The parties of the following agreement are El-change, on the one side, and User, in the name of a person accepting the given agreement, on the other side.
2. Terms used in the agreement.
Service is automated web-product provided by the service basing on the present agreement. User is any and each person agreeing with terms offered by Service and acceding to the agreement. “Electronic units” are accounting units of corresponding electronic accounting systems which stand for particular scope of claims or other rights, arising from the agreement of electronic accounting systems with their users. Application is information provided by User with the using the funds of Service under the terms offered by Service and stated in characteristics of the application
3. Subject matter.
Using technical means of Service by providing an application the User entrusts, and Service, using its name and on paid basis, at the expense of User, performs actions in receiving and further transfer of the stated by User “electronic units” to a person or persons willing to purchase them for money equivalent not lower than specified in application characteristics, put by User, as well as actions in transfer of money equivalent in sum stated in application characteristics to the payment accounts entered by User. Any positive difference, accrued as the result of the actions mentioned above, as additionally received profit, is passed to the benefit of Service as a bonus payment of commission fees.
4. Terms of the Agreement
The following agreement is considered to be concluded under the terms and conditions of public offer which is an integral part of the given agreement accepted by User while submitting an application. Public offer is considered to be information displayed by Service concerning application parameters and conditions. Accepting public offer is considered performing by User actions in completion application which confirm intention to conclude an agreement with Service under the terms and conditions offered by the Service automatically at the moment of forming an application. The date and time of accepting as well as parameters of application terms are fixed by Service automatically at the moment of application completion. The period of accepting User’s offer is 24 hours from the moment of application completion. The treaty enters into force from the moment of depositing from User to the account of Service of “electronic units in the amount specified by parameters of User’s application. Accounting of transactions with “electronic units” is registered according to the rules, regulations and format of corresponding electronic accounting systems. The term of validity of the agreement is set by the time of either performance of the subject matter or termination of the agreement initiated by one of the Parties under the terms stated below.
5. Additional information.
5.1. In case of non-depositing by User any “electronic units” to Service within 24 hours from the moment of accepting by User, the agreement can be terminated by Service in its reasonable discretion as non-entered into force, without the necessity of informing User. In case of termination of the agreement, “electronic units” deposited after the term stated above are subject to returning to User’s account. When performing a refund all commission fees for the transfer of “electronic units” are withdrawn from deposited money at the expense of User.
5.2. In case the sum of deposited “electronic units” from User to Service differs from the one stated in the application, Service should consider this fact as User’s request to perform a recalculation of the application according to factually received sum of “electronic payments”. If the amount of received “electronic units” 10 % different from the amount stated by User, Service is entitled to terminate the agreement by declining to process the application as well as to return the funds to the User’s account, at its reasonable discretion. When performing a refund all commission fees for the transfer of “electronic units” are withdrawn from deposited money at the expense of User.
5.3. In case of sending money equivalent to the account stated by User, within 24 hours from the start of bringing the agreement in force (48 hours for exchanges with Yandex Money), User carries the right to claim for termination the agreement by annulment of the application and refund of “electronic units” in a full amount. The request for application annulment may and must be complied by Service, only if at the moment of receiving such a request money equivalent wasn’t sent to the account stated by User. In case of application annulment, Service returns “electronic units” to the account of a sender within 24 hours from the moment the request for annulment was received. Service does not bear responsibility for possible delays while performing a refund if they accrued due to the fault of Service.
5.4. The service may unilaterally, at its discretion, terminate the contract by refusing to execute the application and returning the funds received to the sender's details, or other details provided by the user by sending an email directly from the email address specified in the application. The user must take into account that this is the only acceptable way for the service to change the details in the created application. If there is no possibility or refusal (as well as ignoring) in the request of the service to specify the details in the described way, the Service reserves the right to return the funds received to the source of receipt.
5.5. In case of delay in receipt or non-receipt of funds for the details specified by the User due to the fault of the settlement system specified by the User in the order, as well as delays in receipt or non-receipt of funds for the details of the Service from the user due to the fault of the settlement system, the Service is not responsible for any damage caused to the user. The User agrees that in this case any claims are made to the settlement system itself, and the Service, in turn, provides assistance to the User within its capabilities and legal need.
5.6. In case of detection of communication flow frame-up or excessing any negative influence on the normal operation of program code of Service, which is directly or indirectly related to User’s application, the processing of the application by Service will be terminated. In this matter, the parameters of the application will be recalculated by received funds in accordance to effective terms. In case of disagreement of User with the recalculation, sending a refund to the account of a sender results in termination of the agreement at the same time.
5.7. Using Service, User agrees that the scope of responsibility is limited by funds received from User to bring the agreement into force, and Service does not provide any additional guarantees and does not bear any additional responsibility before User, as well as User does not bear any additional responsibility before Service.
5.8. User is obliged not to break statutory prescribed regulations and rules, not to frame-up communication flows, used by Service, not to impair normal operation of Service’s code.
5.9 If User’s Paypal account is not authorized to receive funds, while performing a refund, commission fee in the amount of 10% will be withdrawn.
5.10 Scheduled terms of exchange will be displayed on the page Questions.
5.11 The operator possesses the right to claim for additional information from User.
6. Force Majeure.
In case of appearing circumstances beyond reasonable control (force majeure), which make it reasonably impossible for Service to carry out the obligations of the agreement, the term of carrying out these obligations, is shifted to the term of duration of such circumstances. Thereat, Service does not bear any responsibility for delayed performance of obligations.
7. Warranty liability.
Warranty period for the service provided by the present agreement is 24 hours from the moment of performance of subject matter by Service.
8. Accepting claims and resolving disputes.
Any claims concerning the present agreement may be accepted by Service by e-mail, sending a letter in the essence of the claim using details stated on the web-site of the Service.
9. Form of agreement.
Both Parties declare the present agreement in electronic format equal to the one concluded in writing, by the letter of law.
10. Operations with English, German and USA cards.
Transfers from English, German, Canadian and USA cards will be delayed for an indefinite term, until the true card owner will be identified. No transactions with these funds will be performed until verification is completed.
11. Terms of exchange transactions through Service.
11.1. It is not allowed to use Service for fraudulent or illegal transactions. Using Service, User confirms that any attempt of exchange of fraudulent funds will be sued to the fullest extent of the law.
11.2. Administration of Service is entitled to provide information about such payments to law-enforcement authorities, administrations of payment systems, as well as victims of fraudulent actions upon the first request, in case the fact of fraud is proved.
11.3. User is obliged to provide the documents identifying the personality, in case of suspicion in black (stolen) money laundering.
11.4. User is obliged not to violate the operations of Service by intervening into its program or hardware components, as well as by distortion of parameters sent to Service.
11.5. In case of impossibility of payment completion in automatic mode (disconnection from payment system, failing to receive submission information about payment by payment system, lack of funds, incorrect payment details, stated by User etc.) the exchange will be completed within 24 hours, otherwise the funds will be returned less commission fees charged.
11.6. The administration of Service possesses absolute right to turn down any client in providing the service without explaining the reasons.