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 MobileProxyNow, represented by Niels van Veen, c/o Postflex #8764, Emsdettener Str. 10, 48268 Greven, Germany (hereinafter referred to as “MobileProxyNow”) and its contractual partners in the form of commercial resellers (hereinafter referred to as “Resellers”). These GTC shall apply in their current version at the time of the conclusion of the contract. For end customers (hereinafter referred to as “End Customers”) using the services of MobileProxyNow, separate terms and conditions apply, which can be accessed at https://mobileproxynow.com/terms.

1.2. Any conflicting or deviating terms of the Reseller shall not apply to the concluded contracts, even if MobileProxyNow has not expressly objected to them.

1.3. If the parties agree to any deviations from these GTC, such agreements shall take precedence over the provisions of these GTC in case of doubt. Such agreements must be made in text form to be valid.

1.4. MobileProxyNow reserves the right to amend these GTC, even for ongoing contractual relationships, if this becomes necessary due to changes in the legal situation, court rulings, or market conditions. In such cases, Resellers will be informed about the planned changes by e-mail. The GTC will be attached to the e-mail, highlighting the planned changes. Resellers have the option to object to the planned changes within 14 days of receipt of the e-mail. If Resellers do not exercise the right to object within this period, the changes shall be deemed to have been tacitly accepted. This legal consequence will be expressly pointed out to Resellers in the corresponding e-mail. If Resellers object to the changes, MobileProxyNow shall be entitled to terminate the contract prematurely for cause.

1.5. If the parties reach agreements that deviate from these GTC, such agreements shall take precedence over the provisions of these GTC in case of doubt. Deviating agreements must be made in text form to be effective.

1.6. These GTC apply in their current version at the time of the conclusion of the contract. For questions about these GTC or our service, Resellers can reach us at support@mobileproxynow.com.

1.7. Resellers are responsible for complying with the legal regulations in their respective countries.

2. SUBJECT OF THE CONTRACT

2.1. MobileProxyNow is a provider of mobile data switching services in the form of so-called proxy services against payment. Resellers receive quotas for the use of MobileProxyNow’s proxy services (hereinafter referred to as “Service”) to resell them to end customers. This allows end customers to connect to the Internet via a mobile proxy server. The functional scope of the Service is detailed in the current Service description, available at https://mobileproxynow.com.

2.2. MobileProxyNow provides Resellers with quotas for the use of the Service, which are intended for resale to their end customers. The specific scope of the contingents (data transmission speed, transmission standard, data volume, IP rotation, and number of permitted users) depends on the product selected by the Reseller and is detailed on the website at https://mobileproxynow.com.

2.3. MobileProxyNow provides the Service “as is” and does not guarantee specific quality, availability, or legality of the Service. Resellers are solely responsible for ensuring that the services they offer and resell comply with all applicable laws and regulations. MobileProxyNow is not liable for any disputes or issues arising from the use of the Service by the Resellers or their end customers.

2.4. Resellers are obliged to comply with all applicable laws when using and reselling the Service and must ensure that their end customers also adhere to these legal regulations. MobileProxyNow reserves the right to change, expand, limit, or discontinue the Service at any time. In the event of a significant limitation or discontinuation, Resellers have the right to terminate the contract with immediate effect.

3. CONCLUSION OF CONTRACT

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

3.2. MobileProxyNow confirms receipt of the order immediately by sending 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”). With the order confirmation, MobileProxyNow also provides the Reseller with all information essential for the contract.

3.3. MobileProxyNow stores the contract text, including these General Terms and Conditions and all essential contract information, after the conclusion of the contract. This information will be made available to Resellers in the order confirmation.

3.4. The conclusion of the contract is in English.

3.5. MobileProxyNow stores the communication between Resellers and the company for a period of 70 days. This storage is solely for the purpose of improving service quality and resolving any disputes. The data will be automatically deleted after this period unless there are legal retention obligations.

3.6. Resellers are obliged to provide complete and correct information when placing the order. This obligation also applies during the registration process. MobileProxyNow reserves the right to reject orders if there are reasonable doubts about the correctness or legality of the information provided.

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. MobileProxyNow 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 MobileProxyNow so that the Reseller can log in again at any time using their access data.

4.4. Resellers are obliged to keep their access data, including the password, confidential and ensure that they are not accessible to unauthorized third parties. This includes, in particular, choosing a secure password (at least eight characters, consisting of uppercase and lowercase letters, numbers, and special characters). It is the Reseller’s responsibility to ensure that the platform is only used by authorized persons through their user account.

4.5. Resellers are obliged to inform MobileProxyNow immediately about any unauthorized use of their user account or other security breaches. MobileProxyNow is not liable for damages resulting from unauthorized use of the user account, unless these are due to the fault of MobileProxyNow.

4.6. Resellers have the option to delete their user account at any time. Upon deletion of the user account, all personal data that do not have to be stored due to legal retention obligations will be deleted.

4.7. By subscribing to our newsletter, Resellers agree to receive regular information about our products and services via email. Resellers can unsubscribe from the newsletter at any time by using the corresponding link in the email or by contacting us.

4.8. If the Reseller is already a customer and has provided their email address in connection with a purchase, we use this to send information about similar products or services. The Reseller can object to the use of their email address at any time by using the corresponding link in the email or by contacting us.

4.9. We reserve the right to send you system-relevant emails that contain important information about the use of our platform or changes to the terms and conditions. These emails may include reminders when your plan is about to expire, satisfaction surveys, offers for assistance, or similar. These emails are necessary for the provision of our service and cannot be unsubscribed from.

5. ORDERING PROCESS

5.1. The Reseller can select and order the desired services by adding them to the shopping cart by clicking the appropriate button. To complete the order, the Reseller must access the shopping cart to continue with the ordering process. In the shopping cart, the Reseller can change the quantity of services or remove selected services at any time.

5.2. All input fields and payment provider selections are completed on a single checkout page. After clicking the “order with obligation to pay” button, the Reseller is redirected to the payment service provider’s gateway if using external providers like cryptocurrency. For PayPal, a separate popup window opens. Credit card information is entered directly on the checkout page.

5.3. Until clicking the “order with obligation to pay” button, the Reseller can correct their entries or refrain from submitting the contract declaration.

5.4. After completing the order process and successful payment, Resellers will receive an order confirmation by email, containing all essential information about the order, including the GTC. The contract is concluded upon receipt of this order confirmation.

5.5. The services will be made available to resellers immediately upon successful payment, unless otherwise agreed. If the services require manual processing by the team, they will be provided within 24 hours. The fulfillment of the contract begins upon delivery of the services.

5.6. Resellers must ensure that the data they provide is correct and that they have access to the specified email address in order to receive the order confirmation and further information about the contract.

5.7. MobileProxyNow reserves the right to reject orders, particularly in case of suspicion of abusive use of the platform or incomplete or incorrect information provided by Resellers.

6. SERVICE LEVEL, MAINTENANCE

6.1. MobileProxyNow endeavors to provide its Resellers with a service that is as uninterrupted as possible. MobileProxyNow assures end customers who obtain access to the service directly from MobileProxyNow a certain availability of the service as outlined in Section 6 of the Terms of Use (available at https://mobileproxynow.com/terms). 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 MobileProxyNow 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 MobileProxyNow an equivalent (partial) refund for the contingents purchased in accordance with Section 6.3 of the Terms of Use. For the calculation of the (partial) refund, the fee paid by the Reseller to MobileProxyNow shall be decisive and not the fee which the Reseller has received from the end customer. This shall apply irrespective of the Reseller’s pricing.

6.3. Scheduled maintenance work that results in an interruption of service will usually be performed by MobileProxyNow on Sundays.

6.4. The Reseller is obliged to inform MobileProxyNow immediately of any impairments in availability. MobileProxyNow will endeavor to remedy the impairments without undue delay. There is no claim for restoration of availability as long as the guaranteed availability is ensured.

7. TERMS OF USE FOR END CUSTOMERS

7.1. In connection with the resale of the contingents 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://mobileproxynow.com/terms. 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 MobileProxyNow.

7.2. In this case, the Terms of Use primarily regulate the obligations of the End Customer when using the Service. MobileProxyNow 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 MobileProxyNow shall be exclusively liable vis-à-vis the End Customer. Claims of the Reseller against MobileProxyNow shall remain unaffected.

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

7.4. MobileProxyNow reserves the right to decline support requests if they are unreasonable, abusive, or disrupt normal operations. This includes, but is not limited to, repetitive requests that have already been addressed or issues that do not pertain to the service provided by MobileProxyNow.

7.5. MobileProxyNow shall not be liable for any damages or losses resulting from delays or failures in providing support, unless such delays or failures are due to intentional misconduct or gross negligence on the part of MobileProxyNow.

8. RESALE

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

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. MobileProxyNow shall not provide the Reseller with any distribution systems, tools or infrastructure. MobileProxyNow 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 MobileProxyNow. 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 MobileProxyNow in an appropriate manner and shall, upon request, provide MobileProxyNow 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 MobileProxyNow.

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 MobileProxyNow.

8.8. If the Reseller provides end customers or third parties with information about MobileProxyNow or the Service, the Reseller shall ensure that such information is truthful and corresponds to the information published by MobileProxyNow 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. They undertake 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 they 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 uppercase and lowercase 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 MobileProxyNow 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 MobileProxyNow 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 US Dollars ($) and include 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:

Cryptocurrencies (i.e., USDT, BTC, ETH, LTC)
Credit cards (VISA, Mastercard)

10.3. Payment must be made directly after placing the order. The payment process is handled by the selected payment service provider. Resellers are responsible for ensuring that sufficient funds or payment options are available.

10.4. The Reseller is responsible for the accuracy and timeliness of their payment information. MobileProxyNow is not liable for delays or complications caused by incorrect or incomplete payment information.

10.5. In case of unsuccessful payment, MobileProxyNow reserves the right not to activate the affected services or to suspend existing services until the payment is successfully completed.

10.6. In the event of a valid refund, amounts paid using cryptocurrencies will be refunded exclusively in USDC (ETH ERC-20), regardless of the cryptocurrency used. Refunds for payments made via PayPal or credit card will be processed through the respective payment service provider used by the Reseller.

11. INTELLECTUAL PROPERTY

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

11.2. Without the express permission of MobileProxyNow, 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 MobileProxyNow.

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 MobileProxyNow 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. MobileProxyNow shall be liable without limitation for intent and gross negligence. For ordinary negligence, MobileProxyNow shall only be liable for damages resulting from:

12.1.1. injury to life, body, or health;
12.1.2. the violation of an essential contractual obligation (an 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 General Data Protection Regulation (GDPR); and
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 MobileProxyNow shall be limited to the amount of the foreseeable, typically occurring damage.

12.3. Otherwise, the liability of MobileProxyNow is excluded.

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

12.5. MobileProxyNow shall not be liable for lost profits, indirect damages, consequential damages, or claims by third parties.

12.6. The aforementioned limitations of liability do not apply if MobileProxyNow has fraudulently concealed a defect or has assumed a guarantee. The same applies to claims under the Product Liability Act (ProdHaftG).

13. DATA PRIVACY, UNENCRYPTED COMMUNICATION

13.1. MobileProxyNow 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 (GDPR).

13.2. Communication between MobileProxyNow and the Reseller shall preferably take place digitally via unencrypted communication channels (e.g., conventional emails and messenger services), which offer lower confidentiality and security compared to encrypted communication channels. The Reseller acknowledges this and agrees to it.

14. SUPPORT

14.1. In case of problems or questions regarding the platform, the Reseller can contact the support team of MobileProxyNow. Support is available via email at support@mobileproxynow.com and through the messaging service Telegram.

14.2. MobileProxyNow strives to process support requests as quickly as possible. However, the Reseller has no entitlement to a response within a specific time frame.

14.3. The Reseller is required to provide accurate and complete information about their issue when making a support request to enable prompt processing.

14.4. MobileProxyNow reserves the right to reject support requests if they are inappropriate or hinder the normal operation of support.

14.5. MobileProxyNow assumes no responsibility for any losses or damages that the Reseller may incur due to delays or failure to receive support services, unless these are attributable to the fault of MobileProxyNow.

15. FREE TRIAL PERIOD

15.1. Resellers have the option to offer the service once free of charge for a period of 60 minutes from activation. The service provides the same scope of functions during the trial period. To utilize the free trial period, the Reseller must request it via Telegram, email, or other contact options provided by MobileProxyNow.

15.2. Each Reseller may utilize the free trial period only once. It is expressly prohibited to use the trial period more than once.

15.3. There is no legal entitlement to the use of the trial period. MobileProxyNow reserves the right to exclude Resellers from the trial period at any time without justification or to discontinue the possibility of trial use altogether.

16. USAGE FEES, ACTIVATION, RENEWAL

16.1. 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 in advance by the Reseller.

16.2. The service shall be activated for the Reseller immediately after MobileProxyNow has received or credited the usage fee for the selected usage period. However, in exceptional cases, activation may take up to 24 hours after receipt of the usage fee by MobileProxyNow.

16.3. At the end of the selected usage period, the Reseller’s usage option is automatically withdrawn. However, the Reseller has the option to extend the usage period at any time by placing a new order via the website. Provided that the usage fee is received by MobileProxyNow or credited to MobileProxyNow prior to the expiry of the previous usage period, the Reseller may continue to use the service without interruption. MobileProxyNow will notify the Reseller of the expiration of the current usage period by e-mail or Telegram a few days or a few hours before the expiration of the usage period, depending on the usage period selected.

17. CONTRACT PERIOD, TERMINATIONS

17.1. The contract period is determined by the usage period selected by the Reseller on the website and ranges between 1 and 365 calendar days. If the Reseller has purchased access to the service through MobileProxyNow, the contract period will be based on the usage quota purchased by the Reseller. Ordinary termination during the contract term is excluded.

17.2. The right to extraordinary termination for good cause remains unaffected. A good cause that entitles MobileProxyNow to extraordinary termination exists, in particular, if the Reseller repeatedly violates any obligation arising from these GTC, specifically violations related to illegal activities or breaches of obligations as outlined in Section 8 of these GTC.

17.3. In the event of extraordinary termination by MobileProxyNow, the Reseller is obliged to cease using the service immediately. MobileProxyNow reserves the right to block the Reseller’s account and delete all stored data, provided there are no legal retention obligations.

17.4. Termination must be in text form (e.g., email) and becomes effective upon receipt by the recipient.

17.5. Upon expiration of the contract period, the Reseller will no longer have access to the service. Any fees paid in advance will not be refunded unless there is a specific agreement or legal claim.

18. RIGHT OF WITHDRAWAL FOR DIGITAL SERVICES

18.1. Resellers generally have the right to withdraw from this contract within fourteen days without giving any reason.

18.2. However, the right of withdrawal expires prematurely if MobileProxyNow has fully performed the service and has begun to perform the service only after the reseller has given their express consent and at the same time has confirmed their knowledge that they lose their right of withdrawal with the beginning of the performance of the service.

18.3. For digital services, such as access to the mobile proxy service, the reseller explicitly agrees by accepting these GTC that MobileProxyNow begins performing the service immediately after the conclusion of the contract and that the right of withdrawal is thus lost. The reseller will be explicitly informed of this during the order process and must confirm this by clicking a corresponding checkbox.

18.4. To exercise the right of withdrawal, the reseller must inform us (MobileProxyNow, represented by Niels van Veen, c/o Postflex #8764, Emsdettener Str. 10, 48268 Greven, Germany, Email: support@mobileproxynow.com) by means of a clear statement (e.g., a letter sent by post or email) of their decision to withdraw from this contract.

18.5. End customers, to whom the reseller sells the services, do not have a right of withdrawal against MobileProxyNow. The reseller is solely responsible for informing their end customers about the terms of the right of withdrawal and ensuring that they understand the relevant information. MobileProxyNow assumes no liability for claims or withdrawal rights of end customers arising from the reseller’s provision of services.

18.6. To meet the withdrawal deadline, it is sufficient for the reseller to send their communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

18.7. Withdrawal Form

If the reseller wishes to withdraw from the contract, please complete this form and return it to MobileProxyNow.

To:
MobileProxyNow
Niels van Veen
c/o Postflex #8764
Emsdettener Str. 10
48268 Greven
Germany
Email: support@mobileproxynow.com

I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service (mobile proxy service).
Ordered on ()/received on ()
Name of the reseller
Address of the reseller
Signature of the reseller (only for notification on paper)
Date
(*) Delete as appropriate.

19. FINAL PROVISIONS

19.1. The contractual relationship shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

19.2. Should any provision of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions. In place of the invalid or unenforceable provision, the valid and enforceable provision that most closely reflects the economic purpose of the invalid or unenforceable provision shall be deemed agreed. The same applies to any gaps in the provisions.

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

19.4. Amendments and supplements to these GTC must be made in writing. This also applies to the waiver of this written form requirement.

19.5. For information on how MobileProxyNow processes personal data, please refer to our privacy policy, which is available at https://mobileproxynow.com/privacy.

20. CONTACT INFORMATION

20.1. For questions regarding these GTC or our service, you can reach us at the following contact details:

MobileProxyNow
Niels van Veen
c/o Postflex #8764
Emsdettener Str. 10
48268 Greven
Germany
Email: support@mobileproxynow.com