Agreement on exchange services rendering by eezy.cash
Effective Date is 01.10.2020
1. General provisions
This Agreement (hereinafter referred to as the Agreement) describes the rules and conditions of operation of eezy.cash multi-currency exchange service and is an official written public offer addressed to individuals (hereinafter referred to as the User) to conclude the Agreement on providing exchange services by eezy.cash on the conditions set forth below. Before using the eezy.cash service, the User is obligated to read the Terms of “Agreement on exchange services rendering by eezy.cash” in its entirety. The User can use the eezy.cash service only if he/she accepts all the terms and conditions of the Agreement. The current version of the Agreement is publicly available on the eezye cash service page and may be unilaterally changed by the service management without extra notice to the User.
2. Terms and definitions used in the Agreement
Service eezy.cash – is designation of the systеm of providing Internet services for p2p exchange of electronic currencies. Service eezy.cash provides services of assistance in carrying out p2p-exchange operations between individuals.
Website of the Service – www.eezy.cash.
User – is any individual who wishes to use the services of eezy.cash and accepts the terms and conditions of this Agreement.
Electronic currency – is a monetary and/or other obligation between the developer of that currency and its user, expressed in digital form.
Payment systеm — is a software product created by a third party, which is a mechanism for implementing the accounting of monetary and/or other obligations, payment for goods and services on the Internet, as well as the organization of mutual settlements between its users.
Payment — is transfer of virtual assets or fiat currencies from the payer to the recipient.
Customer of the payment systеm – is a person who has entered into an agreement with the relevant payment systеm to acquire property rights of claim against it, measured in conventional units accepted in the relevant payment systеm.
Resulting currency – is an electronic asset or fiat currency, which the User receives as a result of sale or exchange of the Source Currency.
Resulting account – is a wallet number or any other designation of the User’s account in the Payment systеm to which the Resulting Currency will be sent.
Application – is the expression of the User’s intention to use one of the services offered by eezy.cash, by filling out an electronic form through the website of the Service, under the conditions described in the Agreement and specified in the parameters of this Application.
Partner – is an individual/entity that provides the Service with services to attract Users, the terms of which are described in the Partnership Agreement.
Currency exchange – is an exchange of one virtual asset or fiat currency for another fiat currency or virtual asset.
Rate — is the value ratio of the two electronic currencies at the moment of exchange.
Currency reserve – is the amount of a particular Electronic Currency available to the eezy.cash Service at the time the Application is created.
Hacker — is a skilled computer hacker, an intruder who specializes in finding and using unauthorized access to computer networks or other computerized equipment to illegally obtain information, gain profit, or cause damage.
Card Verification — is verification of the card (or account) belonging to its owner. Terms of checking affiliation are set by the Service and are carried out once for each new account (card) of the client. According to the Service rules, the card number must correspond to the name of the card holder indicated in the application.
3. Subject of the agreement
3.1. The subject of this agreement is the provision of services by eezy.cash to exchange virtual assets and fiat currencies.
4. Procedure for the provision of services by the Service
4.1. The User can order eezy.cash services by submitting an Application via the Service’s website.
4.2. Managing the process of exchange and receiving information about the progress of its implementation by the User are made by means of the appropriate user interface, located on the website of the Service.
4.3. By using the services of the Service, the User confirms that he/she legally owns and disposes of fiat money and virtual assets involved in the relevant Exchange. This may require a confirmation of the legality of the User’s funds possession. In case of refusal or unsuccessful confirmation of the legality of funds possession, the User’s funds can be blocked.
The User undertakes:
— to exclude in its practical activities with the use of the Service any actions, the implementation of which may cause direct or indirect harm to the fight against money laundering and money laundering obtained by illegal means;
— to exclude any possible complicity in illegal trade and any other illegal transactions using the Service’s services;
— to exclude any possible complicity in financial fraud, not to use the Service for the purposes of creation and distribution of pyramids, as well as to perform other actions contrary to the law and legal norms;
— to make the AML-check of the funds, before transferring them as payment for the application.
In case of violation of the above requirements, the User’s funds may be blocked. Service may request the user to pass the verification of identity. In this case, the User’s funds cannot be exchanged/refunded until he/she has undergone identity verification.
4.4. By placing an Application, the User instructs the Service, and Service on its behalf and at the expense of the User, performs actions to exchange Electronic currency or fiat money of one Payment systеm for Electronic currency or fiat money of another Payment systеm selected by the User. The eezy.cash Service does not require certification that the sender and the recipient of the funds involved in the Transaction are the same person, the eezy.cash Service is not a party in the relationship between the sender and the recipient of funds or electronic currency.
4.5. The User undertakes to transfer the virtual asset or fiat currency in the amount specified in the Order, and the Service, upon receipt of the virtual asset or fiat currency, undertakes to transfer the virtual asset or fiat currency (except for cases specified in this Agreement) to the User within 72 hours of the banking day, calculated according to the Service’s rates and in accordance with the rates of the Service. The Service remuneration amount is reflected in the Exchange rate and is confirmed when making the Order.
4.6. The eezy.cash exchange service executes Applications on an irrevocable basis in accordance with the terms and conditions of the corresponding payment systems.
4.7. Obligation of the Service to transfer (transfer) virtual assets or fiat currency to the User is considered fulfilled at the moment of debiting the cryptocurrency or fiat currency in the relevant Payment systеm from the account of the Service, which is recorded in the history of transactions of the relevant Payment systеm.
4.8. Taking care of the quality of services provided to the Users, eezy.cash Service undertakes to perform all actions within the framework of this Agreement. In case of unforeseen circumstances, the Service reserves the right to make the payment within a banking day.
4.9. The eezy.cash service has the right to set financial and quantitative limits on Transactions. Information about the limits is indicated on the website of the Service.
4.10. The eezy.cash service has the right to cancel the Application created by the User if the funds in the amount of the Initial Currency have not been credited to the service’s account within 60 minutes. Cryptocurrency or fiat money received after the above period of time will be returned to the payer’s details. Service reserves the right to refuse the refund in case of violation of the rules and unforeseen circumstances. When refunds are made, all commission expenses for the transfer are made from the funds received at the expense of the User.
4.11. In the case of receipt of virtual assets or fiat currency from the User to the Service in the amount different from that specified in the Application, after a written request to the support service, a recalculation of the User’s Application will be made.
4.12. In case the Service fails to send the virtual assets or fiat money by the Order to the details specified by the User within the time period specified in the Regulations by contacting the support channels of the Service, the User has the right to demand the return of the virtual asset or money in full, except as specified in this Agreement. The demand for the return of electronic or fiat money can be fulfilled by the Service only if the money equivalent has not been sent to the details specified by the User at the moment of receiving such a demand. The prolongation of the electronic or fiat money transfers can be caused by the terms and conditions of the processing of some Payment Systems. In this case, the Service is not responsible and does not make refunds.
4.13. The Service fixes the exchange rate of the virtual asset or fiat currency for no more than 20 (twenty) minutes from the moment the Order is created. If the User has paid after 20 (twenty) minutes, the Service automatically updates the exchange rate. If the User does not agree to carry out a transaction at the updated exchange rate, the Service will refund electronic or fiat money. If the Service is unable to transfer funds for a long period of time through the User’s fault, the funds transfer rate will be changed to the actual rate once these negative circumstances have been eliminated. All commission expenses for the transfer are made from the received funds at the User’s expense.
4.14. The refund fee by user’s initiative is 5% of the amount of money sent by the User.
4.15. The Service may refuse the user to make an exchange in case of violation by the user of the exchange procedure (violation of agreements, ignoring the representatives of the Service, creating conditions for the threat to carry out the exchange etc.). Refunds are made in accordance with clause 4.14 of the Terms and Conditions of the Service and taking into account the costs incurred by the Service as a result of the user’s actions.
4.16. Special conditions of some Payment systems:
— Bank payments are processed by the Service within 24 hours, if necessary Service can require Verification of the client’s card (account);
— If the Application using cryptocurrencies (Bitcoin, Ethereum and others) is completed, no refunds are possible;
— If the amount of cryptocurrency (Bitcoin, Ethereum and others) sent by the User is less than 0.0010 in Bitcoin equivalent, the money is not refunded. If the transaction has a commission in bitcoin network less than 20 satoshi per 1 byte, the Service reserves the right to: recalculate the rate, make the payment more than 24 hours, freeze the request until its third confirmation in the network;
— Bank transfers in the direction of Visa/Mastercard in most cases are credited instantly, but in some cases it can take up to 5 banking days.
4.17. Service does not provide services in the list of countries: Myanmar, Pakistan, Afghanistan, Iran, Iraq, Syria, Lebanon, Bahrain, Qatar, Kuwait, Oman, Yemen, Palestine, Sudan, Democratic Republic of Congo, Russian Federation, Cote d’Ivoire, Somalia, Ethiopia, Cuba, Belarus, Cook Islands, North Korea.
4.18. If the contact numbers of countries subject to sanctions are indicated in the application, the service may request the replacement of data or refuse to exchange. If the user refuses to rеplace the data, the return is made in accordance with clause 4.14 of the Service Rules.
4.19. Service is not a tax agent for the User and will not notify the user about his tax costs. The User agrees to pay all taxes required by the tax laws of their place of residence.
5. Cost of services
5.1. The cost of services of the Service is set by the management of the Service and is published on the website of the Service.
5.2. The Service has the right to independently change the exchange rates of cryptocurrencies and the fees charged at any time unilaterally, which notifies Service Users by posting information about these changes on the Service’s website in advance.
5.3. The Application created by the User on the Service website specifies the rate, the amount of commission charged by the relevant Payment systеm for the Transaction, the amount of remuneration of the eezy.cash Service, as well as the total amount of funds or electronic currency to be transferred.
5.4. The eezy.cash service charges the cost of its remuneration at the time of the relevant Transaction. The Service Fee is deducted from the amount of the Resulting Currency.
6. Duties and rights of the parties
6.1. 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 the agreement between the Payment systеm and/or financial institution and the User and is not responsible in any way for improper or unauthorized use of the Payment systеm by the User, as well as for misuse of the Payment systеm functionality by the User. Mutual rights and obligations of the User and the Payment systеm and/or financial institution are regulated by additional agreements.
6.2. Service has the right to suspend or cancel the operation in progress if the User violates the terms of this agreement, as well as to refuse further service to the User without explaining the reason for this decision.
6.3. Service eezy.cash is not responsible for conducting exchange transactions on behalf of the Client in favor of third parties.
6.4. The Service has the right to suspend or cancel the operation in progress if from the authorized services the information on unauthorized possession by the User of virtual assets or fiat money and/or other information making it impossible for the Service to provide services to the User and to demand to carry out additional identification of the User.
6.5. The Service has the right to cancel the transaction in progress and return the virtual assets and/or fiat funds deposited by the User without giving any reasons. The service also has the right to block the user’s funds if there were problems with the current or previous transactions of the user or if there was a request from law enforcement agencies.
6.6. Each transaction is verified using the AMLbot service. If the risk level of the User’s transaction exceeds 45%, the exchange service has the right to suspend the exchange/change conditions of the exchange unilaterally, as well as to request the User to go through identity verification and photo, video, documentary evidence of the origin and legitimacy of funds. In such a case, the User’s funds cannot be exchanged/refunded until the User has undergone identity verification and provided the necessary materials.
6.7. Any completed sale and exchange transaction in electronic currency as well as any other transaction offered to the User by the Service is considered non-cancellable, i.e. cannot be canceled by the User after it is completed and the User receives the funds in electronic or fiat currency due to him/her according to the previously accepted conditions of the transaction.
6.8. The Service undertakes to take all possible and available actions to prevent attempts of illegal trade, financial fraud and money laundering using the services of the Service. These actions inсlude, but are not limited to, providing feasible assistance to law enforcement agencies in searching for and catching financial terrorists involved in illegal money laundering activities.
6.9. The Service has the right to change the terms of the Loyalty Program and the Partner Program at its sole discretion without prior notice to the User.
6.10. Service does not serve customers living in territories that are disputed/annexed/temporary annexed. Such territories inсlude: Kosovo, PMR, South Ossetia, Abkhazia, Taiwan, Kuril Islands, Nagorno-Karabakh Republic, Crimea, DNR and LNR.
6.11. The user is obligated to:
— exclude in its practical activities with the use of the Service any actions, the implementation of which may directly or indirectly harm the fight against money laundering and money laundering obtained by illegal means;
— exclude any possible complicity in illegal trade and any other illegal transactions using the Service’s services;
— exclude any possible complicity in financial fraud, not to use the Service for the purposes of creation and distribution of pyramids, as well as to perform other actions contrary to the law and legal norms.
6.12. The User agrees to independently calculate and pay all taxes required under the tax laws of the location of the User.
7. Responsibility of the parties
7.1. The eezy.cash service is liable to the User in the amount not exceeding the amount of money or cryptocurrency entrusted by the User.
7.2. The eezy.cash Service is not responsible for defects, errors and failures in the operation of software and/or hardware that ensure the functioning of the eezy.cash Service, arising from causes beyond the control of the eezy.cash Service, as well as related losses of the User.
7.3. The eezy.cash service is not responsible for losses of the User resulting from unlawful actions of third parties.
7.4. The User is fully responsible for the accuracy of the information he or she provided when filling out the Application. In case the User has not specified or has specified the data incorrectly, eezy.cash Service is not responsible for the User’s losses incurred as a result of the User’s mistake.
7.5. User is solely responsible for the payment of the application. Including:
· Filling in the details when paying for the application;
· Selecting the appropriate network when making payment for the application;
· Specifying all details when paying for the application provided by the eezy.cash Service website on the application payment page, etc.
In case the User makes a mistake when paying the application, the User’s funds may be lost.
In case the User made a mistake when sending the funds for the application, the eezy.cash Service is not responsible for the loss of the User’s funds.
The eezy.cash Service has the right to charge the User any amount of funds necessary to cover the expenses of the eezy.cash Service, which arose as a result of the User’s mistake when paying for the application, as well as as a result of the eezy.cash Service’s attempts to correct such mistakes of the User.
7.6. The information on the Transaction is stored in the service database and is the primary source to which the Parties of the agreement are guided in disputable situations.
7.7. The Parties shall be relieved from liability for the total or partial failure to perform their obligations under the Agreement if such failure is the result of force majeure circumstances arising after the entry into force of the Agreement as a result of extraordinary events that could not be foreseen and prevented by reasonable measures.
7.8. Service will make every effort, but does not guarantee that its services will be available 24 hours a day and every day. Service does not bear any responsibility for losses, lost profits and other costs of the User resulting from the inability to access the site and services of the Service.
7.9. The Service shall not be liable for any losses, lost profits or other expenses of the User resulting from delays, errors or failures in making bank payments or transfers of virtual assets.
7.10. The User undertakes not to abuse the actions of bonus and affiliate programs of the Service and its friendly services, as well as not to create systematically deliberate unpaid applications.
7.11. Service prohibits exchanges to the accounts of 3 persons. We are not responsible for the actions of these persons after receiving funds from our exchange service. Conduct transactions only with wallets and accounts to which you have full access.
8. Other provisions
8.1. The eezy.cash service has the right to unilaterally make changes to the Agreements by publishing them on the systеm Website. Changes come into force from the date of publication, unless other date of coming into force of the changes is not defined additionally at their publication.
8.2. The eezy.cash service has the right to refuse a user to fill out an application without explaining the reasons.
8.3. The parties have entered into this Agreement in electronic form and acknowledge it to be equivalent in legal effect to an agreement in writing.
8.4. eezy.cash service has the right to suspend transactions until the causes of such actions are clarified, in case of suspicious actions during the user’s application, in order to avoid damages from hacker attacks.
8.5. The eezy.cash service has the right to send information about the status of the exchange process to the User to the specified email, as it is an integral part of the successful completion of the exchange.
8.6. Requests for any changes to the application/requisites shall be made only from the same contact information (email) that was specified by the User at the stage of creating the application.
8.7. If the User has not provided the requested verification data, valid requisites for payment of funds or other necessary information in accordance with the rules of the Service within 10 days from the date of payment, the Service has the right to charge up to 3% commission per day on the amount of exchange.
8.8. All disputes and disagreements that have arisen or may arise from this Agreement shall be settled by negotiations on the basis of a written application of the User. After receiving a complaint from the User, eezy.cash Service is obliged to satisfy the requirements set out in the complaint or send a reasoned refusal to the User within 15 (fifteen) days. All required documents must be attached to the response. If a dispute is not resolved by complaint within sixty (60) days, either party shall have the right to go to court at the User’s location to settle the dispute.
8.9. The information on the site, including graphics, text information, program codes, etc. is the property of eezy.cash and is protected by copyright laws. Each case of unauthorized copying (full or partial) can be prosecuted under applicable laws.
9. Force Majeure
9.1. Neither the User nor the Service shall be liable to each other for delays or failure to perform their obligations resulting from force majeure events, including natural disasters, fire, floods, terrorist acts, changes of government, civil unrest, as well as failure of the Payment Systems, power supply systems, communication networks and Internet service providers.
