PUBLIC OFFER (Offer)
KeyProxy (hereinafter referred to as the "Contractor") offers an unlimited number of individuals and legal entities (hereinafter referred to as the "Customer") to conclude a public offer agreement for the provision of services (hereinafter referred to as the "Agreement").
1. Definitions of terms and general provisions.
1.1. Service - a set of services of the Contractor in the manner and on the terms specified in this Agreement and by accessing the dynamic IP of mobile operators, according to the tariff plan selected by the Customer on the website https://keyproxy.net/
1.2. Public Offer (hereinafter referred to as the "Offer", "Agreement") is a public offer addressed to an unlimited number of individuals/legal entities to conclude the Agreement on the terms and conditions contained in this Offer.
1.3. In this Agreement, the Contractor's Website is a page on the Internet at the address:
https://keyproxy.net/, which is the official source of informing the Customers about the Contractor and the services provided to them.
1.4. Acceptance is the full, unconditional and unconditional acceptance by the Customer of the terms of this Agreement as set forth in the text of this Offer.
1.5. The Customer is an individual/legal entity that has made the Acceptance of this Offer and paid the cost of the Contractor's services.
1.6. The Parties are the Contractors and the Customer.
1.7. Proxy service is a type of service that provides access to a list of Proxy servers.
1.8. Order - registration of a subscription by the Customer to the Proxu-server.
1.9. Subscription period is a time period during which the Customer can use the Proxy Server.
2. Subject of the Agreement.
2.1. The Contractor undertakes to provide the Customer with services for access to the dynamic IP of mobile operators in accordance with the tariff plan chosen by the Customer on the website https://keyproxy.net/ on a paid basis in accordance with the terms of this Agreement, and the Customer undertakes to accept and pay for such services.
2.2 In accordance with this Agreement, the Contractor shall provide the Proxy Server Service 24 hours a day for the terms and cost specified in the tariff plan chosen by the Customer, and the Customer shall use the Service at its discretion at any time in accordance with the chosen tariff plan.
2.3.The Parties agree that the detailed terms of the Service in accordance with this Offer are specified in the Tariff Package, which is posted on the Contractor's Website.
2.4 The Parties agree that the Contractor does not guarantee any financial or other results of the Customer's use of the Tariff Plan purchased from the Contractor in its activities.
2.5 No claims regarding the effectiveness of the Customer's use of the services obtained as a result of the Contractor's provision of the services may be made against the Contractor. Responsibility for the use of such services, as well as for any results, direct or indirect, obtained as a result of the use of such services, shall be entirely on the Customer.
2.6 By agreeing to the terms of the Agreement, the Customer confirms its legal capacity and legal capacity, including the attainment of 18 years of age, the legal use of a bank payment card, and is aware of the responsibility for the obligations imposed on it as a result of the conclusion of this Agreement.
3. Terms of service.
3.1 The Customer independently selects the Service on the website at: https://keyproxy.net/ in accordance with the tariff plan of the Service and makes payment. Acceptance of this Offer is payment for the selected service in accordance with the tariff plan and means full and unconditional acceptance by the Customer of the terms of this Offer and is equivalent to the Customer's handwritten signature under this Agreement.
3.2 From the moment the funds are credited to the Contractor's account, this Offer is considered accepted. From the moment of acceptance of this Offer, the Customer's unilateral withdrawal from the Agreement is impossible.
3.3 The Service shall be deemed provided from the moment the Contractor performs all actions provided for in the manner and on the terms and conditions specified in this Agreement by accessing the dynamic IP of mobile operators, in accordance with the tariff plan selected by the Customer on the Contractor's website.
4. Rights and obligations of the Contractor:
4.1 The Contractor has the right to:
4.1.1 Independently organize the process of providing services to the Customer, determine all necessary conditions for the provision of services at its own discretion.
4.1.2 Receive from the Customer the information necessary for the provision of services under this Agreement.
4.1.3 Receive timely payment for the services rendered in the amounts and within the terms stipulated by this Agreement and the relevant service in accordance with the tariff plan selected by the Customer on the website https://keyproxy.net/
4.1.4 Cancel, interrupt, postpone payment for any services in accordance with the tariff plans, as well as change their content, schedule, topics, list and other parameters.
4.1.5 Publish any materials and feedback created by the Customer in the process of receiving the service without any restrictions or compensation to the Customer.
4.2 The Contractor undertakes to:
4.2.1 Provide the Customer with the Services in accordance with this Agreement and the relevant Service in accordance with the selected tariff plan on the Contractor's website.
4.2.2 Inform the Customer about the rules and requirements for organizing the provision of services, requirements for their quality and content, and the Customer's rights and obligations in receiving services.
4.2.4 If necessary, provide the Customer with all necessary information for the Customer to receive the Service.
5. Rights and obligations of the Customer.
5.1 The Customer has the right to:
5.1.1 Receive services in accordance with the selected tariff plan and this Agreement. 5.1.2. Receive from the Contractor all the necessary information to receive the Service. Contact the Contractor on issues related to the provision of services.
5.1.3 To familiarize yourself with the terms of the Service tariff plan at any time on the Contractor's Website.
5.2 The Customer undertakes:
5.2.1 Provide accurate, complete and precise information about yourself when filling out an application for the provision of the Services and/or registering on the Website. If the information in the application is inaccurate, the Contractor shall not be liable for the inability to establish communication with the Customer and provide services under this Agreement.
5.2.2 Pay for the services in the amounts and within the terms set forth in this Agreement and the selected tariff plan.
5.2.3 Refrain in the process and within the terms of using the Service from actions that: violate the requirements of applicable law, offend other users of the Service, including, but not limited to, propaganda of hatred, discrimination on racial, ethnic, gender, religious, social grounds; use obscene language and/or loud conversations; create noise with the help of various devices that may interfere with other Customers who use the Service and receive information in the process of using it; humiliate the honor, dignity, business reputation of the Contractor, other Customers, including, but not limited to, by posting information on the Internet, in print, mailings or in any other public way. are manifested in the use of audio or video equipment for the purpose of copying the materials of the Service or without it.
5.2.4 Comply with the requirements of applicable law and the requirements of this Agreement related to the provision of services.
5.2.5 Do not violate the intellectual property rights of the contractors. The provision of services does not give the Customer intellectual property rights to the services or materials used.
6. Cost of services and payment procedure.
6.1 The total cost of services provided by the Customer under this Agreement shall consist of the total amount of services paid by the Customer.
6.2 The cost of a particular service shall be determined by the Contractor in accordance with the selected tariff plan of the Customer, which is posted on the Contractor's Website or communicated by the Contractor's manager personally to the Customer.
6.3 The cost of the services provided for in this Agreement shall be paid by the Customer on a 100% prepayment basis by purchasing the relevant Service in accordance with the selected tariff plan on the website https://keyproxy.net/
6.4. The services are considered paid from the moment the funds are credited to the Contractor's account.
6.5 In case of early termination of the Agreement at the initiative of the Contractor, the latter shall not refund the funds paid by the Customer.
6.7. Payment shall be made to the Contractor's account, which is available on the Contractor's Website, according to the service, tariff plan, term and conditions chosen by the Customer by way of prepayment.
7. Liability of the Parties.
7.1 The Contractor's services and all related materials are provided "as is", without any warranties, express or implied. The Service Provider does not provide any warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement of third party rights, as well as warranties arising from business relationships or customs of trade. In addition, the Contractor disclaims any liability related to the Customer's access to the services and related materials, as well as their use. The Customer agrees that they access and use the services and related materials at their own risk.
7.2 The Contractor shall not be liable for indirect, incidental, actual, indirect or direct damages, directly or indirectly lost profits or loss of income, loss of data, performance or other intangible values related to: a) the Customer's access to and use of the services or the inability to access or use them; b) materials or behavior, including defamatory, offensive or illegal, of any third party. In no event shall the amount of aggregate liability for all claims in respect of the services exceed the total amount received from the Customer for the provision of the services.
7.3 The Customer agrees that the disclaimer of warranties and limitations of liability set forth in these terms and conditions reflect a reasonable and fair distribution of risks, and are a necessary condition for the provision of services by the Contractor for an affordable fee.
7.4 The Customer agrees that if the Customer fails to comply with clause 5.2.2 of this Agreement regarding the obligation to make payment on time, the Contractor shall have the right not only to suspend the provision of services until payment is made, but also to terminate this Agreement on the grounds set forth in clause 9.3 of this Agreement.
7.5 All materials/information of the Service (tariff plans) are subject to the exclusive rights of the Contractors. It is not allowed to use the Contractor's materials without the Contractor's consent,
translation or other processing, making available to the public in such a way that any person can access the Service anywhere and at any time of their own choice, except as provided by applicable law and this Agreement. In case of such illegal actions, the Contractor shall have the right to demand termination of such actions that violate the exclusive rights of the Contractor to these services, as well as compensation for damages caused by such use. In accordance with this Agreement, the Customer's use of materials/information regarding the Service is allowed only for the purpose of familiarization with it. Other purposes and forms of use of the materials/information regarding the Service require the Contractor's written consent.
8. Force majeure.
8.1 The Parties shall be released from liability for full or partial failure to fulfill their obligations if such failure is caused by circumstances beyond the control of the Parties, namely: military actions, natural disasters, man-made and other accidents, strikes, lockouts, acts of government or administration, etc., making it impossible to fulfill the terms of this Agreement (hereinafter referred to as force majeure).
8.2 Force majeure shall apply, and the Party to which it has occurred shall be released from liability for violation of the terms of this Agreement, if there is written confirmation of the occurrence of force majeure.
8.3 The Party for which the above circumstances have occurred shall immediately notify the other Party and provide the relevant supporting documents.
8.4 From the moment of receipt of such notice by the other party, the fulfillment of the terms of this Agreement shall be terminated for the entire period of force majeure.
8.5 In the event of force majeure for more than 6 (six) months, each Party has the right to initiate termination of the Agreement.
9. Termination of the Agreement.
This Agreement shall be terminated:
9.1 By agreement of the Parties.
9.2 If it is impossible for a Party to fulfill its obligations due to the adoption of regulations that have changed the conditions established by this Agreement, and either Party does not agree to make the relevant amendments to the Agreement.
9.3 In case of violation by the Customer of the conditions provided for in clause 5.2 of the Offer.
9.4 In other cases provided for by this Agreement and applicable law.
10. Processing of personal data.
10.1 The Customer agrees to the use and processing of its personal data (personal data of its employees) for administrative, legal and commercial purposes. Consent is granted for personal data to perform any actions permissible in accordance with the law and necessary for the execution of this Agreement, including: collection, systematization, storage, clarification (updating, changing), use, transfer (provision, access), including cross-border transfer, depersonalization, blocking, destruction; with or without the use of automation tools as a means of processing personal data. At the same time, the Customer agrees to transfer his/her personal data to third parties to the extent necessary, taking into account the Privacy Policy, to fulfill the requirements of the law and these contractual obligations in compliance with the requirements of the applicable law.
11. Validity of the offer.
11.1 This Offer shall come into force from the moment it is posted on the Contractor's Website and shall be valid until its withdrawal by the Contractor.
11.2 The Contractor shall have the right to amend the terms of the Offer at any time and/or withdraw the Offer at any time at its sole discretion. In case the Contractor makes changes to the Offer, such changes shall take effect from the moment the amended text of the Offer is posted on the Contractor's Website, unless another effective date is specified directly in the text of the amended Offer.
12. Final provisions.
12.1 The parties have agreed that any disputes and claims will be resolved through negotiations.
12.2 The Parties are aware that the services are provided by the Contractor, which are registered and operate in accordance with the law.
12.3 The Parties agree to consider the place of conclusion of the Agreement and the place of provision of services to be the location of the Contractor.
12.4 By accepting this Offer, the Customer agrees that all disputes related to this Agreement shall be resolved in accordance with the law. The Customer also agrees that all such disputes are within the exclusive competence of the relevant courts.
12.5 The Parties to this Agreement have decided that if a part of this Agreement is recognized as invalid (illegal), the Agreement itself shall be deemed concluded without the inclusion of the invalid (illegal) part. In this case, a Party to this Agreement may not refer to the fact that without the inclusion of the invalid (illegal) part in the Agreement it would not have concluded it.
12.6 All of the foregoing shall constitute the sole text of the Agreement and shall supersede all previous negotiations, correspondence, agreements, proposals and statements made or expressed by the Parties with respect to the subject matter of the Agreement, whether oral or written.
12.8 In all cases not provided for in this offer, the Parties shall be governed by applicable law.