Effective date: September 7, 2017
xbtc.pro is an online website and p2p platform that allows users to securely buy, sell and/or exchange digital assets.
This agreement (hereinafter referred to as the Agreement) describes the conditions on the basis of which the services of the “xbtc.pro” service are provided. Before using the service, the User must read and accept all the terms of this agreement. Otherwise, the User cannot use the services of the service.
This agreement is located for public access on the Internet on the xbtc.pro page and can be changed unilaterally by the Service Management without additional notice to the User.
The parties to this agreement are “xbtc.pro”, hereinafter referred to simply as “Service” and any individual using the services of the Service, hereinafter referred to as “User”.
1. Terms and definitions
xbtc.pro is a trademark that is the name for a p2p platform for transfers of electronic currencies of various payment systems, and offers its services using a special software interface for all Users.
Service – a system for providing Internet services for the exchange, sale and purchase of electronic and fiat currencies.
A user is any individual using the services of the “xbtc.pro” service.
Electronic currency is a monetary obligation between the developer of a given currency and its user, expressed digitally.
A payment system is a software and hardware product developed by a third party and representing a mechanism for implementing the accounting of monetary obligations, as well as organizing mutual settlements between its users.
Service services - providing assistance in conducting p2p transactions between individuals for the purchase and sale and exchange of electronic currencies, as well as other services, information about which is posted on the Service window.
Payment is a transfer of electronic currency or fiat funds from the User to the User or the Service, as well as in the opposite direction.
Application is an expression of the User’s intention to use one of the services offered by the Service by filling out an electronic form through the Service’s website, under the conditions described in the Agreement and specified in the parameters of this Application.
Partner is a person who provides the Service with services to attract Users, the terms of provision of which are described in this Agreement.
Card verification is checking that the card (or account) belongs to its owner. The conditions for checking ownership are established by the Service and are performed once for each new client account (card).
Rate is the cost ratio of two electronic currencies when exchanging them.
Promotional code is a set of characters consisting of letters and/or numbers that gives the right to provide an exchange service on special terms.
2. Introduction
2.1. This agreement governs the relationship between the User and the Service regarding the services provided by the Service to the User and cancels all previous agreements between the Service and the User on this subject.
2.2. This agreement does not replace the current legislation of the countries of registration and location of the Service and the User, as well as the contractual relationship between the User and the Payment system (systems). If, under the terms of current legislation or other agreements, the User cannot use the services of the Service, then the use of these services by the User is prohibited by these rules and will be considered illegal.
2.3. The Service guarantees and ensures the confidentiality of information about the User and his transactions. The Service may provide this information only at the request of authorized government bodies, officials or representatives of Payment systems if there are legal grounds for doing so.
2.4. The User uses the services of the Service and pays for them in accordance with the terms of this Agreement.
3. Subject of the agreement
3.1. The subject of this agreement is services for the purchase and sale and exchange of electronic currencies through p2p payments between individuals, as well as other services, the description of which is given on the Service window.
3.2. The Service offers its services to all Users and does not supervise the User’s transactions in any of the Payment systems.
3.3. Payment systems and/or financial institutions are solely responsible for the funds entrusted to them by the User. The Service cannot be a party to an agreement between the Payment System and/or financial institution and the User and is in no way responsible for the incorrect or unauthorized use of the capabilities of the Payment System by the User, as well as for the User’s abuse of the functionality of the Payment System. Mutual rights and obligations of the User and The payment system and/or financial institution are governed by relevant agreements.
3.4. Any completed transaction of purchase and sale and exchange of electronic currency, as well as other operation offered by the Service to the User is considered non-cancelable, i.e. cannot be canceled by the User after its completion - the User receives the funds due to him under the previously accepted terms of the transaction, expressed in electronic or fiat form.
3.5. The Service has the right to suspend or cancel an ongoing operation if authorized services receive information about the User’s unauthorized possession of electronic currencies or financial assets and/or other information that makes it impossible for the Service to provide services to the User and require additional identification of the User.
3.6. The service has the right to suspend or cancel an ongoing operation if the User violates the terms of this agreement, as well as refuse further service to the User without explaining the reason for this decision.
3.7. The service has the right to cancel the operation in progress and return the electronic currencies and/or fiat funds deposited by the User without giving reasons.
3.8. The user undertakes:
- exclude any possible assistance to illegal trade and any other illegal transactions using the services of the Service;
- exclude any possible complicity in financial fraud, do not use the Service for the purpose of creating and distributing pyramids, as well as for committing other actions that are contrary to laws and regulations;
- exclude in your practical activities using the Service any actions the implementation of which may cause direct or indirect harm to the fight against money laundering and legalization of illegally obtained funds;
3.9. The Service undertakes to take all possible and available actions to prevent attempts at illegal trading, financial fraud and money laundering using the services of the Service. These actions include, but are not limited to:
- provide all possible assistance to law enforcement agencies in searching for and capturing financial terrorists engaged in illegal money laundering activities.
- providing competent authorities with information regarding the processing of the Service in accordance with current legislation;
- improving the Service to prevent direct or indirect use of the Service in activities contrary to legislation aimed at combating illegal trade, financial fraud and money laundering;
- follow AML and KYC policies.
3.10. The Service has the right to change the terms of the Loyalty Program and Affiliate Program at its discretion.
4. Services
4.1. Ordering the Service's services and obtaining information about the progress of the transaction by the User is carried out exclusively through contacts with a representative of the Service using the Online Support Chat or Email.
4.2. The service offers its services without a lunch break and will strive to ensure that services are provided seven days a week and for the maximum number of hours in a day.
4.3. The Service's services are ordered by the User by sending an Application through the Service's website.
4.4. Managing the process of purchase and sale or exchange, as well as obtaining information about the progress of the service by the User, is carried out using the appropriate user interface located on the Service’s website.
4.5. By using the services of the Service, the User confirms that he legally owns and disposes of the fiat funds and electronic currency involved in the relevant Payment.
4.5. Electronic currency or fiat currency exchange service.
4.5.1. By filling out an Application, the User instructs, and the Service, on its own behalf and at the expense of the User, performs actions to exchange Electronic currency or fiat funds of one Payment system for Electronic currency or fiat funds of another Payment system selected by the User.
4.5.2. The User undertakes to transfer (transfer) electronic or fiat currency in the amount specified in the Application, and the Service, after receiving the corresponding electronic or fiat currency, undertakes to transfer (transfer) to the User the electronic or fiat currency corresponding to the Application, calculated at the Rate and in accordance with the tariffs of the Service .
4.5.3. The amount of the Service remuneration is reflected in the Application and is confirmed by the User on one of the pages of the user interface when completing the Application.
4.5.4. The Service’s obligation to transfer (transfer) electronic or fiat currency to the User is considered fulfilled at the moment the electronic or fiat currency in the relevant Payment System is written off from the Service’s account, which is recorded in the transaction history of the relevant Payment System.
4.6. Service for selling electronic or fiat currency to the User.
4.6.1. By filling out an Application, the User instructs, and the Service, on its own behalf and at the expense of the User, performs actions for the acquisition and transfer of electronic or fiat currency to the User.
4.6.2. The amount of the Service's remuneration for these actions is reflected in the Application and confirmed by the User on one of the pages of the user interface.
4.6.3. Within the time allotted by the regulations (depending on the direction of exchange) from the moment of receiving funds from the User, in the amount specified in the relevant Application, the Service is obliged to transfer (transfer) the received electronic or fiat currency to the details and in the amount specified by the User in the Application, if this not prevented by force majeure circumstances.
4.6.4. The service has the right to cancel an application created by the User for the purchase of electronic or fiat currency if payment for such an application has not been received to the service’s current account after 20 (twenty) minutes from the moment such an application was created.
4.6.5. The Service’s obligation to transfer (transfer) the Received electronic or fiat currency to the User is considered fulfilled at the moment the electronic or fiat currency in the relevant Payment System is written off from the Service’s account, which is recorded in the transaction history of the relevant Payment System.
4.7.Service for purchasing electronic or fiat currency from the User.
4.7.1. By filling out an Application, the User instructs, and the Service, on its own behalf and at the expense of the User, purchases electronic or fiat currency from the User, and also takes actions to transfer the monetary equivalent to the User in the amount specified in the Application.
4.7.2. Within the time allotted by the regulations (depending on the direction of exchange) from the moment of receiving electronic or fiat currency from the User, in the amount specified in the relevant Application, the Service is obliged to transfer to the User the cash equivalent of the listed electronic or fiat currency, in the method chosen by the User when creating the Application.
4.7.3. The amount of the Service's remuneration for these actions is reflected in the Application and confirmed by the User on one of the pages of the user interface.
4.7.4. The Service’s obligation to transfer the monetary equivalent of the transferred electronic or fiat currency is considered fulfilled at the moment the corresponding amount is written off from the Service’s account.
5. Additional terms of service
5.1. If the User does not receive electronic or fiat currency from the Service within 20 (twenty) minutes from the moment of making an Application or transferring funds without an application, the Service has the right to cancel such Application. Electronic currency or fiat funds received after the above period are subject to return to the payer's details. When making a return, all commission costs for the transfer are made from the funds received at the User's expense.
5.2. If the User receives electronic or fiat currency from the Service in an amount different from that specified in the Application, the Service considers this as an order from the User to recalculate the application according to the actual amount of electronic or fiat currency received. If the amount of the received electronic asset or funds differs from that declared by the User by more than 10%, the Service may unilaterally cancel the Application and return the received funds to the payer’s details. When making a return, all commission costs for transferring funds are made from the received funds at the User’s expense.
5.3. If the Service fails to fulfill the conditions for sending electronic or fiat funds according to the Application to the details specified by the User within the time allotted by the regulations, the User has the right to demand the return of the electronic asset or funds in full, except for the cases specified in this Agreement. A request for the return of electronic or fiat funds can be fulfilled by the Service only if, at the time of receipt of such a request, the cash equivalent has not been sent to the details specified by the User. An increase in the period for transferring electronic or fiat funds may be caused by the conditions for processing applications of individual Payment systems; in this case, the Service is not responsible and no refund is provided.
5.4. The rate of electronic or fiat currency is fixed by the Service for no more than 20 (twenty) minutes from the moment the Application is created. If the User makes a payment after 20 (twenty) minutes, the Service automatically updates the rate. If the User does not agree to carry out the transaction at the updated rate, the Service returns electronic or fiat funds. If the Service is unable to transfer funds due to the User’s fault for a long time, then the payment rate will be changed to the current one once these negative circumstances are eliminated and the possibility of making a transfer is eliminated. All commission costs for the transfer are made from the funds received at the expense of the User.
5.5. When exchanging or selling cryptocurrencies, the User undertakes to indicate the commission corresponding to the recommendations of the network. The service does not guarantee the completion of a purchase, sale or exchange operation within the time limits established by this Agreement if the terms of the commission are not met by the User.
5.6. Special conditions of some Payment systems:
- Bank payments are processed by the Service within 24 hours; if necessary, the Service may require Verification of the client’s card (account);
- If the Application using cryptocurrencies (Bitcoin, Ethereum and others) is completed, a refund is not possible;
- If the amount of cryptocurrency sent by the User (Bitcoin, Ethereum and others) is less than 0.0010 BTC in equivalent, the money will not be returned;
- If the client’s shipment does not receive confirmation for more than a day due to the indication of a too low commission, then such an application can be canceled and will be carried out after the client contacts and agrees on the rate.
- Bank transfers to Visa/Mastercard are credited instantly in most cases, but in some cases they can take up to 5 banking days.
5.7. The service does not provide services in the territory of the list of countries and does not serve tax residents of these countries, wherever they are: USA, Canada, Australia, Myanmar, Pakistan, Afghanistan, Iran, Iraq, Syria, Autonomous Republic of Crimea, temporarily occupied territories of Donetsk and Lugansk region of Ukraine, Lebanon, Bahrain, Qatar, Kuwait, Saudi Arabia, Oman, Yemen, Palestine, Eritrea, Libya, Liberia, Sudan, Democratic Republic of Congo, Cote d'Ivoire, Somalia, Guinea, Sierra Leone, Algeria, Nigeria, Ethiopia, Cuba, Cook Islands, North Korea
5.9. Transfers that are not requested within 30 calendar days are considered irrevocable by the Service.
5.9. All transactions in directions where the exchange procedure for cash or from cash are involved do not participate and are not taken into account in the cumulative Loyalty Program.
5.10. The Service reserves the right to suspend the client’s exchange operation if it is high-risk or illegal, according to the complaint from the Service’s partners. Such transactions are returned to the sending address at the client's expense. In case of repeated risky transactions, cooperation with such a client will be stopped unilaterally.
5.11. The promotional code can be applied once for each email address. All transactions using a promotional code do not participate in and are not taken into account in the cumulative loyalty program and referral system.
5.12. The service draws attention to the inadmissibility of making payments from high-risk sites or funds previously received from such services! Each operation is verified through the independent complaint service Crystal. Upon receipt of a verification result of 70% or higher, such payments will be suspended and returned minus the Bitcoin network commission! Exchange of such funds is impossible!
6. Cost of services
6.1. Tariffs are determined by the Service management and published on the Service website. The Service management has the right to change the Service tariffs without additional notice.
6.2. In addition to the established prices, the User also reimburses all additional costs for postage, telephone, fax, etc., incurred in the course of business relations with the Service.
7. Taxation
7.1. The Service is not a tax agent for the User and will not notify the User regarding his tax costs. The User undertakes to independently pay all taxes required by the tax laws of his place of residence.
7.2. In the event that the Service is required by the authorities to pay the User's taxes or cover debts arising as a result of the User's refusal to pay taxes, the User agrees to reimburse the Service for all such payments.
8. Guarantees and responsibilities of the parties
8.1. The Service provides its services on an “as is” basis as they are described on the pages of the Service website and does not offer any additional warranties.
8.2. The Service guarantees the fulfillment of obligations to the User only within the limits of the amounts entrusted to the Service by the User to carry out a purchase, sale or exchange transaction.
8.3. The Service will make every effort, but does not guarantee that its services will be available 24/7. The Service does not bear any responsibility for losses, lost profits and other costs of the User resulting from the inability to gain access to the site and services of the Service.
8.4. The service does not bear any responsibility for losses, lost profits and other costs of the User resulting from delays, errors or failures in making bank payments or electronic transfers.
8.5. The Service does not bear any responsibility for losses, lost profits and other costs of the User resulting from the User’s erroneous expectations regarding the tariff rates of the Service, the profitability of transactions and other subjective factors.
8.6. The service is not responsible and does not compensate for losses in the event of an imperfect exchange due to incorrectly specified details when filling out an application by the user and does not undertake to take actions to return such funds.
8.7. The User guarantees compensation for losses of the Service (management company, managers and employees) in cases of claims or claims directly or indirectly related to the User’s use of the Service’s services, with the exception of losses caused by the guilty (intentional or careless) actions of the Service itself.
8.8. The User guarantees that he is the owner or has legal authority to dispose of the amounts used in his transactions. In the event of transfer of details or a link for payment to a third party, such an application will be suspended for full identification of the payer.
8.9. The User undertakes not to falsify communication flows related to the operation of the Service.
8.10. The User acknowledges that the content of the Service website is protected by laws on the protection of property rights, intellectual property and copyright. Unauthorized use of this content is illegal.
8.11. The user guarantees his/her non-participation in any fraudulent schemes and has no claims against the service in case of payment.
8.12. The User undertakes not to abuse the actions of bonus and affiliate programs of the Service and its friendly services, and also not to systematically create intentionally unpaid applications.
8.13. Пользователь обязан указать в примечании к платежу предписанную формулировку. В случае отсутствия такого комментария сервис оставляет за собой право начать процедуру возврата средств. В случае подозрения в мошенническом происхождении платежа, возврат может быть осуществлен через службу поддержки платежной системы и занять до 6 дней.
8.14. Любая процедура возврата средств по любой причине может занимать от 30 минут до 7 календарных дней в зависимости от платежной системы. Любой немотивированный возврат средств (запрос возврата с целью отмены сделки; запрос возврата повторно отправленных средств без создания заявки; на реквизиты обмена нет возможности совершить перевод и клиент не может предоставить альтернативные реквизиты для завершения обмена; клиент грубо нарушает текущие правила обмена и позволяет себе оскорбление в адрес Сервиса) производится с удержанием 5% от суммы возврата + комиссия платежной системы.
8.15. Сервис запрещает обмены на счета 3-х лиц. Мы не несем ответственности за действия этих лиц после получения средств от нашего обменного сервиса. Проводите операции только с кошельками и счетами, к которым имеете полный доступ.
8.16. Сервис в праве запросить верификацию любого пользователя и его платежных данных. Администрация в праве запросить к верификации любые документы, подтверждающие личность, а также фото с документом в руках.
9. Форс-мажор
9.1. Ни Пользователь, ни Сервис не будут ответственны друг перед другом за задержки или неисполнение своих обязательств, являющихся результатом возникновения обстоятельств непреодолимой силы, включая стихийные бедствия, пожар, наводнение, террористические акты, смены власти, гражданские волнения, а также не функционирования Платежных систем, систем энергоснабжения, сетей связи и поставщиков Интернет-услуг.
10. Заключительные положения
10.1. Стороны заключили настоящее Соглашение в электронной форме и признают его равнозначным по юридической силе договору, заключенному в письменной форме.
10.2. Сервис вправе отправлять Пользователю на указанный им e-mail информацию о состоянии процесса обмена, а также иную информацию, в том числе рекламного характера.
10.3. Все споры и разногласия, возникшие или могущие возникнуть из настоящего Соглашения, подлежат разрешению путем переговоров на основании письменного заявления Пользователя. Любая из Сторон вправе обратиться за разрешением спора в суд по месту нахождения Сервиса.
Информация на сайте, включая графические изображения, текстовую информацию, программные коды и т.п. является собственностью сайта xbtc.pro и охраняется законами об авторском праве. Каждый случай несанкционированного копирования (полного или частичного) может преследоваться в рамках действующего законодательства.