1. Parties to the Agreement
The Agreement is concluded between the Internet service for the exchange of title units Bitobmen.net, hereinafter referred to as the Contractor, of the one part, and the Customer, represented by the one who use the services of the Contractor, of the other part.
2. List of terms
2.1. “Exchange of title units” means an automated Internet service product that is provided by the Contractor based on these regulations.
2.2. The “Customer” means an individual who agrees with the terms of the Contractor and this Agreement, to which he joins.
2.3. “Title unit” means a conventional unit of a particular payment systеm corresponding to the calculations of electronic systems and indicating the amount of rights that complies with the Agreement of the electronic payment systеm and its Customer.
2.4. “Application” means information given by the Customer in order to use the Contractor’s funds in digital form and indicating that he accepts the terms of service use that are offered by the Contractor in this application.
3. Terms of Agreement
These regulations are considered organized through the conditions of the public offer, which is formed when the Customer submits an application and is one of the main components of this Agreement. Public offer refers to information displayed by the Contractor on the conditions for submitting an application. The main component of the public offer is the actions that are taken in the completion of submitting an application by the Customer and that indicate his exact intentions to make a transaction on the terms proposed by the Contractor before the completion of this application. The time, date, and parameters of the application are created by the Contractor automatically when the formation of this application is completed. The proposal must be accepted by the Customer within 24 hours from the moment the formation of this application is completed. The service agreement comes into force from the moment the title units in the full amount specified in the application are received from the Customer to the Contractor’s details. Title unit transactions are taken into account in accordance with the rules, regulations and format of electronic payment systems. The Agreement is valid for the period that is established from the moment of submitting an application till termination on the initiative of any party.
4. Subject of Agreement
By using technical methods, the Contractor undertakes to exchange title units for a commission from the Customer, after he submits an application by selling title units to persons who wish to purchase them at a price not lower than that in the application submitted by the Customer. The Contractor undertakes to transfer funds to the details specified by the Customer. In case of profit during the exchange, it remains on the Contractor’s account as an additional benefit and bonus for commission services.
5. Additional information
5.1. If the Contractor receives an amount that differs from that indicated in the application, the Contractor makes a recalculation corresponding to the actual receipt of the title units.
5.2. If the Contractor receives an amount less than the minimum in the direction of exchange, the Contractor terminates the Agreement unilaterally with the return of the title units, if this does not contradict clause 6.1. Under these circumstances the Contractor has the right to recover a 5% penalty for using the service account. Any cryptocurrency transactions with an amount below the minimum in the direction of exchange and without a destination tag (MEMO), if such is present in the details, are not credited and cannot be returned.
5.3. In the event that the title units are not sent by the Contractor to the specified Customer’s details within 24 hours, the Customer has the full right to demand the termination of the Agreement and cancel his application, thereby making the return of the title units to his account in full. The application for termination of the Agreement and the return of title units is executed by the Contractor in the event that the funds have not been transferred yet to the specified Customer’s details. In case of termination of the Agreement, the return of electronic currency is made within 24 hours from the receipt of the application to terminate the Agreement. If delays in the return occurred through no fault of the Contractor, he is not responsible for them.
5.4. If the title units are not received from the Customer to the Contractor’s account within the specified period from the moment the Customer submits an application, the Agreement between the parties is terminated by the Contractor unilaterally, since the Agreement does not enter into force. The Customer may be not notified about that. If the title units are received at the Contractor’s details after the deadline, the Contractor has the right to recalculate at the new exchange rate.
5.5. If there is a delay in transferring funds to the details specified by the Customer due to the fault of the payment systеm, the Contractor is not liable for damage resulting from the long receipt of funds. In this case, the Customer must agree that all claims will be presented to the payment systеm, and the Contractor provides its assistance as far as possible within the law.
5.6. In case of detection of falsification of communication flows or impact in order to worsen the work of the Contractor, namely its program code, the application is suspended and the transferred funds are recalculated in accordance with the current Agreement. If the Customer does not agree with the recalculation, he has every right to terminate the Agreement and the title units will go to the details specified by the Customer.
5.7. In case of using the Contractor’s services, the Customer fully agrees that the Contractor has limited liability in accordance with these regulations of the received title units and does not give additional guarantees to the Customer, and also does not have additional responsibility to him. Accordingly, the Customer does not have additional responsibility to the Contractor.
5.8. The Customer is obliged to comply with the norms in accordance with the law, and also not to fake communication flows and not create obstacles for the normal operation of the Contractor’s program code.
5.9. The Contractor is not liable for damage and consequences in case of erroneous transfer of electronic currency in the event that the Customer specified incorrect details when submitting an application.
5.10. The Customer agrees to provide details that belong only to him and to have sole access to them. Involving third parties in the transaction violates the terms of the exchange. The Contractor automatically considers such a transaction completed after sending the title units, and the Customer automatically assumes all responsibility for crediting and excludes any disputes with the Contractor.
6. Refund policy
6.1. Refund of title units is made only if the exchange did not take place or an overpayment in an amount exceeding the minimum available for exchange in the specified direction was received, if the refund amount is not lower than the minimum for sending for the payment systеm.
6.2. The exchange is considered to have taken place after the transfer of title units to the Customer’s account specified in the application.
6.3. Refund can be made only to the Customer’s account specified in the application or to the account from which the Contractor received the title units.
6.4. The Contractor refunds only after the Customer’s request. Until this moment, the Contractor is inactive.
6.4. The Contractor does not refund the commission of payment systems to the Customer, except as specified in clause 5.3.
6.5. In the event that the Customer has made a transfer after the expiration of the application timeout, the Contractor has the right to recover a 5% penalty, when the customer requires the refund of the title units.
6.6. If the Customer has indicated the wrong account number and requires a refund, the Contractor has the right to recover a 5% penalty for using the account.
7. Warranty period
Within 24 hours from the moment of exchange of title units, the Contractor gives a warranty for the services provided, unless otherwise agreed upon.
8. Unforeseen circumstances
If during the processing of the Customer’s application there are unforeseen circumstances that contribute to the Contractor’s failure to abide by the Agreement, the deadlines for fulfilling an application are postponed to the corresponding duration of the force majeure. The Contractor is not liable for overdue obligations.
9. Agreement form
Both parties, represented by the Contractor and the Customer, accept this Agreement as an agreement that is equivalent in legal force and indicated in writing.
10. Dealing with English, German and American bank cards
For cardholders from England, Germany and the United States, the conditions for the transfer of title units are extended for an indefinite period, corresponding to a complete verification of the cardholder’s data. Funds are not exposed to any operations during the entire period and are on the Contractor’s account in full.
11. Claims and disputes
Claims under this Agreement are accepted by the Contractor in the form of an email in which the Customer indicates the essence of the claim. This email is sent to the Contractor’s details indicated on the website.
12. Conducting exchange transactions
12.1. It is strictly forbidden to use the Contractor’s services for illegal transfers and fraudulent activities. When concluding this Agreement, the Customer agrees to comply with these requirements and in case of fraud bear criminal responsibility as established by law at the moment.
12.2. If it is impossible to fulfill an application automatically due to circumstances beyond the Contractor’s control, such as downtime, shortage of funds, or Customer’s erroneous data, funds are credited to the account within the next 24 hours or returned to the Customer’s details less commission fees.
12.3. On first demand the Contractor has the right to give information about the transfer of electronic currency to law enforcement authorities, administration of payment systems, as well as to victims of illegal actions that have suffered as a result of fraud proved by the judicial authorities.
12.4. The Customer undertakes to submit all personal identification documents in case of suspicion of fraud and money laundering.
12.5. The Customer agrees not to interfere with the Contractor’s work and not to damage its software and hardware, as well as to provide accurate information to ensure that the Contractor fulfills all the conditions of the Agreement.
The Contractor has the right to refuse to conclude an Agreement and to fulfil an application without giving any reasons. This clause applies to any Customer.