Terms & Conditions

1. SCOPE OF APPLICATION

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) govern the contractual relationship between PROXY.father, represented by Niels van Veen, IT- und Telekommunikation, Georgstraße 48, 30159 Hanover, Germany (hereinafter referred to as “PROXY.father”), and its contractual partners in the form of end customers (hereinafter referred to as “Users”). These GTC shall apply in their current version at the time of the conclusion of the contract. Separate Terms and Conditions apply for resellers (“Resellers”), which can be accessed at https://proxyfather.com/terms-and-conditions-for-resellers.

Definitions:

  • User: Any individual or entity that uses the services offered by PROXY.father.
  • Reseller: Authorized partners who sell or distribute the services of PROXY.father to end customers.
  • Service: The mobile proxy servers provided by PROXY.father, allowing users to connect to the Internet through these servers for various applications.

1.2 These GTC incorporate references to other legal documents, including but not limited to the Privacy Policy, which is available at https://proxyfather.com/privacy-policy. By using our services, Users agree to comply with these GTC and any other related policies. These GTC shall come into effect on October 10, 2024.

1.3 If the User has obtained services offered by PROXY.father through an authorized reseller, the provisions of these GTC shall apply between PROXY.father 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.

1.4 PROXY.father reserves the right to change these GTC, even for ongoing contractual relationships, if this becomes necessary due to changes in the legal situation, court rulings, or market conditions. In such cases, Users will be informed about the planned changes by e-mail. The GTC will be attached to the e-mail, highlighting the planned changes. Users have the option to object to the planned changes within 14 days of receipt of the e-mail. If Users do not exercise the right to object within this period, the changes shall be deemed to have been tacitly accepted. This legal consequence will be expressly pointed out to Users in the corresponding e-mail. If Users object to the changes, PROXY.father shall be entitled to terminate the contract prematurely for cause.

1.5 Deviating GTC of the User shall not apply to the concluded contracts, even if PROXY.father has not expressly objected to them.

1.6 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.

1.7 These GTC apply in their current version at the time of the conclusion of the contract. For questions about these GTC or our service, Users can reach us at support@proxyfather.com.

1.8 Users are responsible for complying with the legal regulations in their country.

2. SUBJECT OF THE CONTRACT

2.1. PROXY.father 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.father (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.proxyfather.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.proxyfather.com.

2.4. PROXY.father assumes no responsibility for the quality, availability, or legality of the services provided. Users are advised to comply with all applicable laws when using the services. PROXY.father is not liable for any disputes or issues arising from the use of these services.

2.5. PROXY.father reserves the right to change, expand, limit, or discontinue the services at any time. PROXY.father will inform users in a timely manner about significant changes.

2.6. Users are obliged to comply with all applicable laws when using the services and must not violate the rights of third parties. In particular, users are prohibited from using the services for illegal activities or distributing content that violates legal regulations or good morals.

3. CONCLUSION OF CONTRACT

3.1. If the user obtains access to the service via an authorized reseller, the contract between PROXY.father 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.father’s services on the website merely constitutes a non-binding invitation to visitors to submit an offer to PROXY.father to conclude a contract. The submission of the order on the website by clicking the button “order with obligation to pay” constitutes a binding offer to conclude a purchase contract on the part of the visitor.

3.3. PROXY.father 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.father also provides the user with all information essential for the contract.

3.4. PROXY.father stores the contract text, including these General Terms and Conditions and all essential contract information, after the conclusion of the contract. This information will be made available to users in the order confirmation.

3.5. The conclusion of the contract is in English.

3.6. PROXY.father stores the communication between users and the company for a period of 70 days. This storage is solely for the purpose of improving service quality and resolving any disputes. The data will be automatically deleted after this period unless there are legal retention obligations.

3.7. Users are obliged to provide complete and correct information when placing the order. This obligation also applies during the registration process. PROXY.father reserves the right to reject orders if there are reasonable doubts about the correctness or legality of the information provided.

4. USER ACCOUNT REGISTRATION

4.1. The user has the option to create a user account by clicking on the “register” button. Registration is voluntary and simplifies future orders. However, the order is also possible without registration (“guest order”).

4.2. Registration is free of charge. There is no entitlement to registration. PROXY.father 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.father so that the user can log in again at any time with his access data. PROXY.father processes the personal data in accordance with the applicable data protection regulations, particularly the General Data Protection Regulation (GDPR). Further information on data processing can be found in PROXY.father’s privacy policy.

4.4. Users are obliged to keep their access data, including the password, secret and ensure that they are not accessible to unauthorized third parties. This includes, in particular, choosing a secure password (at least eight characters, consisting of uppercase and lowercase letters, numbers, and special characters). It is the user’s responsibility to ensure that the platform is only used by authorized persons through their user account.

4.5. Users are obliged to inform PROXY.father immediately about any unauthorized use of their user account or other security breaches. PROXY.father is not liable for damages resulting from unauthorized use of the user account, unless these are due to the fault of PROXY.father.

4.6. Users have the option to delete their user account at any time. Upon deletion of the user account, all personal data that do not have to be stored due to legal retention obligations will be deleted.

4.7. By subscribing to our newsletter, you agree to receive regular information about our products and services via email. You can unsubscribe from the newsletter at any time by using the corresponding link in the email or by contacting us.

4.8. If you are already a customer and have provided your email address in connection with a purchase, we use this to send you information about similar products or services. You can object to the use of your email address at any time by using the corresponding link in the email or by contacting us.

4.9. We reserve the right to send you system-relevant emails that contain important information about the use of our platform or changes to the terms and conditions. These emails may include reminders when your plan is about to expire, satisfaction surveys, offers for assistance, or similar. These emails are necessary for the provision of our service and cannot be unsubscribed from.

5. ORDERING PROCESS

5.1. Users can select and order the desired services by adding them to the shopping cart by clicking the appropriate button. To complete the order, users must access the shopping cart to continue with the ordering process. In the shopping cart, users can change the quantity of services or remove selected services at any time.

5.2. To complete the order, users can either select the shopping cart to be guided through the further order process or proceed directly to payment after selecting a service. In the shopping cart, users can adjust the desired quantity of services or remove selected services.

5.3. When services are in the shopping cart, users can review their selection and make adjustments as needed. By clicking the “Proceed to Checkout” button, users will be directed to a page where they can enter their data and choose the payment method. Users can correct any input errors by selecting the appropriate field. To cancel the ordering process, users can close the browser window or leave the website. By finalizing the purchase, users agree to the General Terms and Conditions.

5.4. After entering all necessary order and address data, users can complete the order by clicking the “order with obligation to pay” button. Depending on the payment method selected, users are either redirected to the payment service provider’s gateway or a popup window opens for providers like PayPal. Credit card payments are entered directly on the checkout page. Until this point, users can correct their entries or refrain from submitting the contract declaration.

5.5. After completing the order process and successful payment, users will receive an order confirmation by email, containing all essential information about the order, including the GTC. The contract is concluded upon receipt of this order confirmation.

5.6. The services will be made available to users immediately after successful payment, unless otherwise agreed. If the services require manual processing by the team, they will be made available within 24 hours. With the provision of the services, the fulfillment of the contract begins.

5.7. Users must ensure that the data they provide is correct and that they have access to the specified email address in order to receive the order confirmation and further information about the contract.

5.8. PROXY.father reserves the right to reject orders, particularly in case of suspicion of abusive use of the platform or incomplete or incorrect information provided by users.

6. SERVICE LEVEL, MAINTENANCE

6.1. PROXY.father endeavors to provide its users with a service that is as uninterrupted as possible. PROXY.father 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.father 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.father’s 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.father 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.father 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.father. The partial reimbursement shall be based on the severity of the shortfall of the guaranteed availability as follows:

  • Availability in monthly average:
  • 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.father on Sundays.

6.5. The user has the obligation to notify PROXY.father of any impairment of availability. PROXY.father 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. SUPPORT

7.1. In case of problems or questions regarding the platform, users can contact the support of PROXY.father. Support is available via email at support@proxyfather.com and through the messaging service Telegram.

7.2. PROXY.father strives to process support requests as quickly as possible. However, users have no entitlement to a response within a specific time frame.

7.3. Users are required to provide accurate and complete information about their issue when making a support request to enable prompt processing.

7.4. PROXY.father reserves the right to reject support requests if they are inappropriate or hinder the normal operation of support.

7.5. PROXY.father assumes no responsibility for any losses or damages that users may incur due to delays or failure to receive support services, unless these are attributable to the fault of PROXY.father.

8. OBLIGATIONS AND RIGHTS OF USERS

8.1. Users agree not to misuse the service provided by PROXY.father, including the proxies bought from PROXY.father. In particular, they commit to refraining from any actions related to the use of the service that violate applicable law, infringe on the rights of third parties, or contravene the principles of youth protection. Users explicitly assure that they will not commit any crimes through the use or support of the service.

8.2. Users may not use any programs, algorithms, or other software in connection with the use of the service that could impair its functionality. They must not take any measures that could lead to an unreasonable or excessive load on the service’s infrastructure or disrupt it. The sending of automated mass messages or mass emails to other users or customers is also prohibited.

8.3. Users commit to providing PROXY.father with truthful information. Should the provided data change during the contract period, users must inform PROXY.father immediately or, if a user account exists, promptly update the data stored in their user account.

8.4. Users are responsible for all activities conducted through their user account and agree to inform PROXY.father immediately of any unauthorized use of their account or other security breaches.

8.5. Users commit to not using the services of PROXY.father for any illegal activities, including but not limited to hacking, spamming, fraud, or accessing prohibited content. They are responsible for ensuring that their use of the service complies with all applicable laws and regulations and must not engage in any activities that could harm or disrupt the service, its users, or any third parties. PROXY.father reserves the right to suspend or terminate user accounts if a violation of these conditions is detected.

9. FREE TRIAL PERIOD

9.1. Users have the option to use the service once free of charge for a period of 10 minutes from activation. The service offers the same scope of functions during the trial period. To utilize the free trial period, the user must request it via Telegram, email, or other contact options provided by PROXY.father.

9.2. Each user may utilize the free trial period only once. It is expressly prohibited to use the trial period more than once.

9.3. There is no legal entitlement to the use of the trial period. PROXY.father reserves the right to exclude users from the trial period at any time without justification or to discontinue the possibility of trial use altogether.

10. USAGE FEES, 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 immediately after PROXY.father has received or credited the usage fee for the selected usage period. However, in exceptional cases, activation may take up to 24 hours after receipt of the usage fee by PROXY.father.

10.3. At the end of the selected usage period, the user’s usage option is automatically withdrawn. 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.father or credited to PROXY.father prior to the expiry of the previous usage period, the user may continue to use the service without interruption. PROXY.father will notify the user of the expiration of the current usage period by e-mail or Telegram 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 listed on the website are in US Dollars ($) and include statutory VAT. The prices displayed on the website at the time of the order apply.

11.2. Users can choose from the following payment methods:

– Cryptocurrencies (e.g., Bitcoin, Ethereum, USDT)
– Credit cards (VISA, Mastercard)
– PayPal

11.3. Payment is made directly after the order is placed. The payment process is handled by the selected payment service provider. Users are responsible for ensuring sufficient funds or availability of payment means.

11.4. Users are responsible for the accuracy and timeliness of their payment information. PROXY.father is not liable for delays or complications caused by incorrect or incomplete payment information.

11.5. In the case of unsuccessful payment, PROXY.father reserves the right to not activate the affected services or to suspend existing services until the payment is successfully completed.

11.6. In the event of a valid refund, amounts paid using cryptocurrencies will be refunded exclusively in USDT (BEP-20 or SPL), regardless of the cryptocurrency used. Refunds for payments made via PayPal or credit card will be processed through the respective payment service provider used by the User. Refunds are normally processed within 24 hours on business days; however, requests made on weekends may take until the next business day.

12. CONTRACT PERIOD, TERMINATIONS

12.1. The contract period is determined by the usage period selected by the user on the website and ranges between 1 and 365 calendar days. If the user has purchased access to the service through an authorized reseller, the contract period will be based on the usage quota purchased by the reseller. Ordinary termination during the contract term is excluded.

12.2. The right to extraordinary termination for good cause remains unaffected. A good cause that entitles PROXY.father to extraordinary termination exists, in particular, if the user repeatedly violates any obligation arising from these GTC, specifically violations related to illegal activities or breaches of obligations as outlined in Section 8 of these GTC.

12.3. In the event of extraordinary termination by PROXY.father, the user is obliged to cease using the service immediately. PROXY.father reserves the right to block the user’s account and delete all stored data, provided there are no legal retention obligations.

12.4. Termination must be in text form (e.g., email) and becomes effective upon receipt by the recipient.

12.5. Upon expiration of the contract period, the user will no longer have access to the service. Any fees paid in advance will not be refunded unless there is a specific agreement or legal claim.

13. DISCLAIMER / LIMITATION OF LIABILITY

13.1. PROXY.father shall be liable without limitation for intent and gross negligence. For simple negligence, PROXY.father shall only be liable for damages arising from injury to life, body, or health, as well as for damages resulting from the breach of an essential contractual obligation (obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely).

13.1.3. This also applies to the violation of provisions of the General Data Protection Regulation (GDPR).

13.2. In the event of a simple negligent breach of essential contractual obligations, the liability of PROXY.father is limited to the amount of the foreseeable, typically occurring damage.

13.3. Otherwise, the liability of PROXY.father is excluded.

13.4. The above limitations of liability shall also apply in favor of the legal representatives and vicarious agents of PROXY.father.

13.5. PROXY.father shall not be liable for lost profits, indirect damages, consequential damages, or claims by third parties.

13.6. The aforementioned limitations of liability also apply in favor of the legal representatives and agents of PROXY.father.

13.7. The limitations of liability do not apply insofar as PROXY.father has fraudulently concealed a defect or has assumed a guarantee. The same applies to claims by users under the Product Liability Act (ProdHaftG).

14. DATA PROTECTION AND UNENCRYPTED COMMUNICATION

14.1. PROXY.father will process the User’s personal data in accordance with the statutory provisions on data protection – in particular the General Data Protection Regulation (GDPR). Further information on data protection can be found in our privacy policy on the website.

14.2. Communication between PROXY.father and the user is preferably carried out digitally via unencrypted communication channels (e.g., regular emails), which offer less confidentiality and security than encrypted communication channels. Users are aware of this and agree to it.

14.3. Users have the right to request information about the personal data stored by PROXY.father at any time, as well as to request the correction, deletion, or blocking of this data, provided there are no legal retention obligations. Requests can be directed to support@proxyfather.com.

14.4. If users contact us via Telegram, they may communicate with our chatbot based on ChatGPT. Users are aware of this and agree to it.

15. RIGHT OF WITHDRAWAL FOR DIGITAL SERVICES

15.1. Consumers generally have the right to withdraw from this contract within fourteen days without giving any reason.

15.2. However, the right of withdrawal expires prematurely if PROXY.father has fully performed the service and has begun to perform the service only after the consumer has given their express consent and at the same time has confirmed their knowledge that they lose their right of withdrawal with the beginning of the performance of the service.

15.3. For digital services, such as access to the mobile proxy service, the consumer explicitly agrees by accepting these GTC that PROXY.father begins performing the service immediately after the conclusion of the contract and that the right of withdrawal is thus lost. The consumer will be explicitly informed of this during the order process and must confirm this by clicking a corresponding checkbox.

15.4. To exercise the right of withdrawal, the consumer must inform us (PROXY.father, represented by Niels van Veen, IT- und Telekommunikation, Georgstraße 48, 30159 Hanover, Germany, Email: support@proxyfather.com) by means of a clear statement (e.g., a letter sent by post or email) of their decision to withdraw from this contract.

15.5. To meet the withdrawal deadline, it is sufficient for the consumer to send their communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

15.6. Withdrawal Form

If you wish to withdraw from the contract, please complete this form and return it to us.

To:
PROXY.father
Represented by: Niels van Veen
IT- und Telekommunikation
Georgstraße 48
30159 Hanover
Germany
Email: support@proxyfather.com

I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()

Ordered on ()/received on ()

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only for notification on paper)

Date

(*) Delete as appropriate.

16. DISPUTE RESOLUTION

16.1. In the event of disputes related to the use of the platform or these GTC, users can initially contact customer support. PROXY.father will strive to find an amicable solution.

16.2. PROXY.father is not obligated and not willing to participate in a dispute resolution procedure before a consumer arbitration board.

17. FINAL PROVISIONS

17.1. The contractual relationship between PROXY.father and the user is governed exclusively by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

17.2. Should any provision of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions. In place of the invalid or unenforceable provision, the valid and enforceable provision that most closely reflects the economic purpose of the invalid or unenforceable provision shall be deemed agreed. The same applies to any gaps in the provisions.

17.3. If the user is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from and in connection with contracts concluded under these GTC shall be the registered office of PROXY.father.

17.4. Amendments and supplements to these GTC must be in written form. This also applies to the waiver of this written form requirement.

18.1. PROXY.father reiterates that its services are strictly for lawful purposes. Any form of misuse, including but not limited to illegal activities or fraud, is prohibited and will result in immediate termination of services without refund.

18.2. In cases of suspected illegal use, PROXY.father will cooperate fully with relevant authorities, including providing all necessary data upon request.

18.3. We encourage both users and organizations to report any suspicious behavior or misuse of our services directly to support@proxyfather.com. Your assistance is essential to maintaining a safe and compliant service.

18.4. The following websites are explicitly blocked to maintain compliance and prevent misuse:

  • paypal.de
  • kleinanzeigen.de
  • lieferando.de

18.5. These measures form a critical part of our commitment to legal and ethical operations.

18. CONTACT INFORMATION

18.1. For questions regarding these GTC or our service, you can reach us at the following contact details:

PROXY.father
Represented by: Niels van Veen
IT- und Telekommunikation
Georgstraße 48
30159 Hanover
Germany
Email: support@proxyfather.com