1. General Provisions
1.1. Prior to using the services of the YeezyPay system (hereinafter referred
to as the
System), the CLIENT must familiarize itself with the Agreement for use of the "YeezyPay"
system of order
execution (hereinafter referred to as the Agreement). In case of a user does not accept the
System
operation rules, he shall not be entitled to use the System. The Client is obliged to read
and accept the
terms and conditions hereof. The Agreement may be changed at any time unilaterally without
additional
notices. The updated edition of the Agreement is published on the website
https://yeezypay.io/
(hereinafter referred to as the Website) and is offered to the Client for familiarization on
a mandatory
basis before it starts using the service.
1.2. The present document determines the terms and conditions of execution of
orders in terms
of
transferring electronic title signs at using the System, and is an official written public
offer addressed
to
physical and legal persons (hereinafter referred to as the Clients) for providing the
possibility of using
the
System under the terms and conditions hereof. This Agreement also states the rights and
obligations of
the parties.
When mentioned jointly herein, "YeezyPay" (hereinafter referred to as the Owner of the
System) and
the Client shall be called the Parties, and each of them separately shall be called the
Party.
The Owner of the System is YeezyPay
Each Party guarantees to the other Party that it has necessary legal capacity as well as all
rights
and powers necessary and sufficient for conclusion and fulfillment of the Agreement under
its terms
and conditions.
1.3. All actions and operations committed within the framework hereof are
irreversible.
2. Terms and Definitions
Authentication — identification of the Client's person. Authentication is made based on the
login and the
password of the Client (hereinafter referred to as the Authentication Data).
Authorization (signature) of an Operation — confirmation by the Client of an operation in
the System using
Authorization Means. Authorization Means include a personal key, a one-time SMS password,
and a password
in the table of authorization codes.
Account Blocking — temporary prohibition of execution of any operations with an account.
Account Closing — constant prohibition of execution of any operations with an account.
Identification — the procedure of submission by the Client of the data necessary for its
identification.
Depending on completeness of the provided data, the Client shall be assigned a certain
status in the
System. The status determines the range of operations available for the Client, as well as
rates and
limits applied to operations of the Client. The updated list of rates and limits is
published on the
Website.
Registration — the Identification variety, at which the Client gives minimum necessary data
for
identification in the System.
Client — a physical or legal person, which has accepted the terms and conditions hereof and
uses the
System with the purposes stipulated herein.
Access Loss — loss by the Client of the possibility to access its accounts by any reasons
(including at
transferring the Authentication Data to third parties or wrongful obtaining by third parties
of the
Authentication Data).
Control Loss — loss by the Client of the control over operations with its accounts due to
any reasons
(including at transferring of Authorization Means to third parties or wrongful obtaining by
third parties
of the Authorization Means).
Outgoing Order — an executed order of the Client for transferring title signs from the
System account to
another account within the System, or to an account within another service, in which address
the System
allows to accept Outgoing Orders.
Incoming Order — arrival to the account of the Client from another account within the
System, or from an
account of another service, from which the System allows to receive Incoming Orders.
Fee — remuneration charged by the System from the account of the Client for a completed
order in
compliance with the rates – the special list of fees published on the Website (hereinafter
referred to as
the Rates).
Operator's Control — control over Outgoing Orders falling under certain limitations from the
person
authorized by the Owner of the System with the purpose of rejection of the order in case it
suspects the
System hacking, order falsification, Control Loss, or suspicions about the illegal nature of
the order.
Actual Account Balance — current account balance taking into account performed Incoming and
Outgoing
Orders on the given account.
Available Account Balance — current account balance taking into account Incoming and
Outgoing Orders being
processed (authorized and passed the Operator's Control (if necessary)) and performed on the
given
account.
Account Balance Available for Orders — current account balance taking into account all
orders authorized
by the Client including orders that have not yet passed the Operator's Control.
Website Mirrors — addresses of websites, one of which is to be used by the Client to access
the account in
case of inaccessibility of the main Website due to any reason.
3. Subject of the Agreement
3.1. This Agreement determines terms, conditions, and order of rendering the
following
services to the
Client by the Owner of the System:
3.1.1. Opening an account in the System for the Client;
3.1.2. Receiving Incoming Orders;
3.1.3. Executing Outgoing Orders;
3.1.4. Executing other operations using the System in the scope provided
hereby.
3.2. Servicing the Client is performed on the 24 hours / 7 days a week basis.
Actions taken
in pursuance
hereof, which are fulfilled in non-automatic mode (including the Operator's Control and the
support desk
operation), are committed by the Owner of the System according to the schedule published on
the Website.
The Owner of the System shall notify the Client about planned technological breaks in the
System operation
or a certain service of the System as well as the time it resumes full-scale rendering of
the services by
any method the Owner of the System deems appropriate.
4. Account Opening and Order of its Use
4.1. After the Client has passed the Registration procedure, the Owner of the
System shall
provide the
Client with the opportunity to open an account in one of its types: nominal in dollars,
nominal in euros,
nominal in rubles.
4.2. Further, the Client can submit additional data and pass the Identification
procedure
again. The
Client is obliged to provide the Owner of the System with valid and exact identifying
information.
According to the results of the Identification procedure, a certain status in the System is
assigned to
the Client.
4.3. Based on the assigned status, respective rates and limits published on the
Website are
applied to the
operations of the Client.
4.4. Access to the account and execution of any orders on the account are
possible after
Authentication of
the Client.
4.5. The Authentication Data for Client (the login and the password) are formed
by the Client
unassistedly. The password can be changed at any moment and an unlimited amount of times.
4.6. After the registration, if the Client intends to execute orders, it shall
create one of
the
Authorization Means offered by the System. Further, at its own the discretion, the Client
can enquire
Authorization Means of another type using the received Authorization Means for request
confirmation.
Authorization Means are activated only after confirmation by the Client of the fact of
obtaining of these
Authorization Means.
4.7. The Client assumes full responsibility for keeping the Authentication Data
and
Authorization Means
confidential. Any actions in the System committed using correct Authentication Data and
Authorization
Means shall be admitted committed by the Client. The Client guarantees to the Owner of the
System
indemnification and no liability for trusting the Client's operations authorized with the
Client's
Authorization Means.
4.8. In case of Access Loss due to password loss or compromise by the Client,
the Owner of
the System
shall provide the Client with the opportunity to recover access to the System in the
following ways:
4.8.1. By inputting the recovery code transmitted to the Client in the form of
an SMS message
to the
mobile phone number (in case the Client has registered such a number in advance) or
forwarded to the email
address specified by the Client at registration;
4.8.2. By application to the support desk (only for Clients that passed the
re-Identification
procedure
after Registration).
4.9. In case of Loss of Control over the account by the Client, the Owner of
the System shall
provide the
Client with the opportunity to recover the access to operations on the account in the
following ways:
4.9.1. If active Authorization Means are available – by confirmation of the
request for
release of new
Authorization Means using the effective Authorization Means of the Client (at that, at a
time for each
type of Authorization Means there can be only one active Authorization Means of the given
type; thus, when
released, new Authorization Means replace the old Authorization Means of the same type if
present);
4.9.2. By application to the support desk (only for Clients that passed the
re-Identification
procedure
after Registration).
4.9.3. Otherwise as agreed by the Owner of the System and the Client.
In case Authorization Means are restricted by validity (for a personal key – 1 year, for the
authorization
codes table – after all codes have been used), the Client shall obtain new Authorization
Means before
expiration of their validity.
4.10. At Client's application to the support desk, the Owner of the System
shall be entitled
to refuse
recovering access to the System or the account for the Client if the Client provides data
for the access
recovery different from those the Owner of the System received at Identification of the
Client.
4.11. The Owner of the System shall be entitled to Block or Close an Account of
the Client at
the
initiative of the Client or at its own initiative.
4.12. At the initiative of the Client, Blocking or Closing of an Account of the
Client shall
be performed
at any moment based on the notification received from the Client forwarded to the Owner of
the System in
one of following ways:
4.12.1. Through the System interface;
4.12.2. Through application to the support desk by phone provided the
identification data
have been
verified;
4.12.3. Otherwise as agreed on by the Owner of the System and the Client.
4.13. Otherwise as agreed on by the Owner of the System and the Client.
4.13.1. In case the Owner of the System has suspicions in violation by the
Client of the
order of using
the account as stated by Clause 4.15 hereof;
4.13.2. In case the Owner of the System needs to ensure security of the
Client's orders,
access to which
is performed with the account, which the Owner of the System suspects to be accessed without
authorization;
4.13.3. In case of existence of non-standard or unusually complex schemes of
orders
execution, which are
different from the normal order typical of the Client;
4.13.4. In case the Owner of the System fulfills respective legal requirements
in force in
the
jurisdiction of the Owner of the System;
4.13.5. In case title signs have been transferred to the account based on an
Incoming Order,
which title
signs were sent as a result of unauthorized access to the payer's account. In case an
identified Client,
whose account has been blocked based on the present sub-Clause 4.13.5, has other accounts,
the Owner of
the System shall be entitled to Block or Close these accounts.
4.13.6. In other cases provided the Owner of the System deems it necessary.
4.14. Account Blocking or Closing shall be followed by termination of all
orders on this
account. In case
of Account Blocking or Closing at the initiative of the Owner of the System, the Client
shall be entitled
to appeal to the support desk for initiation of additional investigation of the facts, which
incurred the
Closing.
4.15. The order of account use:
4.15.1. At using an account, the Client shall observe the legislation of the
jurisdiction of
the Client as
well as the legislation of the jurisdiction of the Owner of the System, the terms and
conditions hereof,
the rights and the legitimate interests of the Owner of the System and of third parties;
4.15.2. The Client shall use the account only by itself. The Client shall not
be entitled to
report or
otherwise transfer its Authentication Data and Authorization Means to third parties;
4.15.3. The Client shall ensure storage of the Authentication Data and the
Authorization
Means in a manner
preventing any possibility for third parties to obtain access to them; in particular, it
shall not write
down the data so that it would be possible to determine what this data relate to, and shall
not save these
data in an open form. The Client shall independently take all necessary measures to ensure
confidentiality, prevent unauthorized use, and protect the account from unauthorized access
by third
parties.
4.15.4. Before using the Authentication Data or the Authorization Means, the
Client shall
make sure that
it is not watched including using surveillance equipment;
4.15.5. Before entering the password and logging in the System, the Client
shall make sure
that:
a) the connection with the Website has been set using the https protocol;
b) in the URL string of the used browser, exactly the URL of the Website is specified;
c) the SSL-connection certificate has been verified and relates to the Website;
4.15.6. The Client shall not use computers of other persons or other devices to
access the
account;
4.15.7. The Client shall ensure anti-virus protection of the device used for
accessing the
account;
4.15.8. The Client shall not be entitled to use the account for committing
illegal deeds;
4.15.9. The Client shall not be entitled to commit any deeds, the purpose or
result of which
is
infringement of normal operation of the hardware and the software of the Website and other
hardware owned
by the Owner of the System;
4.15.10. The Client shall not be entitled to use any means of automated access
to the System
unless
otherwise is agreed on with the Owner of the System.
4.16. Use of Authorization Means by the Client for forwarding Outgoing Orders
to the Owner of
the System
is admitted by the Parties an appropriate and sufficient method of identification of the
Client, and
confirmation of authenticity and integrity of the forwarded electronic document.
4.17. In case any disputes on availability and/or authenticity of confirmation
of an Order
with the
Authorization Means arise, the burden of proof shall be assumed by the Party disagreeing
with availability
of confirmation of the Order with the Authorization Means and/or authenticity of
confirmation of the Order
with the Authorization Means, accordingly.
4.18. In case any disputes relating to the fact of modification of the Outgoing
Order after
its signing
(confirmation) with the Authorization Means arise, the burden of proof shall be assumed by
the Party
stating that changes have been made to the Order.
4.19. In case any disputes relating to the fact of modification of the Outgoing
Order after
its signing
(confirmation) with the Authorization Means arise, the burden of proof shall be assumed by
the Party
stating that changes have been made to the Order.
4.20. In case any disputes between the Parties with respect to use of the
Authorization Means
arise, the
Owner of the System shall use the software, which has been used for formation of
confirmation with the
Authorization Means, and which is used for its verification, and shall take the decision on
the
authenticity of the confirmation. The Client shall be entitled to contest such a decision
judicially.
5. Terms and Conditions of Orders Execution
5.1. The Owner of the System shall receive Outgoing Orders from the Clients for
fulfillment
of the Client's obligations to third parties.
5.2. Obligations of the Owner of the System hereunder shall be limited to
rendering the
services related to execution of orders. The Owner of the System is not a Party of a
transaction concluded
between Clients and/or Clients and recipients of Clients' orders, and, accordingly:
- - shall not regulate and supervise compliance of the transaction with the requirements of the law and of other legal acts, its conditions, as well as the fact and consequences of conclusion, execution, and termination of the transaction, including concerning return of title signs under such a transaction;
- - shall not consider claims of the Client concerning non-fulfillment (undue fulfillment) of orders by recipients and their obligations under the transaction;
- - shall not bear any responsibility under any disputable issues arising between Clients.
5.3. The Owner of the System shall be entitled to charge the Fee from the
Client at execution
of orders.
The Fee of the Owner of the System stated by this sub-Clause shall be determined in
compliance with the
rates published on the Website.
5.4. The Client shall be entitled to execute Outgoing Orders within the Account
Balance
available for
operations and according to its status in the system of limits published on the Website.
5.5. The Owner of the System shall be entitled to dismiss an Outgoing Order in
case the
Client has not
confirmed it within the stated interval specified on the Website. Thus, the title signs of
the Client
reserved by this order shall be released for new Outgoing Orders, and the Account Balance
Available for
operations becomes equal to the Available Account Balance.
5.6. If it is necessary to exchange title signs for execution of an Outgoing
Order, the Owner
of the
System shall exchange them at the rate set in the System. The initial order amount and the
resulting
amount with account of the exchange rate are displayed in the System at creation of the
Outgoing Order
provided such an order requires the exchange. Exchange rate is updated in the System on a
daily basis.
5.7. When registering Incoming Orders to the System from a third party payment
(transfer)
expressed in
monetary or physical form irrespective of the qualification and the form of the subject, or
payment from
an exchange service, the Client shall register the order assignment in a certain manner as
specified on
the Website, specifying the account number to which the transfer should be made.
5.8. When an Incoming Order to the System is registered by third parties to the
account of
the Client, the
Client shall obtain all rights and assume all obligations with regard to the title signs
credited into the
account. Such actions of third parties shall be treated by the Parties as made by the
appropriate third
party in favor of the Client.
5.9. The Owner of the System shall be entitled to reject an Incoming Order from
a third party
payment
(transfer) expressed in monetary or physical from irrespective of the qualification and the
form of the
subject, or payment from an exchange service, and return the title signs to the sender of
the order with
the Fee deducted in case of suspicion on fraudulent or other illegal nature of the
operation.
5.10. The Client agrees that all orders initiated and confirmed by the Client
shall be finite
and
irrevocable. The Client understands and acknowledges that it knows about irrevocability of
orders.
5.11. The information on the transfers performed by the Client shall be
recorded and stored
by the Owner of the System during the validity term of this Agreement and three years after
the date of
its termination. Storage of the specified information over the specified period shall be
performed at the
discretion of the Owner of the System.
5.12. The actions of the Client targeting the change of the Actual Account
Balance confirm
its consent with the amount of the Actual Account Balance, the information on which is
registered in the
System at the moment precedent to the respective actions of the Client.
5.13. Reduction of the Actual Account Balance shall be performed indisputably
(without the
Client's order):
5.13.1. For the amount of the remuneration subject to payment by the Client
according to the
Rates;
5.13.2. For the amount of forfeit (fine, penalty fee) stipulated herein
(including rates for
or conditions of rendering additional services) and/or other documentary confirmed
expenditures of the
Owner of the System incurred in the result of rendering the services to the Client
hereunder;
5.13.3. At levying an execution upon the balance (its part) of title signs on
the account in
the procedure prescribed by the law of the jurisdiction of the Owner of the System;
5.13.4. For the amount wrongly credited by the Owner of the System into the
account of the
Client;
5.13.5. For the amount of indemnity of the Owner of the System to the Applicant
– with regard
to the balance (its part) of the title signs accounted on the account, Blocking or Closing
of which has
been carried out by the Owner of the System according to sub-Clause 4.13.5 hereof in case
the Owner of the
System has taken the decision to reimburse to the Applicant the amount of the transaction
committed
without the consent of the Applicant;
5.13.6. In other cases as agreed on by the Parties. Provisions of sub-Clauses
5.13.1.–5.13.6.
of this Clause shall have the effect of the previously issued Client's acceptance for
decreasing the
balance title signs amount of the Client under a demand of the recipient of title signs,
including the
Owner of the System, declared under any of the bases stipulated in the present clause.
5.14. The Owner of the System shall have the right to limit the list of
recipients of
Outgoing Orders. Restrictions can be caused, in particular, by the information on fraudulent
or other
illegal activity of such recipients.
5.15. Finality of an order occurs at the time of reduction of the Actual
Account Balance of
the payer's account and increase of the Actual Account Balance of the recipient's account.
5.16. The order and terms of return of the balance amount of title signs on an
account:
5.16.1. The Client shall be entitled at any moment to carry out return of the
available
account balance title signs in the System by execution of an outgoing remittance;
5.16.2. The Owner of the System shall be entitled to charge remuneration for
remitting title
signs at returning the balance amount;
5.16.3. Return of the balance title signs on an account can be made at the
initiative of the
Owner of the System in cases of repudiation by the Owner of the System of the present
Agreement
unilaterally with simultaneous termination of the account use. In this case, the return
shall be made to
the banking details coordinated with the Client.
5.17. If the Google Ads account remains inactive for more than three months, access to the account
shall be terminated without the possibility of recovery. If there is a negative balance on the
advertising account, the debt will be deducted from the general YeezyPay balance.
5.18. Registering multi-accounts is prohibited. If you lose access to one of your many accounts,
access shall not restored now will you be able to request refunds or withdrawals.
6. Rates
6.1. The Owner of the System shall charge the Fee from the Client for rendering
services
hereunder; the Fee
rate is set in the rates published on the Website. The rate applicable to the Client shall
be determined
according to its status in the System and visually highlighted in the rates grid.
6.2. the Owner of the System has the right to unilaterally change (increase,
decrease), set
new
or cancel
the existing tariffs in full or partly, but only under the condition of informing its users
about the
specified changes no later than two months before their proposed date of application via
e-mail messaging
to
the users' e-mail addresses, as well as by posting relevant information in the "News"
section on the
Website
https://www.yeezypay.io/. The above mentioned changes take effect from the date of
publication of these
changes on the Website of the System Owner.
6.3. In case the Client disagrees with new rates, it shall be entitled to
repudiate this
Agreement
unilaterally.
7. Order of Informational Interaction of the Parties
7.1. At concluding the present Agreement, the Client shall be obliged to
provide the Owner of
the System
with trustworthy information for communication with the Client. The Client shall be
responsible for
keeping the specified data updated at all times.
7.2. By default, the due method of communication with the Client is the
forwarding
information to the
email address provided by the Client at Registration.
7.3. The Owner of the System shall enable the Client to notify the Owner of the
System about
Loss of
Access to or use of the account without the consent of the Client by methods specified on
the Website.
Such notification shall be forwarded to the Owner of the System immediately after the Client
becomes aware
of the fact of Loss of Access to and/or use of the account without the Client's consent. The
Owner of the
System shall not be responsible for the Client's inability to access the title signs or the
Authorization
Means, using which the Client can send a notification, or for untimely forwarding of the
notification,
including for failures in the serviceability of the Internet, communication networks, and
for other
failures arising due to the reasons beyond the control of the Owner of the System, which
incur untimely
receipt or non-receipt of the Client's notifications specified in this Clause.
7.4. The Owner of the System shall be entitled to forward at its own discretion
to the Client
any
notifications concerning the subject hereof (including those causing legal implications),
replies to
applications, claims, and other appeals, by one of following methods:
7.4.1. By forwarding an email message to the email address of the Client
provided in
compliance with
Clause 7.2 hereof and/or specified by it in any written application received by the Owner of
the System in
advance.
7.4.2. By sending an SMS to the phone number provided by the Client through the
System and/or
specified by
the Client in any written application previously received by the Owner of the System.
7.4.3. By posting a message on the Website;
8. Consideration of Applications of the Client and Dispute Resolution
8.1. At fulfillment of the Agreement, the Client shall be entitled to forward
to the Owner of
the System
notifications, requests, claims, applications, complaints, and other appeals, whether or not
stipulated
herein, by one of following methods (unless otherwise is provided herein):
8.1.1. Using the application form published on the Website.
8.1.2. By forwarding an appeal to the address of the support desk specified on
the Website.
8.2. All disputes and disagreements, which have arisen or can arise from this
Agreement at
the initiative
of the Client, are subject to resolution with observance of the extrajudicial dispute
resolution order. In
case the arisen dispute is not settled within 60 (sixty) business days of the day of receipt
of the
Client's claim, either Party shall be entitled to apply to a court at the jurisdiction of
the Owner of the
System for settlement of the dispute. Within this Agreement, a Claim shall be understood as
an appeal of
the Client (its representative who has produced duly executed authorization to represent the
interests of
the Client at interaction with the Owner of the System) forwarded in compliance with Clause
8.1 hereof to
the Owner of the System, bringing the Client's legal claims to the Owner of the System in
view of
existing, to the opinion of the applicant, non-fulfillment (undue fulfillment) of
obligations to this
Client by the Owner of the System arising from the present Agreement.
8.3. After receipt of the Client's written application, including claims, the
Owner of the
System shall be
obliged to consider the application and to report the results of its consideration to the
Client within 60
(sixty) calendar days of the date of the application receipt.
8.4. The response to the Client's application (including Claims) shall be
forwarded to the
Client by one
of the methods stated in Clause 7.4 hereof at the discretion of the Owner of the System. In
case the
decision is taken to satisfy the claim in full, the Owner of the System shall be entitled to
take
appropriate actions without forwarding the reply to the applicant about satisfaction of the
Claim.
9. Confidentiality
9.1. The Owner of the System guarantees and ensures confidentiality of the
information on the
Client and
operations executed by it. At carrying out operations, all information shall be transferred
from the
Client to the servers of the Owner of the System via a protected encrypted channel.
9.2. During rendering the services to the Client, the Owner of the System can
collect and
save information
on the Client, such as IP addresses, parameters of the browser, and other data necessary for
preventing
unauthorized access to the account by third parties.
9.3. Disclosure of information on the Client and its Operations shall be only
allowed if
demanded by
authorized public authorities, representatives of payment systems, or under a legal precept.
9.4. The Owner of the System shall not store scanned images including copies of
passports and
other
documents transferred to it by the Client on the server of the Website and the Website
Mirrors.
9.5. The Owner of the System shall not store the password of the Client in the
form of plain
text. None of
the employees of the Owner of the System shall be entitled to inquire the Client's password.
10. Other Rights and Obligations of the Parties
10.1. Rights of the Owner of the System:
10.1.1. To refuse executing operations available only to Clients with certain
status if the
Client has not passed Identification necessary for obtaining this status;
10.1.2. To refuse executing an operation in case of detection of an error
admitted by the
Client at specifying its details;
10.1.3. To refuse executing an operation if the Client has not passed
authentication in the
System by means of the Authentication Data or other method agreed on by the Parties;
10.1.4. To refuse executing an operation if the account balance is insufficient
for executing
the operation and debiting the Fee as per the rates;
10.1.5. In cases stipulated herein, to Block or Close the Account;
10.1.6. To refuse executing an operation in case the Client has not passed the
necessary
Identification set by the System or as it requires;
10.1.7. To modify interfaces and software used at interaction of the Parties
within the
present Agreement;
10.1.8. To suspend operation of software and/or hardware, which are used for
technical
interaction of the Parties within the present Agreement, at detection of major failures,
errors, and
malfunctions, as well as with a view of carrying out preventive works and preventing
unauthorized access;
10.1.9. To set and change (increase or reduce) restrictions (limits) on
execution of
operations with an account unilaterally. The information on such changes shall be published
on the
Website. Changes shall come into force at the time of their publication on the Website;
10.1.10. To reduce the Client's balance amount of title signs without being
instructed by the
Client in cases stipulated herein;
10.1.11. To process with a view of the Agreement fulfillment personal data of
the Client
provided by the Client personally at conclusion of the present Agreement or within its
validity;
10.1.12. To perform other actions targeting ensuring serviceability of the
System;
10.1.13. At any moment, to prohibit earlier allowed automatic formation of
orders for an
account as well as to cease receiving any information generated automatically;
10.2. Obligations of the Owner of the System:
10.2.1. To notify the Client about amendment hereof by publication of such a
notification on
the Website;
10.2.2. To take measures for preventing unauthorized access by other persons to
the
information about the Client's account and operations executed with the account;
10.2.3. To take measures for preventing unauthorized access by other persons to
the personal
information received at Identification of the Client;
10.2.4. To fulfill other obligations stated hereby.
10.3. Rights of the Client:
10.3.1. To use its account according to the order stated hereby;
10.3.2. To raise claims to the Owner of the System and to forward other
applications in the
order and in cases provided for hereby;
10.3.3. To repudiate this Agreement unilaterally in case the Client has no debt
to the Owner
of the System.
10.4. Obligations of the Client:
10.4.1. Not to report or otherwise transfer the Authentication Data and the
Authorization
Means to other persons;
10.4.2. To provide the Owner of the System with authentic and updated contact
information;
10.4.3. At Identification, to provide the Owner of the System with authentic
identification
data;
10.4.4. To inform the Owner of the System timely on the change of personal
data, details, and
data in documents produced for Identification, and data for notifications forwarding;
10.4.5. To inform the Owner of the System timely on the change of personal
data, details, and
data in documents produced for Identification, and data for notifications forwarding;
10.4.6. To fulfill other obligations provided for hereby.
11. Order of Conclusion and Validity of the Agreement
11.1. This Agreement is concluded between the Owner of the System and the
Client in the form
of an offer.
11.2. Filling in the registration form published on the Website, including
formation of the
Authentication
Data shall be treated as acceptance of the terms and conditions hereof.
11.3. Acceptance of the terms and conditions hereof shall mean complete and
unconditional
consent of the
Client with all terms and conditions hereof without any reservations and/or limitations.
11.4. This Agreement is concluded sine die.
12. Amendment and Termination of the Agreement
12.1. The Owner of the System shall be entitled to make changes to the
Agreement terms and
conditions
including rates and/or terms and conditions of rendering additional services. The changes
made by the
Owner of the System shall become mandatory for the Parties since their publication on the
Website unless
otherwise is stipulated by the Owner of the System.
12.2. In case the Client disagrees with change of the terms and conditions
hereof including
rates and/or
terms and conditions of rendering additional services, it shall be entitled to repudiate
this Agreement
unilaterally by execution of return of the balance amount on the accounts in compliance with
Clause 5.16.
of the Agreement and Accounts Closing. The Agreement shall be deemed terminated upon Closing
all accounts
in the System.
12.3. The Client shall be entitled to repudiate this Agreement at any time by
execution of
return of the
balance amount on the accounts in compliance with Clause 5.16. of the Agreement and Accounts
Closing. The
Agreement shall be deemed terminated upon Closing of all accounts in the System.
12.4. The Owner of the System shall be entitled to repudiate this Agreement
unilaterally by
forwarding a
respective notice to the Client by any method provided for hereby. In this case this
Agreement shall be
deemed terminated 3 (three) calendar days after the respective notice has been forwarded.
13. Liability of the Parties
13.1. The Parties shall be liable for undue fulfillment of their obligations in
compliance
with the terms
and conditions hereof.
13.2. The Owner of the System shall not be liable for damages or loss of profit
by the
Clients caused by
unserviceability of the System due to any reasons.
13.3. The Owner of the System shall not be liable:
13.3.1. For malfunction of post services, the Internet, communication networks,
power supply
switch-offs/damages, technical failures in orders and exchange services, other failures,
which arise due
to reasons beyond the control of the Owner of the System and cause failure of the Owner of
the System to
fulfill the terms and conditions hereof;
13.3.2. Provided the information on operations using the account,
Authentication Data, and
Authorization
Means of the Client becomes known to third parties in the result of violation by the Client
of Clause
4.15. hereof or in other cases of non-abidance by the Client by the terms and conditions of
storing and
using the Authentication Data or the Authorization Means;
13.3.3. Provided the information on operations using the account or the
Client's
Authentication Data
becomes known to third parties in the result of eavesdropping or interception and decoding
of
communication channels during their use;
13.3.4. For losses of the Client resulting from Account Blocking or Closing;
13.3.5. For losses resulting from improper input of order details by the
Client;
13.3.6. For losses of the Client and/or third parties resulting from
impossibility to use the
account
disregarding the grounds of such impossibility;
13.3.7. For losses resulting from submission of invalid identification data by
the Client;
13.3.8. For losses resulting from submission of invalid, incorrect, or erratic
communication
data by the
Client;
13.3.9. For losses resulting from the Client's failure to update the data for
forwarding
notifications
and/or identification data.
13.3.10. For temporary inability of the Client to access the communication
means, which
provide for the
account use and interaction with the System within the present Agreement, as well as the
Client's losses
related to it;
13.3.11. For other losses, whether financial, moral or reputational, incurred
by the Client.
13.4. The Parties are released from property liability for failure to fulfill
or undue
fulfillment of
obligations hereunder if it has been caused by force majeure circumstances, i.e. extreme and
unpreventable
circumstances, including Acts of God, military operations, or acts of authorities. In case
any force
majeure circumstances arise, the Party shall inform the other Party within 3 (three)
business days about
the impossibility to perform its obligations.
13.5. In case the Client when executing an operation breaches the rules hereof
or the
respective operation
procedures published on the Website, the Owner of the System shall be entitled to return
funds to the
Client less the Fee for execution of the operation as well as the expenditures of exchange
services or
other counterparties of the Owner of the System for returning the received funds to the
Client.
14. Severability
14.1. In case any provision hereof is admitted impracticable in any jurisdiction by a competent arbitral authority or court, the provision will be impracticable in that jurisdiction, and the remaining part hereof will remain mandatory for the Parties hereof as though it had not contained such a provision. As for the rest, the practicability of such a provision will not change, and it will be practicable in all other jurisdictions.
15. Miscellaneous Provisions
15.1. The Client guarantees that it understands all terms and conditions hereof
and accepts
them unconditionally and in full scope.
15.2. The Client guarantees that it will not use the System with illegal
purposes as well as
other purposes not stipulated herein.
15.3. In case the Website is inaccessible, the Mirrors of the Website are to be
used.