Oferta pública

1. GENERAL INFORMATION

Please read carefully our PUBLIC OFFER for further successful cooperation with us. By using the Services of the https://proxy-seller.com, you automatically confirm your informed consent to this PUBLIC OFFER. 

 

1.1 Read this PUBLIC OFFER of PROXY-SELLER (hereinafter referred to as the “Agreement”) carefully, since this Agreement applies to PROXY-SELLER’s Services available on the website located at the https://proxy-seller.com (hereinafter referred to as the “Website”).

 

1.2 By accessing and/or using the Services, you agree to this Agreement, the Acceptable Use Policy, as well as our Return Policy, and conclude a legally binding agreement with SSV IT PROVIDER ONLINE SERVICES LTD (hereinafter referred to as “PROXY-SELLER”), regardless of whether you register your Personal Account or not. In addition to the Customers defined as a legal entity, the provisions of the Data Processing Agreement (the “DPA”) shall be applied. 

 

1.3 You may be referred to as “you” or the “Customer” in this Agreement.   

 

1.4 You have the right to visit the Website and/or use PROXY-SELLER’s Services only if you fully agree with this Agreement. If you use PROXY-SELLER’s Services, this means that you confirm your informed consent to this Agreement, any other appendices to this Agreement related to the use of any PROXY-SELLER’s Services, as well as any other documents referred to in this Agreement, including Return Policy. 

 

1.5 The Acceptable Use Policy is an integral part of this Agreement. If you do not carefully read, do not fully understand, or do not agree with this Agreement or other appendices to this Agreement, you must immediately leave the Website and stop using PROXY-SELLER’s Services. 

 

1.6 By accepting this Agreement, you agree with its terms, as well as the terms of any other documents referred to herein. You accept this Agreement when (1) you check the box indicating acceptance of the Agreement at the moment of the creation of your Personal Account, or (2) you complete and confirm the Order Form that refers to this Agreement. 

 

1.7 Access to Services is prohibited for such purposes: monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.  

 

1.8 PROXY-SELLER’s direct competitors are prohibited from accessing the Services, except with PROXY-SELLER’s prior written consent. 

 

1.9 This Agreement becomes effective between the Customer and PROXY-SELLER as of the date of the Customer’s acceptance of this Agreement.

2. DEFINITIONS

Review the terms we use in order to fully understand the text and meaning of this Agreement. 

 

2.1 “Customer” - 1) an individual who has reached the age of 18 and accepts this Agreement on their own behalf, or 2) a legal entity represented by an individual who accepts this Agreement on behalf of such a legal entity, that has been successfully verified in accordance to Our KYC Policy, and has placed and paid for an order intending to use the Services. 

 

2.2 “Form “Order Form” (hereinafter - Order Form) - an online form that allows the Customer to make an order for PROXY-SELLER’s Services on the Website and which specifies the country of proxy servers, the purpose of their use,  the version of Internet protocol, number of proxy servers, rental period, as well as the method of authorization and form of payment.

 

2.3 “Personal Account” - the Customer’s account on the Website through which the Customer can use the Services. Personal Account allows the Customer to track the expiration date of use of the Services, to renew them, to place an order for new Services. 

 

2.4 “Personal Balance” - the Customer’s Balance in his Personal Account which the Customer may refill in advance and use for the payments for the Services. In case the Customer participates in PROXY-SELLER Affiliate Program, all referral fees shall be also accumulated in his Personal Balance.

 

2.5 “PROXY-SELLER” - SSV IT PROVIDER ONLINE SERVICES LTD with a registered address at Agias Faneromenis, 143-145 PATSIAS COURT, Flat/Office 201, Larnaca, Cyprus, 6031.

 

2.6 “PROXY-SELLER’s Services” or Services - provision of the sole access to the Services, which become available to the Customer in the Personal Account within 24 (twenty-four) hours from the moment of the Ordering and paying for the Services. 

 

2.7 “Ordering” - online order, which is carried out by filling out the “Order Form” on the Website to place an order for PROXY-SELLER’s Services, and by subsequent payment for the order. 

 

2.8 “User” - 1) in case of an individual accepting this Agreement on their own behalf, such an individual, or 2) in case of an individual accepting this Agreement on behalf of a company or other legal entity, an individual who is authorized by such a legal entity (by Customer) to use purchased Services, and to whom the Customer has supplied a user identification and password. Users may include, for example, the Customer, employees, consultants, contractors, and agents of the Customer, as well as third parties with whom the Customer runs a business.

 

3. THE SUBJECT OF THE AGREEMENT

This Agreement governs the PROXY-SELLER’s Services provision to the Customer. 

 

3.1 PROXY-SELLER provides the Customer with the Services in the amount and for the period specified in the applicable Order Form, and the Customer is obliged to pay for these Services and use them in accordance with this Agreement and the Terms of Use of PROXY-SELLER’s Services.

 

4. PROVISION OF PROXY-SELLER’S SERVICES

We do our best to make it convenient for you to use our Services, therefore, we can change, update and set restrictions on the use of our Services, carry out preventive maintenance and gain access to your Personal Account without your consent.

 

We endeavor to provide Customers with 24/7 access to the Website under normal circumstances, but we shall not be liable if, for any reason, the Services are unavailable at any time or for any period. Access to the Services may be temporarily terminated without notice due to system failure, maintenance, repair, or for reasons beyond our control.

 

4.1 PROXY-SELLER makes the Services available to the Customer pursuant to this Agreement, namely, provides the Customer with access to the Personal Account: transfers a unique login and password that allows to get sole access to the Services of the list of proxy servers that the Customer has access to.

 

4.2 In order to facilitate the use of the Services by the Customer, PROXY-SELLER may provide the necessary consultations on connecting to the Services and setting up the software via e-mail, telephone or PROXY-SELLER’s support chat.

 

4.3 PROXY-SELLER uses commercially reasonable efforts to make the purchased Services available 24 hours a day, 7 days a week, except for:

4.3.1. planned maintenance;

4.3.2. any unavailability caused by circumstances beyond PROXY-SELLER’s reasonable control, including, for example, natural disasters, an act of government, flood, fire, earthquake, civil unrest, an act of terrorism, strike or other labour problem, inability to provide the Service due to the fault of third parties (for example, Internet service provider failure or delay or denial of service).

 

4.4 PROXY-SELLER provides the Services in accordance with laws and governmental regulations applicable to PROXY-SELLER’s provision of its Services to its Customers generally (i.e., without regard for Customer’s particular use of the Services), and subject to Customer’s use of the Services in accordance with this Agreement and the applicable Order Form(s). For the details on PROXY-SELLER`s principles of conducting business and the acquisitions of residential proxies, please refer to the latest version of the Ethics / Provenance Statement.

 

4.5 PROXY-SELLER does not control the activities of the Customer related to its use of the Services, or any other matters related to any services that the Customer provides or receives. 

 

4.6 PROXY-SELLER may collect statistical data, including the number of orders and other data related to the general activity of the Customer. 

 

4.7 PROXY-SELLER creates the Customer’s Personal Account while Ordering. PROXY-SELLER may create and delete such a Personal Account in case of violation of the terms of this Agreement by the Customer and/or at the Customer’s request.

 

4.8 PROXY-SELLER may change, modify and update the Website without the notification and consent of the Customer. 

 

4.9 PROXY-SELLER has the right to set restrictions on the use of the Services based on the type of proxy servers. Fair Usage Policy (FUP) is a set of rules that help PROXY-SELLER keep the network stable and fast for all Customers. Most Customers are never affected by it: limits are only triggered by abnormally high load on an individual IP.

The FUP is intended to ensure stable infrastructure operation and to prevent actions that could harm the Services or affect their quality for other Customers. To achieve this, PROXY-SELLER limits the number of concurrent connections (threads).

Threads are counted per IP separately (per-IP): exceeding the limit on one address affects only that address, while the Customer's other IPs keep working without any changes. 

By default, 100 threads per IP and 100 Gb per IP are available. A 429 error means that the allowed limit of concurrent connections to the IP address has been exceeded.

 

4.10 PROXY-SELLER may send messages, requests, advertising, informational or other notices to Customers, including notices about the expiration of the use of PROXY-SELLER’s Services. 

 

4.11 In order to ensure the security of the Website and the use of the Services by Customers, as well as to improve the quality of the provision of such Services, PROXY-SELLER may carry out preventive maintenance, which may entail the suspension of the Website. 

 

4.12 PROXY-SELLER may return the Customer access to its Personal Account in case of hacking, loss, or change of login. 

 

4.13 The Customer acknowledges and agrees that, despite the measures taken by PROXY-SELLER, the Website may be compromised, including by hackers, Internet viruses, malware, system and software viruses, etc. Under such circumstances, PROXY-SELLER may take corrective actions it deems necessary at its sole discretion, and the Customer acknowledges and agrees that PROXY-SELLER shall not be liable to the Customer for any damage that it may suffer due to such corrective actions or compromises. 

 

4.14 PROXY-SELLER may assign its rights and/or obligations under this Agreement and/or transfer ownership of the Website to third parties without the consent of the Customer. 

 

4.15 PROXY-SELLER may, at its sole discretion, require Customer to demand an explanation of the purpose of using a PROXY-SELLER and undergo additional KYC (Know Your Customer) procedures through third-party resources such as, but not limited to, Sumsub.

 

4.16 PROXY-SELLER has the right to refuse or cancel access to the Services, at its sole discretion.

 

4.17 PROXY-SELLER can provide the Customer with the Services only of the proxy type and quantity that PROXY-SELLER has available at the moment of the Ordering. If PROXY-SELLER does not have the Services of quantity that were ordered and paid by the Customer, PROXY-SELLER reserves the right to offer, and the Customer is obliged to make one of the following decisions (at their own discretion): 

4.17.1. PROXY-SELLER may order proxy servers necessary for the provision of the Service and make them available to the Customer within the period mutually agreed by the parties;

4.17.2. PROXY-SELLER may change the country of proxy servers completely or in that part that is not available; 

4.17.3. PROXY-SELLER can refund the money fully or partly (for that part of the proxy servers that is not available). 

 

5. USE OF PROXY-SELLER’S SERVICES 

Please do not take actions that may negatively affect the Website and disrupt our operation. 

 

5.1 After the Ordering, the Customer can use PROXY-SELLER’s Services, namely:

5.1.1. obtain sole access and use the Services of the list of proxy servers to which the Customer has access for the period specified in the Order Form. 

 

5.2 The Customer shall use the Services responsibly, following the rules, obligations and restrictions for their use written in the Acceptable Use Policy published on https://proxy-seller.com.

5.3 The Customer is obliged:

5.3.1. to be responsible for Users’ compliance with this Agreement and terms of Order Forms;

5.3.2. to comply with all applicable laws and any other contractual terms governing the use of PROXY-SELLER’s Services (and/or any related activities or transactions), including specific legal rules applicable to the Customer; 

5.3.3. not to take actions that may be considered as a violation of applicable law or international law, as well as any actions that lead or may lead to a disruption of the proper functioning of the Website; 

5.3.4. to be personally liable for the use of the Services;

5.3.5. to be responsible for the accuracy, quality and legality of the Customer’s personal data provided by Users;

5.3.6. to make payments in a timely manner and in accordance with the terms of this Agreement and the applicable Order Form;

5.3.7. to use commercially reasonable efforts to prevent unauthorized access to or use of the Services by third parties and notify PROXY-SELLER promptly of any such unauthorized access or use;

5.3.8. to use the Services only in accordance with this Agreement, Order Forms and applicable laws and governmental regulations;

5.3.9. not to take actions that could harm PROXY-SELLER or other Customers, namely: 

1. modify, create derivative products, adapt, process, imitate, transfer to other resources, translate, compile, decompile, disassemble the Website (or any part thereof), any content offered by PROXY-SELLER; 

2. use robots, web spiders or other automated devices, applications, scripts, algorithms, methodologies or similar processes to access, purchase, modify PROXY-SELLER or in any way reproduce or circumvent PROXY-SELLER’s navigation structure to obtain or attempt to obtain any materials, documents, services or information in ways not permitted to the Customer for general access; 

3. impersonate any other person or entity; 

4. use PROXY-SELLER and/or the Website to distribute spam, junk mail, fraudulent messages, phishing, chain letters, pyramid schemes, or otherwise engage in unethical marketing or promotional activities; 

5. upload to the Website system and software viruses, actual or potentially harmful spyware or hacking programs, destructive or aggressive codes or components, other computer codes, files or applications designed to, or which otherwise could, intercept or destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment, as well as use PROXY-SELLER to design, distribute and/or otherwise transmit or reproduce any of the foregoing; 

6. access PROXY-SELLER, accounts of other Customers using any means or technologies (for example, web scraping and automatic collection of information), except through the public interface of PROXY-SELLER in a lawful way; 

7. use PROXY-SELLER for benchmarking or similar competitive analysis purposes, or to create a competitive website. 

 

Any person who is not a Customer under this Agreement, and who uses the Services and/or the Website, undertakes to follow the procedure for use of PROXY-SELLER’s Services to the same extent as the Customer. 

 

5.4 Usage Restrictions. The Customer shall not:

5.4.1. make any Service available to anyone other than Users, or use any Service for the benefit of anyone other than the Customer, unless expressly stated otherwise in the Order Form or specifically agreed between the Customer and PROXY-SELLER;

5.4.2. sell, resell, license, sublicense, distribute, make available, rent or lease any Service, without PROXY-SELLER’s prior written consent;

5.4.3. use the Services to store or transmit material that infringes a copyright and/or other intellectual property rights, defamatory or otherwise illegal or harmful material, or to store or transmit material that violates the privacy rights of third parties; 

5.4.4. use the Services to store or transmit malicious code;

5.4.5. interfere with or disrupt the integrity or operation of the Services or third-party data contained therein, take action to expose the vulnerability of the Website or aimed at hacking the Website; 

5.4.6. attempt to gain unauthorized access to any Service or its related systems or networks;

5.4.7. permit direct or indirect access to or use of any Services in a way that circumvents contractual usage restrictions, or use any Services to access or use any of PROXY-SELLER’s intellectual property except as permitted under this Agreement, the Order Form;

5.4.8. modify, copy, or create derivative works based on the Service and/or the Website or any part, feature, function or user interface thereof, without PROXY-SELLER’s prior written consent;

5.4.9. frame or mirror any part of the Website and/or any Service, other than framing on the Customer’s own intranets or otherwise for its own internal business purposes, without PROXY-SELLER’s prior written consent;

5.4.10. disassemble, remodel, or decompile the Service or access it to:

1. build a competitive product or service;
2. build a product or service using similar ideas, features, functions, or graphics of the Service and/or the Website;
3. copy any ideas, features, functions, or graphics of the Service and/or the Website; or 
4. determine whether the Services are within the scope of any patent;

5.4.11. register fictitious Personal Accounts to receive payments under the referral program;

5.4.12 use the Services to:

1. download materials via torrent clients (uTorrent, BitLord, etc.);

2. distribute intellectual property of others without the knowledge of the copyright holder (video and audio files, software, games, etc.);

3. review, download or distribute pornographic content;

4. create phishing sites;

5. make brute-forcing attacks;

6. create artificial user activity on the Website by creating multiple User accounts, using bots, automatic devices, applications, scripts, algorithms, methodologies or similar processes;

7. commit any fraudulent, unethical actions related to manipulation of advertising companies, unfair and fraud use of advertising networks, including, but not limited to: advertising fraud; abusive use of the advertising networks; fraud related to clicks` falsification, artificial click manipulation, creation of multiple simultaneous clicks; and/or commit other similar fraudulent actions related to clicks on the Website and advertising that violate or can violate the terms of this Agreement and may harm PROXY-SELLER, the Website, other Users, as well as any individual not associated with PROXY-SELLER and/or the Website.

8. commit Internet fraud and other illegal activities. 

 

6. REGISTRATION, SECURITY, AND ACCESS TO THE PERSONAL ACCOUNT

You are solely responsible for your Personal Account. Make sure that the information about you is correct and you keep your Personal Account safe.

 

We reserve the right to suspend or terminate the Customer’s Personal Account. Please write to support@proxy-seller.com if you think that the suspension or termination of access occurred erroneously. 

 

6.1 After completing all the necessary actions for the Ordering, the Customer receives a login and password to access the Personal Account. The Customer’s login and password are sent to the e-mail specified by the Customer in the Order Form. 

 

6.2 Prior to placing the Ordering, a potential Customer can complete the registration form on the Website and create a Personal Account.

 

6.3 Any individual or legal entity that can be a Customer or User in accordance with this Agreement can create a Personal Account. 

 

6.4 In order to create a Personal Account, the Customer must go through the registration process: create a unique login and password, provide an e-mail address. 

 

6.5 While registering a Personal Account and using PROXY-SELLER’s Services, it is necessary to provide information. It is recommended to provide valid contact details as PROXY-SELLER may use them to communicate with the Customer. 

 

6.6 A Personal Account can be created only once. If the Customer uses two or more types of Services, it continues to use the same Personal Account. Relevant information is entered into the Personal Account for all types of the Services that the Customer uses.  

 

6.7 PROXY-SELLER does not recommend posting or storing personal or confidential information in the Personal Account/on the Website and does not bear any responsibility in case of compromise, loss, or damage to any such information. 

 

6.8 PROXY-SELLER may change, suspend, terminate access to the Customer’s Personal Account or access to the Website: 

6.8.1. if the Customer violates the applicable law or international law; 

6.8.2. if PROXY-SELLER, at its own discretion, determines that the Customer has violated this Agreement; 

6.8.3. when the use of the Services expires;

6.8.4. under other circumstances, if PROXY-SELLER deems it necessary. 

 

7. FEES AND PAYMENT

PROXY-SELLER provides paid Services. Prices for the Services are determined in accordance with the tariffs available on the Website. 

 

7.1 PROXY-SELLER’s Services are paid in advance. 

 

7.2 The Customer shall pay all fees specified in Order Form(s). Except as otherwise specified herein or in the Order Form,

7.2.1. fees are based on the Services purchased and not actual usage;

7.2.2. payment obligations are non-cancelable and fees paid are non-refundable after 72 hours (with the exception of cases specified in Return Policy) from the Ordering;

7.2.3. quantities purchased cannot be decreased after payment. 

 

7.3 Prices for the Services are indicated in USD, as well as in other currencies (conversion on the Website occurs automatically at the current rate). 

 

7.4 Payments are made by the Customer through the online banking or payment systems provided for in the Order Form. In some cases, by prior arrangement, PROXY-SELLER may issue an invoice to the Customer. Alternatively, the Customer may use funds available in his Personal Balance.

 

7.5 The Customer may refill his Personal Balance in advance through the online banking or payment systems provided for in the Personal Account. The funds in the Personal Balance are available for payments for the Services. The Customer may request a refund of funds available in his Personal Balance. To refund these funds to the Customer PROXY-SELLER shall use only those bank details the Personal Balance was refilled from. The funds earned as referral fees may be withdrawn to any bank account at the discretion of the Customer. 

 

7.6 The Customer bears all costs for any transfers of funds, including the services of a banking institution and a financial agent.

 

7.7 The Customer is solely responsible for the correctness of payments made by it. 

 

7.8 The Customer is responsible for providing PROXY-SELLER with complete and accurate information about the Customer’s payment details, as well as for notifying PROXY-SELLER of any changes in such information. If the Customer’s payment details change, the Customer is solely responsible for payments made using outdated details. 

 

7.9 Prices for the PROXY-SELLER’s Services may be reviewed and changed by PROXY-SELLER at its sole discretion unilaterally. New tariffs for the Services take effect from the moment they become available on the Website. 

 

7.10 PROXY-SELLER reserves the right to refund paid fees at its sole discretion in case of the Customer’s technical inability to use the Services. 

 

8. PROPRIETARY RIGHTS AND LICENSES

We are the sole owner of the Website and all of its components. 

 

8.1 Reservation of Rights. Subject to the limited rights expressly granted hereunder, PROXY-SELLER reserves all the rights, titles and interests in and to the Services, including all of their related intellectual property rights. No rights are granted to the Customer hereunder other than as expressly set forth herein.

 

8.2 License by Customer to Use Feedback. The Customer grants to PROXY-SELLER a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into its services any suggestion, enhancement request, recommendation, correction or other feedback provided by the Customer or Users relating to the operation of PROXY-SELLERS’s Services and/or PROXY-SELLER. 

 

8.1 License by Customer to Use Name, Commercial Name, Trademarks, and Logos. The Customer grants to PROXY-SELLER a worldwide, perpetual, irrevocable, royalty-free license to place its name, commercial name, trademarks, and logos on the Website.

 

9. RESPONSIBILITY

You are responsible for your actions, as well as for the settlement of issues relating to claims of third parties against you. We are not responsible for your obligations to third parties. 

 

9.1 PROXY-SELLER is not responsible for the Customer’s actions committed as a result of using PROXY-SELLER’s Services, including the Customer’s use of the Services in violation of applicable law or international law, violation by the Customer of its obligations to third parties, etc. 

 

9.2 PROXY-SELLER is not responsible and cannot provide any guarantees for the inconsistency of information about the geolocation of IP addresses, identified by the Customer while checking such information on other websites. Such inconsistencies may be explained by outdated databases and other reasons beyond the control of PROXY-SELLER. 

 

9.3 PROXY-SELLER is not responsible for the information published by the Customer using the Website.

 

9.4 The Customer agrees to release PROXY-SELLER’s Website and other third-party partners from claims based on negligence on the part of other Customers and third parties. 

 

9.5 PROXY-SELLER is not responsible for the behaviour of any other Customers or third parties, as well as for the accuracy, reliability and relevance of the information they provide. PROXY-SELLER is not responsible for any claims, damages or losses related to the use of the Website by the Customer. 

 

9.6 PROXY-SELLER is not responsible for the enforcement of this Agreement by the Customer in relation to third parties. Although PROXY-SELLER encourages the Customer to report if the Customer believes that another Customer or a third party has violated this Agreement. PROXY-SELLER reserves the right to investigate and take appropriate actions at its sole discretion.  

 

10. CONFIDENTIALITY

This Agreement and the Privacy Policy governs the handling of Confidential Information.

10.1 Definition of Confidential Information. “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. 

 

10.1.1. Confidential Information of the Customer includes the Customer’s data. 

10.1.2. Confidential Information of PROXY-SELLER includes the Services and the terms and conditions of all Order Forms (including pricing). 

10.1.3. Confidential Information of each party includes business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party and the content of communications between the parties. 

 

However, Confidential Information does not include any information that: 

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

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

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

10.1.7. was independently developed by the Receiving Party. 

 

For the avoidance of doubt, the non-disclosure obligations set forth in this “Confidentiality” section apply to Confidential Information exchanged between the parties in connection with the evaluation of additional PROXY-SELLER’s Services. 

 

10.2 Protection of Confidential Information. As between the parties, each party retains all ownership rights in and to its Confidential Information. The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) to:

10.2.1 not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement; 

10.2.2 except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of Confidential Information than those herein. 

 

Neither party will disclose the terms of any Order Form to any third party, legal counsel and accountants without the other party’s prior written consent, provided that a party that makes any such disclosure to its legal counsel or accountants will remain responsible for such legal counsel’s or accountant’s compliance with this “Confidentiality” section. 

 

Notwithstanding the foregoing, PROXY-SELLER may disclose the terms of any applicable Order Form to a subcontractor to the extent necessary to perform PROXY-SELLER’s obligations under this Agreement, under terms of confidentiality materially as protective as set forth herein. 

 

10.3 Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to that Confidential Information. 

 

11. REPRESENTATIONS AND DISCLAIMERS 

 

11.1 Representations. Each party represents that it has validly entered into this Agreement and has the legal power to do so. 

 

11.2 Disclaimers. Any Service is provided “as is”, and as available exclusive of any warranty whatsoever. Except as expressly provided herein, neither party makes any warranty of any kind, whether express, implied, statutory or otherwise, and each party specifically disclaims all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement, to the maximum extent permitted by applicable law. 

 

12. LIMITATION OF LIABILITY 

 

12.1 Limitation of Liability. In no event shall the aggregate liability of each party arising out of or related to this Agreement exceed the total amount paid by the Customer hereunder for the Services giving rise to the liability. 

 

12.2 PROXY-SELLER shall by no means be held liable for: 

12.2.1. any problem, fault or error that occurs due to use of the Service in a way that does not comply with the instructions, procedures or other specifications given by PROXY-SELLER or due to breach by the Customer of any of its obligations under the Agreement,

12.2.2. problems occurring due to further use of the Service in conjunction with software or hardware that is incompatible with the Customer’s operating system for which the Service has been provided, 

12.2.3. any loss or corruption or damage of software or data, whatever the cause and origin, if this loss or corruption or damage could have been avoided and corrected if the Customer had put in place a regular backup system, 

12.2.4. change or design defect in the Customer’s website used in conjunction with the Service, 

12.2.5. introduction of a computer virus affecting the correct operation of PROXY-SELLER’s Website, 

12.2.6. the intrusion of a third party into the computer system affecting the correct operation of PROXY-SELLER’s Website, 

12.2.7.  a change in the host or hosting system, 

12.2.8.  a network failure making PROXY-SELLER’s website inaccessible, 

12.2.9. an incident concerning the Customer’s technical infrastructure. In any case, in the context of this Agreement, PROXY-SELLER’s financial liability will be limited to one hundred per cent (100%) of the payment paid by the Customer for the Service during the twelve months preceding the occurrence of the event that has generated the damage or loss, it is specified that if one or more events generated the same damage or loss, all these events would then be considered as one single event. 

 

13. TERM AND TERMINATION

We may delete your Personal Account if you request it, if you violate this Agreement, the law, or the rights of third parties, if you cease to be the Customer. 

 

13.1 Term of the Agreement. This Agreement becomes effective when the Customer accepts this Agreement and is valid until the term for the provision of all Services under this Agreement expires or until the Services are terminated. 

 

13.2 Services Provision Term. The term for the provision of each Service is indicated in the relevant Order Form and is also displayed in the Customer’s Personal Account. Upon the expiration of the term for the provision of the Services, the Customer receives a notification from PROXY-SELLER. At any time prior to the end of the term for the provision of the Services, the Customer can choose the type and amount of the Services that it prefers to renew. The Services can be renewed through the Personal Account by creating a new order. The renewal of the Services will be according to PROXY-SELLER’s applicable list price in effect at the moment of the applicable renewal.

 

13.3 Termination. If the Customer violates the terms of this Agreement, PROXY-SELLER may terminate this Agreement unilaterally and terminate the provision of PROXY-SELLER’s Services. 

 

13.4 Surviving Provisions. The sections and subsections titled “General Information”, “Definitions”,   “Fees and Payment”, “Proprietary Rights and Licenses”, “Confidentiality”, “Responsibility”, “Disclaimers”, “Limitation of Liability”, “Term and Termination”, “Disputes and Disagreements Resolution” and “Surviving Provisions” will survive in case of any termination or expiration of this Agreement, and the parties’ obligations under section titled “Confidentiality” will survive in case of any termination or expiration of this Agreement for so long as parties retain possession of data of the other party.

14. DISPUTES AND DISAGREEMENTS RESOLUTION

If we have disputes or disagreements with you, we prefer to resolve them through negotiations. If it is not possible to resolve it peacefully, we will refer the disputes to the court at the location of SSV IT PROVIDER ONLINE SERVICES LTD. 

 

14.1 All disputes or disagreements between the parties regarding the execution of the Agreement shall be resolved through negotiations.

 

14.2 If the Parties do not reach an agreement within 30 (thirty) days, the dispute may be referred to the court at the location of SSV IT PROVIDER ONLINE SERVICES LTD. 

 

14.3 The rights and remedies provided for in this Agreement, any claims and disputes related to it and/or PROXY-SELLER, its interpretation or violation, termination or validity, relations arising out of or pursuant to the Agreement or related transactions or purchases, are regulated, interpreted and performed in accordance with the laws of Cyprus.

 

15. OTHER PROVISIONS

Check out our other provisions to make sure you don't miss anything. If you have any questions, write to our support team, we will be happy to answer. 

 

15.1 Entire Agreement and Order of Precedence. This Agreement is the entire agreement between PROXY-SELLER and the Customer regarding the Customer’s use of the Services and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. In the event of any conflict or inconsistency among the following documents, the order of precedence shall be: 

1. the applicable Order Form, 
2. this Agreement. 

Titles and headings of sections of this Agreement are for convenience only and shall not affect the construction of any provision of this Agreement. 

 

15.2 The Agreement may be amended or supplemented by PROXY-SELLER at any time without notifying the Customer. The new version of the Agreement comes into force from the moment it becomes available on the Website. 

 

15.3 If the Customer continues to use the Website and the Services after such amendments and/or supplements to the Agreement, the Customer automatically accepts them and agrees with such amendments and/or supplements.

 

15.4 Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. Each party will be solely responsible for payment of all compensation owed to its employees, as well as all employment-related taxes.

 

15.5 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of this Agreement will remain in effect. 

 

15.6 Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld); provided, however, either party may assign this Agreement in its entirety (including all Order Forms), without the other party’s consent to in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Notwithstanding the foregoing, if the Customer is acquired by, sells substantially all of its assets to, or undergoes a change of control in favour of, a direct competitor of the other party, then such other party may terminate this Agreement upon written notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns. 

 

15.7 This Agreement is made in English and it is governed, construed, and interpreted in accordance with the laws of Cyprus.

 

15.8 If you have any questions about our Website or your interaction with this Website, please contact us. We look forward to a successful cooperation! 

 

15.9 Our details:

SSV IT PROVIDER ONLINE SERVICES LTD

E-mail: support@proxy-seller.com

Registered address: Agias Faneromenis, 143-145 PATSIAS COURT,

Flat/Office 201, Larnaca, Cyprus, 6031