Terms and Conditions
1. Preamble
The sole proprietorship Timo Bohlmann located in Hürdengasse 9, 2514 Möllersdorf, Austria (hereinafter referred to as "COMPANY") offers Proxy and VPN services (hereinafter referred to as "SERVICES").
These Terms and Conditions are only addressed to persons who wish to use the services for professional purposes, i.e. entrepreneurs in the sense of section 1 Abs 1 number 1 KSchG („Austrian Customer Protection Act“) (hereinafter referred to as “CUSTOMERS”).
In order to avoid a compulsory use of the SERVICES, they are not offered to consumers (in the sense of section 1 Abs 1 number 2 KSchG).
For the purpose of better readability, no gender-specific differentiation is made. This is done without any intention of discrimination. All genders are equally addressed.
2. Scope of application
All business relations between the COMPANY and the CUSTOMER in connection with the acquisition and use of the SERVICES are subject to this Terms and Conditions in the version applicable at the time of the conclusion of the transaction. Any deviating terms and conditions of the CUSTOMER shall not apply unless the COMPANY has agreed to their validity in writing.
Contractual, ordering and business language is English.
3. Conditions of use
The CUSTOMER is obliged to provide true and complete information in the course of the business relationship and to keep his data up to date at all times. He shall treat his data confidentially. If the CUSTOMER suspects misuse by third parties, he must inform the COMPANY immediately.
The CUSTOMER shall refrain from all actions that could endanger or impair the technical provision of services of the COMPANY (including cyber attacks). Such behaviour will be legally prosecuted.
It is the CUSTOMER's responsibility to create the necessary electronic infrastructure (in particular e-mail account as well as hardware and software infrastructure) for using the services. This also means that the CUSTOMER has the necessary software and hardware equipment to use the SERVICES. The COMPANY shall have no obligation to provide information or advice in this regard.
4. Prohibition of improper use
It is strictly forbidden to use the SERVICES for illegal purposes. A violation of this rule can lead to an extraordinary termination of the contractual relationship. Furthermore, the COMPANY may in this case initiate criminal proceedings against the CUSTOMER.
5. Offer and conclusion of contract
By clicking the button "Buy now" and entering the required data in the input mask, the CUSTOMER makes a binding offer to conclude a contract with the COMPANY. The COMPANY is not obliged to accept this offer, but will confirm receipt of the offer ("order confirmation"). The acceptance of the CUSTOMER's offer, and thus the conclusion of the contract, is made by the COMPANY by making the services available to the CUSTOMER for download or by accepting the offer explicitly ("contracting confirmation") via email.
6. Payment modalities
The amount of the fee depends on the package chosen by the CUSTOMER.
The prices and currencies are listed on the website of the COMPANY.
Payment is made in advance for the agreed upon period. In the event of a subscription renewal, the account named by the CUSTOMER may be automatically debited.
Payments are due upon invoicing. The COMPANY is entitled to withhold its obligations from this contract for the duration of the default in payment.
The COMPANY is entitled to adjust all prices on 1.1. or 1.7. once a year to the current consumer price index. The consumer price index at the time of conclusion of the contract, which is published on the website of Statistics Austria, shall be taken as the reference.
7. Refunds
The COMPANY may at its sole discretion, offer a refund, discount or credit to the CUSTOMER.
Refund requests are handled on a case-by-case basis.
In case your request for refund is granted:
We will immediately or at the latest 14 days from the date of receiving your request, refund all payments we have received from you for this order.
This refund will use the same means of payment that you used for the original payment, unless mutually agreed otherwise.
Under no circumstances are you charged any fees for this refund.
8. Liability and warranty
The liability of the COMPANY for slightly negligent conduct is excluded.
The COMPANY's liability is limited to the amount of the order value paid by the CUSTOMER. The COMPANY is not liable for loss of profit.
The COMPANY (i) does not initiate the transmission of information, (ii) does not select the recipient of the transmitted information, and (iii) does not select nor modify the transmitted information. The COMPANY merely transmits information entered by a CUSTOMER in a communication network or provide access to a communication network. Therefore, the COMPANY shall not be liable for the information transmitted (section 13 of the Austrian E-Commerce-Act).
9. Availability
The COMPANY is obliged to make the SERVICE available to the CUSTOMER for the duration of the contractual relationship.
However, the COMPANY reserves the right to discontinue the operation of the SERVICE after reasonable notice.
If the SERVICE is temporarily unavailable and the reason for this is beyond the control of the COMPANY, the COMPANY shall not be liable for this.
The COMPANY reserves the right to maintain the SERVICE at regular intervals.
10. Service support
Unless expressly agreed otherwise, the COMPANY does not owe any service support.
11. Data protection and protection of business and trade secrets
The disclosure of data and information to the respective required business partners or legal authority is permitted to the extent necessary for the fulfilment of the contractual relationship and legal obligations (Art 6 para 1 lit b and lit c GDPR). For further information see the privacy policy.
Personal data of the CUSTOMER may be transmitted to law enforcement authorities if the SERVICES are used unlawfully.
The COMPANY draws attention to the fact that data of the CUSTOMER may be processed for advertising purposes on the basis of legitimate interests (Art 6 para 1 lit f GDPR). The CUSTOMER may object to this form of data processing at any time (Art 21 para 2 GDPR).
12. Duration of contract
The duration of the contract depends on the agreed package. If nothing else is agreed, the following applies: The contract is concluded for an indefinite period. It may be terminated with seven days' notice to the last day of any month.
The COMPANY reserves the right to suspend the SERVICE immediately if it has a strong suspicion that the CUSTOMER is using the service illegally.
13. Jurisdiction and Applicable Law
This contractual relationship is based on Austrian law and this is deemed to be agreed upon. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) as well as of conflict-of-law rules is excluded.
The exclusive place of jurisdiction shall be Vienna, Austria.
14. Change of the Terms and Conditions
The COMPANY is entitled to amend Terms and Conditions at any time. The COMPANY will inform the CUSTOMER of such amendments by sending the amended terms and conditions to the e-mail address last notified to him. The CUSTOMER has the right to object to this change. If no objection is made by the CUSTOMER within 14 days from the sending of this amendment, an implied consent to the amendment of the Terms and Conditions is to be assumed. Unilateral and factually unjustified changes to the Terms and Conditions cannot be implemented in this way.
15. Further issues
If any part of these terms and conditions should be invalid, the validity of the remaining terms and conditions shall not be affected thereby. The invalid condition shall be replaced by a valid condition that comes as close as possible to the economic intentions of both contracting parties as discernible from the agreement.
The COMPANY recommends to save these Terms and Conditions permanently.
Information pursuant § 5 Austrian E-Commerce Act:
Timo Bohlmann Hürdengasse 9 2514 Möllersdorf Austria
E-Mail: info@proxybadger.net Phone: +43 670 5594625
Legal form: Sole proprietorship Business purpose: Services in automatic data processing and information technology UID Number: ATU72449825
Member of the Austrian Economic Chambers in accordance with the respective legal provisions. Memberships in the various bodies of the Economic Chambers are listed on the official website found at https://firmen.wko.at/SearchSimple.aspx
Supervising authority: Bezirkshauptmannschaft Baden
Professional law: https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10007517