Client
The entity engaging with ProxyFella’s offerings, herein referred to as “Client”, encompasses any individual or legally established business entity that has entered into an agreement to utilize the services provided by ProxyFella (collectively, “Service” or “Services”). Access to and utilization of the Service are exclusively reserved for the Client. This right of use is non-transferable and cannot be extended to any third parties through assignment, licensing, explicit permission, or any other means by the Client, including unauthorized individuals who may have obtained access to the Service through the Client. The term “Client” specifically denotes a legally constituted business entity, permitting only its duly authorized employees or agents to utilize the Services.
Should the Client endeavor to facilitate access to the Services for any third parties who do not hold the status of employees or agents, such actions shall constitute a violation of these Terms of Service (TOS). The stipulations under which ProxyFella exercises its rights in response to such a breach are elaborated in the section titled “Breach.”
Period
Here’s a revised version of the second part of the Terms of Services in a professional tone:
The Customer consents to engage with the Services on a month-to-month basis, unless an alternative arrangement has been explicitly agreed upon through written communication, electronic mail, instant messaging, or directly via the digital interfaces of ProxyFella’s website. In instances where the service engagement is structured on a month-to-month basis, such engagement shall automatically extend for subsequent months, unless the Client submits a formal notification of termination in accordance with the cancellation procedures stipulated herein.
Should the Client be bound by a service term that extends beyond a month-to-month basis, said term will similarly undergo automatic renewal for an equivalent duration, contingent upon the absence of a formal cancellation notice from the Client, which must be submitted in alignment with the specified cancellation terms detailed herein.
Service Fees
Charges for the Services procured by the Client shall commence on the date subsequent to the Client’s formal acceptance of these Terms of Service (TOS), effected through the execution of an electronic signature. This acceptance follows the Client’s review and agreement to the fee schedule, alongside other pertinent details as delineated on ProxyFella’s official website, accessible at https://www.proxyfella.com (“Website Information”). The comprehensive array of this information, including the fee structure and related details, is readily available for consultation on ProxyFella’s website at https://www.proxyfella.com.
Cancellation
ProxyFella mandates, and the Client concurs, that a formal written notification is essential for the termination or reduction of Services. The absence of providing the necessary written notification for cancellation will lead to the perpetuation of charges/billing. The Client is required to submit the written notice of cancellation through the designated online customer portal.
Refunds
ProxyFella guarantees a refund for all Services provided, subject to a request within a singular day from the date of service initiation, except where explicitly specified otherwise by ProxyFella under alternate refund conditions. This policy encompasses, without limitation, fees for monthly or other periodic services. To initiate a refund, the Client must submit a formal request via email.
Disputes
Clients who wish to address any discrepancies in billing must initiate an accounting inquiry by submitting a ticket through email within thirty (30) days from the date the alleged billing discrepancy occurred, utilizing the customer support portal provided. Beyond the scope of the aforementioned directive, the Client is obliged to refrain from disputing, seeking refunds, initiating chargebacks, or in any manner attempting to halt payment or procure a reversal of charges for Services that have been delivered, including but not limited to transactions made via credit card or any other payment methods.
Engaging in such activities constitutes a violation of these Terms of Service (TOS). The procedures that ProxyFella will follow in response to such a breach are outlined in the section titled “Breach.”
Non-Payment
Payment for the Services, as delineated in this Terms of Service (TOS), is due in full on the monthly anniversary date or according to another periodic schedule, as stipulated in the agreement for the duration of Services. Non-payment of the due amount on the specified anniversary date constitutes a breach of this TOS. While ProxyFella may, at its discretion, continue to provide Services for a grace period of two calendar days following the payment failure, inclusive of the anniversary date, this does not constitute an obligation on ProxyFella’s part.
Should payment not be made by the end of the third calendar day, counting from and including the anniversary date, ProxyFella reserves the right to terminate the Services without further notice to the Client, unless the Services have been terminated prior to this juncture.
Payment Obligation: The responsibility for the fulfillment of all payments outlined within this TOS rests exclusively with the Client. No third party shall bear any obligation or responsibility for such payments to ProxyFella.
Compliance with Laws
Compliance with Laws: The Customer commits to adhering to all applicable laws, regulations, and ordinances at local, state, federal, and international levels, without exception.
Third-party Content: The Client acknowledges that ProxyFella’s website may feature links to third-party websites, which could offer a variety of content, including but not limited to information, videos, music, images, and photographs. It is expressly understood that ProxyFella does not endorse, support, or affirm the content or reliability of these third-party sites and their offerings. The Client agrees to absolve ProxyFella of any liability or responsibility related to the content available on or through such third-party websites.
Security of Client Information: The Client recognizes and accepts that ProxyFella is unable to offer guarantees or assurances that the Client’s data or information, whether stored by ProxyFella or transmitted via its servers (this includes, without limitation, all transmissions to and from the Client through ProxyFella’s servers) or through the Client’s use of the Service, will be immune from unauthorized access or compromise. Notwithstanding ProxyFella’s rights under the section titled “Indemnity,” the Client agrees to release ProxyFella from any liability in the event of a security breach affecting the Client’s data or information as outlined herein.
Security of Client’s Internet Protocol (IP) Address: ProxyFella does not provide assurances, guarantees, or promises regarding the security of the Client’s IP address against unauthorized access or compromise by third parties.
Age of Client
Age and Legal Capacity: Without prejudice to the stipulations set forth in the section entitled “Governing Law,” the Client hereby affirms and warrants that they have attained the age of majority, which is defined as 18 years of age or the age of majority as determined by the laws governing the Client’s domicile, whichever is greater. Furthermore, the Client guarantees that they meet all other legal prerequisites necessary for entering into contractual agreements, including but not limited to this Terms of Service (TOS).
Should the Client not have reached the age of majority as stipulated by their jurisdiction, they are hereby obligated to discontinue the use of ProxyFella’s website immediately and refrain from agreeing to this TOS.
Indemnification
Indemnification: The Client hereby commits to indemnify, defend (with legal representation chosen by ProxyFella at the Client’s expense), and hold harmless ProxyFella, its affiliates, and their respective officers, directors, owners, legal advisors, accountants, agents, and employees against any and all claims, demands, liabilities, losses, damages, penalties, fines, punitive damages, interest, costs, and expenses of whatsoever kind (including reasonable attorneys’ fees), incurred as a result of actions brought by third parties against the Client. This encompasses, but is not limited to, liabilities arising from the Client’s actions, whether in tort, contract, violation of third-party rights, or under any other theory of legal liability.
Scope of Indemnification: This indemnity also extends to any individual or entity using the Client’s username, Internet Protocol (IP) address, or other identifying information, authorized or otherwise, for accessing ProxyFella’s Services. The Client acknowledges that ProxyFella retains the right, though not the obligation, to select its legal representation and advance legal fees at its discretion, with the understanding that the Client will fully reimburse such costs. This provision remains in effect and binding upon the Client even following the termination of this agreement, without limitation to the conditions outlined under the section titled “Assignment.”
LIMITATION OF LIABILITY
Limitation of Liability for Service Provision: ProxyFella is not responsible for any failure to deliver Services that arises from circumstances outside its reasonable control. This includes, but is not limited to, actions or regulations by government authorities, acts of terrorism, military conflicts, natural disasters such as earthquakes, fires, floods, labor conditions, power outages, disruptions in internet connectivity, and failures related to computer networks, software, hardware, telephone networks, or services.
Liability for Use of Services: ProxyFella shall only be liable to the Client for damages that result from ProxyFella’s gross negligence or willful misconduct. ProxyFella is not liable for any harm arising from the Client’s use or inability to use the Services, except as specified. Additionally, ProxyFella is not liable for temporary interruptions in Service due to maintenance, upgrades, or other reasons.
Warranties: ProxyFella expressly disclaims all warranties, whether express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose, or non-infringement. No guarantee is made regarding the specific outcomes of using ProxyFella’s Services.
Limitation on Damages: Under no circumstances will ProxyFella be liable for any lost profits, direct, indirect, special, incidental, consequential, or punitive damages, regardless of whether such damages were foreseeable or if ProxyFella was advised of the possibility of such damages. The total liability of ProxyFella, its employees, agents, or affiliates, under any legal theory, will not exceed the total amount paid by the Client for Services in the six months preceding the event that gave rise to the claim, assuming all fees for that period have been paid.
If the Client has not paid for six months of Service, either due to shorter usage or non-payment, ProxyFella’s maximum liability will be proportionately reduced. This limitation of liability clause will continue to apply even after the termination of this TOS with the Client.
Assignment
Assignment Restrictions: The Client is expressly prohibited from assigning this Terms of Service (TOS) to any third party. Any attempt to do so shall be deemed null and void.
ProxyFella’s Right to Assign: The Client is advised that ProxyFella reserves the right to establish or incorporate a business entity, including but not limited to a limited liability company, at its discretion. Upon the formation of such an entity, ProxyFella is authorized to transfer and assign this TOS, the Appropriate Use Policy (AUP), all content on ProxyFella’s website, the Services provided, and all related rights and obligations to the newly formed or incorporated entity.
Appropriate Use Policy
Incorporation of Appropriate Use Policy: The Appropriate Use Policy (AUP) established by ProxyFella, as detailed and accessible on ProxyFella’s official website, is hereby incorporated by reference into this agreement and forms an integral part of the Terms of Service (TOS). The Client affirms that they have thoroughly reviewed and comprehended the AUP prior to agreeing to this TOS. Any violation of the AUP constitutes a breach of the TOS.
Consequences of AUP Violations: Should ProxyFella receive a third-party complaint of abuse associated with the Client’s Internet Protocol (IP) addresses, a processing fee of $99 will be imposed on the Client for handling the abuse complaint. Furthermore, ProxyFella reserves the right to terminate the Client’s account at its sole discretion, based on the nature and severity of the abuse complaint.
Breach
Consequences of Breach: Any violation by the Client of the conditions stipulated within this Terms of Service (TOS), the Appropriate Use Policy (AUP), or the information provided on the ProxyFella website, irrespective of whether such actions are explicitly classified as breaches within these documents, shall constitute a breach of this TOS. Should the Client commit such a breach, ProxyFella reserves the right, at its sole discretion, to terminate the Services forthwith and pursue all available legal remedies as outlined within this TOS. The remedies specified herein are cumulative and shall not preclude ProxyFella from seeking further redress under applicable laws or equitable principles. Notwithstanding the provisions related to “Refunds” and “Disputes,” in the event of a breach by the Client, no refunds or reimbursements shall be issued, nor shall chargebacks or similar financial reversals be permitted.
Discretion over Service Renewal and Additional Services: ProxyFella expressly reserves the right, at its absolute discretion, to refuse the renewal of Services or the provision of additional Services to the Client, without limitation to any other rights or remedies contained within this TOS.
Waiver of Rights
Non-Waiver of Rights: Any failure or delay by ProxyFella in exercising its rights under this Terms of Service (TOS), in law, or in equity, shall not be construed as a waiver of such rights. Similarly, no exercise of any single or partial right shall preclude any other or further exercise thereof or the exercise of any other right.
Modifications and Waivers: No amendment, modification, or waiver of any provision within this TOS, the AUP, or Website Information, nor consent to any deviation from the terms hereof, shall be binding unless explicitly agreed to in writing, which may include electronic mail, instant messaging, or digital agreement formats. Such waiver or modification shall be limited strictly to the specific case and purpose for which it was made and shall not imply a future waiver of any terms. Any agreement to modify or waive any part of this TOS or the AUP does not signify a waiver of ProxyFella’s rights in any subsequent instance.
Severability
Severability: Should any term or provision of this Terms of Service (TOS) be deemed invalid or unenforceable by a tribunal of competent jurisdiction, such determination shall not affect the validity of the remaining terms and provisions, which shall continue in full force and effect.
Headings
Headings: The headings contained within this Terms of Service (TOS) serve solely for convenience and ease of reference and do not form part of the TOS for the purpose of interpretation or enforcement.
Modifications to Terms and Documents: ProxyFella retains the exclusive right to modify, without prior notification, the provisions of this TOS, the Appropriate Use Policy (AUP), Website Information, and to introduce new documents on its website. While ProxyFella will make reasonable efforts to inform the Client of any such changes or additions through the customer portal, it is not obligated to provide such notice. The responsibility rests with the Client to periodically review the TOS, AUP, and Website Information for updates. The Client’s ongoing access or use of the Services after any modifications have been made will be deemed as acceptance of those changes.
Governing Law
Governing Law: The interpretation and enforcement of this Terms of Service (TOS) shall be governed by the laws of Romania, excluding its conflict of laws principles.
Entire Agreement: This TOS, together with the Appropriate Use Policy (AUP) and Website Information, constitutes the entire agreement between ProxyFella and the Customer, superseding all prior agreements, representations, and understandings between them, whether written or oral.
Acknowledgment: The Customer hereby declares that they have thoroughly read and fully understood the entirety of this TOS prior to its execution. The act of agreeing to this TOS serves as confirmation of the Customer’s understanding and acceptance.
Electronic Signature
Acceptance of Terms: By selecting the “Complete Order” option on ProxyFella’s website, the Customer expressly agrees to and accepts all terms and provisions set forth in this Terms of Service (TOS), the Appropriate Use Policy (AUP), and the Website Information. Furthermore, through this action, the Customer acknowledges and authorizes ProxyFella to invoice and process payment for the Services as specified.