Terms of Service

Updated: 01/12/2020

The Agreement: The terms in this “Agreement” are (“Terms”) between. (“we”, “us”, “our” or “ABC-VPN”) and the organisation or individual who is agreeing to these (“Terms”), (“You” “User” or “Customer”). The terms govern access and use of ABC-VPN  services, this includes any ABC-VPN  software and services ABC-VPN  provide to Customer through software, applications or otherwise (all of which may be provided directly by Abc-Vpn or through 3rd party service providers and can be collectively referred to as the (“Service”), (“Services”), (“Use”)

The terms of the agreement between you and ABC-VPN constitute a legally binding agreement between both parties. Please note if you visit www.abcvpn.co.uk and register for, or install any software (or) use our “Services” on any platform or device you agree to be bound by these (“Terms”). Under these (“Terms”) ABC-VPN allows the (“Customer”) to use (“Services”). If there is any reason you do not agree to these (“Terms”) or provisions of any of the (“Services”), then please do not install and do not use our (“Services”).

Please note by using ABC-VPN (“Services”), you acknowledge and accept all the provisions set out in the “Privacy Policy”. Our “Privacy Policy” is published on our website https://abcvpn.co.uk/privacy-policy “Web-page” all these terms are incorporated into and subject and provisions of this agreement.

Please note that by agreeing to the (“Terms”) of use with regards to any of our (“Services”) on behalf of an organisation, you are agreeing on behalf of the stated organisation. Please note “You” must have the permission and authority of the organisation to do so, please note in doing so, this will bind the stated organisation to these (“Terms”), if you do not have the authorisation of the stated organisation, please do not sign up for the (“Services”).

 (“The Services”) – We request the (“Services”) we provide are to be used at the sole discretion of the (“User”) and that (“Use”) is adhered to in conjunction with any local, regional or international “Laws”, “Governance” or “Regulations “pertaining to the Country” the (“Services”) are accessed from. The (“Services”) provided are “digital” network services for communication or transactional purposes. These services help enhance internet security and privacy. ABC-VPN do not accept any liability in any form for the actions of its (“Customers”) while using Services, this includes criminal liability or civil liability, for any harm effected or intended to any person/s or organisations while using the (“Services”).

The Support: To be updated by VPN Reseller

Obligations (“Customer”)The (Customer”) is responsible for the following:

  1. Relating to the “Use” of the (“Services”) by the customer and in agreement with the (“Terms”) set out in this “Agreement” the (“Customer”) must pay all fees accordingly.
  2. The (“Customer”) should maintain good administration and security practices while using the (“Services”).
  3. The (“Customer”) should herewith never allow a 3rd party access to their “Licence” or (“Services”) or information that would compromise the security of the (“Services”) provided.
  4. The “Customer” will not attempt to reverse engineer and (“Services”) or “Software” in any way.
  5. Services in a manner or under circumstances where use or failure of (“Services”) could lead to physical damage, death, or personal injury or use (“Services”) in a manner that would violate the applicable governing laws, users should never create a substitute or similar service through the (“Services”) or ABC-VPN , or violate any ethics of ABC-VPN

The License: “The Licence” granted to the (“User”) is non-transferable, it is non-exclusive, “The “Licence” is none-recoverable, you cannot sub licensable (“The Licence”) or use the software out with the (“Terms”) set out in this “Agreement”. ABC-VPN does not tolerate unlawful, criminal or fraudulent activities whilst using this service. The (“Customer”) has the control to provide any login details of their service, therefore are responsible for use of the Services by respective end users. The (“Customer”) must comply with the governing laws and regulations applicable to the use of service set out in this document. The (“Customer”) will nor carry out any actions that may cause ABC-VPN to violate any governing laws. At the sole discretion of ABC-VPN any resulted misuse of the (“Service”) may result in suspension or termination of the end user’s account, then ABC-VPN may terminate it itself. Any such breach may be breach that’s forces the (“Service”) of ABC-VPN to be terminated may be view as breach of terms.

Web Services (Customer Access): The (“Customer”) accepts and acknowledges ABC-VPN (“Service”), including, but not limited to, the selection, appearance, content or any assembly and, or functionality specific the web services, are the sole ownership of ABC-VPN or companies they may partner with and have 3rd party agreements. Customer must respect and adhere to any laws in relation to any protection of copyright or intellectual property.

Requests (Third Party): The Customer agrees and acknowledges their responsibility to respond to any specific request from third party for records relating to Customer’s or an end user’s use of (“Service”), this includes any legal request for information relating to terms of service. If ABC-VPN receives a Third-Party Request, it is accepted that under the governing law they will be required to provide this information under these terms herewith set out.

Payments: Please Note: Customers may lose access to the service set out in these terms and conditions if they don’t keep up regular payments.

ABC-VPN provides subscription-based services over an agreed period, the customer agrees by choosing the (“Service”) and period to these terms and conditions. Payments are reoccurring and dependant of the choice of service, these (“Services”) may automatically renew unless notification or action is taken by the end user to cancel these (“Services”). In these circumstances any payments are non-refundable unless it is required under governing law set out in these terms and conditions.

Notice of Changes to Pricing:  From time to time we may change our charges, adding new charges for features or in circumstance where legal requirements have changed and require us to do so. When we do, you will be provided with notice of our intention, any changes will be reflected in any recurring subscription fees. Please note while we provide the same service to you under your subscription, no changes will be made until the end of the agreement period, in the cases where you don’t agree with the increases you may cancel your agreement at the end of your subscription period, but not before.

Tax. Under law any associated taxes deemed payable are the responsibility of the end user or services provider where applicable.

Term of Service: The (“Subscription Period”) is the period you sign up to at the time of registration.

Terms are effective from the date of sign up, at this time the Customer accepts the (‘Terms and Conditions’) set out in the (“Agreement”). Upon sign up (“The Service”) period will continue till the end of the agreement and will be automatically renewed at the end of the subscription period chosen by (“Customer”) upon registration, unless and until terminated in accordance with the provisions of Section “Termination”.

Automatic Renewals. Following the initial Subscription Period, the subscription to (“Service”) will automatically renew repeating the length of the previous Subscription Period, unless either party gives the other written notice of termination at least ten (14) days prior to the expiration of the then-current (“Service”) term. If the (“Customer”) has not provided a payment method to ABC-VPN for recurring charges as provided in Section “Payments”, (“Customer”) ABC-VPN may suspend these service within 3 days of the payment not being received. ABC-VPN may then terminate the (“Services”) and (“Agreement”) within 7 days, Notifications on none payment will be provided via automated services emails and status notification, available in the (“Customers”) account.

Intellectual Property Rights/Ownership: The (“Customer”) provides permission to ABC-VPN the use of the (“Customer”) name and any brand details for the purposes of marketing our (“Service”) in materials and documentation such as testimonials or any other online publications. If the (“Customer”) does not want any specific materials published, then they must notify in writing to ABC-VPN at support@abcvpn.co.uk.

ABC-VPN do not allow or grant any rights or use, of any copyright or intellectual property provided as part of the VPN (“Service”) this includes 3rd party providers, providing(“Service”) on behalf of ABC-VPN.

Termination: Either party may terminate these (“Terms”) if:

  • The other party is in breach of the “Agreement” or the breach fails to be rectified within (30) notice of written receipt.
  • ABC-VPN may terminate these Terms and, or suspend (“Customer”) account if the other party ceases trading, or becomes insolvency, is bankrupt, or is being wound up. 90 day’s notice is required in any of these circumstances.
  • If ABC-VPN suspect the end user is inappropriately using the (“Service”) or is involved in any criminal activities during the use of the service.

Consequences of Termination: When termination is actioned for reasons associated with use of the (“Service”), this will be carried out without prejudice to any other terms set out in this agreement.

Consequences of termination are as follows:

  • All rights and licenses provided by ABC-VPN to the (“Customer”) will cease as per provided notification of termination date.
  • After termination and as per terms ABC-VPN shall delete, make unrecoverable (or) anonymize any end user accounts and other data relating to (“Customer”) account in a commercially reasonable period, copies may be retained under these terms if required to do so in accordance with any applicable laws or, and data regulations.
  • If the (“Customer”) should wish to terminate the (“Services”), they are required to provide 14 days notification prior to their next payment and monthly renewal date. Failure to provide notification within the agreed period will result in the customer being invoiced for a further months subscription to the service.

Confidentiality: Regarding any information disclosed by any party to another party during the (“Subscription Period”), inclusive of any written, oral or pre agreement information, regardless of how it was communicated, this also includes any information (“Confidential Information”).

The confidentiality does not apply in the following circumstances

  • It becomes publicly available through none personally associated breaches of terms
  • The receiving party already has lawful possession prior to any disclosure, and this has in no way been associated with a personal breach of ((“Terms”).
  • Information that is lawfully disclosed to a receiving party by a third party on a non-confidential basis.
  • When it is necessary to comply with any enforced law, request by court or, requests by government agencies or related third parties, in these cases all disclosure requests should be made in writing, providing a reasonable notice period.

The receiving party of any such information:

  • The use of the confidential information is only for the purposes set out in the (“Terms”) of use.
  • In the strictest of confidence keep the information private
  • Not to disclose any information to any 3rd party
  • Be diligent and thoughtful when using any information
  • You may require it for the purpose of providing (“Service”) to communicate with and allow access to Confidential Information, in the cases of individuals, employees, and legal entities each party shall be responsible for any breach of the confidentiality. All parties have a responsibility and is obligated by the (“Terms”) set out to keep confidential information private
  • You are required to have the disclosing party’s prior consent if you intend to make any copies of any information or change it in anyway.

Warranty Disclaimers: All (“Service”) and software are provided to the full extent permissible by law. All warranties are disclaimed, including, but not limited to, implied, statutory, merchantability, fit for specific purpose, none-infringement and any trade warranties, usage or other. Without any limitation, we do not warrant nor represent the service provided will meet all requirements of an end user, nor that the software or (“Service”) will be interrupted or error free, or that any defects in the software and (“Service”) will be corrected.

You acknowledge we have no control over your use of the software and (“Service”), therefore you accept responsibility and agree to use the software and (“Service”) in accordance with the (“Terms”).

Limitation of Liability: In the use of the software there are potential risks while transmitting or retrieving data and or content over the internet, its important you understand these risks prior to any use of ABC-VPN (“Service”).

Please accept to the extent permitted by law ABC-VPN , its suppliers, partners, resellers, distributors and any other service provider involved in the usage and provision of the software and services will not be liable under these ((“Terms”) ) for any indirect, punitive, incidental, special, consequential damages arsing from the use of the software and the (“Service”) associated contract or in wrongdoing, not limited to negligence. This includes and Loss of data, any associated profit, sales or business, directly or indirectly and even when the (“User”) or (“Customer”) was aware damages were possible or probable and to such ends and fix or remedy fails based on its essential purpose of use.

Please note in any cases of liability collective or aggregated, damages shall under no circumstances exceed the amount of subscription payments paid during the contractual term (12 Months in total)

Indemnification: Arising out of any claim against ABC-VPN and its affiliates relating to (“User”) or (“Customer”) use of Services in violation of these Terms. The (“User”) (“Customer”) will indemnify and render ABC-VPN harmless from any and all liabilities, damages, and costs (including settlement costs and legal fees). ABC-VPN  will indemnify and render the (“User”) (“Customer”) harmless from and against all claims, liabilities, costs, damages, or any judgment or proceeding against the (“User”) (“Customer”) and affiliates from or related to allegation that ABC-VPN  ’ technology infringes or misappropriates any right of a third party, copyright, patent, or trademark. ABC-VPN in no circumstances will have any liabilities or obligations arising from the use of any (“Services”) in any form.  In “Limitation of liability”, ABC-VPN liabilities, damages and costs under the provision of are limited to the same amount. In cases where the indemnified party are aware of pending claims, they should provide reasonable notice and cooperate during the settlement claim.

General Terms: In good faith both parties should endeavour to resolve any claim or dispute amicably, its agreed by both parties any dispute over 90 days, entitles any party to refer the claim for final resolution to the courts of Scotland – United Kingdom. The parties agree that these Terms will be governed by the laws of Scotland

Modification to Terms: ABC-VPN may revise these (“Terms”) without any liability, (“Customer’s”) have access to the published and up to date version posted on our website and dated. We will communicate with you by email or notification on our website that (“Terms”) have changed or been updated. All revised terms will become active from the date published. It will be accepted that by the (“Customers”) continual use of the (“Services”) they agree to the new published (“Terms”).

Class Action Waiver: Under the applicable law, class arbitrations, class action lawsuits, private actions, or any other proceeding where legal representatives act in a capacity for the collective are not allowed.

Notice and Communication: Any notice shall be given in writing, by e-mail or recorded delivery Please note, Notices to Customer will be sent to the (“Customer”) to the applicable registered email account and it’s the responsibility of the customer to keep their contact details up to date by notifying ABC-VPN  at email address support@abcvpn.co.uk  all other communications and requests should also be addressed to support@abcvpn.co.uk alternative address details are on our website.

Data Protection: All data laws apply and the (“Customer”) is responsible to adhere to the laws. This includes but is not limited to providing end users relating to the processing of personal and (or) company information. The provision of (“Service”) to Customer may be subject to the EU General Data Protection Regulation (2016/679). Any related information on data and how we deal with your data can be viewed on our website.

The Agreement: (“Terms”) set out constitute the understanding and agreement between respective parties. At any time the (“Terms”) may supersede previous communications, verbal understandings, both oral and written or any related representations, agreements or arrangements. Any attachments or amendments relating to, Privacy Policy, Data Processing Agreement, Customer invoices provided, are hereby incorporated into the (“Terms”) by this reference.

Please accept nothing in these (“Terms”) shall be considered as grounds for joint ventures and partnerships.

Assignment: No delegation or obligation should be performed under these (“Terms”), and please note, neither party should assign (“Right”) or (“Interest”) under these (“Terms”). Any request to do so should be requested prior to any potential consent.

In any cases of corporate restructuring, mergers, acquisitions or any type of sale of assets the (“Customer”) acknowledges and agrees that ABC-VPN uses third party services providers, this may include (“Service Providers”) providing (“Server Services”), in order to provide (“Services”). Please note ABC-VPN at any time can assign rights and obligations under these (“Terms”) to selected third party without (“Customer’s”) consent.  

Waiver: Please note inclusive of both parties the failure to execute or delay exercising any right or solution in relation to these (“Terms”) or applicable law, shall not constitute or be accepted as a waiver of that right or solution to an issue, a waiver of any other right or solution or in any way affect the integrity of these (“Terms”).

Salvatorius: Under provision of these (“Terms”) if any are found to be unenforceable or invalid, the provision shall be included with the ability to limited or eliminated the minimum extent necessary, thus deeming the (“Terms”) shall remain valid and enforceable.

Force Majeure: Under (“Terms”) the (“Customer”) (“User”) is obligated to maintaining payments on a regular basis. Out with this, if any party is prevented from performing any (“Service”)  due to circumstances beyond reasonable control, including, without limitation to, civil unrest, Government restrictions, communication errors or failures, internet service providers actions or failures, wars, labour disputes or any other acceptable reasons or acts of god, the defaulting party will be excused for the time delay in providing the services or performance for a reasonable acceptable timescale.

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