1.Parties to the agreement.
The Agreement is concluded between the Internet service for exchange of digital currencies and title signs, 16tonn, hereinafter referred to as the Contractor, — on the one hand, and a person who has used the services of the Contractor and hereinafter referred to as the Customer, on the other hand.
2. List of terms.
2.1. Digital currency and title exchange — an automated internet service product, which is provided by the Contractor on the basis of these rules.
2.2. Customer — an individual who agrees to the terms and conditions of the Contractor and this agreement to which he/she joins.
2.3. Title mark — a conventional unit of a particular payment systеm, which corresponds to the settlement of electronic systems and denotes the scope of rights corresponding to the contract of the electronic payment systеm and its Customer.
2.4 Digital currency — a set of electronic data (digital code or designation) contained in an information systеm that can be accepted as payment.
2.5. The request — a set of information (the name of digital currency or title unit, amount, wallet details and other), transmitted by the Customer for the use of the Executor’s funds in electronic form and testifying that he accepts the terms of use of the service, which are offered by the Executor in this request.
3. Terms of Agreement.
These rules are a public offer, which is formed when the Customer submits a request and is one of the main components of this contract. The public offer refers to the information displayed by the Contractor about the terms and conditions of submitting a request. The main component of the public offer are the actions performed during the request submission by the Customer and indicating his exact intentions to make a transaction exactly on the terms offered by the Contractor. Time, date, and parameters of the request are created by the Executor automatically at the moment of finishing the formation of this request. The offer is considered to be accepted by the Customer at the end of formation of the request. The service contract comes into force from the moment of receipt of title units, digital currency or money in the full amount specified in the request from the Customer to the Executor’s requisites. Transactions are accounted for according to the rules, regulations and format of electronic settlement systems. The Contract is valid until both parties fulfill all obligations under the request, or until termination at the initiative of both parties.
4. Subject of Agreement.
By using technical methods, the Executor undertakes to exchange title units or digital currencies for a commission from the Client, after the person submits a request and does so by selling title units or digital currencies to persons wishing to purchase them. The Executor undertakes to transfer money, title units and digital currency to the details specified by the Customer. The Executor’s commission is laid down in the exchange rate. In some directions of exchange on the request page may also be indicated additional commission of payment systems
5.Terms and conditions for exchange operations.
5.1. If the Contractor’s account receives an amount that differs from the amount specified in the request, the Contractor shall make a recalculation that corresponds to the actual incoming amount. The exception is the incoming amount less than the minimum amount specified in the direction of the exchange. In this case, due to the concept of “minimum deposit” on most stock exchanges and wallets, funds may be lost for the client irrevocably
5.2. If the Executor has not sent title units, money or digital currency to the specified details of the Customer within 24 hours from the moment of payment of the request by the Customer, the Customer has the right to demand termination of the agreement and cancel the request and return the payment. The exception is if this request is on AML check, according to AML rules. The request for termination of the agreement and return of payment is executed by the Executor if the funds have not yet been transferred to the specified details of the Customer. In case the Customer unilaterally cancels the agreement, including refusal to pass the AML/KYC check, the refund is made within 24 hours from the moment of receiving the request to terminate the agreement minus the Executor’s commission equal to 5% (but not more than 50 dollars in equivalent) of the amount specified in the request. This commission is valid for all currencies except KZT and UZS. For these currencies, due to the increased commission of the receiving party (merchant), the Executor’s commission in case of unilateral termination of the contract on the part of the Customer, is 15% (but not more than 95 dollars in equivalent). If delays in return occurred through no fault of the Executor, he is not responsible for them.
5.3.Some exchange destinations may be available only to verified users (including from a certain amount). Verification consists in providing the exchange service with a copy of your passport and selfies to identify your identity. This procedure is carried out once and further verified user can make any exchanges without delays. The obtained personal data is NOT provided to third parties. The only exception is a specific request of law enforcement agencies for a specific exchange request or a specific person.
In case if after card verification, funds come from another unverified card, the funds may be blocked until the user passes card and identity verification
5.4 If the title units are not received from the Customer to the Contractor’s account within the period specified on the request page, the agreement between the parties is terminated unilaterally by the Contractor and the request is deleted. The Customer may not be notified about it. If the payment arrives to the Executor’s requisites after the specified term, such funds are transferred back to the Customer’s account, and all commission expenses related to the transfer are deducted from these funds, or by agreement with the Customer an exchange can be made at the current exchange rate at the time of such agreement.
5.5. If there is a delay in the transfer of funds to the requisites specified by the Customer due to the fault of the settlement systеm, the Executor shall not be liable for damages resulting from the long receipt of funds. In this case the Customer must agree that all claims will be brought to the settlement systеm, and the Executor shall render his assistance to the best of his ability within the limits of the law.
5.6. In case of detection of tampering of communication flows or influencing, in order to deteriorate the Contractor’s work, especially its program code, the Contractor has the right to terminate the contract unilaterally.
5.7. In case of using the services of the Executor, the Customer fully agrees that the Executor has a limited liability within the framework of these rules for the received title units, digital currency or money and does not give additional guarantees to the Customer, as well as does not bear any additional liability to the Customer. Accordingly, the Client shall have no additional liability to the Contractor.
5.8. The Customer undertakes to comply with the norms corresponding to the legislation, as well as not to tamper with communication flows and not to create obstacles for the normal operation of the Contractor’s program code.
5.9.The Contractor shall not be liable for damages and consequences in case of erroneous transfer of title units, money or digital currency if the Customer has indicated incorrect requisites when submitting the request, as well as has made payment to incorrect requisites
5.10 If any direction of exchange requires card verification, and the actual payment is made from another unverified card, these funds will be returned to the payer within 24 hours minus 5%, in addition, this user will be denied in future exchange operations.
6. Unforeseen circumstances.
In the event that unforeseen force majeure circumstances arise during the processing of the Customer’s request, contributing to the Contractor’s failure to comply with the terms of the contract, the deadline for completing the request is postponed to the appropriate duration of force majeure. The Contractor is not responsible for overdue obligations.
7. The form of the agreement.
Both parties, represented by the Contractor and the Customer, accept this agreement (rules) as a contract equivalent in legal force to a written contract.
8 Claims and disputes.
Claims under this agreement are accepted by the Contractor in the form of an e-mail to the e-mail address indicated on the Contractor’s website in which the Customer indicates the essence of the claim.
9.Rights and obligations of the parties.
9.1. It is strictly prohibited to use the Contractor’s services for illegal transfers and fraudulent activities. Upon conclusion of this agreement, the Customer is warned about the criminal liability established by the legislation at the moment.
9.2. If it is impossible to execute the request automatically, due to circumstances beyond the Contractor’s control, such as lack of communication or erroneous Customer data, funds are credited to the account within the next 24 hours or returned to the Customer’s banking details minus commission costs.
9.3. Upon request, the Contractor has the right to transfer information about the transfer of electronic currency to law enforcement agencies, the administration of settlement systems, as well as victims of illegal actions that have suffered as a result of fraud proven by judicial authorities.
9.4. The Customer undertakes to provide all identification documents in case of suspicion of fraud or money laundering.9.5. The Customer undertakes not to interfere with the Contractor’s work and not to damage its software and hardware, and the Customer undertakes to provide accurate information to ensure that the Contractor fulfills all the terms of the agreement.
10.Waiver of obligations.
10.1. The Contractor has the right to refuse to conclude a contract and execute an application without explaining the reasons, in cases where the service may incur or incur a loss on the declared transaction, as well as in cases of suspected fraud on the part of the Customer.
10.2. The Contractor makes transfers to the client’s accounts through various payment systems of the Contractor’s choice (Qiwi, Yandex Money, WebMoney, etc.) In the event of blocking the Contractor’s accounts when attempting to transfer to the client’s accounts that are in a Black List of the payment systеm from which the funds were transferred, the Contractor is not responsible for the loss to the Customer associated with the blocking his accounts. The loss will be fully attributed to the Customer, and further service to such a customer will be denied!
10.3. The contractor has the right to recalculate the exchange rate for the request if it has changed from the moment the request was made to the receipt of funds. For more information about the moment of fixing the exchange rate, the Customer is informed on the page of the specific exchange direction.
10.4. In the event of any technical failure, as well as intentional impact on the Contractor’s automatic course adjustment systеm, the Contractor reserves the right to make a refund upon request and cancel the exchange.
