the Application Form and Acceptance Form are described above.
The pre-agreed hourly rate of the time for Cargo Surveys Services is contractually binding and may not be modified.
Payment of fees (including expenses) for Cargo Surveys Services is due within 30 (thirty) days of delivery of the relevant invoice. Instower reserve the right to charge interest on invoices remaining unpaid after 30 (thirty) days from the date of delivery.

5. Information from the Customer

On request by Instower, the Customer will provide Instower with all information that is required for the provision of Services. The Customer warrants that the provided information is correct, complete and true.
The Customer agrees to fully indemnify Instower in all respects for all third-party claims including, but not limited to, incorrect Customer communications, provision of incorrect information and fraudulent conduct.
In case of incorrect information and fraudulent conduct, Instower reserves the right to terminate the Service Agreement with immediate effect. If the Service Agreement is terminated in accordance with this paragraph, the Customer will not have any right to compensation of any kind.

6. Termination

The Customer may unilaterally terminate the Service Agreement at any time without the need to specify any reason but will remain liable for Instower’s fees and expenses incurred up until that date. To exercise Your right to terminate the Service Agreement, the termination must be communicated via Instower’s e-mail or postal address mentioned below and it must clearly state that You wish to terminate the Service Agreement. Due to the nature of the Services provided to You, You cannot terminate the Service Agreement, if we have informed You that Your Claim has been accepted. The termination of the Service Agreement shall be deemed terminated from the moment of sending the termination notice to Us via the e-mail or postal address provided by the Customer.
The termination notice may be communicated by sending the said notice to:

E-mail: [email protected]

Postal address: Yerevan, Armenia, 0054, T. Petrosyan str. 6-27

Instower may unilaterally terminate the Service Agreement at any time, without the need to specify any reason and withdraw from the Service Agreement by sending a termination notice to the Customer. The termination of the Service Agreement shall be deemed terminated from the moment of sending the termination notice to the Customer via the e-mail or postal address provided by the Customer.

7. Third parties

Instower are not responsible to third parties in relation to the Services provided by Instower to Customers. Instower shall not be liable for any claims made by third parties in relation to Our Services.

8. Rights and remedies

The rights available to Instower by virtue of these Terms and Conditions are without prejudice to any other rights available to Instower.

9. Force majeure

If either party fails to fulfill its obligations hereunder (other than an obligation for the payment of money), when such failure is due to an act of God, or other circumstances beyond its reasonable control, including but not limited to fire, flood, civil commotion, riot, war (declared and undeclared), revolution, or embargoes, then said failure shall be excused for the duration of such event and for such a time thereafter as is reasonable to enable the parties to resume performance under this Agreement, provided however, that in no event shall such time extend for a period of more than one hundred eighty (180) days.

10. Conflicts of interest

Instower may cease from acting in certain matters if a conflict of interest exists or may exist. Instower will endeavour to identify any such conflict at an early stage.

11. Intellectual property rights

Unless otherwise expressly agreed in writing, Instower own the rights in the work product that Instower produces in providing Services to the Customer, as well as own the intellectual property rights for all contents on the Website.

All intellectual property rights are reserved.

12. License

12.1 License to copy for personal use

You may view and/or print pages from http://www.Instower.com for your own personal use subject to restrictions set in these terms and conditions.
You may view these pages on screen. You may print or download to your local hard disk extracts from these pages for your personal use only.

12.2 License to recopy for limited purposes

You may recopy unsubstantial extracts from these pages ("the material") to third parties, but only if:
You acknowledge Instower as the source of the material. Such acknowledgment should include reference to the website address (http://www.Instower.com) in the copy of the material.
You inform the third party that these conditions apply to him/her and that he/she must comply with them.
No part of this website may be reproduced on or transmitted to or stored in any other website or other form of electronic retrieval system. This website is owned and operated by Instower.
You must not sell, rent or sub-license material from http://www.Instower.com.
You must not redistribute content from Instower (unless content is specifically made for redistribution).

13. Reservation of rights

We reserve the right at any time and in its sole discretion to request that You remove all links or any particular link to Our Website. You agree to immediately remove all links to Our Website upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to Our Website, You agree to be bound to and abide by these linking terms and conditions.

14. Removal of links from Our Website

If You find any link on Our Website or any linked web site objectionable for any reason, You may contact Us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to You.
Whilst we endeavour to ensure that the information on this Website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up to date.

15. Content liability

We shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend Us against all claims arising out of or based upon your website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

16. Cookies

We employ the use of cookies. By using the Website You consent to the use of cookies in accordance with Instower’s Privacy Policy.
Most of the modern day interactive web sites use cookies to enable Us to retrieve user details for each visit. Cookies are used in some areas of Our site to enable the functionality of this area and ease of use for those people visiting. Some of Our affiliate / advertising partners may also use cookies.

17. Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to Our Website and the use of this Website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Nothing in this disclaimer will:
limit or exclude Our or your liability for death or personal injury resulting from negligence;
limit or exclude Our or your liability for fraud or fraudulent misrepresentation;
limit any of Our or your liabilities in any way that is not permitted under applicable law; or
exclude any of Our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the Website and the information on the Website are provided free of charge, we will not be liable for any loss or damage of any nature.

18. Other provisions

Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
These Terms and Conditions are governed by and construed in accordance with the law of the Republic of Armenia. Subject to any alternative dispute resolution procedure agreed from time to time, any dispute between Instower and the Customer will be subject to the exclusive jurisdiction of the Armenian courts.
Should any provision of these Terms and Conditions be or become void, illegal or unenforceable, this shall not affect the validity of the remaining provisions in any way whatsoever.
Rights and obligations fully or partially related to any submitted Claim may be transferred without restrictions by Instower to any Service Providers.
The English version of these Terms shall prevail for Agreements and Service Agreements concluded between Instower and non-residents of the Republic of Armenia.

Published: 01 January, 2019