Offer for the conclusion of a service agreement

Website — the current website legally owned by the Contractor.

Contractor — Sole Proprietor Firsov Pavel Sergeevich, OGRNIP: 317505300033026, TIN: 505396220819, registered with the Federal Tax Service for the Republic of Mordovia.

Personal Account — a personal section created on the Website, inaccessible to third parties, containing information about the Customer (email address, messenger user ID), as well as requests, the number of proxy servers in use and their terms of use, and the amount of funds available in the Customer's balance. Access to the Personal Account is granted by entering the Customer's login credentials (login, which is the Customer's email address) and authentication data (password).

Account — a user record created on the Website containing Customer information. Access to the Account is granted through the Personal Account.

This Offer, permanently published on the Website, is the Contractor's proposal to conclude a Service Agreement for providing access to proxy servers (hereinafter referred to as the "Service Agreement," "Agreement") for services offered by the Contractor on the Website to any legally competent individual, sole proprietor, or legal entity represented by an authorized individual (hereinafter referred to as the "Customer"). This document constitutes an offer under Article 435 of the Civil Code of the Russian Federation (in relation to individuals, a public offer under Paragraph 2 of Article 437 of the Civil Code of the Russian Federation).

An individual who accepts this public offer obtains all rights and obligations of the Customer as outlined in this Agreement. Acceptance of this Offer pursuant to Article 438 of the Civil Code of the Russian Federation is considered valid when the Customer completes all of the following steps:

• familiarization with the terms of the Offer;
• successful completion of the registration procedure in the Personal Account;
• consent to the processing of their personal data by the Contractor by ticking the checkbox in the field "By clicking the 'Pay' button, I accept the terms of the Public Offer and consent to the processing of my personal data in accordance with the Privacy Policy."

Acceptance of the Offer confirms that the Customer fully and unconditionally accepts all terms and conditions of the Offer without any reservations or restrictions. It also confirms that the Customer understands all service provision terms and the Offer terms, has exercised their right to seek clarification from the Contractor, and confirms that the terms fully align with their needs and requirements. The acceptance of the Offer indicates that the Offer does not include terms specified under Paragraph 2 of Article 428 of the Civil Code of the Russian Federation and does not contain any conditions deemed overly burdensome by the Customer based on their reasonable interests.

Acceptance of the Offer, and consequently entering into this Agreement, means that the Customer has sufficiently familiarized themselves with the terms of the Agreement and the payment system (hereinafter referred to as the "System"), understands the functionality of the System and Website, and acknowledges the System's suitability for their intended purposes.

Request — an electronic message specifying the number and type of proxy servers and the cost of services, sent by the Customer to the Contractor via the Personal Account.

Valid acceptance of this Offer in accordance with Article 438 of the Civil Code of the Russian Federation is deemed to occur when the Customer performs the following sequential actions:

• Select one of two options in the Personal Account on the Website:
• 1. Replenish the Personal Account balance by clicking the "Replenish Balance" button and transferring funds to the Contractor's account after familiarizing with the Offer terms, the System Rules (published on the Website), and the Privacy Policy (published on the Website) by ticking checkboxes next to the relevant links; submit a service request (indicating the type and number of proxy servers or traffic volume in GB) by clicking "Pay for Proxy."
• 2. Select one of the services, specifying the type and number or traffic volume in GB for proxy servers, agree with the documents listed in item 1 above by clicking "Pay for Proxy," and complete the payment after being redirected to the payment page.

The date of the Offer acceptance by the Customer (the date of the Agreement conclusion) is: for option 1 — the date the funds specified on the corresponding page of the Website during the proxy server selection are received in the Contractor's account; for option 2 — the date the Customer submits a service request with a positive Personal Account balance or the date the funds are received in the event of payment from the Personal Account.

From the moment of acceptance (approval of the terms) by the Customer, the terms of the Service Agreement regarding the selected proxy servers are binding on both the Customer and the Contractor (the Agreement is considered concluded). The Customer must carefully read the Offer terms before joining its provisions (concluding the Agreement). By joining the Offer terms, the Customer agrees to all its provisions and undertakes to comply with them.

The Agreement concluded under Chapter 39 of the Civil Code of the Russian Federation, Paragraph 1 of Article 160, Article 428, Paragraph 3 of Article 434, and Paragraph 3 of Article 438 of the Civil Code of the Russian Federation in the above manner is considered executed in written form. In case the Customer replenishes the Personal Account balance, the service agreement will be deemed concluded after submitting the service request as described above.

1.1. The Contractor undertakes to provide the Customer with services for connecting to proxy servers (hereinafter referred to as "Services") for a fee, under the conditions agreed upon by the Customer's acceptance of this Offer in the manner specified above.

1.2. When concluding the Agreement, the Customer may choose one of three tariffs:

• payment for the type and number (IP) of proxy servers provided for a specified period;
• payment for the type and traffic volume (in GB) of proxy servers provided for a specified period;
• "pay as you go" — payment for the type and traffic volume (in GB) of proxy servers within the prepaid amount deposited by the Customer.

1.3. Services under the Agreement are provided for the following terms:

• 1.3.1 If the Customer selects a Service with a specified duration, with payment for the number (IP) or traffic volume (in GB) — for the period specified by the Customer;
• 1.3.2 If the Customer selects the "pay as you go" tariff — for the period calculated based on the amount of the Customer's prepaid funds, the selected traffic volume in GB, and the cost of Services in RUB per GB (tariff rate for the Service) specified on the Website on the Agreement date.

The provision of Services starts from the moment the Agreement is concluded.

1.4. The Contractor's working mode is 24/7.

1.5. Services under the Agreement become available only after the Customer completes the registration process in the Personal Account on the Website and verifies the email address used during the Personal Account setup on the Website.

2.1. The Contractor is obliged to:

2.1.1. Ensure the provision of Services for the duration specified in Clause 1.3 of this Offer, daily and around the clock, except for the following cases (forced interruptions):

• 2.1.1.1. Periods of planned technological maintenance or unplanned emergency recovery work;
• 2.1.1.2. Periods of suspension of Services by decision of state authorities.

2.1.2. Provide technical consultations to the Customer regarding questions submitted in the technical support chat on the Website or via email: [email protected]. Customer support is available 24/7.

2.1.3. Respond to Customer inquiries sent in accordance with Clause 2.2.3 of the Offer.

2.2. The Customer is obliged to:

• 2.2.1. Refrain from engaging in Prohibited Actions as defined in the System Usage Rules (Section 2 of the Rules), published on the Contractor's Website, including:
• 2.2.1.1. Sending information of advertising, informational, or any other nature using proxy servers without the prior consent of the recipient;
• 2.2.1.2. Taking deliberate actions aimed at restricting access to the Contractor's services for other users or attempting to gain unauthorized access to the Contractor's resources or any other resources accessible via the Internet;
• 2.2.1.3. Committing fraudulent actions using the proxy server;
• 2.2.1.4. Distributing information prohibited by the legislation of the Russian Federation and other countries;
• 2.2.1.5. Hacking websites or stealing any type of information;
• 2.2.1.6. Violating the laws of the Russian Federation while using the Services;
• 2.2.2. Not engage in reselling, renting, or transferring IP addresses (proxy servers) to third parties;
• 2.2.3. Within 24 hours of the Contractor providing access to the proxy server, as well as during the Service period in the event of access issues or interruptions, immediately contact technical support through the chat on the Website, the Customer's Personal Account, or via email: [email protected], so that the Contractor can take appropriate measures to resolve issues and maintain the quality of the provided Services.
• 2.2.4. Ensure the proper secure configuration of the software used to connect to proxy servers. The Customer assumes all risks associated with failure to comply with this obligation.
• 2.2.5. Register on the Website and create a Personal Account using their email address as a login and a secure password.
• 2.2.6. If a registered Yandex ID is available (personal identifier for email owners on the Yandex service), undergo moderation in the Personal Account using it.
• 2.2.7. Not grant third parties access to their Personal Account login and/or password and take necessary measures to prevent unauthorized access to these credentials. Immediately notify the Contractor of any unauthorized access to the Customer's Personal Account using the Customer's login and password and/or any security breaches. The Contractor is not responsible for damage resulting from unauthorized access to the Customer's Personal Account. If the Customer provides their login and/or password to any third party, the Customer is responsible for that third party's actions on the Website. The Customer bears the risks associated with the consequences of violating these obligations.

2.3. The Contractor is entitled to:

• 2.3.1. In the event of the Customer violating the obligations outlined in Clause 2.2.1 of this Offer, including Subclauses 2.2.1.1—2.2.1.6, unilaterally terminate the Agreement by blocking the Customer's account.
• 2.3.2. To prevent fraudulent activities by third parties and ensure the security of customers, block certain Internet resources when accessing them via the Contractor's proxy servers, including free ad platforms, bank and payment system websites, and betting offices. If violations or crimes committed through proxy servers are discovered, the Customer's data, such as name, email address, and login, may be provided to law enforcement authorities in the Russian Federation.
• 2.3.3. Temporarily suspend access to Services for technical reasons that impede such access until the issues are resolved. The Contractor is not responsible for the non-provision of Services during this time.
• 2.3.4. Conduct maintenance work that may result in a temporary interruption of access to the Services. Maintenance work is carried out at the Contractor's discretion only to the extent necessary, without the Customer's consent, but with prior notification posted on the Website. The Contractor is not responsible for the non-provision of Services during this time.
• 2.3.5. In case of the Customer violating applicable laws, provide the Customer's data and information about their actions performed using proxy servers to competent state authorities upon request without obtaining the Customer's prior consent or notification.
• 2.3.6. Refuse to change the connection conditions specified in Clause 2.4.1 of this Offer if the reasons are deemed unreasonable or if changes are not feasible due to the tariff or Service type chosen by the Customer.
• 2.3.7. Modify Service tariffs as specified in this Offer and within the specified timeframes.
• 2.3.8. Unilaterally amend and supplement the terms of this Agreement without prior approval from the Customer, ensuring the publication of the revised terms on the Website https://ru.proxy.market/offer at least one day before their effective date.

2.4. The Customer is entitled to:

• 2.4.1. Within 24 hours of concluding the Agreement, request the Contractor to modify the connection conditions to the proxy server for valid reasons. The list of valid reasons is provided in Clause 3.1 of the System Usage Rules. Such requests must be sent via email from the address specified in Clause 7.3 of this Offer to the Contractor's email: [email protected].
• 2.4.2. During the Agreement's term, participate in the Contractor's referral and loyalty programs by joining them in the Personal Account section 'Affiliate Program', downloading relevant links and promo codes, and sharing them with third parties. For participating in referral and loyalty programs, the Customer is entitled to receive rewards under the terms specified in these programs.
• 2.4.3. Before the current Agreement's expiration, make Service payments under the 'auto-renewal' condition. In this case, the new Agreement will be concluded under the current terms.

3.1. Services are provided only after the advance payment for the Services has been received in full to the Contractor's bank account, or to an electronic wallet, or to a crypto wallet.

3.2. The Customer is solely responsible for the accuracy of the payments it makes to the Contractor's bank account, or to an electronic wallet, or to a crypto wallet.

3.3. In case of refusal to fulfill the Agreement within the first 24 hours after payment for the Services, the Contractor withholds an amount of 10% of the cost of the Services, which is the cost of testing any proxy server - in the Contractor's service within 24 hours (1 day).

3.4. If you refuse to perform the Agreement within subsequent days, starting from the second day from the date of purchase of the Service, the Contractor shall return funds to the Customer in an amount proportional to the cost of the remaining days during which the Service was not provided, minus the cost of the Services provided, while the cost of the Services provided is calculated at the rate established for 1 day of provision of Services.

3.5. For participation in referral programs to attract clients, the Contractor pays the Customer a remuneration on the terms and in the amount provided for by the relevant referral program. The remuneration at the request of the Customer sent to the Contractor's e-mail address [email protected] can be calculated by the Contractor in Russian rubles or in foreign currency. Remuneration in rubles can be paid in any amount within the limits of the amount available in the Customer’s account, and the transfer fee is not charged by the Contractor. If the Customer sent the Contractor a request to withdraw funds in US dollars (other foreign currency), the Contractor transfers funds in an amount in rubles equivalent to the specified amount in foreign currency, minus the transfer fee, and only those requests of the Customer are executed, the amount for withdrawal of funds for which exceeds 50 US dollars.

3.6. For individual entrepreneurs and legal entities, the following procedure for accepting the Contractor’s Services is provided:

3.6.1. Upon completion of the provision of Services for each application, the Contractor sends to the Customer for signing a Certificate of Acceptance of Services Rendered (hereinafter referred to as the Certificate).

3.6.2. Within 3 (three) working days after receiving the Certificate, the Customer is obliged to sign it and send one copy to the Contractor.

3.6.3. In the event that within the period specified in clause 3.6.2. of this Offer the Contractor does not receive a signed Certificate from the Customer, the Services will be considered accepted by the Customer, and the Certificate signed by the Contractor unilaterally has the force of a document signed by both Parties.

3.7. An invoice for payment is generated in the Customer's Personal Account, which, upon the Customer's request, can be downloaded in the Personal Account. An invoice for payment can be generated by the Contractor using third-party services, including using the Contractor’s personal account on the Tinkoff Business website https://id.tinkoff.ru. An invoice for payment generated in the Customer’s Personal Account is considered signed with a simple electronic signature of the Contractor in accordance with the terms of clause 7.3. of this Offer.

4.1. A Party that fails to fulfill or improperly fulfills its obligations under the Agreement is obliged to compensate losses to the other Party.

4.2. The Contractor does not guarantee uninterrupted operation of the provided proxy server during the provision of Services due to the technical features of the service provided, as a result of which it is not responsible for interruptions in the provision of Services.

4.3. The Contractor is not responsible for:

4.3.1. For direct or indirect losses of the Customer resulting from the use of the Services or interruptions in the provision of the Services;

4.3.2. For offenses committed by the Customer when using the provided proxy server;

4.3.3. For failures of software and/or equipment that does not belong to the Contractor and is not under its control;

4.3.4. For a decrease in the quality of the Services provided, if this is caused by malfunctions of the Internet, equipment of third parties involved in the provision of the Services;

4.3.5. For losses incurred by the Customer as a result of the Customer’s failure to comply with the Terms of Use of the Services;

4.3.6. In other cases provided for in section 4 of the Terms of Use.

4.4. The Customer bears full criminal (if applicable) and administrative liability for violation of the current legislation of the Russian Federation, as well as the countries where such actions are committed when using the proxy server provided by the Contractor.

5.1. This Agreement comes into effect upon acceptance by the Customer and remains valid until the expiration of the term specified in Clause 1.3 of this Offer.

5.2. The Customer has the right to unilaterally withdraw from the Agreement without judicial intervention:

• at any time by notifying the Contractor at least 5 days in advance. In this case, the Agreement will be considered terminated 5 days after the Contractor receives the relevant notice from the Customer, except for the case specified in Clause 3.3 of this Offer. The calculation of the amount of funds to be refunded to the Customer for the period during which the Services were not provided will be made in accordance with Clause 3.4 of this Offer;
• in the event of disagreement with a tariff change. In this case, the Agreement will be considered terminated upon the Customer's refusal to provide consent.

5.3. The Contractor has the right to unilaterally withdraw from the Agreement without judicial intervention by blocking the Customer's account:

• in case of a violation by the Customer of the Terms of Use of the Services as stipulated in Clause 2.2.1 of this Offer. In this case, the Contractor reserves the right to recover full damages from the Customer.

5.4. The Customer has the right to unilaterally withdraw from the Agreement without judicial intervention and request a refund for the period during which the Services were not provided in the event of a complete lack of connection to the proxy server for more than 3 consecutive days.

5.5. The remaining balance in the Customer's account may be refunded upon submission of an application sent via email to [email protected]. The application must include the following information: full name, passport series and number, issuing authority, and date of issue, registration details, phone number, and email address. Refunds will be processed by the Contractor within 10 days from the date the application is received.

5.6. Notifications provided for in this section of the Agreement shall be sent via email as agreed upon in this Agreement.

6.1. The parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement if proper fulfillment turned out to be impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions.

6.2. In the event of force majeure, the Party is obliged to notify the other Party within 2 days.

6.3. A document issued by an authorized government agency or organization is sufficient confirmation of the presence and duration of force majeure.

6.4. If force majeure circumstances persist for more than 10 days, either Party has the right to terminate the Agreement unilaterally.

7.1. The Customer consents to the Contractor processing their personal data provided during registration in the restricted section of the Website (personal account), including: first name, last name; image; email address; contact phone number; accounts in messaging apps and social networks; and payment details.

7.2. The processing of personal data includes recording, organizing, accumulating, storing, updating (modifying, amending), retrieving, using, transferring (distributing, providing, granting access), anonymizing, blocking, deleting, and destroying personal data not classified as special categories requiring written consent from the Customer under the applicable laws of the Russian Federation.

7.3. Personal data processing is carried out to enable the Contractor to fulfill its obligations under this Agreement, provide feedback to the Customer when using the Website, conduct webinars and video courses, and send informational and promotional messages to the Customer's email address specified during registration.

7.4. The Contractor processes the Customer's personal data using databases located in the territory of the Russian Federation.

7.5. The Customer may revoke their consent to the processing of personal data at any time by sending a corresponding notice to the Contractor at [email protected]. The Customer acknowledges and agrees that revoking consent to personal data processing may necessitate the deletion of any information related to the Customer's participation in educational programs and offline events.

7.6. The Customer consents to receiving informational mailings and promotional materials from the Contractor or other entities on behalf of the Contractor to the email address and contact phone number specified during registration on the Website. The Customer may withdraw this consent at any time by sending a corresponding notice to the Contractor at [email protected].

7.7. The Customer consents to the use of their image as their photograph (avatar) by the Contractor on a royalty-free basis.

8.1. The Website contains intellectual property owned by the Contractor.

8.2. By using the Website, the Customer acknowledges and agrees that all content and the structure of the Website are protected by copyright and other intellectual property rights, which are valid and protected in all forms, on all media, and across all technologies, whether existing now or developed in the future. No rights to any content of the Website, including but not limited to audiovisual works, textual and graphical materials, or software, are transferred to the Customer as a result of using the Website or entering into this Agreement.

8.3. When quoting materials from the Website, where expressly permitted by the Website's functionalities, the Customer must include a link to the Website.

8.4. The use of the Website is restricted by the Customer's obligation not to reproduce, duplicate, copy, sell, assign, or use any materials provided during the interaction for any commercial purposes, nor to grant third-party access to the Website.

8.5. All materials, including photos and videos, created by the Contractor during the provision of Services are the intellectual property of the Contractor. The Customer consents to the use of their photo or video likeness included in these materials. In the event the Customer disagrees with the use of their likeness or other data, they must notify the Contractor in writing at the following email address: [email protected].

8.6. In the event of a violation by the Customer of this Agreement's provisions related to the Contractor's copyright protection, the Contractor has the right to demand compensation of 100,000 (one hundred thousand) rubles for each violation, in addition to reimbursement for all damages incurred, including lost profits.

9.1. Service requests and invoices are generated in the Customer's Personal Account.

9.2. The Parties agree that the combination of a unique email address and its password, along with the login and password for the Customer's Personal Account, and the login and password for the administrator control panel of the Website constitute a simple electronic signature of the Party. Files, notifications, messages, requests, and invoices transmitted via the Customer's Personal Account and/or the Parties' email addresses are considered electronic documents signed with a simple electronic signature.

9.3. Documents signed with simple electronic signatures in accordance with this Agreement are deemed equivalent to paper documents. Additionally, the sender is considered identified as a Party, and the fact of receiving a message, request, or invoice from them is deemed confirmed if the message/request/invoice is sent from the email address/Personal Account/Website of the identified Party. The message/request/invoice is considered received on the day of its dispatch (generation).

9.4. Access to email, the Personal Account, and the administrator control panel of the Website is password-protected, and each Party agrees to maintain the confidentiality of their password by not disclosing it to third parties.

9.5. By entering into the Agreement, the Parties have agreed on the terms of electronic interaction and electronic document exchange between them using a simple electronic signature. The Parties acknowledge that in cases specified in this Offer, an electronic message sent from an email address/Personal Account/administrator control panel of the Website constitutes the Party's genuine intent and their decision to enter into, modify, or terminate obligations, as defined by the actions outlined in this Offer.

9.6. The authenticity and validity of a message originating from a Party are verified by comparing the sender's address with the address/account defined in accordance with this Offer. Each Party must ensure the security of their account information and prevent unauthorized access by third parties. If necessary, printed messages from email accounts or Personal Accounts, certified by the corresponding Party, may be used to confirm legally significant actions.

10.1. All disputes related to the conclusion, interpretation, performance, and termination of the Agreement shall be resolved by the Parties through negotiations.

10.2. If disagreements cannot be resolved through negotiations, disputes shall be referred to court — if the Customer is an individual, or to arbitration court — if the Customer is an individual entrepreneur or a legal entity.

10.3. Interaction between the Parties, including the exchange of letters, notifications, messages, files, and copies (electronic images) of documents, shall be conducted via email:

• Contractor: [email protected],
• Customer: the email address provided during registration/authorization in the Personal Account or upon acceptance of this Offer.

10.4. A pre-trial claim procedure is required for resolving disputes involving legal entities and individual entrepreneurs:

• 10.4.1. If no agreement is reached during negotiations, the interested Party must send a written claim signed by an authorized representative. The claim must be sent using communication methods that ensure proof of its dispatch and receipt (registered mail, courier service) or handed to the other Party against a receipt.
• 10.4.2. The claim must include documents justifying the demands made by the interested Party (if these are not available to the other Party) and documents confirming the authority of the person signing the claim. These documents must be provided as duly certified copies. A claim sent without documents confirming the authority of the signer shall be deemed unsubmitted and will not be considered.
• 10.4.3. The Party receiving the claim must review it and notify the interested Party of the results in writing within 10 (ten) business days from the date of receipt.
• 10.4.4. If disputes cannot be resolved through the claim procedure, or if no response to the claim is received within the timeframe specified in Clause 10.4.3 of the Offer, the dispute shall be referred to arbitration court at the location of the respondent, in accordance with applicable Russian law.

10.5. If any provision of this Agreement is deemed invalid or unenforceable by a court, this shall not affect the validity of the remaining provisions.