Top-exchange.com Terms of Service
1. Parties to the contract.
The parties to this agreement are Top-exchange, hereinafter the Service, on the one hand, and the User, in the person of anyone who has acceded to this agreement, on the other.
2. Terms used in this contract.
Service - an automated web product provided by the Service on the basis of this agreement. User - any and every person who agrees to the conditions proposed by the Service and joins this agreement. “Electronic units” - accounting units of the respective electronic settlement systems, indicating a certain amount of claim rights or other rights arising from the agreement of electronic settlement systems with its users. Application - information submitted by the User using the tools 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 application parameters
3. Subject of the contract.
Using the technical means of the Service, by submitting an application, the User instructs, and the Service, for a fee on its own behalf and at the expense of the User, takes actions to receive and further transfer the amount of "electronic units" declared by the User to a person or persons who wish to purchase such for a monetary equivalent in the amount of not lower than provided for in the parameters of the application submitted by the User, as well as actions to transfer the cash equivalent in the amount specified in the parameters of the application to the details specified by the User. The Agreement is deemed completed after the Service sends the amount to the details specified by the User in the application. Any positive difference arising as a result of the above actions as an additional benefit received is transferred to the Service as a premium payment of commission services.
4. Terms of the contract.
This agreement is considered concluded on the terms of a public offer accepted by the User in the course of submitting an application, which is an integral part of this agreement. A public offer is the information displayed by the Service on the parameters and conditions of the application. Acceptance of a public offer is recognized by the User taking actions to complete the application, confirming his intention to make a transaction with the Service on the terms proposed by the Service immediately before the completion of the application. The date and time of acceptance, as well as the parameters of the conditions of the application are recorded by the Service automatically at the time of completion of the application. The period of acceptance of the proposal by the User is 24 hours from the date of completion of the application. The Agreement shall enter into force upon receipt of the “electronic units” from the User at the details of the Service in the amount provided for by the parameters of the User’s application. Accounting of operations with “electronic units” is carried out in accordance with the regulations, rules and format of the corresponding electronic payment systems. The term of the contract is established until the execution of the subject of this contract (paragraph 3) or termination of the contract at the initiative of one of the parties on the conditions specified below.
5.1. In case of non-receipt of “electronic units” from the User to the Service within 24 hours from the moment of the User’s acceptance, the contract, subject to the conditions specified in the application, may be terminated by the Service unilaterally, as it has not entered into force, without the need to notify the User about it. In case of termination of the contract, the "electronic units" received after the above period are subject to return to the sender's details. When making a return, all commission costs for the transfer of "electronic units" are made from the funds received at the expense of the User.
5.2. In case of receipt of “electronic units” from the User to the Service in an amount different from that indicated in the application, the Service should consider this as a User’s order to recalculate the application according to the actually received amount of “electronic units”. If the number of received "electronic units" differs from the one declared by the User by more than 10%, 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. When making a return, all commission costs for the transfer of "electronic units" are made from the funds received at the expense of the User.
5.3. If you do not send a cash equivalent to the details specified by the User within 24 hours from the start of the contract (48 hours for exchanges with Yandex Money), the User may request termination of the contract by canceling his application and returning “electronic units” in full. The request to cancel the application can and must be fulfilled by the Service only if, at the time of receipt of such a request, the money equivalent was not sent to the details specified by the User. In case of cancellation of the application, the return of "electronic units" is made by the Service at the sender's details within 24 hours from the receipt of the cancellation request. The Service is not responsible for possible delays in return if they occurred through no fault of the Service.
5.4. If the User provides erroneous data in the information about the details of the recipient of funds, the Service does not bear any responsibility for any adverse consequences or damage resulting from this error.
5.5. 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 should consider that this is the only acceptable way for the service to change the details in the created application. If it is impossible or rejected (as well as ignoring) in the service’s request to specify the details in the above way, the Service reserves the right to return the received funds to the source of receipt.
5.6. In the event of a delay in the receipt or non-receipt of funds for the details specified by the User through the fault of the payment system indicated by the User in the application, the Service does not bear any responsibility for possible damage caused to the User. The user agrees that in this case any claims are brought against the settlement system itself, and the Service, in turn, assists the user within its capabilities.
5.7. In case of detection of falsification of communication flows or any negative impact on the normal operation of the Service program code that is directly or indirectly related to the User’s application, the application will be suspended by the Service, and the application’s parameters will be recalculated in accordance with the current conditions or, in case of disagreement of the User with the recalculation, return to the details of the sender, entailing the simultaneous termination of the contract.
5.8. 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 of the contract, that the Service does not provide additional guarantees and does not bear any additional responsibility to the User, just like the User does not bear additional responsibility to the Service.
5.9. The user undertakes by his actions not to violate the legally established norms and rules, not to falsify the communication flows used by the Service, and not to violate the normal operation of the Service program code.
5.10. The security service of the service has the right to freeze the client’s application in case if he received illegal enrichment in this or a third-party exchange service in any way and is on the list of debtors, until the reasons are clarified and the damages incurred by the exchangers from this user are clarified.
5.11. In case of receipt of funds from the User to the Service upon the expiration of the application (the application was canceled), the service reserves the right to choose the conversion rate for the application: at the time of creation of the application or at the time of receipt of funds. The service also has the right to refuse the User to execute this application and may unilaterally, at its discretion, terminate the contract by refusing to execute the application and returning the funds received to the sender's details. When making a return, all commission costs for the transfer of "electronic units" are made from the funds received at the expense of the User.
5.12. The completed application is irreversible and canceled or non-refundable.
5.13. Regular terms of exchange are indicated on the questions page.
6. Force Majeure.
In the event of force majeure circumstances (force majeure), which make it objectively impossible for the Service to fulfill obligations under the contract, the date for fulfillment of obligations is postponed for the duration of such circumstances. At the same time, the Service does not bear responsibility for late execution.
The warranty period for the services provided under this contract is 24 hours from the date of execution of the subject of the contract by the Service.
8. The procedure for making claims and resolving disputes.
Any claims under this agreement may be accepted by the Service in electronic form by sending a message in essence to the claim for details (contact page) indicated on the Service website.
9. The form of the contract.
The parties acknowledge this agreement in electronic form as equivalent in legal force to an agreement concluded in writing.
10. Work with maps of England, Germany and the USA.
Transfers from cards of the countries of England, Germany, Canada and the USA will be delayed for an indefinite period, until the true owner of the card is clarified. Until the end of the audit, no action will be taken with this money.
11. Terms of conducting exchange transactions in the Service.
11.1. It is forbidden to use the Service for fraudulent and illegal operations. Using the services of the Service, the User agrees that any attempt to exchange fraudulent capital will be prosecuted to the fullest extent of the law.
11.2. The Service Administration reserves the right to provide information about such payments to law enforcement agencies, payment system administrations, as well as victims of fraudulent actions upon request, if the fact of fraud is proved.
11.3. The user undertakes not to disrupt the operation of the Service by interfering with its software or hardware, as well as by distorting the parameters transmitted to the Service.
11.4. If it is impossible to complete the payment in automatic mode (lack of communication with the payment system, failure to receive confirmation of payment data, lack of funds, erroneous details indicated by the User, etc. from the payment system), the exchange will be completed within 24 business hours or the funds will be returned minus payment system fees.
11.5. The Service Administration has the absolute right to refuse to provide services to any client, without giving reasons.
12. The procedure for changing working conditions
12.1. The administration has the right at any time to make changes or additions to the Rules of the service. They gain strength and begin to act after they are published on the resource.
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