1. Parties to the Agreement.
The parties to the present contract are BitCash, hereinafter Service, on one side and the User, represented by anyone who has joined the present contract, on the other side. User – a person who addressed the Service by creating an electronic application for exchange in semi-automatic mode or in manual mode by contacting official contact information on BitCash.cc website by writing a personal message in chat or mail, or feedback form for manual mode.
Terms used in this Agreement.
Service – is a manual or semi-automatic web product provided by the Service under this Agreement. User – any and all persons who have agreed to the terms and conditions offered by the Service and have acceded to this agreement. “Electronic Units” means the units of account of the relevant electronic settlement systems, denoting a certain amount of claim rights or other rights arising from the contract of the electronic settlement systems with its users. Order – the information provided by the User, using the means of the Service or the contact data of the Service, in electronic form, indicating its intention to use the services of the Service under the conditions proposed by the Service and specified in the parameters of the order.
3. Subject of the Agreement.
With the help of technical means of the Service, by submitting an order both in manual and semi-automatic modes, the User entrusts, and the Service for a fee on its behalf and at the expense of the User, performs actions on the receipt and further transfer of the amount of “electronic units” to the person or persons wishing to buy them for the cash equivalent of not lower than it is provided in the order parameters submitted by the User as well as actions on transferring the cash equivalent of the amount specified in the order parameters, to the requisite Any positive difference resulting from the above actions, as an additional benefit received, shall be transferred to the Service as a premium payment for commission services.
4. Terms of Agreement.
This contract is a public offer accepted by the User in the course of submitting an application, which is an integral part of this agreement. The public offer is the information about the parameters and conditions of the application displayed by the Service. The acceptance of the public offer is considered to be the User’s actions upon completion of submitting an order confirming their intention to make a transaction with the Service under the terms and conditions proposed by the Service immediately before the order is submitted both in manual and semi-automatic modes. The date and time of the acceptance as well as the parameters of the bid terms are recorded by the Service automatically at the moment of the bid forming or are recorded in the clients for communication with the User. The period of acceptance of the offer by the User is 24 hours from the end of the formation of the application. The contract comes into force at the moment the User submits the electronic units to the Service in the amount specified in the parameters of the User’s order. Operations with “electronic units” are accounted for in accordance with the regulations, rules and format of the relevant electronic payment systems. The term of the contract shall be set until the subject matter of this agreement is fulfilled (clause 3) or terminated at the initiative of either party under the conditions set out below.
5.1 In case the User fails to send the electronic units to the Service within 24 hours from the moment of the User’s acceptance, the agreement can be unilaterally canceled by the Service as not having come into effect, without any need to inform the User about it. In case the agreement is terminated, electronic units received after the deadline will be returned to the sender’s account. When refunds are made, all commission expenses for the transfer of “electronic units” shall be made from the funds received at the User’s expense.
Procedure of service rendering:
5.2 The rate is fixed when creating an order if the User has paid for it within 30 minutes after creation. If payment is not received within 30 min, then the request is deleted automatically and User has to contact the technical support of the site in order to restore the request. In this case, the amount of payment on the application will be recalculated at the rate at the time of receipt of payment.
5.3 If the User has paid the request, but due to circumstances wants to cancel the exchange, the refund will be made after deducting 3% of the payment amount, the commission within the payment systеm and the rate difference (if the rate has changed by more than 3%)
5.4 If the card of the User is in the black list of the payment systеm Security Service and at the attempt to transfer to it the account is blocked, bitcash.cc reserves the right not to return the User’s money.
5.5 The application should be paid only through the payment form on our website, which is available after clicking on the “proceed to payment” button. Unauthorized payment by requisites is not allowed. Otherwise, the application may be canceled.
5.6 The procedure of crediting of funds to Visa, MasterCard, and MIR cards takes from several seconds to 3 working days. In practice 99% of transfers are credited instantly. If necessary the exchange transaction can be performed in several transactions and within the terms stipulated by the Service and the Customer.
5.7 In case the amount of the electronic units received from the User differs from the one stated in the order, the Service should consider it as the User’s instruction to recalculate the order according to the actual amount of the units received. In case the amount of “electronic units” received differs from the amount declared by the User by more than 10%, the Service may unilaterally, at its sole discretion, terminate the agreement by refusing to fulfill the order and return the received funds to the sender’s details. When refunding, all the commission charges for transferring the “electronic units” are to be paid by the User.
5.8 In case of not sending money equivalent to the requisites specified by the User within 24 hours (if not agreed otherwise) from the moment of the start of the contract, the User may request cancellation of the contract by cancelling his application and return “electronic units” in full. The demand to cancel the order can and must be fulfilled by the Service only if, at the moment of receiving such a demand, the money equivalent has not been sent to the details specified by the User. In case of the cancellation of the order, the return of “electronic units” is performed by the Service to the details of the sender within 24 hours from the moment of receipt of the cancellation request. The Service is not responsible for the possible delays of return if they are not the fault of the Service.
5.9 In case the User has provided the information about the recipient’s details by mistake, the Service is not liable for any damages or losses caused by this mistake.
5.10. In case of a delay in funds receipt or non receipt to the details specified by the User due to the fault of the payment systеm specified by the User in the application, the Service does not bear any responsibility for the possible damage caused to the User. The User agrees that in this case they will have to address any claims to the settlement systеm itself, and the Service, in its turn, will help the User within the limits of its abilities and legal necessity.
5.11 In case any tampering of communication flows or any negative influence on the functioning of the Service software code is detected, which have a direct or indirect relation to the User’s application, the execution of the application will be stopped and the funds received will be recalculated in accordance with the current conditions or, in case the User does not agree with the recalculation, returned to the details of the sender, which will result in the cancellation of the agreement.
5.12. By using the Service, the User agrees that the scope of liability of the Service is limited to the funds received from the User for the execution of the subject matter of the contract, that the Service does not provide any additional guarantees and does not bear any additional responsibility to the User.
5.13 The User undertakes not to violate legal rules and regulations, not to falsify the communication flows used by the Service, and not to disrupt the normal operation of the program code of the Service.
5.14 If the User’s account has no rights to receive money, or if the money transfer is impossible through no fault of the Service, it will be refunded with the deduction of fees.
6. Force Majeure.
In case of force majeure events that make it objectively impossible for the Service to fulfill its contractual obligations, the period of fulfilling the obligations will be postponed for the period of validity of such circumstances. In this case the Service is not responsible for overdue performance.
7. Warranty obligations.
Warranty period for the services under this Agreement is 24 hours (unless otherwise agreed) from the moment the subject is fulfilled by the Service, cryptocurrency exchange is performed after 3 confirmations.
8. Claims acceptance and dispute resolution procedure.
Any claims under this Agreement can be received by the Service in electronic form by sending a message to the official contact details specified on the Service website.
9. Form of Agreement.
The parties acknowledge this agreement in electronic form to be equal in legal effect to the agreement concluded in written form.
The agreement can be changed at the discretion of the administration without prior notice to users. Changes in the Rules come into force from the moment of their publication.