1. General

1.1. The Contractor (Us/We, the Company) shall render the Client with IT services and the operation of hardware and software components subject to the Service Level Agreements (SLAs) attached, which shall form an integral part of these Terms and Conditions.

1.2. These General Terms and Conditions (T&C) shall apply to all present and future services that the Contractor provides to the Client (You), even in individual cases, in which no explicit reference is made to the T&C upon conclusion of contract. Terms and conditions of the Client shall only apply should the Contractor agree to these in writing.

1.3. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

1.4. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy (fefeproxies.com/legal/privacy) of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

2. Scope of services

2.1. The exact scope of services of the Contractor shall be established in the respective SLA with the Client. Insofar as not otherwise agreed, the Contractor shall perform their services during their usual business hours according to the SLA. The Contractor shall arrange for the performance and availability of the services according to the respective SLA.

2.2. The appliances and technology used in the rendered services by the Contractor shall be based on the qualitative and quantitative service needs of the Client, as identified by means of the information provided by the Client. Should new needs by the Client require a change of services and/or of the technology used, the Contractor shall provide a corresponding quote at the request of the Client.

2.3. The Contractor shall be entitled to change the appliances used in the rendering of services at their discretion, insofar as this does not compromise the services.

2.4. Additional services performed for the Client by the Contractor, which exceed the agreed scope, shall be paid for by the Client according to actual staff and material costs at the usual prices of the Contractor. This shall particularly include services rendered outside of the usual business hours of the Contractor, the analysis and rectification of incidents and errors caused by improper use or operation by the Client or other circumstances, which cannot be attributed to the Contractor. Additionally, training services shall not be included in the services on principle and shall require a separate agreement.

2.5. Should the Contractor arrange for third-party services at the request of the Client, these contracts shall only be concluded between the Client and the third party based on the terms and conditions of the third party. The Contractor shall only be responsible for services they themselves render.

2.6. We expressly indicate that a barrier-free design, as defined by the Federal Law on Equality of Persons with Disabilities (Federal Disability Discrimination Act — BGStG) is not included in the quote, unless this was separately/individually requested by the Client. Should a barrier-free design not have been agreed upon, it shall be incumbent upon the Client to check the admissibility of the service with regard to the Federal Disability Discrimination Act.

3. Client obligations of cooperation and facilitation

3.1. The Client shall undertake to support all measures necessary for the rendering of services by the Contractor. Furthermore, the Client shall take measures, which are necessary for the fulfilment of the contract and are not included in the scope of services of the Contractor.

3.2. Should the services be rendered on-site on the premises of the Client, the Client shall, free of charge, provide the net components, connections, supply current incl. peak voltage equalization, emergency power supply, floor space for equipment, working spaces as well as infrastructure in the required quantity and quality (e.g. air conditioning) necessary for the rendering of services by the Contractor. In any case, the Client shall be responsible for adhering to the prerequisites requested by the respective manufacturer for the operation of hardware. Similarly, the Client shall provide room and building security, such as protection against water, fire and unauthorized access. The Client shall be responsible for special security precautions (e.g. safety cells) on their premises. The Client shall not be entitled to give employees of the Contractor instructions, regardless of nature, and shall exclusively inform the contact person named by the Contractor about all needs pertaining to the rendering of services.

3.3. The Client shall provide all information, data and documents necessary for the execution of the order in the form requested by the Contractor, on the fixed dates and at their own cost, and shall support the Contractor in problem analysis and emergency maintenance, the coordination of data processing orders and the coordination of services if requested. Changes in work processes of the Client, which might cause changes in the services to be rendered by the Contractor for the Client, shall require prior coordination with the Contractor regarding their technical and commercial effects.

3.4. Unless expressly specified in the scope of services of the Contractor, the Client shall ensure connection to the grid at their own risk and cost.

3.5. The Client undertakes to handle confidentially those passwords and that log-in information necessary for the use of the services of the Contractor.

3.6. The Client shall store all data and information given to the Contractor at their premises as well, so that these may be reconstructed at any time in case of loss or damage.

3.7. The Client shall fulfil their obligations in a timely manner such that the Contractor is not hindered in the rendering of services. The Client shall ensure that the Contractor and/or the third parties commissioned by the Contractor to render services have the necessary access to the premises of the Client. The Client shall be responsible for the employees of their associated enterprises or third parties commissioned by the Client, which are involved in the contractual fulfilment, such that these assist accordingly in contractual fulfilment.

3.8. Should the Client not fulfil their obligations of cooperation by the agreed dates or in the agreed scope, the services rendered by the Contractor shall nevertheless be considered as rendered according to contract in spite of possible limitations. Schedules for the services to be rendered by the Contractor shall be postponed to an adequate extent. The Client shall separately reimburse additional expenditures and/or costs hereby incurred by the Contractor at the respective rates of the Contractor.

3.9. The Client shall ensure that their employees and the third parties affiliated to them handle the appliances and technologies used by the Contractor as well as, if applicable, assets left to the Client with care. The Client shall be liable to the Contractor for any damage.

3.10. Insofar as no other provisions are agreed upon, facilitation and cooperation of the Client shall be free of charge.

4. Subscriptions

4.1. The service or some parts of the service are available only with a paid subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of subscription plan you select when purchasing the subscription.

4.2. At the end of each period, your subscription will automatically renew under the exact same conditions unless the Client cancels it or the Contractor cancels it.

4.3. You may cancel your Subscription renewal either through contacting us via Discord or email. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period. If You would like to cancel your subscription plan, You are required to give the Company notice at least 3 days before Your new billing month starts. If You fail to do so, You will be charged and there are no refunds.

4.4. You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

4.5. The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

4.6. Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company. For more information on our policy regarding refunds visit fefeproxies.com/legal/refunds.

4.7. The maximum amount of data allowed to use through dedicted IP-addresses is limited to 250GB per 255 IP-addresses. Any additional data costs 30€ per TB (including VAT).

4.8. We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

5. Contact

5.1. If you have any questions about these Terms and Conditions, You can contact us via email: support@fefeproxies.com.