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 end customers (hereinafter referred to as “users”). They shall apply in their current version at the time of the conclusion of the contract. For resellers (“Resellers”), deviating GTCs apply, which can be accessed at https://proxybrothers.com/terms-and-conditions-for-resellers
1.2. If the user has obtained services offered by PROXY.brothers through an authorized reseller, the provisions of these GTC shall apply between PROXY.brothers and the user, with the exception of the provisions under clauses 2.3., 3., 4., 5., 6.1., 6.2., 6.3., 10., and 11.
1.3. PROXY.brothers reserves the right to change these GTC, even for ongoing contractual relationships, if this becomes necessary due to changes in the legal situation, supreme court rulings or market conditions. In this case, the user will be informed about the planned changes by e-mail. The GTC will be attached to the e-mail, highlighting the planned changes. The user has the option to object to the planned changes within 14 days of receipt of the e-mail. If the user does not make use of the option to object within the period, the changes shall be deemed to have been tacitly accepted. This legal consequence will be expressly pointed out to the user in the corresponding e-mail. If the user objects to the changes, PROXY.brothers shall be entitled to terminate the contract prematurely for cause.
1.4. Deviating GTC of the User shall not apply to the concluded contracts, even if PROXY.brothers has not expressly objected to them.
1.5. If the parties reach agreements that deviate from these GTC, these shall take precedence over the provisions of these GTC in case of doubt. Deviating agreements must be made 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. After conclusion of the contract and payment of a usage fee, the user shall be granted access to the proxy service of PROXY.brothers (hereinafter referred to as “service”). This gives the user the opportunity to connect to the Internet via a mobile proxy server.
2.2. The functional scope of the service results from the respective current service description, available at https://www.proxybrothers.com.
2.3. The concrete scope of services (speed of data transmission, transmission standard, data volume, IP rotation and number of permitted users) depends on the product selected by the user and results from the information on the website at https://www.proxybrothers.com (hereinafter referred to as the “Website”).
3. CONCLUSION OF CONTRACT
3.1. If the user obtains access to the service via an authorized reseller, the contract between PROXY.brothers and the user is concluded by activating or using the service. Otherwise, the contract is concluded via the website.
3.2. The presentation of PROXY.brothers’ services on the website merely constitutes a non-binding invitation to visitors to 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.
3.3. PROXY.brothers confirms the receipt of the order immediately by an automatically generated e-mail (“confirmation of receipt”). This message does not yet constitute an acceptance of the offer to conclude a contract. An effective contract shall only be concluded upon receipt of another e-mail (“Order Confirmation”). With the order confirmation, PROXY.brothers also provides the user with all information essential for the contract.
4. USER ACCOUNT, REGISTRATION
4.1. The user has the option to create a user account by clicking on the “register” button. Registration is purely voluntary in order to simplify future orders. However, the order is also possible without registration (“guest order”).
4.2. The registration itself is free of charge. There is no right to registration. PROXY.brothers is entitled to make registration subject to further requirements (e.g. verification of registration data). The user is obliged to provide proper and accurate information during registration.
4.3. The personal data stored during registration are saved by PROXY.brothers so that the user can log in again at any time with his access data.
5. ORDERING PROCESS
5.1. The user can select the desired items for booking by placing them in the shopping cart by clicking on the corresponding button. To complete the order, the user must select the shopping cart to be guided through the rest of the ordering process. In the shopping cart, the user can change the desired number of items or completely remove the selected items at any time.
5.2. If there are items in the shopping cart, clicking on the “continue” button first takes the user to a page where he can enter his data and then select the shipping and payment method. 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 user can correct his entries or refrain from declaring the contract.
6. SERVICE LEVEL, MAINTENANCE
6.1. PROXY.brothers endeavors to provide its users with a service that is as uninterrupted as possible. PROXY.brothers guarantees the user an average availability of the service of 95% on a monthly average (hereinafter referred to as “guaranteed availability”). The relevant period for the calculation is the respective calendar month.
6.2. When calculating the actual availabilities, downtimes that cannot be attributed to PROXY.brothers are considered available times. These harmless downtimes are
6.2.1. unforeseen necessary maintenance work, if such work was not caused by a breach of PROXY.brothers’ obligations to provide the Services (force majeure, in particular unforeseeable hardware failures, strikes, natural events, etc.);
6.2.2. Downtime due to malware attack or hacker attacks, as far as PROXY.brothers has taken the usual protective measures;
6.2.3. Downtime for applying urgently needed security patches;
6.2.4. Downtimes caused by third parties, in particular interruptions of the mobile data network caused by the network provider.
6.3. If PROXY.brothers falls short of the guaranteed availability in a month, the user shall be entitled to a (partial) refund of the user fee for that month, provided that the user was specifically affected by an interruption and proves this to PROXY.brothers. The partial reimbursement shall be based on the severity of the shortfall of the guaranteed availability as follows:
Availability in monthly average Partial refund
90 – 94,99 % 25 % refund
80 – 89,99 % 50 % refund
50 – 79,99 % 75 % refund
00 – 49,99 % 100 % refund
6.4. Scheduled maintenance work that results in an interruption of service will usually be performed by PROXY.brothers on Sundays.
6.5. The user has the obligation to notify PROXY.brothers of any impairment of availability. PROXY.brothers shall endeavor to remedy the impairments without undue delay. A claim for restoration of availability does not exist insofar as the guaranteed availability is ensured.
7.1. In case of problems or questions related to the service, the user can contact the support of PROXY.brothers. This can be reached by e-mail at [email protected] and via the messaging service Telegram, a service of Telegram FZ-LLC based in Dubai.
7.2. PROXY.brothers endeavors to process support requests as quickly as possible. On the part of the user, however, there is no right to a response to his request within a certain time.
8. USER OBLIGATIONS AND RIGHTS
8.1. In principle, only the user himself is entitled to use the service. In the case of booking a product that is intended for use by several users, the user may allow other persons to use the service. In this case, the User must ensure that the other persons also observe the obligations imposed on the User by these GTC. The specified maximum number of users may not be exceeded. At the request of PROXY.brothers, the user shall immediately provide information on the persons to whom he has granted access to the service. If the User allows unauthorized persons to use the Service, the User shall be liable to PROXY.brothers without limitation for all resulting damages and shall indemnify PROXY.brothers against all resulting claims asserted by third parties against PROXY.brothers.
8.2. The user 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 user assures not to commit any criminal acts by using or aiding the service.
8.3. The User 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, he/she may 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.
8.4. The user must keep his 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 uppercase letters, lowercase letters, numbers and special characters). It is the user’s responsibility to ensure that the service is used exclusively by authorized persons via their user account.
8.5. The User undertakes to provide PROXY.brothers with all information truthfully. If the data provided changes during the term of the contract, the User shall notify PROXY.brothers thereof without undue delay or, in the event of the existence of a user account, shall immediately change the data stored in its user account.
9. FREE TRIAL PERIOD
9.1. Users have the option to use the service once free of charge for a period of 30 minutes from activation. The service has the same scope of functions during the test phase. To use the free trial period, the user must select the corresponding product on the website.
9.2. Each user may use the free trial period only once. It is expressly not permitted to use the trial period more than once.
9.3. There is no legal claim to the use of the test phase. PROXY.brothers reserves the right to exclude users of the test phase from using the service at any time without justification or to discontinue the possibility of test use altogether.
10. USAGE FEE, ACTIVATION, RENEWAL
10.1. A usage fee is charged for the use of the service, the amount of which depends on the selected usage period. The usage fee is to be paid by the user in advance.
10.2. The service shall be activated for the user only after PROXY.brothers has received or credited the usage fee for the selected usage period. The activation takes place within 24 hours after receipt of the usage fee by PROXY.brothers.
10.03. At the end of the selected usage period, the user’s usage option is automatically withdrawn again. However, the user has the option to extend the usage period at any time by placing a new order via the website. Provided that the usage fee is received by PROXY.brothers or credited to PROXY.brothers prior to the expiry of the previous usage period, the User may continue to use the Service without interruption. PROXY.brothers will notify the User of the expiration of the current usage period by e-mail a few days or a few hours before the expiration of the usage period, depending on the usage period selected.
11. PRICES, PAYMENT
11.1. The prices stated on the website are in dollars and include the statutory sales tax. The prices stated on the website at the time of the order shall apply.
11.2. The User can choose between the following payment methods:
– Cryptocurrency (BTC, ETH, USDT).
– Credit card (VISA, Mastercard, American Express)
– bank transfer (SOFORT Überweisung)
11.3. PROXY.brothers shall automatically arrange for any repayments to be made to the means of payment used by the User for payment or to the associated bank account.
12. CONTRACT PERIOD, TERMINATIONS
12.1. The contract period is determined
12.1.1. after the period of use selected by the user on the website or
12.1.2. if the User has purchased access to the Service through an authorized Reseller, according to the usage quota purchased by the Reseller and is between 1 and 365 calendar days. Ordinary termination during the term of the contract is excluded.
12.2. This shall not affect the right to extraordinary termination for good cause. An important reason entitling PROXY.brothers to extraordinary termination exists in particular if
12.2.1. the user repeatedly violates any obligation arising from these GTC or
12.2.2. the user violates an obligation from section 8.1., 8.2. or 8.3. of these GTC.
13. DISCLAIMER / LIMITATION OF LIABILITY
13.1. PROXY.brothers shall be liable without limitation for intent and gross negligence. For simple negligence PROXY.brothers shall only be liable for damages arising from
13.1.1. injury to life, body and health,
13.1.2. the breach 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),
13.1.3. the violation of provisions of the General Data Protection Regulation (GDPR) as well as
13.1.4. the violation of provisions of the Product Liability Act (ProdHaftG).
13.2. In the event of a simple negligent breach of essential contractual obligations, the liability of PROXY.brothers is limited to the amount of the foreseeable, typically occurring damage.
13.3. Otherwise, the liability of PROXY.brothers is excluded.
13.4. The above limitations of liability shall also apply in favor of the legal representatives and vicarious agents of PROXY.brothers.
14. DATA PRIVACY, UNENCRYPTED COMMUNICATION
14.1. PROXY.brothers will process the User’s personal data in accordance with the statutory provisions on data protection – in particular the General Data Protection Regulation (DSGVO).
14.2. Communication between PROXY.brothers and the user is preferably carried out digitally via unencrypted communication channels (esp. conventional e-mails), which offer less confidentiality and security than encrypted communication channels.
15. FINAL PROVISIONS
15.1. 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.
15.2. 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.
15.3. If the user 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.