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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 Cryptocurrency Orders
4.3.1 As an aggregator of funds for receiving deposits, the Service uses accounts of cryptocurrency exchanges. The user understands that when paying for the order, the funds are not transferred to the user's cold wallet, but to the exchange account.
4.3.2 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 of crediting the funds.
4.3.3 When the Service sends a Payment in cryptocurrency to the user's details, the Service purchases the given cryptocurrency for Tether USDT at the market rate at the time of crediting the funds.
4.3.4 If the User does not receive E-currency or funds from the ImExchanger Service within 24 hours from the moment of creating the Order, the status of the Order will be changed to Overdue and further tracking of payment receipt will not be performed.
4.3.5 In the event that the User receives the ImExchanger Service E-currency or funds in an amount slightly different from that specified in the Order, the Service has the right to consider this as an instruction from the User to recalculate the Order according to the amount of E-currency actually received or unilaterally cancel the Transaction and make a refund to the payer's details, all transfer costs are made from the funds received at the expense of the User.
4.3.6 If the amount of the Payment received under the Order differs significantly from the expected amount, the Service has the right to consider this as an attempt by the User to issue the Payment of the previous User as his own and thus mislead the Service operator to receive an unreasonable payment. In this case, the Service has the right to request from the User a video proof of the sent payment. Video requirements can be described individually, based on the situation.
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, crypto exchange 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 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, to the details agreed with the Client.
7.1.1 Additionally, the Service charges a commission of 1%, but not less than 25$ for the refund operation.
7.2 If the refund is initiated by the Service, the Service will convert the amount received in Tether USDT into the currency sent by the User.
7.3 If the User requested the return of high-risk funds before the execution of the Order, the Service also withholds a commission of 10% of the amount of the incoming payment.
8. AML and KYC procedure
8.1 To control incoming transactions, the Service checks AML and KYC. Verification is carried out using unique algorithms, the details of which are not disclosed, as well as with the help of technical cryptanalysis services.
8.2 The result of the check is information about the sources of funds as part of the received transaction and the percentage of types of sources.
8.3 The initial verification of an incoming transaction is carried out by means of AML and KYC of the receiving exchange.
8.3.1 If a high risk of a transaction or a match with the base of international criminal cases is revealed, the exchange has the right to freeze the transaction and request from the User documents to verify the identity of the sender and additional information explaining the source of funds.
8.3.2 The User understands that the verification initiative does not come from the Service, but from the host exchange, and undertakes not to make a claim due to a possible freezing of funds.
8.3.3 The User understands that if the requested information is not provided, the funds will not be credited to the account of the Service, respectively, the Order will not be carried out.
8.3.4 Upon receipt by the Service of the requested information from the User, the information is transferred to the legal department of the Exchange. The Order can be carried out after receiving approval from the Exchange, unfreezing the funds and crediting them to the account of the Service.
8.4 We consider a transaction to be high risk if at least one match is found:
8.4.1 If the total transaction risk identified by the technical cryptanalysis service is from 70%
8.4.2 If the total percentage of funds of an incoming transaction with the Dark Service, Dark Market, Illegal Service, Gambling, Exchange Fraudulent, Scam, Stolen, Mixer, Ransom, Sanctions, Child Exploitation and Terrorism Financing types is from 40%
8.5 If the transaction is recognized as high-risk, the Service withholds a commission of 10% of the amount of the incoming payment.
8.6 The Service decides to withhold the commission without notifying the User based on the data received.
8.6.1 The results of the transaction can be provided to the User upon 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.
9.7 Due to technical work on the Cryptocurrency Exchange, accepting deposits or sending withdrawals may be deactivated.
9.7.1 If due to this a deposit was not credited or a withdrawal was sent, the Service is not responsible for this and will fulfill its Orders immediately after the activation of the Exchange functions.
9.7.2 The Service is not responsible for possible financial losses associated with the maintenance on the Exchange.
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.