Terms and conditions
1. General Provisions
This agreement (hereinafter referred to as the Agreement) describes the rules and conditions on the basis of which the services of the p2p platform for transferring electronic currencies of various EL-CHANGE payment systems are provided and is an official written public offer addressed to individuals (hereinafter referred to as the User) to conclude an Agreement on the provision of services EL-CHANGE service on the terms set out below. Before using the services of the EL-CHANGE service, the User is obliged to familiarize himself with the terms of this Agreement in full. The use of the services of the EL-CHANGE service is possible only if the User accepts all the terms of the Agreement. The current version of the Agreement is located for public access on the EL-CHANGE service website (https://el-change.com).
2. Terms and definitions used in the Agreement
The EL-CHANGE service is the name for a p2p platform for transferring electronic currencies of various payment systems, and offers its services using a special software interface for all Users.
The website of the Service is https://el-change.com.
User - any individual who wishes to use the services of the EL-CHANGE service and who has accepted the Agreement in accordance with its terms.
Payment system - a software product created by a third party, which is a mechanism for the implementation of accounting for monetary and / or other obligations, payment for goods and services on the Internet, as well as the organization of mutual settlements between its users.
Electronic currency is a monetary and / or other obligation between the developer of a given currency and its user, expressed in a digital way.
Payment / operation - transfer of electronic and / or other currency from the payer to the recipient.
Payment system client - a person who has entered into an agreement with the relevant payment system for the acquisition of property rights of claim against it, measured in conventional units adopted in the relevant payment system.
Application - information submitted by the User using the means of the Service, in electronic form, indicating his intentions to use the services of the Service on the terms proposed by the Service and specified in the parameters of the application.
Source currency - the currency that the User wishes to exchange.
Initial Account - wallet number or any other designation of the User's account in the Payment System from which the Initial Currency was sent.
Currency of receipt - the currency that the User receives as a result of the exchange of the Initial currency
Receipt Account - wallet number or any other designation of the User's account in the Payment System, to which the Receipt Currency will be sent.
Currency reserve - available at the disposal of the EL-CHANGE Service, at the time of the creation of the Application, the volume of a certain Electronic currency.
Currency exchange is the exchange of the electronic currency of one payment system for the electronic currency of another payment system.
Rate - the value ratio of two electronic currencies when exchanging them.
Disruption of the Service - interference with the software or hardware of the Service; distortion of parameters transmitted to the Service; as well as the creation of applications, without their actual payment, for a time period specified by the system.
3. Subject of the agreement
3.1. The subject of this agreement is services for the exchange of electronic currencies through p2p payments between individuals.
3.2. The Service offers its services to all Users and does not supervise the User's operations in any of the Payment systems.
3.3. Any completed e-currency exchange operation cannot be canceled by the User after its completion, i.e. the User receives the funds due to him under the previously accepted terms of the transaction, expressed in electronic or fiat form.
4.Rights and obligations of the parties
4.1. Rights and obligations of the Service
4.1.1. 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 guarantees.
4.1.2. Taking care of the quality of the services provided to the Users, the EL-CHANGE Service undertakes to perform all actions within the framework of this Agreement
4.1.3. The Service guarantees the fulfillment of obligations to the User only within the amounts entrusted to the Service by the User to carry out the exchange operation.
4.1.4. 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 arising from the impossibility of gaining access to the website and services of the Service.
4.1.5. 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. And also for the profit lost by the User and other costs resulting from the User's erroneous expectations regarding the tariff rates of the Service, the profitability of transactions and other subjective factors.
4.1.6. In the case of a completed application, the Service is not responsible and does not compensate for losses if the User specified the details incorrectly when filling out the application. In this case, the Service does not undertake to take actions to return such funds.
4.1.7. If the User violates this agreement, the Service has the right to 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 a letter directly from the email address specified in the application. If it is impossible, or refusal (as well as ignoring) in the request of the Service to clarify the details in the above way, the Service reserves the right to return the funds received to the source of receipt.
4.1.8. In order to counter the legalization of proceeds from crime and the financing of terrorism, the EL-CHANGE service has the right to:
1. AML checks of transactions during each exchange operation, with the receipt of cryptocurrency from the User.
2. Suspend financial transactions in cases where the AML verification of the transaction sent by the client shows a significant risk.
3. Request the passage of identity verification with the presentation of documents proving the identity and confirming the origin of the funds.
4. When the user passes verification, within 2 calendar days, fulfill the request for an exchange, or return the funds, minus a commission in an amount not exceeding the total cost of labor costs for processing the application and organizing the return of funds.
5. If the User refuses to pass verification, return the funds or make an exchange within 7 calendar days, provided there is no request from the competent authorities for the transaction. Upon return, a commission will be withheld in an amount not exceeding the total cost of labor costs for processing the application and arranging a refund.
4.1.9. The Service has the right to suspend or cancel an ongoing operation if the User violates the terms of this agreement and return the funds contributed by the User to the user's account.
4.1.10. The Service has the right to restrict the User's access to the Service's services if the User violates this agreement, or if the User suspects that he is trying to disrupt the operation of the Service (see “Terms”).
4.1.11. The service, using a technically complex software product, allows the possibility of a technical failure and reserves the right in such cases to refuse the user to fulfill the terms of the agreement, with a subsequent refund to the user's details in full.
4.1.12. The Service has the right, in case of receipt of funds from the User to the Service in an amount that differs from the amount specified in the application, to consider this as an order of the User to recalculate and automatically execute the application, according to the actually received amount, without additional agreement with the User.
4.1.13. The service has the right to unilaterally terminate the agreement with the user and return the funds if the payment from the user is received within a period exceeding the time allotted for the payment of the application.
4.1.14. The Service has the right to impose the costs associated with the return of funds received from the User in the cases specified in the PP. (4.1.9 .; 4.1.12; 4.1.13).
4.1.15. The service has the right not to apply the terms of the affiliate program in exchange transactions related to cash.
4.1.16. The Service reserves the right to withhold up to 15%, as compensation for the labor costs and costs of the Service on the partner's commission, when the amount received is returned in the event: if the payment was made in a currency that differs from the currency in which payment is provided upon application and up to 10% if the details of a currency other than the one selected for receipt are specified for receipt.
4.1.17. The EL-CHANGE service is not a party to the agreement between the Payment system / Exchange and the Client of the payment system / Exchange and is in no way responsible for the actions of the Payment system / Exchange and its Client.
4.1.18. If it is necessary to return funds to the user's details, the Service will make every effort, but does not guarantee the immediate receipt of the returned funds by the user. Funds will be returned within a day, and in some cases up to 7 banking days (depending on the user's payment system)
4.1.19. The service has the right to request additional information from the user in the framework program. If you refuse to use the data requested, a refund will be issued (at the discretion of the Service - the return can be made to the source of receipt)
4.2. User's rights and obligations
4.2.1. By using the services of the EL-CHANGE Service, the User confirms that he legally owns and disposes of the funds and electronic currency participating in the relevant Payment.
4.2.2. The User should take into account that the only acceptable way for the service to change the details in the created application is an email sent from the mail specified by the User in the application.
4.2.3. The User undertakes to independently calculate and pay all taxes required by the tax legislation of the User's location.
4.2.4. By transferring funds for exchange to the details provided by the Service in the application, the User confirms his agreement with this Agreement.
4.2.5. The User can express his gratitude for the work of the Service, in any form convenient for the User.
4.2.6. The User undertakes not to use the Service to conduct fraudulent and illegal transactions.
4.2.7. The User undertakes not to disrupt the Service
4.2.8. The user undertakes to indicate the number of the card from which the payment will be made. If the user sent funds from another card (account) or, avoiding a direct transfer, used the services of third parties / services, the Service reserves the undeniable right to
1.unilateral termination of the contract with the user,
2.Return of the funds received to the source of their receipt
4.2.9. The user undertakes to independently study and understand the conditions of the Payment system / Exchange / Bank used by him, which are governed by the relevant agreements, rules and conditions between them and the client.
4.2.10. The User has the right to request a refund before the actual completion of the exchange of the Service. By giving such an order, the user agrees that the Service does not reimburse the user's costs associated with paying for the application (commissions of third-party payment systems, costs for sending a transaction, and others). And also the user agrees to reimburse the costs of the Service associated with the return, which will be automatically deducted from the returned funds.
5. Warranties and responsibilities of the parties
5.1. The EL-CHANGE service is not responsible for the User's losses incurred as a result of illegal actions of third parties.
5.2. The service guarantees the fulfillment of the terms of this agreement.
5.3. In exchange applications in which the Initial currency is cryptocurrency, the Service guarantees the rate fixing after the first confirmation of the transaction on the network. Until confirmation is received, the order can be recalculated according to the exchange rate, if it changes by more than 0.5%.
If the order is paid in an amount different from the declared one, the rate for such an order will be recalculated at the stock exchange rate at the time of receipt of payment. (deviation of the course is possible within the framework of the course parser within 1-2 minutes)
If the payment for the application was received after the expiration of the timer set aside for payment, the rate for such an order will be recalculated at the stock exchange rate at the time of receipt of payment. (deviation of the course is possible within the framework of the course parser within 1-2 minutes)
In exchange requests in which the Initial currency is cash, the rate will be recalculated by the system every 5 minutes, until the actual receipt of funds by the partner of the Service.
6. Force majeure
6.1. Neither the User nor the Service will be liable to each other for delays or failure to fulfill their obligations arising from the occurrence of force majeure circumstances, including natural disasters, fire, floods, acts of terrorism, change of government, civil unrest, as well as the failure of the Payment systems, systems power supply, communication networks and Internet service providers.
Conditions of some Payment systems:
• 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 system and / or a 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. The mutual rights and obligations of the User and the Payment system and / or the financial institution are governed by the relevant agreements.
• Bank payments are processed by the Service within 24 hours, if necessary, the Service may require Verification of the client's card (account);
• Perfect Money can delay transfers for more than 24 hours;
• According to Qiwi's offer, any payment made in this payment system can be stopped for additional verification by the Security Service of Qiwi Bank. The algorithm by which payments are selected for verification was not disclosed. Thus, any of our transfers to the client and the transfer from the client to us can be delayed for up to 48 hours. After the decision of the Qiwi Bank Security Service, the funds will either be transferred to the recipient or returned to the sender. The process is independent of us and every situation will be resolved in one way or another. If the client's transfer is checked by the Qiwi Security Council, then after the transfer has passed the check and reached us, the application is restored at the current rate;
• If the amount of cryptocurrency sent by the User (Bitcoin, Ethereum and others) is less than 0.001 in equivalent, the money will not be returned back;
- When sending funds to a Ripple wallet, you must specify the recipient's XRP address and the payment ID (destination tag), if such is required to identify the payment by the recipient. If the payment identifier (destination tag) is not specified by the user when placing the order, the Service considers that this parameter is not needed for the recipient of funds and will send it with a randomly assigned destination tag..
- 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.