Stay private & protected wherever you go

1.1
“Agreement” means the Customer Agreement (including the Contract Summary and any Schedules) between Plan and the Customer.

1.2
“Supplier” means the third-party provider of the VPN client applications and VPN server infrastructure used to deliver the VPN Service.

1.3
“User” means an end user permitted by the Customer to use the VPN Service on a compatible device.

1.4
“VPN Service” means the virtual private network service supplied by Plan using Supplier client applications and server infrastructure.

2.1
The VPN Service is a standalone, optional subscription service offered by Plan and is not part of the Core Services, Contract Summary or Core Charges under the Agreement unless expressly stated otherwise.

2.2
The VPN Service is ordered through the Platform or such other ordering method as Plan may make available.

2.3
Activation occurs when the VPN profile is provisioned and a User signs in to the Supplier’s client application.

2.4
Device compatibility, operating-system support and app-store availability are determined by the Supplier’s client applications.

3.1
The VPN Service is supplied on a rolling monthly subscription basis commencing on the activation date and continuing until cancelled in accordance with clause 6.

3.2
No minimum term applies unless expressly agreed in writing.

4.1
The VPN Service is chargeable from the activation date at the monthly price published by Plan or otherwise agreed with the Customer from time to time.

4.2
Unless expressly stated otherwise, the VPN Service charge does not form part of the Core Charges.

4.3
If activation or cancellation occurs part-way through a Billing Month, the charge for that month shall be pro-rated by reference to the number of days the VPN Service is active.

4.4
Charges for the VPN Service are billed and collected in the same billing cycle and manner as other charges under the Agreement unless Plan notifies the Customer otherwise.

5.1
Unless expressly incorporated into the Core Charges, the VPN Service charge is not subject to the CPI or other price-adjustment mechanisms in the Contract Summary.

5.2
Plan may vary the monthly charge for the VPN Service by giving not less than 30 days’ prior notice.

5.3
If the Customer does not agree to a price change, it may cancel the VPN Service with effect from the end of the notice period.

6.1
The Customer may cancel the VPN Service at any time by giving notice through the Platform or such other method as Plan specifies.

6.2
Cancellation takes effect at the end of the then-current Billing Month unless Plan confirms an earlier effective date.

6.3
The Customer will remain liable for all charges accrued up to the effective date of cancellation.

6.4
Cancellation of the VPN Service does not terminate the Agreement.

7.1
Subject to payment of the applicable charges, Plan grants the Customer a non-exclusive, non-transferable right for its Users to access and use the VPN Service during the subscription term.

7.2
The Customer shall not, and shall ensure Users do not, copy, modify, reverse engineer, decompile, disassemble or create derivative works of the Supplier’s applications, except to the extent that such restriction is prohibited by law.

8.1
The Customer shall ensure the VPN Service is not used to violate law, infringe intellectual-property rights, transmit malicious code, interfere with networks or services, evade law-enforcement or sanctions, or breach platform and app-store rules.

8.2
The Customer is responsible for its Users’ use of the VPN Service and for safeguarding access credentials.

9.1
The Customer acknowledges that the VPN Service is delivered using Supplier client applications and infrastructure and that use of the Supplier’s applications is subject to the Supplier’s end-user licence terms, acceptable-use policy and privacy notices as updated from time to time.

9.2
The following terms are incorporated by reference and shall be flowed down by the Customer to its Users as a condition of use:

    9.2.1
    The Supplier’s end-user licence or terms of use for the VPN client applications.

    9.2.2
    The Supplier’s acceptable-use policy.

    9.2.3
    The Supplier’s privacy notice applicable to client-side telemetry, diagnostics and app-store data.

    9.2.4
    The applicable app-store terms governing download, installation and use of the Supplier’s applications.

9.3
Where there is any inconsistency between the Supplier terms referenced in clause 9.2 and these VPN Product Terms, the app-store and Supplier terms govern distribution and use of the Supplier’s applications, and the Agreement governs the commercial relationship between Plan and the Customer.

9.4
Plan may suspend or restrict the VPN Service where instructed by the Supplier, where required to address security, legal or policy issues, or to prevent harm.

10.1
The VPN Service provides encrypted transport between the User’s device and the Supplier’s servers. It does not guarantee access to any particular third-party content or the avoidance of geo-blocking, throttling or filtering imposed by third parties.

10.2
Performance depends on device, local connectivity and server load. Speeds, latency, availability, server locations and protocols may vary and are not guaranteed.

11.1
The Customer shall ensure that use of the VPN Service complies with all applicable laws and regulations, including those relating to cryptography, export, re-export and sanctions.

11.2
The VPN Service shall not be used from embargoed territories or by restricted parties.

12.1
Plan will share limited Customer and User data with the Supplier and its sub-processors to provision and support the VPN Service, including account identifiers, subscription status, device or application identifiers and limited diagnostic data.

12.2
To the extent the Supplier collects telemetry and app-store data directly via its client applications, the Supplier acts as an independent controller for that processing and its privacy notices apply. Plan acts as a controller for its own processing, including subscription, billing and support, and Plan’s Privacy Notice applies.

12.3
The Customer shall provide all necessary notices to Users regarding the processing described in this clause and shall ensure Users accept the Supplier privacy notices referenced in clause 9.2.3.

13.1
The Supplier operates the VPN client applications and server infrastructure. Plan does not audit or control the Supplier’s codebase or infrastructure and gives no assurance regarding the Supplier’s internal logging or operational practices.

13.2
The Customer remains responsible for endpoint security, device configuration and network policies.

14.1
The Supplier may update client applications, protocols and server locations. Plan may reflect such updates without this constituting a detrimental change to Core Services.

14.2
Plan may modify, suspend or withdraw the VPN Service where required by the Supplier or by law, or on reasonable security grounds.

15.1
The VPN Service is provided “as is” as a third-party service. To the maximum extent permitted by law, all implied conditions and warranties are excluded.

15.2
Plan passes through to the Customer any Supplier warranties to the extent permitted and on the same terms.

16.1
Unless expressly stated in the Agreement, no service-level commitments apply to the VPN Service. Supplier maintenance windows or interruptions shall not constitute a breach by Plan.

17.1
All rights in the Supplier’s applications, software, configurations and branding remain with the Supplier or its licensors. No rights are granted other than the limited right to use the VPN Service in accordance with these terms.

17.2
Plan branding used with the VPN Service remains Plan’s property.

18.1

‍The Customer shall indemnify Plan against losses arising from third-party claims caused by the Customer’s or a User’s unlawful use of the VPN Service or breach of clauses 7, 8, 10, 11 or 12.

19.1
Subject to clause 19.2, each party’s aggregate liability arising out of or in connection with the VPN Service in any Contract Year shall be limited to the charges paid or payable for the VPN Service in that Contract Year.

19.2
Nothing in these terms limits or excludes liability that cannot be limited or excluded by law.

20.1

‍Plan may suspend or terminate the VPN Service immediately for material breach, unlawful use, non-payment, or where required by the Supplier or by law. Plan will notify the Customer where lawful and practicable.

21.1

‍The Supplier’s applications may include open-source or third-party components subject to their own licences. The Customer and Users shall comply with any such licence terms surfaced within the applications.

22.1
If there is a conflict, the Agreement takes precedence over these VPN Product Terms, which take precedence over website and marketing materials and any inconsistent Plan policy documents.

23.1
These VPN Product Terms apply separately from, and do not amend, the Agreement.

23.2
Plan shall give notice of any material change and the Customer may cancel the VPN Service in accordance with clause 6 if it does not agree to the change.

24.1
These VPN Product Terms are governed by and construed in accordance with the governing-law and jurisdiction provisions of the Agreement.

25.1
Notices relating to the VPN Service may be given via email, the Platform or in-app communications within the Supplier’s applications, provided that legal notices under the Agreement must follow the Agreement’s notice provisions.

25.2
The Customer shall provide reasonable assistance to ensure Users accept and comply with the flow-down terms referenced in clause 9.2 and shall ensure that the Supplier’s applications are uninstalled when the VPN Service is cancelled or terminated.