1. SCOPE OF APPLICATION
1.1. These General Terms and Conditions (hereinafter referred to as “GTC”) govern the contractual relationship between the Van Veen Group GbR, represented by Niels van Veen and Adriaan van Veen, Schierholzstraße 27, 30655 Hannover, Germany (hereinafter referred to as “PROXY.brothers”) and its contractual partners in the form of commercial resellers (hereinafter referred to as “Resellers”). They shall apply in their current version at the time of conclusion of the contract. For end customers in the form of users of the services of PROXY.brothers (hereinafter referred to as “End Customers”), deviating GTCs shall apply, which can be retrieved at https://www.proxybrothers.com/terms-and-conditions.
1.2. Deviating GTC of the Reseller shall not apply to the concluded contracts, even if PROXY.brothers has not expressly objected to them.
1.3. If the parties reach agreements deviating from these GTC, such agreements shall, in case of doubt, prevail over the provisions of these GTC. Any deviating agreements must be in text form to be effective.
2. SUBJECT OF THE CONTRACT
2.1. PROXY.brothers is a provider of mobile data switching services in the form of so-called proxy services against payment. End customers receive access to the proxy service of PROXY.brothers (hereinafter referred to as “service”) against payment of a usage fee. This gives end customers the option of connecting to the Internet via a mobile proxy server. The functional scope of the Service is set out in the current Service description, available at https://www.proxybrothers.com.
2.2. PROXY.brothers shall provide the Reseller with quotas for the use of the service for resale to end customers. The concrete scope of services of the contingents (speed of data transmission, transmission standard, data volume, IP rotation and number of permitted users) depends on the product selected by the Reseller and results from the information on the website at https://www.proxybrothers.com (hereinafter referred to as “Website”).
3. CONCLUSION OF CONTRACT
3.1. The conclusion of the contract shall take place via the website. The presentation of the services of PROXY.brothers on the website merely constitutes a non-binding invitation to the visitors of the website to submit an offer to PROXY.brothers to conclude a contract. The submission of the order on the website by clicking on the button “order with costs” constitutes a binding offer to conclude a purchase contract on the part of the visitor.
3.2. PROXY.brothers confirms receipt of the order immediately by sending an automatically generated e-mail (“confirmation of receipt”). This message does not constitute an acceptance of the offer to conclude a contract. An effective contract shall only be concluded upon receipt of a further e-mail (“Order Confirmation”).
4. CUSTOMER ACCOUNT, REGISTRATION
4.1. The Reseller has the possibility to create a user account by clicking on the “register” button. Registration is purely voluntary in order to simplify future orders. However, it is also possible to place an order without registering (“guest order”).
4.2. The registration itself is free of charge. There is no entitlement to registration. PROXY.brothers is entitled to make registration subject to further requirements (e.g. verification of registration data). The Reseller is obliged to provide proper and accurate information during registration.
4.3. The personal data stored during registration shall be saved by PROXY.brothers so that the Reseller can log in again at any time using his access data.
5. ORDERING PROCESS
5.1. The Reseller can select the desired contingents for booking by adding them to the shopping cart by clicking on the corresponding button. To complete the order, the Reseller must select the shopping cart to be guided through the rest of the ordering process. In the shopping cart, the Reseller can change the desired number of items or remove the selected items entirely at any time.
5.2. If there are items in the shopping cart, the Reseller will first be taken to a page where he can enter his data and then select the shipping and payment method by clicking on the “Continue” button. The content of the input fields can also be corrected later by selecting the appropriate step or by clicking the “edit” button. To cancel the ordering process completely, the browser window can be closed or the website exited.
5.3. After entering all the necessary order and address data, clicking the “continue” button opens a page on which the main item details, including any costs incurred, are summarized once again. Up to this point, the Reseller can correct his entries or withdraw from the contract.
6. SERVICE LEVEL
7.3. If the Reseller violates the provision under clause 7.1, the Reseller shall be liable to PROXY.brothers without limitation for all damages resulting therefrom and shall indemnify PROXY.brothers against all resulting claims asserted by third parties – in particular end customers – against PROXY.brothers.
8.1. Neither an employment nor a commercial agency relationship shall be established between PROXY.brothers and the Reseller. In particular, the Reseller shall not be entitled to act in the name of PROXY.brothers or to accept offers, make or receive declarations on behalf of PROXY.brothers.
8.2. The Reseller shall be free in its pricing vis-à-vis the end customers. There are no geographical restrictions regarding the resale of the contingents.
8.3. Purchases on commission or the return of purchased contingents shall be excluded.
8.4. PROXY.brothers shall not provide the Reseller with any distribution systems, tools or infrastructure. PROXY.brothers shall only be obliged to make the quotas available to the Reseller in such a way that the Reseller can sell the quotas to end customers and enable them to use the service.
8.5. There is no exclusivity between the Reseller and PROXY.brothers. In particular, the Reseller shall not be entitled to any exclusive distribution rights. The Reseller shall have no obligation to resell. The Reseller shall be entitled to offer similar or similar products of other companies. In this case, however, the Reseller shall take into account the interests of PROXY.brothers in an appropriate manner and shall, upon request, provide PROXY.brothers with information on which similar or similar products of which companies it offers. Similar or like products in this sense shall be all data forwarding services, in particular proxy and VPN services.
8.6. In the context of resale, the Reseller shall be solely and exclusively responsible for compliance with all legal and regulatory requirements, unless the measures required for compliance are exclusively within the sphere of influence of PROXY.brothers.
8.7. The Reseller shall structure the contractual relationship with the end customers in such a way that it can fully and properly fulfill its obligations under the contractual relationship with PROXY.brothers.
8.8. If the Reseller provides end customers or third parties with information about PROXY.brothers or the Service, the Reseller shall ensure that such information is truthful and corresponds to the information published by PROXY.brothers and, in particular, does not contradict such information.
9. GENERAL OBLIGATIONS OF THE RESELLER
9.1. Only the End Customer shall be entitled to use the Service. The Reseller shall only be entitled to resell the purchased contingents.
9.2. The Reseller undertakes not to misuse the Service. He undertakes to refrain from activities in connection with the use of the Service that violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors. In particular, the Reseller warrants that he/she will not commit any criminal acts using or aiding the Service.
9.3. The Reseller is strictly prohibited from using programs, algorithms or other software in connection with the use of the Service that may interfere with the functioning of the Service. In particular, the Reseller shall not take any measures that may result in an unreasonable or excessive load on the infrastructure of the Service or interfere with it in a disruptive manner.
9.4. The Reseller shall keep its access data, including the password, secret and ensure that they are not accessible to unauthorized third parties. This includes in particular the selection of a secure password (at least eight characters consisting of upper case letters, lower case letters, numbers and special characters). It is the Reseller’s responsibility to ensure that the Service is used exclusively by authorized persons via their user account.
9.5. The Reseller undertakes to provide all information to PROXY.brothers truthfully. If the data provided changes during the term of the contract, the Reseller shall immediately change the data stored in its user account.
9.6. In the event of an official intervention or the existence of a legal obligation to provide information resulting from a contingent resold by the Reseller, the Reseller shall be obliged to support PROXY.brothers in fulfilling its obligations.
9.7. As a commercial reseller, the Reseller is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB).
10. PRICES, PAYMENT
10.1. The prices stated on the website are in euros plus the statutory value added tax. The prices stated on the Website at the time of the order shall apply.
10.2. The reseller can choose between the following payment methods:
– Cryptocurrency (BTC, ETH, USDT).
– Credit card (VISA, Mastercard, American Express)
– bank transfer (SOFORT Überweisung)
10.3. Any refunds shall be automatically arranged by PROXY.brothers to the payment method used by the Reseller for payment or to the associated bank account.
11. INTELLECTUAL PROPERTY
11.1. Signs, company names, texts, images, graphics, videos, layouts and other works used by PROXY.brothers generally constitute intellectual property of PROXY.brothers.
11.2. Without the express permission of PROXY.brothers, the Reseller shall in particular not be entitled to reproduce, make publicly accessible or – against payment or free of charge – make available to third parties any signs, company names, texts, images, graphics, videos, layouts and other works owned by PROXY.brothers.
11.3. The restrictions resulting from clauses 11.1. and 11.2. shall not apply if and to the extent that the relevant action of the Reseller is mandatory for the purposes of the contractual relationship between PROXY.brothers and the Reseller or if an exhaustion principle regulated by law or recognized by case law is relevant.
12. DISCLAIMER / LIMITATION OF LIABILITY
12.1. PROXY.brothers shall be liable without limitation for intent and gross negligence. For ordinary negligence PROXY.brothers shall only be liable for damages resulting from
12.1.1. injury to life, body and health,
12.1.2. the violation of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the contractual partner regularly relies and may rely),
12.1.3. the violation of provisions of the German Data Protection Regulation (DSGVO) as well as
12.1.4. the violation of provisions of the Product Liability Act (ProdHaftG).
12.2. In the event of a simple negligent breach of essential contractual obligations, the liability of PROXY.brothers shall be limited to the amount of the foreseeable, typically occurring damage.
12.3. Apart from that, the liability of PROXY.brothers is excluded.
12.4. The above limitations of liability shall also apply in favor of the legal representatives and vicarious agents of PROXY.brothers.
13. DATA PRIVACY, UNENCRYPTED COMMUNICATION
13.1. PROXY.brothers shall process the personal data of the Reseller and, if applicable, of persons belonging to the Reseller in accordance with the statutory provisions on data protection – in particular the General Data Protection Regulation (DSGVO).
13.2. Communication between PROXY.brothers and the Reseller shall preferably take place digitally via unencrypted communication channels (esp. conventional e-mails and messenger services), which offer lower confidentiality and security compared to encrypted communication channels.
14. FINAL PROVISIONS
14.1. The contractual relationship shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
14.2. Should individual provisions of these GTC including this provision be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.
14.3. If the Reseller is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from and in connection with contracts concluded under these GTC shall be the registered office of PROXY.brothers.