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GENERAL TERMS AND CONDITIONS OF CONTRACT
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1. GENERAL:
This CONTRACT forms the " Agreement" which governs the relationship between EUROCOIN BROKER, SA and its Clients / Developers hereinafter: CLIENT, and its purpose is to protect the interests of all parties.
Each CLIENT is obliged to read, understand and comply with all the terms and conditions of the agreement and will proceed to accept them as a precondition for their Online registration.
EUROCOIN BROKER S.A Version: April 2017
EUROCOIN BROKER, S.A. CIF: A24699704 with registered office in León, Calle Fray Luis de León no. 27, CP 24005, León, manages the cryptocurrencies called EurocoinToken (ECT) and EurocoinCash (ECH) and an Online Business PlatformEurocoinpay that allows its participants hereinafter, CLIENTS, to obtain a series of operations and benefits through the purchase of the Start Pack or Tokens.
Accordingly, the contracting parties are theCLIENT and EUROCOIN BROKER SA hereinafter, EBK.
2. PURPOSE OF THE CONTRACT:
2.1 The purpose of the contract is to manage the participation of the CLIENT in obtaining the advantages as a CLIENT on the Eurocoinpay platform and the benefits obtained through the acquisition of products and services, all as defined in these General Conditions of Contract.
The products and services acquired will be registered in the client’s virtual office - Backoffice-. To obtain the benefits, they will have different action lines at their disposal: Exchanges of purchase and sale of virtual currency and cryptocurrencies, the cryptocurrencies purchase / sale platform, purchase of consumer cards with a direct discount for first-class and quality establishments, etc.
2.2 CLIENTS will also have the right to participate in the - Friend - recommendation programme and to obtain the consequent benefits as such, as well as the commission corresponding to the sponsor Bonus, in accordance with these general conditions of contract.
If so desired, CLIENTS may introduce or disclose the Friend programme to other people and recommend them as new CLIENTS.
Participation in the Friend programme by CLIENTS is voluntary, and they are not obliged to make recommendations or register new CLIENTS .
2.3 CONTRACTUAL BASE, when Eurocoinpay accepts the registration request, the applicant becomes a CLIENT of the platform and receives a personal client number (Id.), which entitles them to interact in the same, as well as well as to participate in the Friend programme.
2.4 For the formalisation of the contract between EBK and the CLIENT, the online registration modality with the acceptance of policies, as well as terms and conditions, must be used.
2.5 THE CLIENT declares that the identifying and supporting data they provide as a record is true and will attach all required documentation according to KYC of EBK set out to justify it about them and; in the case of having wrongfully lapsed the truth, they will be sanctioned with the termination of the agreement and the loss of acquired rights. They shall indemnify and exonerate EBK from any liability with respect to third parties such as the Public Treasury, etc.
The CLIENT undertakes to inform EBK immediately of any possible change in the personal data provided in the registration in particular, address of residence, email address, bank details, telephone number, and other data provided.
2.6 Only one record or CLIENT ACCOUNT per individual or legal entity will be allowed. The registration must be performed indicating the fiscal address and the registered office for receiving shipments from the CLIENT. A multiple registration carried out in order to obtain undue CLIENT benefits or undue Friend commissions, will empower EBK to terminate the contract for a relevant reason, as well as to cancel the CLIENT benefits and the Friend commissions acquired in this way. In the case of multiple registrations, the Client numbers registered last will be deleted. The CLIENT advantages and the Friend commissions that were generated solely as a result of a multiple registration will lose their validity.
2.7 LEGAL RELATION: Between EBK and the CLIENT no type of employment relationship, nor of services shall be established , between employers or professionals, nor of a company in particular, they shall not become part of any relationship other than the participation of the CLIENT in the Eurocoinpay Commission and Benefits Programme in accordance with these general conditions of contract. Participation in the Commission Programme or, where appropriate, the recommendation of new CLIENTS, takes place exclusively within the framework of an activity under their own responsibility, autonomously and legally independent.
2.8 THE CLIENT: Client advantages will only be provided within the virtual currency, cryptocurrency, Friend programme and sponsor Bonus business lines.
- CLIENTS will not be entitled to any other compensation for their activity.
- CLIENTS will not be entitled to compensation for expenses.
- In the development of their commercial activity, CLIENTS are expressly forbidden to act in a way that gives the impression of being employed or of being hired by EBK.
- CLIENTS are prohibited from representing EBK in particular, and are not authorised to sign contracts or to accept benefits on behalf of EBK.
- The violation of this section will entitle EBK to terminate this CLIENT agreement.
- CLIENTS exercise an activity and for that purpose, will be responsible, if necessary, for their activity being duly registered and obtaining all the necessary administrative permits for the exercise of the activity. They will also be responsible for duly paying the corresponding taxes and fees of their Country, which are imposed in this respect.
- All Clients are responsible for the payment of taxes that may arise from the increase of value or added value of our currency and the profits obtained with our business lines according to the regulations of their country of residence keeping free EBK of any liability regarding claims and obligations of third parties.
- CLIENTS are not authorised to represent EBK nor to act on its behalf.
- CLIENTS will not be able to receive cash or to receive payment on behalf of EBK.
- The culpable breach of this point will entitle EBK to terminate the contract for a relevant reason.
2.9 BRANDS AND LOGOS:
- Without prior written consent from EBK, CLIENTS will not be authorised to use logos, fonts, trademarks, slogans, domains or other characteristic elements of Eurocoinpay that could induce confusion or errors with them; or make, distribute or publish, either in writing, in electronic format or in any other means (e.g., on Internet sites, YouTube and Facebook, etc.) business cards, presentations, videos, audio files, screen shots, web content, media content, brochures, leaflets, web pages, applications, advertising material, advertising by ordinary or electronic mail, or similar that refer to or mention Eurocoinpay or the Friend programme.
- Neither are clients authorised to carry out actions, for example, informative actions, events, workshops or seminars, which refer or mention Eurocoinpay or the Friend programme. This prohibition includes any natural or legal person, whether public or private, acting directly or through another person on their behalf or following their instructions, with a purpose related to their commercial, business, trade or profession for their own benefit, without duly legitimising or recognising using official documents and EBK protocols.
EBK shall make available to the CLIENT the promotional and informative material (documents, catalogues, presentations, videos, audios, etc.) hereinafter "Communication and training material" that the CLIENT needs to carry out its activity. This material will be available in the Personal BackOffice of each Client in the tab Information> Documentation / Downloads, in the medium and means enabled for it by Eurocoinpay, or it can be ordered through the following email: academia.ebk@eurocoinpay.io
2.10 THE CLIENT:
- Clients can only use the authorised Communication Material, as well as that which Eurocoinpay uses as dissemination tools in networks and media, during the term of this contract.
- CLIENTS will also be banned from using bad practices to attract CLIENTS from other sales systems and structured commercial networks similar to Eurocoinpay.
- We are aware of scams, copyright violations, offensive issues, and therefore we reserve the right to admit or reject any Client on our Platform, cancelling their BackOffice if their ethics and good practices do not correspond with our principles. Especially those persons who are involved or convicted in the resulting judicial proceedings and as a result of bad practices and professional actions that they may have carried out.
2.11 Eurocoinpay Clients will be governed at all times by the Eurocoinpay Code of Ethics and Good Practices, both for participation in the platform and for carrying out their activity when promoting Eurocoinpay.
2.12 THE PREPAID CARD Eurocoinpay is a prepaid debit card in cooperation with a Visa® payment card service provider which is provided to all Clients who request it through the Backoffice.
2.13 PAYMENTS: Clients of Eurocoinpay will receive the split of the commissions corresponding to their Sponsor Bonus on Friday afternoons, through the Chycoin wallet (CH). The Sponsor Bonus commission is 3% of the amount of withdrawals from the Chycoin wallet to the bank account of direct friends.
Clients may monetise their balance whenever they so wish, through the means enabled for the same within BackOffice, with the operative minimum amount, of 100 Chycoin. Withdrawals from the Chycoin, wallet are subject to a 25% contribution of the withdrawn amount, which goes to the client reversal fund. The value of 1 CH equals €1.
Eurocoinpay clients that invite a friend to participate in our ICO, will receive a 15% commission on the purchase of EurocoinTokens in their friend's ICO, plus 5% of EurocoinToken purchases in the ICO of the direct ones of their friends. These commissions are received automatically, in the EurocoinCash wallet (ECH), at the moment that the purchase payment of EurocoinTokens is confirmed from their friends and from their friends' direct orders. The value of 1 ECH equals €1.
2.14 SECURITY.
- CLIENTS must keep in a secure manner and treat with strict confidentiality the access data for the use of the CLIENT's Personal Area (Client's name and personal password).
- Under no circumstances should access by third parties to the Client's name or personal password be permitted.
- CLIENTS may modify their personal configuration at any time and may never incur subsidiary liability in the last session from the breach of this clause to EBK.
- EBK is not responsible under any circumstances for the loss and misuse of the card and personal data to which access is gained through our Platform, even though we have civil liability insurance that protects us from possible fraud in this regard, always in compliance with the current law.
2.15 CLIENTS undertake to notify Eurocoinpay without delay of any improper use of their online access. After the immediate blocking of access, CLIENTS will be sent new access data via WhatsApp, email or postal mail.
2.16 Under no circumstances may Clients change the Friend number with which they acceded as a client.
2.17 DATA PROTECTION:
- To the extent necessary, Eurocoinpay, as the entity responsible for data protection, will collect, store and process the personal data of the CLIENTS.
- The supply of such personal data is voluntary on the part of each CLIENT and the latter expressly accepts through these General Conditions its collection and processing, having the right of access, rectification, cancellation and opposition according to the applicable legislation.
- CLIENTS are also informed, and also expressly consent, that their data shall be accessible to Eurocoinpay. However, the lack of consent, cancellation or opposition to the processing will prevent the registration of the CLIENT.
- Once they provide their data to Eurocoinpay, they will consent to providing their referrer (Friend) the following data in their case: Client number, name and surname, town, province, pack or tokens, registration date, friend number, sponsor or upline.
- Whenever the CLIENT gives their consent, Eurocoinpay will also use the data of the CLIENTS to provide personalised information about products, promotions and services.
2.18 Any query regarding information, modification or cancellation of data may be sent directly to Eurocoinpay through the means set out for this purpose and included in their backoffice / contact.
- Eurocoinpay uses internationally recognised security technologies to protect the data of CLIENTS against unauthorised access to it.
- Eurocoinpay will only be responsible for the security of the data transmitted over the Internet to the extent provided in the Consent point regarding data protection for the receipt of commercial communications: By this document, the CLIENT declares his / her agreement (revocable at any time) to the collection, by Eurocoinpay, of their personal data and with the use of this information by Eurocoinpay to elaborate personalised information, as well as to being contacted by WhatsApp, email, postal mail or personally in order to advertise our products.
- The CLIENT may revoke his or her consent at any time with effects for the future, by postal mail or by email. They should contact: EUROCOIN BROKER SA C / Fray Luis de León no. 27, 24005 León- Spain, or by email: administracion@eurocoinbroker.com
2.19 RESPONSIBILITY:
- Eurocoinpay is liable for the unconditional and voluntary damages of negligence of physical integrity and health that EBK assumes as fateful and that have supervened due to its fault. It will also be liable for any other damage arising from the fraudulent or grossly negligent breach of obligations by Eurocoinpay.
- Eurocoinpay will only respond in a limited way to the typical and foreseeable damages derived from a breach by light negligence of those obligations that are fundamental for the proper and correct execution of the contract and in the fulfilment of which, thus, the CUSTOMER trusts.
2.20 ESSENTIAL OBLIGATIONS
- Any other claim for damages will be excluded, subject to the provisions of the following point, this will apply especially provided that Eurocoinpay is not responsible for any fault, e.g. in the cases of:
(a) Interruptions in the availability of the CLIENT to access to the Internet.
(b) Other technical and electronic failures that arise during the transmission of data over the Internet, as well as during the use of the Internet portal, of the Eurocoinpay SMS services or of the Eurocoinpay applications for mobile terminals, provided that said failures are not the responsibility of Eurocoinpay.
(c) Technical and electronic failures not attributable to Eurocoinpay that prevent the registration of commissions (in particular, possible breakdowns in the registration system and the loss of data that this may cause).
(d) Unavailability of mobile telephony networks or terminals.
(e) Incorrect operation of the CLIENT's mobile terminals.
- Provided that the liability of Eurocoinpay is limited or excluded, the limitations or exclusions will also apply to the personal liability of the workers, the legal representatives and EUCE Clients.
2.21 TERMINATION OF THE CONTRACTUAL RELATIONSHIP BY THE CLIENT :
- CLIENTS shall have the right to terminate their contractual relationship at any time by means of a written declaration through the means indicated in point 2.18. Likewise, CLIENTS will not be obliged under any circumstances to make purchases, participate in the Friend programme, or perform any other type of activity within the framework of this contractual relationship.
2.22 TERMINATION OF THE CONTRACTUAL RELATIONSHIP BY THE EUROCOIN BROKER:
- Eurocoinpay may proceed with the ordinary resignation of the contractual relationship, with a period of notice of 8 weeks, or resolve it for a relevant reason with immediate effect in the event of culpable breach of these obligations, CLIENTS will indemnify and exonerate Eurocoinpay from any liability. This will also apply to the costs arising from such third-party claims.
- In addition, Eurocoinpay will have the right to claim the damages produced by CLIENTS and that are a consequence of violations of the obligations of CLIENTS themselves, including the legal costs (lawyer, solicitor and court fees).
In case of termination of the contractual relationship, CLIENTS will only be entitled to receive from the Friend programme the amounts that were settled at the time of termination of the contract, that is, only if at the time of termination of the contract the commissions notes had already been made that give right to the monetisation of the same and their accumulated Eurocoin will be paid at 0.05 cents, regardless of the sale price in the Exchange at that time.
- If Eurocoinpay terminates the contract without notice for a relevant reason, but without the reason being culpably caused by the CLIENT, the latter may request the monetisation of his/her commissions to be received, in a period of 8 weeks from the end of the contract period.
2.23 Participation in the Friend programme constitutes a mere exchange relationship and therefore no partnership or association relationship shall be established between the CLIENT and Eurocoinpay, and there shall be no contractual link, in particular.
Eurocoinpay will buy back its currencies from clients who wish to do so, until 2018 (inclusive) at a price of 0.05 cents.
2.24 Modifications to these General Conditions of Contract, for the Friend programme and the Sponsor Bonus commission may be changed if Eurocoinpay deems it appropriate, these changes between the CLIENT and Eurocoinpay will be notified to the Client who shall recognise and accept that EBK reserves the unequivocal right to change or modify the Commissions and Benefits Plan.
- Eurocoinpay will notify CLIENTS of any changes to the Friend Programme and Sponsor Bonus 15 days in advance by its publication / announcement in the Eurocoinpay website BackOffice and the latter shall be obliged to accept them in order to be applicable.
2.25 Any terms used in the contract with a specific grammatical gender refer to both women and men and legal entities.
2.26 The contractual relationship will be governed by Spanish legislation . The application of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
2.27 Registration and participation in the Friend programme may be done by persons over the age of 16. (With parental authorisation until the age of 18)
2.28 CLIENTS undertake to assume all taxes, fees, duties, etc. in their case derived from their participation in the Friend programme and Sponsor Bonus Commissions plan.
2.29 "COMMISSIONS FOR CLIENTS"
All Eurocoinpay Clients will be able to receive the benefits and commissions detailed in the Friend programme and Sponsor Bonus.
2.30 "COMMISSIONS FOR PROMOTING CLIENTS"
Those Clients who carry out the dissemination work and invite their friends to buy ECT Tokens and register at Eurocoinpay will receive the commissions detailed in the Friend programme.
2.31 The "Client ID Number." is a unique number provided by Eurocoinpay that serves for the identification of the CLIENT and for the registration of all their commissions.
2.32 OTHER COMMISSIONS: -
The purchase of cryptocurrencies with Euros on the platform has a cost of 1.00% per operation.
The operation in the Exchanges of Cryptocurrencies among clients has a cost of 0.25% per operation, except in the Eurocoin that has no cost.
2.33 The Eurocoinpay Agreement is signed for a minimum period of 12 months from the date of registration and acceptance and will be extended for another 12 months unless one of the parties resolves it, such resolution must be given notice of one month before that minimum period is met. Subsequently, it will be renewed for periods of 12 months, unless one of the parties resolves it before the end of the extension is completed, giving notice of the same with the following advance notice periods. For years 2 to 5, the notification period will be 2 months, for the remaining ones, 6 months.
APPLICABLE LAW AND JURISDICTION
2.34 This agreement is subject to Spanish substantive law , excluding the United Nations Convention on Contracts for the International Sale of Goods.
2.35 The exclusive competence for any litigation derived from this Eurocoinpay Agreement or related to it, corresponds to the courts of León-Spain, the parties expressly renouncing any other that may be applicable to them.
2.36 If the judicial process is not preceded by an act of state conciliation, before initiating any judicial process, the parties will be obliged to perform an act of friendly composition at Eurocoin Broker SA, Calle Fray Luis de León no. 27, 24005, León, Spain.
GENERAL PROVISIONS
2.37 CLIENTS , are not authorised to assign to third parties this Agreement or the rights and obligations established in this Eurocoinpay Agreement, nor may they sell their CLIENT ID. to third parties, or to transfer it in any other way, not even within the framework of succession on a universal basis, without the prior written consent of Eurocoinpay.
- If a CLIENT dies, the contractual relations between him/her and Eurocoinpay will pass to his/her successors in accordance with the current inheritance law.
- In addition, they may not encumber or pledge any right that corresponds to them without the prior written consent of Eurocoinpay.
2.38 If any provision of Eurocoinpay is or will be totally or partially null, unenforceable or non-performable, in this agreement, it will not affect the validity, realisation or execution of the rest of the provisions.