1. The parties to the contract
Parties to this agreement are Bitok.by in the future the Service — on the one hand, and the User, in the face of any acceding to this Treaty on the other side.
Terms used in this agreement
Service — an automated web product provided by the Service under this agreement. User — any and every person who agreed with the proposed Service conditions and adhering to this agreement. "E-unit" — unit of the relevant electronic payment systems, indicating a certain amount of rights of claims and other rights arising from the agreement system of electronic payments with their users. Information submitted by the User, using the means of the Service, in electronic form, indicating his intent to use the Service on the terms proposed by Service and are specified in the parameters of the application.
Cryptocurrency is a distributed peer-to-peer network and the database Bitcoin, Litecoin, Namecoin, Novacoin, etc, supported by users all over the world and not having any control center.
(!) Remember that the use of Cryptocurrencies is very risky, because their value is determined solely by the trust of the participants, and theoretically may even fall to 0. The service is not responsible for losses incurred by user as a result of the purchase or sale of Cryptocurrencies.
3. The subject of the contract
With the use of technical means of Service, by filing the User charge, a Service for remuneration on its own behalf and for the account of the User who performs actions for the reception and further transfer of the claimed amount by the User "electronic units" to the person or persons wishing to purchase any cash equivalent in the amount not less than that provided in the parameters of the application submitted by the User, and actions on transfer of cash equivalent in the amount specified in the parameters of the application, to the account specified by the User.
4. The terms of the contract
4.1. This agreement shall be deemed concluded on the terms of the public offer, accepted by the User during submission of the application, which is an integral part of this agreement. The public offer admits the display Service information on the parameters and conditions of the application. The acceptance of the public offer admits the user performing the action to completion of the application, confirming his intention to make a deal with the Service on the terms offered by the Service immediately before the completion of the application. Date and time of acceptance and the parameters of the order are recorded automatically at the time of completion of the application. The period of acceptance of the offer by the User is 2 hours from the time of completion of the application. The agreement shall come into effect from the moment of receipt from the user to the details of the "electronic units" in the amount stipulated by the parameters of the application User. The funds received must be free from claims of third parties, including banks and regulatory authorities. Accounting of transactions with an "electronic unit" is made according to the rules, regulations and format of the corresponding payment systems. The term of the contract is established before the execution of the subject of this agreement (clause 3) or the termination of the contract at the initiative of one of the parties on the terms specified below.
4.2. The service provides exchange services, for the depositing and withdrawal Cryptocurrency.
4.3. Service on Your behalf carries out the records in a distributed database Cryptocurrencies.
4.4. The exchange rate is determined by the Service based on the current needs of all users of the Service and of the amount exchanged.
4.5. On the website bitOk.by displays the approximate exchange rate. The exact rate is determined only upon implementation of the exchange.
4.6. In the case of profiting from carry out exchange transactions, the Users of the Service must reflect this in their tax returns and pay all taxes according to the jurisdiction in which they reside. The service is not responsible for total or partial non-payment of taxes by Users. IMPORTANT! Until 1 January 2023 the profits obtained from the sale of crypto-currencies are NOT taxable.
4.7. Users engaged through the Service the transaction for the expense in their possession funds of third parties are solely responsible before third parties for these funds. Service is not a party to the transaction, is not liable to third persons for compliance with any obligations in relation to them and is not a party in disputes that may arise in connection with such obligations.
4.9. Important! Your application for exchange is fixed at the current rate and also marks thereon, if payment is received within 15 minutes after application to the exchange. Applications will be canceled if payment does not come at the specified time. In case of payment after this time, the service reserves the right to complete an application for a new course or to return funds to the sender after deduction of the commissions of the payment system. In the case of payment cryptocurrency from the client in the allotted time a payment time is getting a 3rd confirmation on the network.
4.10. Transactions in networking, Bitcoin, Litecoin, Bitcoin Cash for a long time may be in a state of "Unconfirmed transaction. The service cannot influence the speed of processing such transfers. After receiving funds for such payments, the service does enrollment at the current rate, or returns the funds to the customer net of commissions of payment systems.
4.11. In the case of high load or technical problems in the network of cryptocurrencies (Bitcoin, Litecoin, Bitcoin, Cash, etc.) beyond the Service's control reasons, the time of delivery to the recipient's account may reach 48 hours.
4.12. Order exchange with cryptocurrencies paid in the amount less than the minimum recommended fee payment system implementation and are non-refundable
4.13. Any exchange operation can be suspended at the discretion of the administrator of the service for additional checks of transactions by Banks, Payment systems etc. the Systematic creation of unpaid applications will be considered a malicious action against the service. Access services may be restricted or banned without explanation.
4.14. The service administrator may request additional information regarding the transaction, and the information for verification of the user.
4.15. In the case of changes of the exchange rate of the cryptocurrency by more than 0.25% from the rate recorded in the application, the payment transaction is in accordance with the terms of the time of actual receipt of funds from the User account Service. This clause applies to Vietnam currencies and cryptocurrencies. Under postuplenie funds means the actual enrollment of a particular currency to the account or wallet with the possibility of free use.
4.16. Service the right to cancel any exchange transaction and return the funds to the User.
4.17. The service reserves the right at any time to make changes and additions to the present agreement.
5.1. In the case of non-User-to-Service "electronic units" within 24 hours from the moment of acceptance of the User agreement on the terms specified in the application, may be terminated by the Service unilaterally, as not effective, without notice to the User. In the event of termination of the agreement, "electronic units" received after the above deadline shall be returned to the account of the sender. In the implementation of the return, all Commission costs for translation of "electronic units" are made from funds received for the account of the User.
5.2. In case of receipt from the User to the "electronic units" in an amount different from that indicated in the application, the Service must consider it as your request to make recalculation for the application in accordance with actually received the amount of "electronic units". If the number of received "electronic units" is different from the User by more than 10%, the Service may unilaterally, at its discretion, terminate the contract by refusal to execute the request and return the received funds to the account of the sender. In the implementation of the return, all Commission costs for translation of "electronic units" are made from funds received for the account of the User.
5.3. In the case of not sending the monetary equivalent to the account specified by the User within 24 hours from the start of the contract(48 hours for exchange Bank payments), the User can request cancellation of the contract by cancelling my application and return the "electronic units" in full. The requirement about cancellation of the application can and should be executed only in case if at the time of receipt of such demand the cash equivalent has not been sent to the account specified by the User. In case of cancellation of the application refund "electronic units" is processed on the personal details of the sender within 24 hours of receipt of the request for cancellation. The service is not responsible for any delays if they arise through no fault of the Service.
5.4. In case the User has submitted incorrect data in the information about the details of the recipient of funds, the Service is not responsible for any adverse consequences or damages resulting from this error.
5.5. In case of delayed arrivals or uncollected funds to the account specified by the User, the fault clearing system that is specified by the User in the application, the Service assumes no responsibility for any User damage. The user agrees that any claims against them to the accounting system, and the Service, in turn, assists the User in the context of their capabilities and legal necessity.
5.6. In case of detection of falsification of communication flows, or provide any negative impact on the normal operation of the program code of the Service having direct or indirect relation to the application the User requests execution of the Service is suspended, and already obtained the means of recalculation of the parameters of the application in accordance with the applicable terms and conditions or, in the case the User disagrees with the recalculation, return to the details of the sender, resulting in the simultaneous termination of the contract.
5.7. By using the Service, User agrees that the amount of liability Service limited funds received from the User for execution of the subject contract, that Service does not provide additional warranties, and shall have no further liability to the User, as the User does not bear an additional liability to the Service.
5.8. The user undertakes their actions do not violate the legislatively established norms and rules, not to forge the communication streams used by the Service, and not to interfere with the normal operation of the program code of the Service.
5.9. The procedural terms of exchange listed on the issues
5.10. The cost of transfer through system SWIFT / SEPA / VISA/MC are assigned to the User and depend on the tariffs of payment systems.
5.11. In case of refusal of the User from verifying the transactions in the areas of SWIFT / SEPA / VISA/MC, money is refunded minus the minimum service fee of the deposited amount, depending on the amount of the transaction.
6. Force majeure
6.1. None of the Parties is not responsible for total or partial failure to fulfill its obligations under this Agreement if failure will be the result of force majeure arising for the Parties after the conclusion. The contract and does not depend on the will of the Parties. Force majeure:
6.2. If such circumstances directly affected the performance of the obligations within the term established in the Contract, this period shall be proportionally extended for the duration of the relevant circumstances.
6.3. Party in connection with the occurrence of a force majeure event unable to perform its obligations, it shall not later than 20 (twenty) days from the date of their occurrence in electronic form notify the other Party, as well as on the alleged duration and termination of force majeure.
6.4. Failure to notify or untimely notification does not deprive the corresponding Party of the right to invoke force majeure as grounds for exemption from liability for failure to perform its obligations under this Agreement. Proper evidence shall be certificates of the authorized state bodies or other authorized agencies.
6.5 If these circumstances continue for more than 33 (thirty three) days, either party shall have the right to refuse further performance of obligations under this Agreement, and neither party is not entitled to demand reimbursement of its expenses.
7. Countering criminal activity AML/KYC
7.1. The customer may not use the Service for any criminal purpose, including, including the laundering (legalization) of proceeds of crime financing of terrorism; carrying out extremist activities.
7.2. Any violation of the law is a purely personal responsibility of each individual Client. The service is not responsible for User actions
7.3. The service reserves the right to request additional identification information such as passport, Bank and other, which will allow to verify the identity of the User
7.4. The service reserves the right to refuse to exchange with an explanation of their motives, or without them
7.5. The service does not provide services to individuals associated with political and state authorities on the territory of Belarus, as well as individuals and companies falling under the sanctions list of the EU and the US.