Terms & Conditions for Resellers

1) SCOPE OF APPLICATION

1.1. These General Terms and Conditions (hereinafter referred to as “GTC”) govern the contractual relationship between the Mobile Internet Germany, represented by Adriaan van Veen, Am Brabrinke 14, 30519 Hannover, Germany (hereinafter referred to as “Mobile Internet Germany”) and its contractual partners in the form of commercial resellers (hereinafter referred to as “Resellers”). They shall apply in their current version at the time of conclusion of the contract. For end customers in the form of users of the services of Mobile Internet Germany (hereinafter referred to as “End Customers”), deviating GTCs shall apply, which can be retrieved at https://www.germanproxy.io/terms-and-conditions.

1.2. Deviating GTC of the Reseller shall not apply to the concluded contracts, even if Mobile Internet Germany has not expressly objected to them.

1.3. If the parties reach agreements deviating from these GTC, such agreements shall, in case of doubt, prevail over the provisions of these GTC. Any deviating agreements must be in text form to be effective.

2) SUBJECT OF THE CONTRACT

2.1. Mobile Internet Germany is a provider of mobile data switching services in the form of so-called proxy services against payment. End customers receive access to the proxy service of Mobile Internet Germany (hereinafter referred to as “service”) against payment of a usage fee. This gives end customers the option of connecting to the Internet via a mobile proxy server. The functional scope of the Service is set out in the current Service description, available at https://www.germanproxy.io.

2.2. Mobile Internet Germany shall provide the Reseller with quotas for the use of the service for resale to end customers. The concrete scope of services of the contingents (speed of data transmission, transmission standard, data volume, IP rotation and number of permitted users) depends on the product selected by the Reseller and results from the information on the website at https://www.germanproxy.io (hereinafter referred to as “Website”).

3) CONCLUSION OF CONTRACT

3.1. The conclusion of the contract shall take place via the website. The presentation of the services of Mobile Internet Germany on the website merely constitutes a non-binding invitation to the visitors of the website to submit an offer to Mobile Internet Germany to conclude a contract. The submission of the order on the website by clicking on the button “order with costs” constitutes a binding offer to conclude a purchase contract on the part of the visitor.

3.2. Mobile Internet Germany confirms receipt of the order immediately by sending an automatically generated e-mail (“confirmation of receipt”). This message does not constitute an acceptance of the offer to conclude a contract. An effective contract shall only be concluded upon receipt of a further e-mail (“Order Confirmation”).

4) CUSTOMER ACCOUNT, REGISTRATION

4.1. The Reseller has the possibility to create a user account by clicking on the “register” button. Registration is purely voluntary in order to simplify future orders. However, it is also possible to place an order without registering (“guest order”).

4.2. The registration itself is free of charge. There is no entitlement to registration. Mobile Internet Germany is entitled to make registration subject to further requirements (e.g. verification of registration data). The Reseller is obliged to provide proper and accurate information during registration.

4.3. The personal data stored during registration shall be saved by Mobile Internet Germany so that the Reseller can log in again at any time using his access data.

5) ORDERING PROCESS

5.1. The Reseller can select the desired contingents for booking by adding them to the shopping cart by clicking on the corresponding button. To complete the order, the Reseller must select the shopping cart to be guided through the rest of the ordering process. In the shopping cart, the Reseller can change the desired number of items or remove the selected items entirely at any time.

5.2. If there are items in the shopping cart, the Reseller will first be taken to a page where he can enter his data and then select the shipping and payment method by clicking on the “Continue” button. The content of the input fields can also be corrected later by selecting the appropriate step or by clicking the “edit” button. To cancel the ordering process completely, the browser window can be closed or the website exited.

5.3. After entering all the necessary order and address data, clicking the “continue” button opens a page on which the main item details, including any costs incurred, are summarized once again. Up to this point, the Reseller can correct his entries or withdraw from the contract.

6) SERVICE LEVEL

6.1. Mobile Internet Germany endeavors to provide its users with a service that is as uninterrupted as possible. Mobile Internet Germany assures end customers who obtain access to the service directly from Mobile Internet Germany a certain availability of the service in clause 6. of the Terms of Use (available at https://www.germanproxy.io/terms-and-conditions). The Reseller is obliged to assure the end customer of at least equivalent availability. Section 6. of the Terms of Use shall also become part of the contract between Mobile Internet Germany and the Reseller in corresponding application.

6.2. If the Reseller is obliged to make a (partial) refund of the fee to the end customer due to the availability assured to the end customer, the Reseller may demand from Mobile Internet Germany an equivalent (partial) refund for the contingents purchased in accordance with clause 6.3. of the Terms of Use. For the calculation of the (partial) refund, the fee paid by the Reseller to Mobile Internet Germany shall be decisive and not the fee which the Reseller has received from the End User. This shall apply irrespective of the Reseller’s pricing.

7) TERMS OF USE FOR END CUSTOMERS

7.1. In connection with the resale of the Allotments to End Customers, the Reseller shall agree with each End Customer that the use of the Services shall only be possible after acceptance of the Terms of Use, available at https://www.germanproxy.io/terms-and-conditions. The Reseller shall provide the End Customer with a copy of the Terms of Use for End Customers. The Reseller shall communicate the aforementioned Terms of Use to the end customer prior to the conclusion of the contract and shall point out to the customer that the activation of the service or the commencement of use shall constitute a contract of use between the end customer and Mobile Internet Germany.

7.2. In this case, the Terms of Use primarily regulate the obligations of the End Customer when using the Service. Mobile Internet Germany merely provides the Service. In relation to the End Customer, the obligation to provide the Service shall be incumbent exclusively on the Reseller. For any claims for defects or other claims of the End Customer arising from the use of the Service, the Reseller and not Mobile Internet Germany shall be exclusively liable vis-à-vis the End Customer. Claims of the Reseller against Mobile Internet Germany shall remain unaffected.

7.3. If the Reseller violates the provision under clause 7.1, the Reseller shall be liable to Mobile Internet Germany without limitation for all damages resulting therefrom and shall indemnify Mobile Internet Germany against all resulting claims asserted by third parties – in particular end customers – against Mobile Internet Germany.

8) RESALE

8.1. Neither an employment nor a commercial agency relationship shall be established between Mobile Internet Germany and the Reseller. In particular, the Reseller shall not be entitled to act in the name of Mobile Internet Germany or to accept offers, make or receive declarations on behalf of Mobile Internet Germany.

8.2. The Reseller shall be free in its pricing vis-à-vis the end customers. There are no geographical restrictions regarding the resale of the contingents.

8.3. Purchases on commission or the return of purchased contingents shall be excluded.

8.4. Mobile Internet Germany shall not provide the Reseller with any distribution systems, tools or infrastructure. Mobile Internet Germany shall only be obliged to make the quotas available to the Reseller in such a way that the Reseller can sell the quotas to end customers and enable them to use the service.

8.5. There is no exclusivity between the Reseller and Mobile Internet Germany. In particular, the Reseller shall not be entitled to any exclusive distribution rights. The Reseller shall have no obligation to resell. The Reseller shall be entitled to offer similar or similar products of other companies. In this case, however, the Reseller shall take into account the interests of Mobile Internet Germany in an appropriate manner and shall, upon request, provide Mobile Internet Germany with information on which similar or similar products of which companies it offers. Similar or like products in this sense shall be all data forwarding services, in particular proxy and VPN services.

8.6. In the context of resale, the Reseller shall be solely and exclusively responsible for compliance with all legal and regulatory requirements, unless the measures required for compliance are exclusively within the sphere of influence of Mobile Internet Germany.

8.7. The Reseller shall structure the contractual relationship with the end customers in such a way that it can fully and properly fulfill its obligations under the contractual relationship with Mobile Internet Germany.

8.8. If the Reseller provides end customers or third parties with information about Mobile Internet Germany or the Service, the Reseller shall ensure that such information is truthful and corresponds to the information published by Mobile Internet Germany and, in particular, does not contradict such information.

9) GENERAL OBLIGATIONS OF THE RESELLER

9.1. Only the End Customer shall be entitled to use the Service. The Reseller shall only be entitled to resell the purchased contingents.

9.2. The Reseller 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. In particular, the Reseller warrants that he/she will not commit any criminal acts using or aiding the Service.

9.3. The Reseller 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. In particular, the Reseller shall not take any measures that may result in an unreasonable or excessive load on the infrastructure of the Service or interfere with it in a disruptive manner.

9.4. The Reseller shall keep its access data, including the password, secret and ensure that they are not accessible to unauthorized third parties. This includes in particular the selection of a secure password (at least eight characters consisting of upper case letters, lower case letters, numbers and special characters). It is the Reseller’s responsibility to ensure that the Service is used exclusively by authorized persons via their user account.

9.5. The Reseller undertakes to provide all information to Mobile Internet Germany truthfully. If the data provided changes during the term of the contract, the Reseller shall immediately change the data stored in its user account.

9.6. In the event of an official intervention or the existence of a legal obligation to provide information resulting from a contingent resold by the Reseller, the Reseller shall be obliged to support Mobile Internet Germany in fulfilling its obligations.

9.7. As a commercial reseller, the Reseller is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB).

10) PRICES, PAYMENT

10.1. The prices stated on the website are in dollar inclusive the statutory value added tax. The prices stated on the Website at the time of the order shall apply.

10.2. The reseller can choose between the following payment methods:

– Crypto currencies (i.e. USDT, BTC, ETH, LTC).
– Credit cards (VISA, Mastercard)
– PayPal

10.3. Any refunds shall be automatically arranged by Mobile Internet Germany to the payment method used by the Reseller for payment or to the associated bank account.

11) INTELLECTUAL PROPERTY

11.1. Signs, company names, texts, images, graphics, videos, layouts and other works used by Mobile Internet Germany generally constitute intellectual property of Mobile Internet Germany.

11.2. Without the express permission of Mobile Internet Germany, the Reseller shall in particular not be entitled to reproduce, make publicly accessible or – against payment or free of charge – make available to third parties any signs, company names, texts, images, graphics, videos, layouts and other works owned by Mobile Internet Germany.

11.3. The restrictions resulting from clauses 11.1. and 11.2. shall not apply if and to the extent that the relevant action of the Reseller is mandatory for the purposes of the contractual relationship between Mobile Internet Germany and the Reseller or if an exhaustion principle regulated by law or recognized by case law is relevant.

12) DISCLAIMER / LIMITATION OF LIABILITY

12.1. Mobile Internet Germany shall be liable without limitation for intent and gross negligence. For ordinary negligence Mobile Internet Germany shall only be liable for damages resulting from

12.1.1. injury to life, body and health,

12.1.2. the violation of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the contractual partner regularly relies and may rely),

12.1.3. the violation of provisions of the German Data Protection Regulation (DSGVO) as well as

12.1.4. the violation of provisions of the Product Liability Act (ProdHaftG).

12.2. In the event of a simple negligent breach of essential contractual obligations, the liability of Mobile Internet Germany shall be limited to the amount of the foreseeable, typically occurring damage.

12.3. Apart from that, the liability of Mobile Internet Germany is excluded.

12.4. The above limitations of liability shall also apply in favor of the legal representatives and vicarious agents of Mobile Internet Germany.

13) DATA PRIVACY, UNENCRYPTED COMMUNICATION

13.1. Mobile Internet Germany shall process the personal data of the Reseller and, if applicable, of persons belonging to the Reseller in accordance with the statutory provisions on data protection – in particular the General Data Protection Regulation (DSGVO).

13.2. Communication between Mobile Internet Germany and the Reseller shall preferably take place digitally via unencrypted communication channels (esp. conventional e-mails and messenger services), which offer lower confidentiality and security compared to encrypted communication channels.

14) FINAL PROVISIONS

14.1. The contractual relationship shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

14.2. Should individual provisions of these GTC including this provision be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.

14.3. If the Reseller is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from and in connection with contracts concluded under these GTC shall be the registered office of Mobile Internet Germany.