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1. General Provisions
1.1 This Agreement describes the terms and conditions on the basis of which the services of the ImExchanger exchange service are provided.
1.2 The term of the agreement is established indefinitely until the termination of the agreement on the initiative of one of the parties on the terms specified below.
2. Terms and definitions
Service ImExchanger (Service) - a service that provides services for the exchange, sale and purchase of electronic currencies on the Internet.
Service Website (Website) - https://imexchanger.pro
User - an individual or legal entity using the services of the ImExchanger Service and accepting this Agreement.
EPS (Electronic Payment System) - a website or software developed and maintained by a third party, which is a mechanism for accounting for funds (electronic currencies) and 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 fiat currency from the User to the details of the Service.
Application - a completed electronic card of the ImExchanger Service, containing the user's data, the details of the ImExchanger Service for receiving payment from the User and the User's details for receiving the payment.
Payment - transfer of electronic and / or fiat currency from the Service to the User's details
Card verification is the verification of the ownership of the card (or account) to its owner. The conditions for verification of belonging are established by the Service, carried out at a time for each new account (card) of the client.
3. Subject of the Agreement
3.1. The subject of this Agreement is the provision of the following services to the User by the ImExchanger Service for the purchase, sale or exchange of Electronic Currency.
3.2. The user is considered to have accepted this Agreement in the following cases:
3.2.1. Creation of an Application for the performance of one of the services offered by the Service;
3.2.2. Registration on the Service website.
3.3 The Site Administration has the right to unilaterally change the terms of this Agreement. Such changes come into force from the moment the new version of the Agreement is posted on the Site. If the user disagrees with the changes made, he is obliged to refuse access to the Site, stop using the materials and services of the Site.
4. Services and the procedure for their provision
4.1. General procedure for the provision of services by the Service
4.1.1. The order of services by the ImExchanger Service is carried out by the User by creating an Application through the Service Website.
4.1.2. The Service carries out the execution of Applications on a non-refundable basis in accordance with the operating conditions of the relevant EPS.
4.1.3. The Service is not responsible for any actions of the EPS to its Client. The rights and obligations of the payment system and its Client are governed by the terms of service of the respective Payment systems.
4.1.4. By using the services of the ImExchanger Service, the User confirms that he legally owns and disposes of the funds and electronic currency participating in the relevant Payment.
4.1.5. The User undertakes to independently pay all taxes required in accordance with the tax legislation of the User's location.
4.2. Service for Exchange / Purchase / Sale of Electronic Currency
4.2.1. By filling out an Application on the Service Site, the User instructs, and the ImExchanger Service takes actions to exchange / buy / sell the Electronic currency selected by the User on the Service Site.
4.2.2. The User undertakes to transfer the amount of the Electronic Currency or Cash chosen by him, indicated in the Application form, and the Service, after receiving the corresponding Electronic Currency or Cash, undertakes to transfer (transfer) to the User the amount of the Electronic Currency or Cash chosen by him, calculated at the Rate and in accordance with with the tariffs of the Service.
4.2.3 The time of execution of the order is indicated at the stage of creating the Order on the page for placing the Order and in the Order card. The order execution time value may differ for different exchange directions.
4.2.4. The obligations of the ImExchanger Service to transfer (transfer) the Funds to the User are considered fulfilled at the moment of debiting from the account of the ImExchanger Service.
4.2.5. The obligations of the ImExchanger Service to transfer (transfer) the Electronic Currency to the User are considered fulfilled at the moment the Electronic Currency is debited in the relevant Payment System from the ImExchanger Service account, which is reflected in the history of transactions of the corresponding EPS.
4.3 Processing Applications with cryptocurrencies
4.3.1 When the User sends a Payment in cryptocurrency to the details of the Service, the received funds are converted into Tether USDT at the market rate at the time the funds were credited
4.3.2 When the Service sends Payments in cryptocurrency to the user's account, the Service buys the given cryptocurrency for Tether USDT at the market rate at the time the funds are credited
4.4 In case of non-receipt of Electronic currency or funds from the User to the ImExchanger Service within 24 hours from the moment of creation of the Application, the status of the Application will be changed to Expired and further tracking of the receipt of payment will not be performed
4.5 In case of receipt of Electronic currency or funds from the User to the ImExchanger Service in an amount that slightly differs from the amount specified in the Application, the Service has the right to consider this as an order of the User to recalculate upon the request according to the actually received amount of Electronic currency or to unilaterally cancel the Transaction and carry out return to the payer's details, all transfer costs are made from the funds received at the expense of the User.
4.6 If the amount of the received Payment for the Application significantly differs from the expected amount, the Service has the right to consider this as an attempt by the User to pass the Payment of the previous User for his own and thus mislead the operator of the Service to receive an unreasonable payment. In this case, the Service has the right to request from the User a video proof of the payment sent. Video requirements can be described individually, based on the situation that has arisen.
5. Cost of services
5.1. The cost of the ImExchanger Service is set by the Service management and published on the Service Website in the form of Rates for each of the exchange directions
5.2. The ImExchanger service can independently change the exchange rates of Electronic currencies and the commissions charged by it at any time unilaterally, notifying the Users of the Service by posting information on the Service Site.
5.3. The Application, which the User completes on the Service Website, indicates the Rate, the method of Exchange, as well as the total amount of funds or electronic currency transferred to the User.
5.4. The ImExchanger service withholds the value of its remuneration at the time of the corresponding Transaction.
6. Responsibility of the Parties
6.1 The ImExchanger service is liable to the User in the amount not exceeding the amount of Electronic currency or funds transferred by the User.
6.2 The ImExchanger Service is not responsible for malfunctions, errors and failures in the operation of software and hardware that ensure the operation of the Service's services, arising for reasons beyond the control of the Service, as well as the related losses of the User.
6.3 The ImExchanger service provides services exclusively for the exchange, purchase and sale of Electronic currencies. The Service in no way accepts payment in favor of third parties, and also categorically prohibits transfers to wallets and accounts that do not belong to the User.
6.4 The ImExchanger service is not responsible for the User's losses incurred as a result of fraudulent actions of third parties.
6.5 The User is solely responsible for the accuracy of the information specified by him when filling out the Application. If the User has not specified or incorrectly specified personal data or payment data, the ImExchanger Service is not responsible for the User's losses incurred as a result of an error made by him.
6.6 The User guarantees that he is not involved in:
- money laundering operations;
- receiving income from illegal drug / weapon trafficking;
- receiving proceeds from criminal and / or terrorist activities;
- income from trade with countries, trade with which is prohibited by international organizations;
- income from any other illegal activity.
6.7 In the event of a delay in the receipt or non-receipt of funds to the details specified by the User, due to the fault of the Payment system or the bank specified by the User in the Application, the Service does not bear any responsibility for any damage caused to the User. The User agrees that in this case, any claims are made against the Payment system or the bank.
6.8 The Parties are released from liability for full or partial failure to fulfill their obligations under the Agreement, if such was the result of force majeure circumstances that arose after the entry into force of the Agreement, as a result of extraordinary events that could not have been foreseen and prevented by reasonable measures.
6.9 In other cases of non-fulfillment or improper fulfillment of their obligations under the Agreement, the Parties shall be liable in accordance with the terms of this Agreement.
7 Payment refund procedure
7.1 If the User, on his own initiative, requests a refund of the Payment, the Service converts the amount received in Tether USDT into the currency sent by the client and sends the refund minus the commission for sending according to the details agreed with the Client.
7.1.1 Additionally, the Service charges a commission of 1%, but not less than $ 20 for carrying out a refund operation.
7.2 If a refund is made on the initiative of the Service, the Service converts the amount received in Tether USDT into the currency sent by the User, and sends the refund according to the details agreed with the client.
8. AML and KYC procedure
8.1 To control incoming transactions, the Service checks AML and KYC. The verification is carried out using unique algorithms, the details of which were not disclosed, as well as using technical cryptanalysis services.
8.2 The result of the verification is information about the sources of funds in the received transaction and the percentage of the types of sources. We include the types Dark Service, Dark Market, Illegal Service, Exchange Fraudulent, Scam, Stolen, Mixer, and Ransom as high risks.
8.3 If the verification of the transaction revealed the total risk of high-risk funds above 40%, then the Service withholds a commission of 10% of the amount of the incoming payment.
8.4 If the User has requested a refund of high-risk funds before the execution of the application, the Service also deducts a commission of 10% of the amount of the incoming payment.
8.5 The results of the transaction can be provided to the User at his request.
9. Other conditions
9.1. It is prohibited to use the ImExchanger Service to conduct fraudulent and illegal transactions.
9.2. The ImExchanger Service Administration reserves the right to provide information about payments to law enforcement and other authorities in accordance with the Service's AML policy.
9.3. At the request of the Service Administration, the User undertakes to provide identity documents, as well as other information regarding payments.
9.4. The User undertakes not to disrupt the ImExchanger Service by interfering with its software or hardware.
9.5. The ImExchanger service, in the event of suspicious actions in the process of filling out an application by the User, in order to avoid damage from hacker attacks, has the right to suspend the execution of such operations until the reasons for these actions are clarified.
9.6. The Service Administration has the absolute right to refuse to provide services to any client, without giving any reason.
10. Final provisions
10.1. The parties have entered into this Agreement in electronic form and recognize it as equivalent in legal force to an agreement concluded in writing.
10.2. The ImExchanger service has the right to send the User to the e-mail specified by him information about the status of the exchange process, as well as other information, including advertising.
10.3. All disputes and disagreements that have arisen or may arise from this Agreement are subject to resolution through negotiations on the basis of a written application from the User. Either Party has the right to apply for a dispute resolution to the court at the location of the Service.