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Rules and terms of services
1. Terms and definitions
1.1. A-Exchange — it is the automated web service located on the Internet at the address http://a-exchange .com and offering the services via program interface for all Users (further in the text — Service).
1.2. User — this is any physical person or legal entity who agreed with all conditions offered by Service, and joined this agreement.
1.3. Electronic units (title signs) — it is the registration units of the relevant systems of electronic calculations designating a certain volume of the rights of the requirement or other rights following from the contract of systems of electronic calculations with their users.
1.4. System of electronic calculations (payment system) — it is the hardware-software product, developed by the third party, and representing system of implementation of the accounting of electronic units, and also the organizations of mutual settlements between the users.
1.5. Payment — this is transfer of electronic units from the payer to the recipient.
1.6. Demand — it is the information submitted the User with use of means of Service in electronic form, testifying to its intentions to use services of Service on the conditions offered by Service and specified in demand parameters.
2. General provisions
2.1. This agreement regulates the relations between the User and Service concerning the services provided by Service to User and cancels all previous arrangements between Service and the User in this subject.
2.2. This agreement doesn't cancel the current legislation of the countries of registration and location of Service and User, and also the contractual relations between the User and System (systems) of electronic calculations.
2.3. This agreement is deemed accepted on the terms of the public offer accepted by User during giving by it Demands, which is an integral part of the present agreement.
2.3.1. The public offer information on parameters and conditions of the Demand displayed by Service admits.
2.3.2. The acceptance of the public offer commission by User of the actions for completion of formation of the Demand confirming its intention to make the transaction with Service on the conditions offered by Service just before completion of formation of Demand admits.
2.3.3. Date and time of the acceptance, and also parameters of conditions of the Demand are fixed by Service automatically at the time of completion of formation of the Demand.
2.3.4. The period of adoption of the offer by User to make the transaction with Service on the conditions described in the Demand of the User makes 40 minutes from the moment of completion of formation of the Demand.
2.4. This agreement comes into effect from the moment of completion of formation of the Demand by the User.
2.5. This agreement stops the action from the moment of revenues to the requisites provided by User, Electronic units in the sum provided by parameters of the Demand of the User or from the moment of cancellation of the demand.
2.6. The sizes recognize the present electronic agreement equivalent on validity to the contract signed in writing.
2.7. Service reserves the right unilaterally to make changes to this agreement without the corresponding notification of it of the User, but with the obligatory publication of the actual version of the agreement on this electronic page.
3. Subject of the agreement
3.1. With use of technical means of Service by application User charges, and Service on its own behalf and at the expense of the User makes for remuneration of action for reception and further transfer of the sum of Electronic units declared by the User to the person or persons wishing to get those for a money equivalent in the sum not below, than is provided in parameters of the Application submitted by User, and also actions for transfer of a money equivalent in the sum specified in demand parameters for the requisites specified by User.
3.2. Any positive difference which resulted from the actions described in items 3.1 of the present agreement as in addition received benefit, is transferred in favor of Service as bonus payment of commission services.
4. Conditions of rendering of services
4.2. The order of services of Service, management of process of the transaction and obtaining information on the course of implementation of the transaction by User are made only by means of the corresponding user interface provided by Service.
4.3. The accounting of operations with electronic units is made by Service according to regulations, rules and a format of the relevant Systems of electronic calculations.
4.4. Any complete operation performed by Service according to the Demand of the User is considered not cancelled, i.e. can't be cancelled by User after its end — the receiving by User which is due to it on earlier accepted terms of transaction.
4.5. In case of not receipt from the User of electronic units within one hour from the moment of the acceptance of User on the requisites provided by Service, the agreement on the conditions specified in the Demand it is considered by the terminated Service unilaterally as not taken effect, without notice about it the User.
4.5.1. In case of cancellation of the agreement the Electronic units which arrived after the term stated above are subject to return on the sender's requisites within the next 24 hours. At return implementation all commission expenses on the translation of electronic units are made from the arrived means at the expense of User. Service doesn't bear responsibility for possible delays at return if they arose not because of Service.
4.6. In case of receipt from User to Service of Electronic units in the sum differing from specified in the Demand, Service has to consider it as the order of User to make recalculation according to the Demand to actually arrived sum of Electronic units.
4.6.1. In case the quantity of the arrived Electronic units differs from declared by User more than 10%, Service can terminate unilaterally the agreement by refusal of execution of the demand and return of the arrived funds for the sender's requisites within the next 24 hours. At return implementation all commission expenses on the translation of Electronic units are made from the arrived means at the expense of the User. Service doesn't bear responsibility for possible delays at return if they arose not because of Service.
4.7. In case of not sending a money equivalent for the requisites specified by User within 24 hours from the moment of the beginning of validity, in the absence of the reasons for blocking of the Electronic units which arrived according to the Demand of the User from Service, User can demand cancellation of the agreement by cancellation of the demand and return of electronic units in full.
4.7.1. The requirement about cancellation of the demand has to be executed by Service only if at the time of obtaining such requirement the money equivalent wasn't sent to the requisites specified by User.
4.7.2. In case of cancellation of the demand return of Electronic units is made by Service on the sender's requisites within 24 hours from the moment of obtaining the requirement about cancellation. Service doesn't bear responsibility for possible delays at return if they arose not because of Service.
4.8. Service has the right to attract to execution of the obligations of third-party performers.
4.9. Service has the right to cancel the carried-out operation and to return Electronic units and/or the financial means deposited by User with compensation of the commissions of Systems of electronic calculations to User without explanation.
4.10. Service has the right to refuse to the User further service in case of violation by the User of any of points of the present agreement.
4.10.1. In case of refusal Service from further service of User, Service notifies User on the decision by means of e-mail or phone call then freezes an account of User and all current Demands of User. Further, Service carries out return of the Electronic units which arrived according to the Demand of User for the sender's requisites within 24 hours from the moment of refusal. At return implementation all commission expenses on the translation of Electronic units are made from the arrived means at the expense of User. Service doesn't bear responsibility for possible delays at return if they arose not because of Service.
4.10.2. All next Demands created by User after refusal by Service in further service of User automatically are frozen. The accounts connected with these Demands are blocked.
5.1. For carrying out the operations Service accepts his personal information which Service undertakes to store in the ciphered look from User, not to give to publicity, not to transfer to the third parties, except for the cases described in items 5.4, 5.5 and 6.5 of the present agreement.
5.2. Carrying out all operations with Demands, and also transfer of personal information from User to Service is carried out on the ciphered SSL-channel with a length of key of 256 bits.
5.3. Service has the right if necessary independently to carry out activities for collecting additional data on User in any available ways. All information collected as a result of such activity isn't given to publicity, not transferred to the third parties, except for the cases described in items 5.4, 5.5 and 6.5 of the present agreement.
5.4. Service has the right to transfer personal user information and details of the operations made by it on condition of saving of their confidential status by the official letter of inquiry / judgment / to own initiative (in case of need for carrying out investigation) to law enforcement agencies, and also to the User to whom they belong.
5.5. Service has the right to transfer details of operation and personal User information relating to operation on official inquiry of System of electronic calculations for carrying out internal investigations.
5.6. All collected data on User, and also a detail of the operations made by him are stored in the Service database within five years from the moment of implementation of the last Demand of the User by Service.
5.7 All obligatory fields in demands have to be specified by real data, otherwise service has the right to cancel the demand and to screw means to the sender minus the commission of payment system or bank.
6.The policy of counteraction to money laundering and illegal operations
6.1. According to the international legislation A-Exchange adheres to a number of rules and realizes a number of the procedures directed on prevention of use of Service with the purpose of carrying out operations on money laundering, that is actions aimed at return to the financial-economic market of money or other securities of an illegal origin, representing their acquisition and possession of them quite lawful and normal, and also to carrying out other operations having illegal character.
6.2. For prevention of operations of illegal character Service establishes certain requirements to all Demands created by User:
6.2.1. The same person has to be the sender and recipient of Payment according to the Demand. With use of services of Service transfers to advantage of the third parties are strictly forbidden.
6.2.2. All contact information entered by User in the Demand, and also other personal information given by User to Service has to be actual and completely reliable.
6.2.3. Creation of Demands by User with use of anonymous proxy servers or any other anonymous connections to the Internet is strictly forbidden.
6.3. For prevention of operations of illegal character, Service:
— Uses internal system of the automated analysis of transactions and behavior of the User (system of prevention of fraud) stopping all suspicious transactions of User.
— Sets limits on operationof User depending on the level of identification of the personality of User and the country of its origin.
— Adheres to policy "Know the client".
— Carries out check in all available ways of all data provided by User.
6.4. Service reserves the right to freeze an account of User and all current Demands of User until receiving from User of copies of identification papers of User, and also a source of an origin of Electronic units and other information necessary for check of the made operation in the following cases:
— At identification of violation of any of the requirements presented in items 6.2 of the present Agreement.
— At a stop of the Demand of User by system of prevention of fraud.
— In case if the sum of transactions of the Demands created by User for the last 30 days exceeded an equivalent in 15000 RUB / 500 USD / 500 EUR.
— At emergence of reasonable suspicions at administration of Service that the user tries to use services of Service for money laundering or for the purpose of carrying out any other illegal operations.
In turn, the User undertakes to provide the requested documents.
6.5. Service reserves the right to refuse to User further service and to take actions described in item 4.10 of the present agreement then to transfer all information about of User which are available for Service, and also all available information on operations of User to law enforcement agencies in cases:
— Identifications of transactions which purpose is money laundering, financing of the terrorist organizations, fraud of any sort, and also the transactions directed on carrying out any other illegal operations.
— Emergence of reasonable suspicion at Service that the document provided by User for identification of the personality of User is counterfeit or invalid.
— Receipts of information from representatives on that organosations about incompetence of possession of User of electronic units or financial means and/or other information doing impossible granting by Service of services to User.
— Identifications of any actions or attempt of commission of the actions by User directed on rendering any negative influence on a hardware-software complex of Service.
— Identifications of any actions or attempt of commission of the actions by User directed on plunder of databases and other material and non-material property of Service.
— Identifications of any actions or attempt of commission of the actions by User capable to cause any physical, material and non-material harm to Service.
6.6. Service reserves the right to check in all ways available to it the personal and any other information received from the User.
6.7. The AML/KYC procedure includes confirmation of the User`s identity using:
– A high-quality photo of an identity card (passport or driver's license) valid in his country;
– Confirmation of the address of residence: bill for communication payments, bank statement, passport registration, other document;
– Phone number confirmation via SMS or VOICE message;
– Evidence of the origin of funds;
– The exchange office may request additional documents;
7. Restriction of responsibility
7.1. Service offers the services round-the-clock and without days off and will aspire to that the hardware-software complex realizing possibilities of Service worked without failures.
7.2. Service provides the services on conditions as they are described on pages of the site of Service and doesn't offer any additional guarantees.
7.3. Using Service, User agrees that the volume of responsibility of Service is limited to the means received from User for execution of a subject of the present agreement that Service doesn't provide additional guarantees and doesn't bear any additional responsibility before User, also as well as User doesn't bear additional responsibility before Service, except for the cases specified in item 7.9.
7.4. Service will use all efforts, but doesn't guarantee that its services will be available round the clock and daily. Service doesn't bear any liability for damages, the uncollected profit and other expenses of User which resulted from impossibility of receiving access to the site and services of Service.
7.5. Service doesn't bear any liability for damages, the uncollected profit and other expenses of User which were result of delays, mistakes or failures in carrying out bank or electronic payments.
7.6. Service doesn't bear any liability for damages, the uncollected profit and other expenses of User which were result of wrong expectations of User concerning tariff rates of Service, profitability of transactions and other subjective factors.
7.7. In case of providing by User wrong information on requisites of the sender or the recipient of money Service doesn't bear any responsibility for any adverse effects or damage which resulted from this mistake.
7.8. Using Service services, User independently bears responsibility for payment of taxes according to the tax law of the country which he lives. Service isn't the tax agent and won't notify User on any possible tax expenses when using services of Service.
7.9. User guarantees Service indemnification (management company, heads and employees) in cases of presentation of the claims directly or indirectly connected with use by User of services of Service except for the losses caused guilty (deliberate or careless) actions of the Service.
7.10. User guarantees that he is owner or has the competent bases for the order the sums which are used in its transactions.
7.11. User undertakes to refrain from use of services of Service for carrying out roguish and illegal operations and agrees that any attempt of an exchange of the roguish capital will have prosecution on all severity of the law. Actions of the User can be considered illegal according to the legislation of the country of residence of the User and/or the country where Service is registered.
7.12. User undertakes not to forge the communication streams connected with Service functioning not to interfere in its program and/or the hardware, and also not to have any other impact capable to break normal work of Service, understanding that similar actions will have prosecution on all severity of the law.
7.12.1. In case of detection of falsification of communication streams or rendering any negative influence on normal work of a program code of the Service having direct or indirect relation to the demand of User, execution of the demand Service stops then actions described in item 6.5 of the present agreement are taken.
7.13. User recognizes that contents of the site of Service get under of the legislation on protection of the property rights, intellectual property and copyright. Unauthorized use of these contents is illegal.
7.14. Neither nor User, nor Service won't be responsible before each other for delays or non-execution of the obligations which are result of emergence of force majeure circumstances including natural disasters, the fire, a flood, acts of terrorism, changes of the power, civil disorders, and also not functioning of Electronic settlement systems, systems of power supply, communication networks and suppliers of Internet services.
7.15. Electronic settlement systems and/or financial institutions bear exclusive responsibility for the means entrusted to them by User. Service can't be the party in the agreement between Payment system and/or financial institution and User and in any measure doesn't bear responsibility for the wrong or unauthorized use of opportunities of Electronic settlement system by User, and also for abuse of User of functionality of Electronic settlement system. The mutual rights and duties of the User and Electronic settlement system and/or financial institution are regulated by the relevant contracts.
8. Order of acceptance of claims and settlement of disputes
8.1. The disputes and disagreements which arose within rendering of services by Service to User are allowed by negotiations of User with administration of Service, on the basis of provisions of the present agreement.
8.1.1. Any claims under the present agreement can be accepted by Service in electronic form by sending the message in fact of a claim for the requisites (the page contacts) specified on the Service site.
8.2. In case of impossibility of permission of the arising questions by negotiations, dispute is resolved according to the current legislation in the Service place of registration.