1.1 This Agreement defines the general provisions of Ecash.Expert (hereinafter referred to as Executor) e-money service.
1.2 The Contractor owns a currency exchange script hosted on an Internet server.
1.3 Any user who wishes to use and uses the services of the Contractor shall be considered a customer.
1.4 The Contractor and the Client shall hereinafter be referred to as Parties in the Agreement.
1.5 The Parties shall recognize this Agreement, placed electronically, as having the legal effect of an agreement approved in writing.
1.6 The Agreement is recognized as a public offer, which applies to the territory of provision of services of the Contractor. The conclusion of the Agreement shall be subject to public offer. The Client agrees to the terms and conditions when submitting an application on the Ecash.Expert website for use of the services provided by the Service.
1.7. The Contractor reserves the right to amend the provisions of this Agreement by publishing such revisions on the site.
2.Essence of the Agreement
2.1. The Contractor shall provide the Client with a set of services (listed in para. 4 of this Agreement) in accordance with the Regulations (para. 5 of the Agreement) provided that the conditions (para. 9 of the Agreement) are fulfilled.
2.2. The Client shall use the services of the Contractor and pay them according to the terms of this Agreement.
3. Rights and obligations of the parties
The Executive undertakes to:
3.1.1 To provide the Client with exchange services regarding the means of payment systems Perfect Money, Advanced Cash, Payoneer, Capitalist, Payeer and others, in accordance with the rules and regulations of this Agreement. The Contractor reserves the right to change the list of available electronic money for exchange by publishing information on the Contractor’s website.
3.1.2. Providing the Client with support - information and technical, connected with the services of the Contractor and features of the use of the service.
3.1.3. Store all data (including transaction amounts, addresses, personal information) on the exchange operations performed by the Client and provide it at the request of the Client (meaning data belonging to a particular Client). The exception is transactions in anonymous payment systems.
3.1.4. To keep confidential and not to disclose to third parties data regarding exchange transactions, as well as personal information of Customers. Exceptions are the following:
- legal decisions on the place of residence of the service owner Ecash.Expert;
- official request from one of the payment systems
3.1.5 Keep accurate statistics on the Client’s transactions and provide a discount in the cases envisaged.
3.1.6 In the event of non-payment of funds for the reasons mentioned in p.p. 3.2.5, 5.4, 5.5 and 5.6 of this Agreement, transfer the Client’s funds (or money belonging to a third party) to the specified details not later than 12 hours from the moment of submission by the Client of a complaint about the absence of receipt of funds after exchange.
3.2 Client undertakes:
3.2.1 Provide accurate and real transaction details: own and third parties. In cases where the Client provides inaccurate information or details for transactions, the Contractor disclaims responsibility for the situation with no funds after the exchange operation.
3.2.2 Indicate the real, confirmed and accurate e-mail address in use.
3.2.3. Independently monitor the health of your email as well as your own device, including using and updating antivirus software. The Client is personally responsible for the lack of access of third parties to its own e-mail address and for the preservation of its confidential information obtained in the process of providing services. In case of providing access to the data and e-mail address to third parties, the Client is personally responsible.
3.2.4. Comply with all requirements listed in this Agreement.
3.2.5. Inform the Administration in a timely manner about the failure of funds (partial or full) for the exchange operation on the provided details of the Client or a third person, as well as in the case of failure to withdraw the funds listed in p.p.p. 5.4, 5.5 and 5.6. The term of circulation is up to 30 calendar days from the moment of failure to receive funds. If this rule is violated, the funds are transferred to the Contractor’s disposal.
3.2.6. Provide a reliable mobile phone number for registration, incoming control call from the security service of the Contractor, obtaining passwords, SMS and other information options, as well as additional identification for work with the service Ecash.Expert. The Client is obliged to ensure that third parties are not allowed to access its own device in order to preserve the security of the information obtained when using the service. The Client is personally responsible for the consequences of providing third parties access to its own device and information on it.
3.2.7. Comply with the current legislation of the Client’s host country regarding the conduct of electronic exchange operations.
3.3 The Administration retains the right to:
3.3.1. Suspension of service for the purpose of technical update or work on errors with mandatory notification of the Client about the time of such work.
3.3.2. Suspension of a specific transaction in the case of legal recourse by payment systems, competent authorities, as well as user complaints of fraud (pending clarification of circumstances).
3.3.3. Determination and modification of discounts for exchange transactions with electronic money.
3.3.4. Determination and adjustment of the amount of the fee charged to the customer for the exchange transaction.
3.3.5. Refusal to provide services to any customer with the right not to explain the reasons.
3.3.6. Requirement for the Client to prove his membership in the exchange operation (in case of receipt of a claim from a third person or in case of dispute). Tools for confirmation can be: a screenshot of an e-mail wallet, an e-mail, a call to the phone number specified in the process of filling in the form for exchange. In the latter case, a call will be made to the number from which the funds were sent for the exchange operation.
3.3.7. Stopping of correspondence or negotiations with the Client in case of recording of rude behavior, insults, demands to answer questions not falling within the competence of the support service or lack of answers to questions from the support service.
3.3.8. Blocking of exchange operations in accordance with p.p. 5.4, 5.5 and 5.6 of the regulation on exchange of electronic means.
4. Services provided
4.1. The Contractor shall undertake to provide the following services: exchange of electronic means through the site. In particular, exchange operations for Perfect Money, Advanced Cash, Payoneer, Capitalist, Payeer with payments on the card of Ukrainian Visa/MC banks, which are listed on the site.
4.2. The Contractor does not assume the verification of the legality and legal possession of the Client’s money, which he uses for exchange operations.
5. E-money exchange rules
5.1. The exchange begins when the Contractor receives from the Client all the amount that he plans to use for the exchange operation. If the amount received is incomplete, the exchange is considered to have started within the amount received from the Client. The Contractor reserves the right to adjust the size of the commission unilaterally.
5.2. Started exchange of electronic money cannot be cancelled. It is also impossible to return to the Client the funds intended for exchange.
5.3. If more than 20 (20) minutes have passed since the Application was made and the Client’s funds in the form of fiat or electronic currency have not been received, the Contractor reserves the right to cancel the Application. The same applies to the Client’s transfer of funds without request. If the Client has transferred electronic or fiat funds after the period specified above, the Contractor shall return them to the Client’s details. In this case, the Client pays the expenses for the implementation of the refund from the specified amount.
5.4. If the exchange rate change amounted to more than 0.5% of the rate specified in the Application - Contractor reserves the right to hold an agreement on the exchange rate, which is relevant at the time of receipt of funds.
5.5 If the amount of funds in fiat or electronic currency received from the Client differs from the amount specified in the Application, the Contractor by default considers that the User has ordered the exchange operation within the limits of the actual amount of funds received. If the difference between the declared asset and the actual received on the account differs by more than 10%, the Contractor reserves the right to cancel the Application and refund the funds for the details specified by the Client. During the refund process, all associated costs will be paid from this amount.
5.6 If the Client has provided irrelevant (blocked, non-existent) details to receive the amount after the exchange operation, the Contractor may suspend the exchange process. After the application of the Client (according to No. 3.5.2), the Contractor will return the funds to the initial account and will keep the commission of payment systems, as well as a 2% penalty from the amount of the refund.
5.7 The time of fixing the course of fiat or electronic means from the moment of submission of the Application to the Contractor is not more than 20 (twenty) minutes. If the funds for the operation are received after the expiry of this period, the Contractor by default carries out the calculation according to the current rate, and the Client agrees with this.
6. Responsibility of the parties
6.1 The Contractor waives its liability and refuses to compensate in cases of incorrect (unauthorized) use of the Service, as well as Client errors that it made in the process of filling out the form for exchange, and which led to the receipt of funds for incorrectly specified details. In such a situation, the operation cannot be cancelled and the money cannot be refunded.
6.2 The Contractor shall not be liable for losses and/or losses of the Client that have arisen due to full or partial violations of the functionality of the Client’s equipment, as well as due to the Client’s inability to use own equipment and/or its elements.
6.3 The Contractor shall waive responsibility for errors, delays and omissions in payments made by banks and electronic payment systems.
7. Mandatory conditions for conducting exchange operations
7.1. Use of Ecash.Expert services for the purpose of carrying out fraudulent and other illegal operations is prohibited. The Client, using the services of Ecash.Expert, agrees that any attempt to conduct a questionable exchange transaction will be blocked until the confirmation, and will be prosecuted in accordance with the relevant legislation of the country, in the territory of which the Client uses the service.
7.2 The Administration of Ecash.Expert reserves the right to provide data on the above transactions upon request of the competent authorities, representatives of payment systems, as well as victims of fraudulent acts - in case of proof of illegal actions by the Client.
7.3. The exchange operation is carried out provided that the Client, using the service Ecash.Expert, uses digital characters exclusively from his wallet, and is also ready to be responsible for the source of these funds and for the methods of their receipt into the electronic wallet. Ecash.Expert itself does not verify the origin of these funds.
7.4 Ecash.Expert Service disclaims responsibility for exchange operations performed on behalf of the Client in favor of third parties.
7.5. Using the Ecash.Expert service after pressing the button «I agree with the exchange rules» means that the Client has accepted all requirements and is ready to act in accordance with this Agreement.
8. AML policy
8.1. By this agreement you confirm the processing of transactions and all payments within the terms of the AML (Anti-Money Laundering) policy. In turn, we take measures to secure transactions and protect services to provide a secure transaction.
8.2 We use security protocols that block companies and accounts subject to EU and United States sanctions.