These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms.
Please click on the button marked “I have read and agree to the terms of service” at the end of the order process. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These terms were last amended on 3rd June 2016.
These Terms, and any Contract between us, are only in the English language.
In these Terms, “Business Days” means any day that is not Saturday, Sunday or a bank or public holiday in the United Kingdom or United States of America.
1. INFORMATION ABOUT US
1.1 We operate the website https://www.trustedproxies.com. We are Appstractor Corporation (UK) Limited trading as Trusted Proxies, a company registered in England and Wales under company number 07250556 and with our registered office at 3 Stirling Court, Stirling Way, Borehamwood, Herts, WD6 2FX, UK. Our main trading address is 252 The Kinetic Center, Theobald Street, Borehamwood, Herts, WD6 4PJ, United Kingdom. Our VAT number is 108838986.
1.2 To contact us, please see our Contact page https://www.trustedproxies.com/contact-us/.
2. OUR PRODUCTS AND ACCEPTABLE USE
2.1 All Products shown on our site are subject to availability. We will inform you by e-mail within 3 Business Days of your order if the Product you have ordered is not available and we will not process your order if made.
2.2 Use of our Products is subject to our No Black Hat: Acceptable Use Policy. We specifically note that we do not allow accessing any kind of pornography (even legal) or access to online gambling sites using our Products.
2.3 You will not use our Products in breach of the No Black Hat: Acceptable Use Policy and you will not do any act or omission that will cause, or could be expected to cause, any search engine to block, blacklist or ban any of our proxy servers or IP addresses.
2.4 We may, without compensating you, either:
(a) suspend use of your Product and notify you in writing as soon as possible after doing so;
(b)terminate any Contract with you immediately on written notice, if you breach, or we reasonably anticipate that you will breach, clause 2.3.
3. USE OF OUR SITE
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. WARRANTY AND ENTIRE AGREEMENT
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 To place an order on our site, you need to go to our shopping cart page (https://customers.trustedproxies.com/cart.php) and follow the steps. Your order will be deemed placed when you click on the “Complete Order” button. You may also place orders by telephone.
6.2 Our online order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.3 After you place an order online, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.4. No contract, agreement or obligation exists upon us until we have explicitly accepted your order as described in clause 6.4.
6.4 We will send you an e-mail with your account details or other written confirmation that we have accepted your order (Confirmation). The Contract between us will only be formed when we send you the Confirmation. Pre-payment by you does not obligate us to accept the order. If we do not accept the order, we will refund your payment within 1 Business Day of telling you that we have not accepted it. We may reject your order for any reason and are not obligated to disclose a reason.
6.5 If we are unable to supply you with a Product, for example because that Product is no longer available or because of an error in the price on our site as referred to in clause 9.4, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Product, we will refund you the full amount within 2 Business Days.
7. OUR RIGHT TO VARY THESE TERMS
7.1 We may revise these Terms from time to time on 14 days’ notice in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements;
(c) for any other reason.
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
8. ACTIVATION OF ORDER
8.1 We will use reasonable endeavours to activate orders by the end of the Business Day following the day we receive the order (Standard Activation Time). If we expect it to take longer than this, we will email you by the end of the Standard Activation Time with an updated estimate for activation. Occasionally the Sales and Billing departments have a company wide holiday, in which case order activation could be delayed. In such an instance, there will be full details on the automated email you will receive when you order online.
9. PRICE OF PRODUCTS
9.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of the Product(s) you ordered, please see clause 9.4 for what happens in this event.
9.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Confirmation.
9.3 The price of a Product excludes VAT. VAT will be payable where we are obliged to levy it. Where VAT is payable, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
9.4 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
10. HOW TO PAY
10.1 For the initial purchase, you can pay for Products using the payment methods listed on our shopping cart page or you can pay us over the telephone.
10.2 Payment for Products is in advance unless we agree otherwise.
10.3 You will be able to use the Products you purchase until the end of the billing cycle you choose when you place your order (Billing Cycle) unless we suspend use of the Product or terminate a Contract part way through the Billing Cycle. Unless you cancel your Product under clause 11.1 or 11.2 or we suspend use of the Product or terminate the Contract, your right to use the Product will then auto-renew at the beginning of the next Billing Cycle unless otherwise stated or agreed. Approximately 3 days before the end of the Billing Cycle, you will be emailed an invoice for the next Billing Cycle.
10.4 One time purchases auto-cancel at the end of the subscription period and you will not be charged again.
10.5 If you have an automated payment method set up, that will be used to automatically settle the invoice and you will be emailed a receipt.
10.6 If you do not have an automated payment method set up, you are responsible for ensuring the invoice is manually paid on or before the due date.
10.7 Although most services are auto-renewing, it is not guaranteed that your payment method is auto-paying. We will remind you of that after sign-up.
10.8 If you do not pay an invoice on time we may: (a) suspend use of your Product and notify you in writing as soon as possible after doing so; or (b) terminate any Contract immediately on written notice.
11.1 You may cancel your Product without penalty within the first 7 days from ordering and receive a 100% refund for all Products except “metered” Products such as the Big-G Stealth Extractor and the Proxy Server Cloud services. For metered Products, you will receive a pro-rata refund for unused credit only. If you have used up or exceeded your month’s allocation within those first 7 days, then there will be no refund at all. We will make refunds within 2 Business Days of confirmation that a refund is due.
11.2 After the first 7 days from ordering, you may cancel a Product at any time by giving one month’s notice to cancel the next Billing Cycle.
11.3 When you cancel a Product, it will not be renewed at the end of the Billing Cycle after your notice period, and your Product will continue to the end of that Billing Cycle. Subject to clause 11.1, no pro-rata refunds are made for Products cancelled part way through the Billing Cycle. Example 1: You are on a monthly billing cycle, that renews on the 1st of each month. You give one month’s notice to cancel on 15 May. You cancellation would come into effect on 15 June, so you would still be required to make your next payment on 1 June, and your product would terminate on 30 June. Example 2: You are on a quarterly billing cycle, that last renewed on 1 May. You give one month’s notice to cancel on 15 May. Your cancellation would come into effect on 15 June. You would not be required to make any more payments, and your product would terminate on 31 July.
11.4 We may:
(a) suspend use of your Product at any time and notify you in writing as soon as possible after doing so;
(b) terminate a Contract at any time immediately for any reason on written notice.
11.5 Subject to clause 11.6, if we suspend use of your Product or terminate a Contract part way through a Billing Cycle, we will provide a pro-rata refund for the unused portion of the relevant Product.
11.6 If we suspend use of your Product or terminate a Contract under clause 2.4, 10.8, 12.1 or 13.2, or because you have otherwise materially breached the Contract, clause 11.5 will not apply.
12. BANDWIDTH LIMITS
12.1 Different Products have different bandwidth limits usually dictated by the type of proxy server and its designated use which are monitored and enforced. The bandwidth limit for your Product will be stated on the relevant product pages and shopping cart page of our website. If you exceed it and we believe you are abusing the system, we may, without compensating you: (a) suspend use of your Product and notify you in writing as soon as possible after doing so; or (b) terminate any Contract with you immediately on written notice. This is typically only an issue with video streaming. If you intend to video stream, you should use a Product that is designed for streaming and has higher bandwidth limits.
12.2 Bandwidth limits for non-streaming Products are designed to be high enough so that regular usage for the designated purposes will never even get close to being exceeded. We are not trying to trick you. Our aim is to prevent abuse and to ensure we can continue to supply a stable and reliable service to all our other customers.
13. SEARCH ENGINE RANKING SOFTWARE MODES
13.1 It is an express condition of use of our Products, that any software that runs any automated queries to search engines is always run in “Be Nice to Search Engines” or “Human Emulation” or equivalent mode. This means queries are sent no more frequently than every 50 seconds, or if your software supports it, random intervals of every 40 to 50 seconds. Our Technical Support department may also specify some other settings depending on your software. These settings may be varied over time by our Tech Support department due to changes in Search Engine algorithms, and you agree to implement these changes as soon as is reasonably possible, but in any event, within a maximum of two business days. This applies to all of our proxy servers, regardless of which you order, except for the Big-G Stealth Extractor and Proxy Server Cloud Products, which have their own limits, described on their Product pages on our site.
13.2 Some proxy servers explicitly state in their descriptions on the relevant product page or shopping cart page on our website that they are not to be used with search engine software, in which case you may not do so, and if you do, it is a breach of these terms, and we may, without compensating you:
(a) suspend use of your Product and notify you in writing as soon as possible after doing so;
(b) terminate any Contract with you immediately on written notice.
14. SERVICE REPLACEMENT
14.1 For the purposes of this clause 14:
(a) A Non-Dedicated Plan means a plan under which we give you access to servers that may also be accessed by other customers
(b) A Dedicated Plan means a plan under which we give you access to servers whose IP address(es) are allocated to you only for the specified agreed purpose.
14.2 If a proxy server on a Non-Dedicated Plan should become blocked, blacklisted or banned (together a “Ban”; “Banned” shall be construed accordingly) for any reason, we may replace it at our discretion but, subject to clause
14.3, are not obliged to do so. This is regardless of whether the Ban was caused by your act or omission, or by the act or omission of other customers on the shared service. 14.3 For customers running search engine reports on Non-Dedicated Plans, i.e. virtual Dedicated Plans, occasional temporary Bans are an implied risk, and we would not automatically make replacements. Instead you would be expected to wait a few hours for the Ban to clear. Only if it can be shown that the Ban is permanent and not directly or indirectly caused by your act or omission, will we make appropriate replacements. To avoid these risks, customers can upgrade (or order in the first place) Dedicated Plans.
14.4 You are responsible to use our Products responsibly to ensure they do not get Banned by any search engine or other website. You are obliged to implement any settings set out within these Terms and any other required settings we bring to your attention from time to time. We are not under any obligation to replace any proxy servers that are Banned by any search engine or other website.
15. OUR LIABILITY
15.1 We make no warranties as to the service availability of any of our proxy servers or other Products or that their use will be error free.
15.2 Unless we agree otherwise, we only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
15.3 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other form of liability that we cannot limit or exclude by law.
15.4 Subject to clause 15.3, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with a Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
15.5 Subject to clause 15.3 and clause 15.4 , our total liability to you in respect of all other losses arising under or in connection with a Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price you have paid for the Products under the relevant Contract in the 12 months prior to the date of the event giving rise to liability occurs.
15.6 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.
16.2 An Event Outside Our Control means any act or event beyond our reasonable control.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you;
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our ability to give you access to the Products, we will give you access to the Products as soon as possible after the Event Outside our Control ends.
17. COMMUNICATIONS BETWEEN US
17.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
17.2 Any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
18. OTHER IMPORTANT TERMS
18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6 These Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
18.7 We will not file a copy of the Contract between us.