Site rules

This agreement, hereinafter referred to as the Agreement, describes the rules and conditions on the basis of which the services of the multi-currency exchange service bswap.pro are provided. These rules are an official written public offer addressed to individuals, hereinafter referred to as Users, for concluding an Agreement on the provision of services by the bswap.pro service on the terms and conditions set out below. Before using the services of the online service bswap.pro, the User is obliged to familiarize himself in full with the terms of the "Agreement on the rules for using the bswap.pro service". Use of the services of the bswap.pro service is possible only if the User accepts all the terms of the Agreement. The current version of the Agreement is publicly available on the website of the bswap.pro service 

  1. Terms and definitions

1.1. "bswap.pro" is a trademark and commercial designation of the system for providing Internet services for the exchange of electronic currencies for all Users.

1.2. User – any individual using the services of the “bswap.pro” service.

1.3. Electronic currency is a monetary obligation between the developer of this currency and its user, expressed digitally.

1.4. Payment system — a software and hardware product developed by a third party and representing a mechanism for implementing the accounting of monetary obligations, as well as organizing mutual settlements between Users.

1.5. Payment or transaction – transfer of electronic or other currency from the payer to the recipient.

1.6. Client of the payment system – 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 accepted in the relevant payment system.

1.7. Service services — operations on input and output of electronic currencies from payment systems, as well as other services, information about which is posted on the pages of the bswap.pro service.

1.8 Application – an expression of the User’s intention to use one of the services offered by the bswap.pro Service by filling out an electronic form via the website of the online service, under the conditions described in the Agreement on the Rules of Use and specified in the terms of this application.

  1. Introduction

2.1. This agreement regulates the relationship between the User and the Service regarding the services provided by the Service to the User and cancels all previous agreements between the Service and the User on this subject.

2.2. This Agreement on the rules of use of the bswap.pro service does not cancel the current legislation of the countries of registration and location of the Service and the User, as well as contractual relations between the User and the Payment system or systems. If, under the terms of the current legislation or other agreements, the User cannot use the services of the Service, then the use of these services by the User is prohibited by this Agreement and will be considered illegal.

2.3. The Service guarantees and ensures the confidentiality of information about the User and his/her transactions. The Service may provide this information only at the request of authorized state bodies, officials or representatives of the Payment Systems, if there are legal grounds for doing so.

  1. Parties to the Agreement on the rules for using the bswap.pro service

This agreement is concluded between the Internet service for the exchange of title signs, hereinafter referred to as the Contractor, on the one hand, and the Customer, represented by the one who has used the services of the Contractor, on the other hand.

  1. Subject of the Agreement on the rules of use of the bswap.pro service

4.1. The subject of this Agreement is the services for the input and output of electronic currencies, as well as other services, the description of which is provided on the pages of the bswap.pro service.

4.2. The Service offers its services to all Users and does not check the legitimacy and legality of the User’s possession of electronic currencies or financial resources, and does not supervise the User’s operations in any of the Payment Systems.

4.3. Payment systems 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 financial institution and the User and is in no way responsible for the incorrect or unauthorized use of the Payment system by the User, as well as for the abuse of the functionality of the Payment system by the User. The mutual rights and obligations of the User and the Payment system and/or financial institution are regulated by the relevant agreements concluded between them without the participation of the bswap.pro service. We are not responsible for the activities of third-party sites, payment systems, financial institutions.

4.4. Any completed operation on input and output of electronic currency, as well as any other operation offered by the bswap.pro service to the User is considered non-cancellable, i.e. it cannot be cancelled by the User after its completion, namely, the User’s receipt of the funds due to him under the previously accepted terms of the transaction.

4.5. The bswap.pro service has the right to suspend or cancel an ongoing operation if information is received from authorized bodies regarding the User’s illegal possession of electronic currencies or financial assets and/or other information that makes it impossible for the bswap.pro service to provide services to the User.

4.6 The Service has the right to suspend for 48 hours or cancel the ongoing operation if the User violates the terms of the exchange or the terms of this Agreement on the rules for using the bswap.pro service. The refund will be made with a 10% service commission.

4.7. The Service has the right to cancel the ongoing operation and return the electronic currency and/or financial resources deposited by the User without explanation. 

4.8. The User undertakes to:

- when contacting support or talking to site operators, use only real names. Messages from users using fictitious names will be ignored;

— do not use foul language when communicating with the site support or the operator in the online chat. Messages with foul language will be ignored;

- exclude any possible assistance to illegal trade and any other illegal operations using the services of the bswap.pro service;

— exclude any possible assistance in carrying out financial fraud, do not use the bswap.pro service for the purpose of creating and distributing financial pyramids, as well as for committing other actions that are contrary to legislation and legal norms;

— exclude in their practical activities using the bswap.pro service any actions, the implementation of which may cause direct or indirect harm to the fight against money laundering and legalization of illegally obtained funds;

— the user undertakes to transfer (transfer) electronic or fiat currency in the amount specified in the Application, and the Service, after receiving the corresponding electronic or fiat currency, undertakes to transfer (transfer) to the User the electronic or fiat currency corresponding to the Application, calculated at the Rate and in accordance with the Service tariffs.

4.9. Responsibilities of the bswap.pro service:

— The Service’s obligation to transfer (transfer) electronic or fiat currency to the User is considered fulfilled at the moment of debiting electronic or fiat currency in the relevant Payment System from the Service’s account, which is recorded in the transaction history of the relevant Payment System.

— take all possible and available actions to prevent attempts at illegal trade, financial fraud and money laundering using the services of the service. These actions include, but are not limited to:

- provide all possible assistance to law enforcement agencies in the search for and capture of financial terrorists engaged in illegal money laundering activities.

— providing information to competent authorities in accordance with applicable law regarding the processing of the bswap.pro service;

— improving the bswap.pro service to prevent direct or indirect use of this resource in activities that are contrary to legislation aimed at combating illegal trade, financial fraud and money laundering.

4.10. The bswap.pro service has the right to change the terms of the Loyalty Program and Affiliate Program at its own discretion.

  1. Responsibilities of the parties

5.1. In case of receipt of Electronic currency or funds from the User to the bswap.pro Service in an amount different from that specified in the Application, the Service has the right to consider this as an order from the User to recalculate the Application in accordance with the actually received amount of Electronic currency. If the rate changes by 5% or more, the Service has the right to recalculate the rate to the current one. If the amount of Electronic currency or funds received differs from that declared by the User by more than 10%, the Service may unilaterally cancel the Application and return the received funds to the payer's details. When making a return, all commission expenses for the transfer of funds are made from the received funds at the expense of the User.

5.2. In the event that the title units are not sent by the Contractor to the specified details of the Customer within 24 hours, the Customer has every right to demand termination of the Agreement on the rules of use of the bswap.pro service, and cancel their application, thereby returning the title units to their account in full. The application for termination of this Agreement and return of the title units is executed by the Contractor in the event that the funds have not yet been transferred to the specified details of the Customer. In case of cancellation of the agreement, the return of the electronic currency is made within 48 hours from the moment of receipt of the request for termination of the agreement. If delays in return arose not due to the fault of the Contractor, it shall not be liable for them.

5.3. If the title units are not received from the Customer to the Contractor's account within the specified period, from the moment the Customer submits the application, the Agreement on the rules for using the bswap.pro service between the parties is terminated by the Contractor on one side, since the agreement does not come into effect. The Customer may not be notified of this. If the title units are received to the Contractor's details after the specified period, such funds are transferred back to the Customer's account, and all commission expenses associated with the transfer are deducted from these funds.

5.4. If there is a delay in transferring funds to the details specified by the Customer due to the fault of the settlement system, the Contractor shall not be liable for damages arising as a result of the long receipt of funds. In this case, the Customer must agree that all claims will be made to the settlement system, and the Contractor will provide assistance to the extent of its capabilities within the framework of current legislation.

5.5. In case of detection of counterfeit communication flows or impact aimed at worsening the work of the Contractor, namely its program code, the application is suspended, and the transferred funds are subject to recalculation in accordance with the current Agreement on the rules of use of the bswap.pro service. If the Customer does not agree with the recalculation, he has every right to terminate the agreement and the title signs will be transferred to the details specified by the Customer.

5.6. In case of using the services of the Contractor, the Customer fully agrees that the Contractor bears limited liability corresponding to the framework of this agreement on the rules for using the bswap.pro service, received title signs and does not provide additional guarantees to the Customer, and does not bear additional liability to him. Accordingly, the Customer does not bear additional liability to the Contractor.

5.7. The Customer undertakes to comply with the standards corresponding to the legislation, and also not to falsify communication flows and not to create obstacles to the normal operation of the Contractor’s program code.

5.8. The Contractor shall not be liable for damages and consequences resulting from an erroneous transfer of electronic currency if the Customer indicated incorrect details when submitting the application.

Due to the peculiarities of the exchange of Exmo code, livecoin code, wex code, the exchanger considers its obligations under the application fulfilled at the moment of successful sending of the code to the email address specified by the client, since we cannot guarantee either the good faith of the client himself, or that third parties do not have access to his mail.

5.9. The Service will make every effort, but does not guarantee that its services will be available 24 hours a day, every day. The Service shall not bear any liability for losses, lost profits, or other expenses of the User that arise as a result of the inability to access the site and services of the Service.

5.10. The Service shall not bear any liability for losses, lost profits or other expenses of the User resulting from delays, errors or failures in making bank payments or electronic transfers.

5.11. The Service shall not bear any liability for losses, lost profits and other expenses of the User that are the result of the User’s erroneous expectations regarding the Service’s tariff rates, transaction profitability and other subjective factors.

5.12. The Service shall not be held liable and shall not compensate for losses in the event of an incomplete exchange due to incorrectly specified details when the user submitted the application and shall not undertake to carry out any actions to return such funds.

5.13. The User guarantees compensation for losses of the Service in cases of claims or demands directly or indirectly related to the User’s use of the Service, with the exception of losses caused by the guilty (intentional or careless) actions of the Service itself.

5.14. The User warrants that he is the owner or has legal grounds to dispose of the amounts used in his transactions.

5.15. The User undertakes not to abuse the actions of the bonus and affiliate programs of the Service and its friendly services, and also not to systematically create intentionally unpaid applications.

5.16. The user is obliged to indicate the prescribed wording in the payment comment. In the absence of such a comment, the service reserves the right to initiate the refund procedure. In case of suspicion of fraudulent origin of the payment, the refund can be made through the payment system support service and take up to 7 days.

 

  1. Cost of services

6.1. The cost of services of the bswap.pro service is set by the management and published on the website of this resource.

6.2. The bswap.pro service has the right to independently change the exchange rates of electronic currencies and the commissions charged at any time unilaterally, about which it notifies the Users of the service by posting information about these changes on the Service’s website in advance.

6.3. The Application submitted by the User on the website of the bswap.pro service shall indicate the rate, the amount of the commission charged by the relevant Payment System for the transaction, the amount of the bswap.pro service fee, as well as the total amount of funds or electronic currency transferred.

6.4. The bswap.pro Service charges the cost of its remuneration at the time of the relevant Operation. The amount of the Service's remuneration is reflected in the Application and is confirmed by the User on one of the pages of the user interface when filling out the Application.

  1. Agreement form

This Agreement on the rules for using the bswap.pro service is accepted by both parties, represented by the Contractor and the Customer, as an agreement of equal legal force, designated in writing.

7.1. This Agreement is considered to be concluded on the terms of a public offer accepted by the User during the submission of the Application.

7.2. The information displayed by the bswap.pro service about the parameters and conditions of the Application is recognized as a public offer.

7.3. Acceptance of the public offer is recognized as the User performing actions to complete the formation of the Application, confirming his intention to use the services of the bswap.pro service under the conditions described in this Agreement on the rules for using the bswap.pro service, specified in the Application.

7.4. The date and time of acceptance, as well as the parameters of the Application conditions, are recorded by the bswap.pro service automatically at the moment the application is completed.

7.5. The agreement on the rules for using the bswap.pro service comes into force from the moment the User completes the formation of the Application. The User has the right to refuse to perform the operation on the Application before paying for the operation.

  1. Claims and Disputes

Claims under this Agreement are accepted by the Contractor in the form of an e-mail in which the Customer specifies the essence of the claim. This letter is sent to the details of the Contractor specified on the website.

8.1. The bswap.pro service has the right to unilaterally amend the Agreement on the rules of use of the bswap.pro service by publishing the amendments on the Website of the online service. The amendments shall enter into force from the moment of publication, unless another term for the entry into force of the amendments is additionally determined upon their publication.

8.2. In the event of suspicious actions during the User's application process, the bswap.pro service has the right to suspend the execution of such operations until the reasons for these actions are clarified in order to avoid damage from hacker attacks.

8.3. The bswap.pro service has the right to refuse to perform the exchange, purchase and sale of electronic currencies if the transfer of the Source Currency to the service account was made without submitting an application using the user interfaces on the service website. Electronic currency transferred to the service accounts without submitting an application using the user interfaces on the service website may be returned to the user upon request, taking into account the deduction of the Payment System commission, if any.

8.4. The bswap.pro service has the right to send the User information about the status of the exchange process to the specified e-mail, since this is an integral part of the process of successful completion of the exchange.

8.5. All disputes and disagreements that have arisen or may arise from this Agreement on the rules for using the bswap.pro service shall be resolved through negotiations based on a written application from the User. The bswap.pro service, after receiving a claim from the User, is obliged to satisfy the stated claims and demands within 15 (fifteen) days, or send the User a reasoned refusal. All necessary documents must be attached to the response. If the dispute is not resolved in the claim procedure within 60 (sixty) days, either Party has the right to apply to the court at the location of the User for dispute resolution.

  1. Conducting exchange transactions

9.1. It is strictly forbidden to use the Contractor's services for illegal transfers and fraudulent activities. By concluding this agreement, the Customer undertakes to comply with these requirements and, in the event of fraud, to bear criminal liability established by law at the moment.

9.2. If it is impossible to execute the application automatically due to circumstances beyond the Contractor's control, such as lack of communication, lack of funds, or incorrect Customer data, the funds are credited to the account within the next 24 hours or returned to the Customer's details minus commission expenses.

9.3. Upon first request, the Contractor is obliged to transfer information about the transfer of electronic currency to law enforcement agencies, the administration of settlement systems, as well as to victims of illegal actions who suffered as a result of fraud proven by the courts.

9.4. The Customer undertakes to provide all documents proving his identity in case of suspicion of fraud and money laundering.

9.5. The Customer undertakes not to interfere with the work of the Contractor and not to cause damage to its software and hardware, and the Customer also undertakes to transfer accurate information to ensure that the Contractor fulfills all terms of the agreement.

  1. Taxation

10.1. The bswap.pro service is not a tax agent for the User and will not notify the User regarding his tax expenses. The User undertakes to independently pay all taxes required by the tax legislation of his place of residence.

10.2. In the event that the bswap.pro service is required by government authorities to pay the User's taxes or cover the debt that arose as a result of the User's refusal to pay taxes, the User agrees to reimburse the service for all such payments.

  1. Force majeure

In the event that unforeseen circumstances arise during the processing of the Customer's application that contribute to the Contractor's failure to fulfill the terms of the contract, the application fulfillment deadlines are postponed for the corresponding period of the force majeure. The Contractor shall not be liable for overdue obligations.

  1. Disclaimer

The Contractor has the right to refuse to conclude the Agreement on the rules of using the bswap.pro service and to fulfill the application, without giving any reasons. This clause applies to any client.