1. Scope of Application
1.1. These General Terms and Conditions (hereinafter referred to as "GTC") govern the contractual relationship between PowerProxy, [Company Address in Europe] (hereinafter referred to as "PowerProxy") and its contractual partners in the form of end customers (hereinafter referred to as "users").
1.2. PowerProxy reserves the right to change these GTC, even for ongoing contractual relationships, if this becomes necessary due to changes in the legal situation, supreme court rulings or market conditions. Users will be informed about planned changes by e-mail.
1.3. Deviating GTC of the User shall not apply to the concluded contracts, even if PowerProxy has not expressly objected to them.
2. Subject of the Contract
2.1. PowerProxy is a provider of mobile data switching services in the form of 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 PowerProxy (hereinafter referred to as "service").
2.2. The functional scope of the service results from the respective current service description, available on our website.
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.
3. Conclusion of Contract
3.1. The contract is concluded via the website.
3.2. The presentation of PowerProxy's services on the website merely constitutes a non-binding invitation to visitors to submit an offer to conclude a contract.
3.3. PowerProxy 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").
4. Service Level, Maintenance
4.1. PowerProxy endeavors to provide its users with a service that is as uninterrupted as possible. PowerProxy guarantees the user an average availability of the service of 95% on a monthly average.
4.2. When calculating the actual availabilities, downtimes that cannot be attributed to PowerProxy are considered available times. These include unforeseen necessary maintenance work, downtime due to malware or hacker attacks, and downtimes caused by third parties.
4.3. Scheduled maintenance work that results in an interruption of service will usually be performed by PowerProxy on Sundays.
5. User Obligations and Rights
5.1. The user undertakes not to misuse the service. He undertakes to refrain from activities in connection with the use of the service that violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors.
5.2. The user must keep his access data, including the password, secret and ensure that they are not accessible to unauthorized third parties.
5.3. The User is strictly prohibited from using programs, algorithms or other software in connection with the use of the Service that may interfere with the functioning of the Service.
6. Usage Fee, Activation, Renewal
6.1. 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.
6.2. The service shall be activated for the user only after PowerProxy has received or credited the usage fee for the selected usage period.
6.3. At the end of the selected usage period, the user's usage option is automatically withdrawn again. However, the user has the option to extend the usage period at any time by placing a new order via the website.
7. Prices, Payment
7.1. The prices stated on the website are in euros and include the applicable Value Added Tax (VAT).
7.2. The User can choose between the following payment methods: Cryptocurrencies (i.e. BTC), Credit cards (VISA, Mastercard).
7.3. PowerProxy shall automatically arrange for any repayments to be made to the means of payment used by the User for payment or to the associated bank account.
8. Contract Period, Terminations
8.1. The contract period is determined after the period of use selected by the user on the website.
8.2. Ordinary termination during the term of the contract is excluded.
8.3. This shall not affect the right to extraordinary termination for good cause.
9. Disclaimer / Limitation of Liability
9.1. PowerProxy shall be liable without limitation for intent and gross negligence. For simple negligence PowerProxy shall only be liable for damages arising from injury to life, body and health, the breach of an essential contractual obligation, the violation of provisions of the General Data Protection Regulation (GDPR) as well as the violation of provisions of the Product Liability Act.
9.2. In the event of a simple negligent breach of essential contractual obligations, the liability of PowerProxy is limited to the amount of the foreseeable, typically occurring damage.
10. Data Privacy
10.1. PowerProxy will process the User's personal data in accordance with the statutory provisions on data protection – in particular the General Data Protection Regulation (GDPR). For further information, please refer to our Privacy Policy.
11. Final Provisions
11.1. If any provision of these GTC is or becomes invalid, this shall not affect the validity of the remaining provisions.
11.2. The place of jurisdiction is, insofar as legally permissible, the registered office of PowerProxy.