1. Parties to the agreement.
The Agreement is concluded between the online service for the exchange of digital currency, hereinafter referred to as the Contractor – for one part, and the Customer, represented by a person who used the services of the Contractor, – for the other part.
2. List of terms.
2.1. Digital Currency Exchange – automated product of the online service, which is provided by the Contractor under these rules.
2.2. Customer – a natural person, agreeing to the terms of the Contractor and this agreement that it enters into.
2.3. Digital currency – a standard unit of a particular payment systеm, which corresponds to the calculations of electronic systems and indicates the scope of rights corresponding to a specific agreement on electronic payment systеm and its Customer.
2.4. Application – information transmitted by the Customer for use of the Contractor’s funds in electronic form and indicating that he accepts the terms of use of the service offered by the Contractor herein.
2.5. The moment of receipt of the digital currency is the time of reflection of the digital currency transferred by the Customer according to his Request on the details (account) specified by the Contractor. Please note that in some payment systems, funds are considered received, and the Contractor can fully dispose of them only after receiving confirmations from the service network (for example, the BTC network). In this case, the time of receipt of the first confirmation from such a network is taken as the time of receipt of the title characters.
3. Terms and conditions of the agreement.
These rules are considered to be subject to the conditions of the public offer, which enters into force at the time of submission of an application by the Customer and is one of the main components of this agreement. The information about the conditions of application submission specified by the Contractor, is a Public offer. The main part of a public offer are actions made in the completion of the application submission by the Customer showing his exact intentions to make a transaction on the terms proposed by the Contractor before the end of this application. Time, date, and parameters of the application are created automatically by the Contractor by the end of application submission. The proposal should be accepted by the Customer within 24 hours before the end of formation of the application. Service agreement comes into force from the moment of receipt of digital currency in the full amount specified in the application, from the Customer according to the details set forth by the Contractor. Transactions with digital currency are accounted according to the rules, regulations and format of electronic payment systems/ The agreement is valid for a period which is set from the date of submitting the application and continued until terminated by either party.
4. Matter of the agreement.
Using technical methods, the Contractor undertakes to perform digital currency exchange for a commission from the Customer, after the submitting the application by this person, and makes it through the sale of digital currency to persons wishing to purchase it for the money amount which is not lower than that in the application submitted by the Customer. The Contractor undertakes to transfer money according to the details specified by the Customer. In case when a profit occurs at the time of exchange, it remains on the account of the Contractor, as an additional benefit and a premium for commission services.
5. Additional provisions.
5.1. If an amount different from the amount indicated in the application is credited to the Contractor’s account, the Contractor makes a recalculation that corresponds to the actual receipt of the digital currency. Applications in which 10-100 times less digital currency was sent (for example, 0.5 BTC was indicated in the application, and 0.05 BTC was received) will be paid minus 10%, that is, the commission for recalculation of the amount received after the fact will be deducted. The Contractor, in agreement with the Customer, in such cases (if the Customer is not satisfied with the fine) He also has the right to terminate the contract unilaterally and all funds received from the Customer are returned to the Customer‘s details, taking into account the deducted amount for commission costs for making the transfer.
5.2. Should the digital currency not be sent by the Contractor to the specified details of the Customer within 24 hours, the Customer has the full right to demand the termination of the agreement and cancel the application, thereby making the return of digital currency on its account in full. Application for termination of the agreement and return of digital currency is performed by the Contractor in the event that the money has not yet been transferred according to the details of the Customer. In case of terminating the agreement, the return of e-currencies is made within 24 hours of receipt of the application for termination of the agreement. If a delay in the return occurred through no fault of the Contractor, it will not take responsibility for it.
5.3. If no digital currency arrives from the Customer to the Contractor within the specified period from the date of submitting the application by the Customer, the agreement between the parties shall be terminated by the Contractor unilaterally, since the agreement does not enter into force. There may be no notice about it sent to the Customer. Shall no digital currency arrive to the details of the Contractor after the deadline, then such funds are transferred back to the account of the Customer, and all commission expenses associated with the transfer are deducted from that amount.
5.3.1. If the digital currency transferred by the Customer to the Contractor‘s details freezes in the payment systеm (for example, funds were reflected in the Contractor‘s account but there are no network confirmations for a long time) and as a result of such an expectation, the exchange rate on the request changed by more than 2% of the market rate in effect at the time of receipt of the digital currency, as a result of which the Contractor is unable to sell the received digital currency according to clause 4 of these Rules, the Contractor has the right to offer the Customer the following solution: a) Recalculate the rate on Request according to the rate, valid at the time of receipt of the digital currency in accordance with paragraph 2.5 and adjust the amount of payment on request b) Terminate the contract for the exchange of digital currency and return the funds received to the Customer‘s details, taking into account the deduction of the amount for commission costs for making the transfer. Such a solution, in agreement with the Customer, can be applied to the situation described in clause 5.3.
5.4. If there is a delay in the transfer of funds to the account details specified by the Customer, through a fault of a payment systеm, the Contractor shall not be liable for any damage caused as a result of a delayed transfer. In this case, the Customer shall agree that all claims would be referred to the payment systеm, and the Contractor shall provide assistance as far as possible under the law.
5.5. In case of forgery of communication flows, or due to influence in order to degrade the performance of the Contractor, namely its software code, the application is suspended, and the money transferred are subject to resettlement in accordance with the agreement in effect. Shall the Customer not agree to the resettlement, he has every right to terminate the agreement and the digital currency shall be transferred to the account details specified by the Customer.
5.6. In the case of using the services of the Contractor, the Customer fully agrees that the Contractor shall bear a limited liability corresponding to these rules for obtaining digital currency and give no additional guarantees to the Customer and shall have no additional liability before the Customer. Accordingly, the Customer shall not bear an additional liability to the Contractor.
5.7. The Customer agrees to comply with applicable laws and not to tamper any communication flows as well as create any obstacles to the normal operation of the program code of the Contractor.
5.8. The Contractor shall not be liable for any damage or consequences of an erroneous transfer of e-currency in the event that Customer have specified wrong details during application submission.
6. Warranty period
The guaranteed execution time of the application is 24 hours from the moment of the receipt of the entry of the title signs to the account of the Contractor, unless otherwise agreed.
7. Contingencies.
In the case where unforeseen circumstances that contribute to non-compliance with terms of the agreement by the Contractor during the processing of the Customer’s application, the timing of application accomplishment are delayed for the corresponding period of the duration of the force majeure. The Contractor is not responsible for overdue obligations.
8. Form of agreement.
Both parties, represented by the Contractor and the Customer, shall take this agreement as an agreement equivalent to the validity of the contract designated in writing.
9. Usage of cards of England, Germany and the United States.
For cardholders from England, Germany and the United States, the arrangements for the transfer of digital currency are extended for an indefinite period, corresponding to the period required for full verification of cardholder data. For the whole period the money is not subject to any transactions and are retained in full in the account of the Contractor.
10 Claims and disputes.
Claims under this agreement are received by the Contractor in the form of e-mail where the Customer specifies the essence of the claim. This mail is sent to the details specified on site of the Contractor.
11. Exchange transactions performance.
11.1. It is expressly prohibited to use the services of the Contractor to carry out illegal transfers and fraud. At the conclusion of this agreement, the Customer agrees to comply with these requirements and to be criminally liable in the case of fraud under the laws in force.
11.2. In case of inability to fulfill orders automatically, through no fault of the Contractor, such as lack of communication, lack of funds, or erroneous data of the Customer, the money is transferred to the account within the next 24 hours or returned to the account details of the Customer, net commission expense.
11.3. On demand the Contractor is entitled to release information on the transfer of electronic currency to law enforcement bodies, administration of payment systems, as well as to victims of misconduct, victims of proven judicial fraud.
11.4. The Customer agrees to submit all the documents proving his identity, in case of suspicion of fraud and money laundering.
11.5. The Customer agrees not to interfere with the work of the Contractor and not to cause damage to its hardware and software, as well as the Customer undertakes to provide accurate information to ensure compliance with all terms of the agreement by the Contractor.
11.6. The Contractor has the right to perform an AML check of assets received from the client for the presence of high risk. For the purposes of these rules, high–risk assets (transactions) are assets (transactions) with total risk (such as: Dark Service, Stolen Coins, Fraud Shop, Illegal Actor/Organization, High–Risk Jurisdiction, Lending Contract, Dark Market, Illegal Service, Mixer, Ransom, Scam, Terrorism Financing, Gambling, Fraudulent Exchange, Sanctions, Child Exploitation, Enforcement action and others) equal to 30% or more. If the total risk is from 30% to 50%, the Contractor applies discounting to the settlement rate in the range from 1% to 2%, if the total risk exceeds 50%, the contractor has the right to initiate the KYC procedure according to the current KYC/AML policy. When conducting AML checks, the Contractor has the right to use special third-party services/programs for such checks, for example https://amlbot.com/ru , https://crystalblockchain.com .
12. Liability disclaimer.
The Contractor shall have the right to refuse to sign the agreement and accomplish the application, to break an agreement concluded earlier, without explanation. This paragraph shall apply with respect to any client.
