User Agreement
PUBLIC CONTRACT
ABOUT PROVIDING A SOFTWARE DELIVERY SERVICE
1. GENERAL TERMS AND CONDITIONS
1.1. Company offers an indefinite circle of individuals-visitors to the website go-proxy.com / (hereinafter referred to as the site) enter into a public agreement (hereinafter referred to as the agreement) for the provision of software supply services (hereinafter referred to as the service).
1.1.1. a user is an individual who visits the site without the company’s client status;
1.2.this agreement is an accession agreement on the terms established by the company within the meaning of Article 634 of the Civil Code of Ukraine.
1.3.the user’s consent to the conclusion of the agreement and the acceptance of its terms is to send a request to the company for the provision of the service through the communication channels defined on the site (hereinafter referred to as the request).
1.4.the user’s acceptance of this agreement grants them the status of a client.
1.5. acceptance of this agreement by the visitor is an unconditional consent to any condition of this Agreement, and a prerequisite for contacting the company with a request to provide services.
1.6.in this agreement, the software delivery service (code 77264000-3 DC 021:2015 Unified purchasing dictionary) is providing customers with access to special software (hereinafter referred to as software), which makes it possible to perform indirect requests to other network resources.
1.7. personal data of visitors and clients are processed by the company in accordance with the Privacy Policy of the site, which is drawn up in compliance with the requirements of the law of Ukraine “on personal data protection”, the standard procedure for processing personal data of the Commissioner for human affairs of the Verkhovna Rada of Ukraine and the regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 “on the protection of individuals in connection with the processing of personal data and on the free movement of such data (General Data Protection Regulation)” (GDPR).
1.8. the Company, visitors and customers are referred to together as parties and separately as parties.
2. PROCEDURE FOR PROVIDING SERVICES
2.1.the company provides the service on the basis of the client’s request, which must contain information about the selected operator and tariff plan, and pay a one-hundred-percent deposit for it. The company has 24 (twenty-four) hours to respond to the request.
2.2.the company must provide the client with the service within 24 (twenty-four) hours after providing a response to the request and confirming receipt of remuneration.
2.3.the company provides the service to the client in accordance with the procedure and term in accordance with the tariff chosen and paid for by them.
3. REMUNERATION AND SETTLEMENT PROCEDURE
3.1.the amount of remuneration and the period of use of the service is determined in accordance with the cost and duration of tariffs located on the site.
3.2.the amount of remuneration is indicated in US dollars and paid in UAH in accordance with the official exchange rate of the NBU against the US dollar on the day of payment of remuneration.
3.3.the client undertakes to pay the company’s remuneration in the form of a 100 (one hundred) percent deposit for the service using the internet acquiring system via the Monobank platform (Universal Bank JSC) to the company’s current account.
3.4.to confirm the fact of payment of remuneration and provision of the service, the client can receive an electronic receipt by entering their email address in a special form provided by the monobank platform.
4. RIGHTS AND OBLIGATIONS
4.1. the company has the right to:
4.1.1. receive remuneration for the services rendered in accordance with the procedure and term specified in this Agreement;
4.1.2. change the cost of tariffs and / or tariff plans unilaterally;
4.1.3. suspend, block or prohibit the use of the software provided by the company to the client, if the operation of such software leads or may lead to accidents, security violations or terms of Service;
4.1.4. suspend the provision of services in whole or in part, if the load created by the provided computing power, as well as incoming or outgoing internet traffic, creates unacceptable conditions for the operation of the company’s technical means or affects the quality, including security, of the provision of services to other customers of the company;
4.1.5. terminate the provision of services during the term of this Agreement for the purpose of scheduled maintenance of communication facilities and other equipment used for their provision;
4.1.6. terminate the provision of services during the term of this Agreement if the client has violated its obligations under this Agreement.
4.2. the company must:
4.2.1. provide services to clients in accordance with the procedure and time period specified in this offer;
4.2.2. process personal data of visitors and customers in accordance with the site’s Privacy Policy.
4.3. the client has the right to:
4.3.1. receive services in accordance with the procedure and conditions specified in this Agreement;
4.3.2. apply to the company with a request to return the remuneration for a poorly rendered service;
4.3.3. try out free 3 (three) hour access to the service, if the company will be able to provide it.
4.4. the client must:
4.4.1. provide remuneration to the company in accordance with the procedure and term specified in this Agreement;
4.4.2. use the services in accordance with this Agreement, the legislation of Ukraine and do not perform any of the following actions:
publication or transmission of any information whose dissemination contradicts the legislation of Ukraine and/or international law;
publishing, transmitting, or viewing pornographic materials;
email spam, as well as other types of spam;
Brutus, carding, phishing, any type of hacking;
using software for downloading using torrent clients;
using the software for payment systems and online banking;
performing actions aimed at disrupting the normal functioning of elements of the internet (computers, other equipment or software);
performing actions aimed at obtaining unauthorized access to an internet resource (computer, other equipment or information resource), further use of such access, as well as destruction or modification of data on this resource.
4.5. prohibited:
4.5.1. use it to achieve the following goals::
4.5.1.1 calls to forcibly change or overthrow the constitutional order or seize state power; calls to change the administrative borders or state border of Ukraine, violation of the procedure established by the Constitution of Ukraine; calls to pogroms, arson, destruction of property, seizure of buildings or structures, forced eviction of citizens; calls to aggression or resolution of a military conflict.
4.5.1.2. obscene direct and indirect insults in someone’s direction, in particular those based on ethnic, racial or religious affiliation, as well as statements of a chauvinistic nature.
4.5.1.3. offensive behavior and expressions in relation to the company.
4.5.1.4. placing orders and advertising:
goods and services that violate the current legislation of Ukraine and/or the intellectual property rights of third parties.
goods and services that do not comply with this Agreement.
Trojans, viruses, Internet Worms, programs for hacking or unauthorized access to information, as well as other “hacker” programs that can harm the software and/or components of Information Systems.
related to sending spam, as well as developing software for carrying out such mailings.
consumers of which are subjects from the Russian Federation and the Republic of Belarus.
4.5.1.5. publication of the following information:
explicit and hidden advertising of third-party sites, including referral links and links to similar sites.
ads for quick earnings.
any messages and announcements related to the receipt of illegal income, in particular income from committing fraudulent actions.
any messages and announcements containing information about the illegal distribution of Narcotic Drugs, Psychotropic Substances, their analogues and precursors.
containing obscene language.
which provokes conflicts based on political, racial, religious, national or other hostility.
which violates the rights of legal copyright holders.
inappropriate distribution of advertising information in private messages.
projects created to attract people to MLM and pyramid schemes.
projects and vacancies related to the provision of intimate services, as well as the Production, Broadcasting or retransmission of erotic, pornographic photo, video and audio materials.
projects and vacancies related to the activities of religious sects, as well as the provision of occult services.
projects and vacancies that provide for earning money using webcams, chats and forums, if their activities contradict the current legislation of Ukraine.
projects and vacancies related to the performance of work or provision of services in the field of pandering.
contests related to the production of erotic and/or pornographic materials.
4.6.if the company’s services are used for prohibited activities, the company stops providing relevant services to the client and transfers the client’s data to law enforcement agencies to bring the person to justice.
5. SUPPORT AND REFUND SERVICE
5.1.the support service is open from 10.00 to 17.00 Kiev time.
5.2.requests from users are accepted through the Telegram @goproxy_com account with the ability to respond to the request within 24 (twenty-four) hours.
5.3.if the service is unavailable for more than 24 (twenty-four) hours in 1 (one) calendar month, the company provides compensation in the amount of non-working time, for example: the server did not work for 48 hours, we will compensate you for 48 hours.
6. INTELLECTUAL PROPERTY
6.1.the company grants the client a non-exclusive license for the right to use the software for the entire duration of the agreement throughout the world from the moment of the client’s consent to conclude the agreement.
6.2. the client has the right to use the software in any way, without violating the legislation of any country and the terms of this agreement;
6.3.the cost of granting the right to use the software is included in the amount of remuneration.
6.4.the client is obliged not to grant other individuals and/ or legal entities the right to use the software under a sublicense.
7. DISCLAIMER OF WARRANTIES
7.1. The Company shall not be held liable:
For the quality and uninterrupted functioning and availability of certain segments of the Internet supported by third parties;
For direct or indirect damage (including lost profits) caused to the Customer in connection with the use or non-use of the Services;
For the availability of information posted by the Customers for all segments of the Internet due to the peculiarities of the functioning of segments supported by third parties;
For the information posted by the Customer and the operability of software installed without the Company’s participation.
For the performance and compatibility of software developed by the Customer or third parties;
For third parties’ access to the Customer’s confidential information, including credentials, which occurred through the Customer’s fault, as well as for the consequences of such access;
For any damage of any kind incurred by the Customer due to the disclosure of his/her credentials;
For the accuracy of personal data provided by the Customer;
For the performance of third-party software;
For any arbitrary software failures or errors generated by the Software, as a result of which the Customer’s Service was suspended or the Service was not provided in full;
For any arbitrary failures in the power grids supplying the hardware required for the Software to function and in the Internet connection;
The Company shall not be a defendant or a co-defendant if the Customer’s actions causes financial, moral, or physical damage to third parties.
8. FORCE MAJOR
8.1. The Parties shall be exempted from liability for non-fulfillment and/or improper fulfillment of obligations under this Agreement in the event of force majeure circumstances, such as adoption by the state authorities of regulations that significantly impede the fulfillment of the Agreement, earthquakes, floods, fires, typhoons, hurricanes, military actions, mass diseases (epidemics, epizootics), transportation restrictions, ban on trade operations with certain countries as a result of international sanctions, destruction of hardware and/or software through which the Company provides services, as well as in case of other similar circumstances that are beyond the reasonable control of the Parties (hereinafter referred to as the “Force Majeure”).
8.2. A Party affected by Force Majeure shall notify the other Party within five days from the date of occurrence of such circumstances.
8.3. In the event of Force Majeure, the term for the Parties to fulfill their obligations under this Agreement shall be extended proportionally for a period equal to the duration of such Force Majeure event and/or its consequences.
8.4. A Party referring to Force Majeure shall provide a document issued by a competent state authority or the relevant chamber of commerce or its branch to prove such an effect.
8.4.1. If the Company refers to the destruction of hardware and/or software, it shall not provide documentary evidence of this.
9. TERM OF AGREEMENT AND MODIFICATIONS
9.1. The Agreement shall enter into force from the moment of the Visitor’s accession to this Agreement and shall continue until termination of the Agreement by one of the Parties.
9.2. The Parties may terminate the Agreement by mutual consent.
9.3. The Company may terminate the Agreement at its sole discretion by notifying the Customer 10 (ten) calendar days prior to the desired date of termination via the means of communication used by the Customer to contact the Company.
9.4. The Customer may terminate the Agreement at will by notifying the Company 20 (twenty) calendar days prior to the desired date of termination via the means of communication used by the Customer to contact the Company.
9.5. The Company reserves the right to modify this Agreement at any time and in any manner without prior notice and/or consent of the Visitors and Users. Any changes shall come into effect from the moment the effective date changes at the bottom of the page.
10. FINAL PROVISIONS
10.1. The Parties may not transfer their rights and obligations arising from the entering into this Agreement to any Third Party.
10.2. If one or more provisions of this Agreement are held to be void or invalid, the other provisions of this Agreement shall not be affected.
10.3. This Agreement is executed in two counterparts (versions), in Ukrainian and English. In the event of any discrepancies in the interpretation of the provisions of this Agreement, the Ukrainian language version shall prevail.
10.4. All terms used but not otherwise defined in this Agreement shall be interpreted in accordance with the laws of Ukraine and business practice.
11. CONTACT INFORMATION
03.10.2023
