Offer for the conclusion of a service agreement

Definitions

Website is a website owned by the Contractor, located at https://proxy.market.

Contractor - Individual Entrepreneur Pavel Firsov with Registration and Identification Number: 505396220819, registered according to the applicable legislation of Georgia, whose legal office is in Georgia, Tbilisi, Samgori District, Police Street I, Dead End N5, Floor 2, N4a.

Personal Account – a personal section created in the Website and not accessible to third parties, containing information about the Customer (first name, last name, email address, messenger user ID), as well as about orders, the number of proxy servers used and the terms of their use, and the available amount of money on the Customer's balance. Access to the Personal Account is carried out by entering the Customer's email (login) and password (authentication data).

Account – an account created in the Website and containing information about the Customer. Access to the Account is carried out through the Personal Account.

This Offer, permanently posted on the Internet at the network address of the site https://proxy.market/offer, is an offer by the Contractor to enter into an Agreement for the provision of services to ensure connection to a proxy server (hereinafter referred to as the Agreement) with any adult individual, individual entrepreneur, or legal entity interested in receiving such services, represented by an authorized individual (hereinafter referred to as the Customer). This document is an offer in accordance with Art. 435 of the Civil Code of the Russian Federation (in relation to individuals, a public offer according to paragraph 2 of Art. 437 of the Civil Code of the Russian Federation).

Proper acceptance of this Offer in accordance with Art. 438 of the Civil Code of the Russian Federation is considered to be the Customer's performance of the following actions:

Option 1:

Option 2:

  • Identifying yourself in the Personal Account at https://dashboard.proxy.market/ by entering your email (login) and password (authenticator);
  • Familiarizing with the terms of this Offer (posted at https://proxy.market/offer), Terms of Use (posted at https://proxy.market/user-agreements), and Privacy Policy (posted at https://proxy.market/privacy-policy), and accepting them by ticking the appropriate boxes;
  • Selecting one of two options in the Personal Account:
    1. Replenishing the balance by clicking the “Top up balance” button and depositing funds into the Contractor’s bank account or electronic wallet;
    2. Submitting an application for the provision of services (indicating the type and number of proxy servers, and the term of service provision) by clicking the “Buy proxy” button and making a payment after following the link to the payment page.

The date of acceptance of the Offer by the Customer (the date of conclusion of the Agreement) is considered: for option 1 - the date the funds are credited to the Contractor’s account; for option 2 - the Customer's submission of an application for services with a positive balance in the Personal Account, or the date the funds are received in case of payment from the Personal Account.

From the moment of acceptance of this Offer by the Customer, the terms of the Service Agreement regarding the chosen proxy servers are binding for both the Customer and the Contractor (the Agreement is considered concluded). The Customer is obliged to familiarize themselves with the text of this Offer before accepting its terms.

The Agreement, concluded under Ch. 39 of the Civil Code of the Russian Federation, and Art. 438 of the Civil Code of the Russian Federation, is considered made in writing. If the Customer replenishes the Personal Account, the Agreement will be considered concluded after submitting an application for services as described above.

1. The Subject of the Agreement. General Provisions

1.1. The Contractor undertakes, for a fee, to provide the Customer with services to ensure connection to the proxy server, on the terms agreed upon when the Customer accepted this Offer in the manner specified above (hereinafter referred to as the Services).

1.2. The term for the provision of Services by the Contractor is determined by the Customer at the conclusion of the Agreement by selecting one of the list of services and begins to run from the moment of payment - in case of acceptance in the manner provided for in option 1 of the Offer, or from the moment the Contractor receives the application or payment from the Customer - in case of acceptance in the manner provided for in option 2 Offers.

1.3. The Contractor's operating hours are 24/7.

2. Rights and obligations of the parties

2.1. The Contractor is obliged:

2.1.1. Provide Services during the period of their provision specified in clause 1.2. of this Offer, daily for 24 hours, with the exception of the following cases (forced breaks):

2.1.1.1. Periods of carrying out the necessary planned technological, unscheduled emergency restoration work;

2.1.1.2. Periods of suspension of the provision of Services by decision of government authorities.

2.1.2. Provide the Customer with technical advice on questions asked in the technical support chat on the website https://proxy.market or e-mail: [email protected]. Customer technical support is provided daily 24/7.

2.1.3. Respond to Customer requests sent in accordance with clause 2.2.3. of this Offer.

2.2. The Customer is obliged:

2.2.1. Not to perform Prohibited Actions provided for by the Terms of Use (Section 2 of the Terms) posted on the Contractor’s website at https://proxy.market/user-agreements:

2.2.1.1. Do not send advertising, informational or any other information using proxy servers without the prior consent of the recipient of such information;

2.2.1.2. Not to take intentional actions aimed at restricting access to the Contractor’s services, other users, as well as attempting to gain unauthorized access to the Contractor’s resources or to any other resources available via the Internet;

2.2.1.3. Do not commit fraudulent activities using a proxy server;

2.2.1.4. Not to send information prohibited by the legislation of the Russian Federation and other countries;

2.2.1.5. Do not hack websites or steal information of any kind;

2.2.1.6. Not to violate the legislation of the Russian Federation when using the Services.

2.2.2. Do not engage in resale, rental for use for any time, or transfer of IP addresses (proxy servers) to third parties.

2.2.3. Within 24 hours after the Contractor provides access to the proxy server, as well as during the period of provision of Services, if problems with access or interruptions in the provision of Services are detected, immediately contact the technical support service via chat on the website https://proxy.market, through the Customer’s Personal Account or by e-mail: [email protected] for the Contractor to take appropriate measures to eliminate failures and maintain the proper quality of the Services provided.

2.2.4. Ensure proper secure configuration of the software used when connecting to the proxy servers. The Customer bears all risks associated with failure to fulfill this obligation.

2.2.5. Do not provide third parties with access to your login and/or password from your Personal Account, and also take the necessary measures to prevent third parties from accessing the above data. Immediately notify the Contractor of any case of unauthorized access to the Personal Account using his login and password and/or of any security breach. The Contractor is not responsible for damage caused as a result of unauthorized access to the Customer’s personal account.

If the Customer transfers the login and/or password to any third party, the Customer bears full responsibility for the actions of this third party committed by him in the Website. The Customer bears the risks of consequences caused by his violation of these obligations.

2.3. The Contractor has the right:

2.3.1. In case of violation by the Customer of the obligations provided for in clause 2.2.1. of this Offer, unilaterally refuse to fulfill the Agreement by blocking the Customer’s account, while the funds received for the Services are not returned to the Customer and are considered a fine for violation of obligations.

2.3.2. To limit fraudulent activities on the part of third parties and ensure the safety of customers, block some Internet resources when connecting to them through the Contractor's proxy server, including free classified ad sites, Internet sites of banking and payment systems, and bookmakers.

In case of detection of offenses or crimes committed through a proxy server, user data, such as full name, email address, login, shall be transferred to law enforcement agencies of the Russian Federation.

2.3.3. Temporarily suspend access to the Services for technical reasons that prevent such access, while the specified reasons are eliminated. In this case, the Contractor is not responsible for failure to provide Services.

2.3.4. Carry out preventive work that may lead to interruption in the provision of access to the Services. Preventative work is carried out by the Contractor at its own discretion only to the required extent without coordination with the Customer, but with a notice of upcoming work posted on the website. In this case, the Contractor is not responsible for failure to provide Services.

2.3.5. If the Customer violates the requirements of the current legislation, provide his data, as well as information about the actions he has performed using the Website, at the request of the relevant competent government authorities and management without obtaining the Customer’s prior consent or sending a notification.

2.3.6. Refuse the Customer to change the connection conditions provided for in clause 2.4.1. of this Offer, if it considers the reasons to be unfounded, as well as if the tariff or type of Service chosen by the Customer does not allow making changes.

2.4. The Customer has the right:

2.4.1. Within 24 hours from the date of payment of the invoice, contact the Contractor with a request to change the conditions for connecting to the proxy server if there are justified reasons. The list of reasons that are justified is contained in clause 3.1.of the Terms of Use. In this case, the Customer must send a request to change the connection conditions by email from the address specified in clause 7.3. of this Offer, to the Contractor's address [email protected].

2.4.2. During the period of validity of the Agreement, participate in the Contractor’s referral programs by joining them in your personal account in the “Affiliate” section on the website, downloading the relevant links and promotional codes and sending offers to third parties, as well as receiving remuneration for services to attract clients for the Contractor under the conditions provided for by the relevant referral programs.

3. Procedure for acceptance and payment for Services

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. Responsibility of the parties

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. Validity period and procedure for termination of the Agreement

5.1. The Agreement comes into force from the moment of payment and is valid until the expiration of the period specified in clause 1.2. of this Offer.

5.2. The Customer has the right to unilaterally, out of court, refuse to fulfill the Agreement by notifying the other Party 5 days in advance, and the Agreement will be considered terminated after 5 days from the date of receipt of the relevant notification from the other Party, except for the case provided for in clause 3.3. of this Offer. In this case, the calculation of funds to be returned to the Customer for the period during which services were not provided is made in accordance with clause 3.4. of this Offer.

5.3. The Contractor has the right at any time to unilaterally, out of court, refuse to fulfill the Agreement by blocking the Customer’s account:

  • In case of violation by the Customer of the Terms of Use provided for in clause 2.2.1. of this Offer. In this case, the funds transferred as payment for the Services are not returned to the Customer and are considered as a fine for violating the terms of the Agreement. In addition, the Contractor has the right to recover damages from the Customer in full.
  • In case of failure to receive payment for the Services to the bank account.

5.4. The Customer has the right at any time to unilaterally, out of court, refuse to fulfill the Agreement and demand a refund for the period in which the Services were not provided, in the event of a complete lack of connection with the proxy server for more than 3 days.

5.5. Notifications provided for in this section of the Agreement are delivered by email.

6. Force majeure

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. Final provisions

7.1. All disputes related to the conclusion, interpretation, execution and termination of the Agreement will be resolved by the Parties through negotiations.

7.2. If disagreements are not resolved through negotiations, the dispute is referred to the court—if the Customer is an individual, or to an arbitration court—if the Customer is an individual entrepreneur or legal entity.

7.3. Interaction between the Parties, including sending letters, notifications, messages, files, as well as copies (electronic images) of documents, is carried out via email:

  • Performer: [email protected]
  • Customer: specified registration/authorization in the Personal Account or upon acceptance of this Offer.

Orders are placed and invoices are also generated in the Customer’s Personal Account. In this case, the combination of a unique email address and password for it, login and password for the Customer’s Personal Account, login and password for the Site administrator control panel is a simple electronic signature of the Party. Files, notifications, messages, Applications, invoices transmitted using the Customer’s Personal Account and/or email addresses of the Parties are considered electronic documents signed with a simple electronic signature. Documents signed with simple electronic signatures in accordance with the rules of this Agreement are recognized as equivalent to documents on paper. It is also recognized that the sender is considered identified as a Party, and the fact of receipt of a message, order, invoice from him is confirmed if the message/order/invoice is sent from the email address / from the Personal Account / from the Website of the specified person. The message/order/invoice is considered received on the day of sending (formation).

Each Party accesses email, Personal Account, and the Site administrator control panel using a password and undertakes to maintain its confidentiality, namely: not to disclose the password to other persons.

7.4. For legal entities and individual entrepreneurs, a claim procedure for resolving disputes is provided:

7.4.1. If no agreement is reached during negotiations, the interested Party shall submit a claim in writing, signed by an authorized person. The claim must be sent using means of communication that ensure recording of its sending and receipt (by registered mail, courier delivery service), or delivered to the other Party against signature.

7.4.2. The claim must be accompanied by documents substantiating the demands made by the interested Party (if the other Party does not have them), and documents confirming the authority of the person who signed the claim. These documents are submitted in the form of duly certified copies. A claim sent without documents confirming the authority of the person who signed it is considered unsubmitted and is not subject to consideration.

7.4.3. The Party to which the claim is sent is obliged to consider the received claim and notify the interested Party in writing about the results within 10 (ten) business days from the date of receipt of the claim.

7.4.4. In the event of failure to resolve disagreements in the claim procedure, as well as in the event of failure to receive a response to the claim within the period specified in clause 7.4.3. of this Offer, disputes are referred to the arbitration court at the location of the defendant in accordance with the current legislation of the Russian Federation.