§1 GENERAL PROVISIONS
1. The following provisions constitute regulations (hereinafter: "Regulations") within the meaning of Article 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended) (hereinafter: "Act").
2. The Regulations define the rules for the provision of electronic PayCoiner services by Verified Solutions LTD40, Bloomsbury Way, Lower Ground Floor, London, WC1A 2SE, United Kingdom (hereinafter: "PayCoiner"), as part of the PayCoiner.co service (hereinafter: "Service") as well as the rules of using the Website by Users.
3. The PayCoiner IT system includes a team of cooperating IT devices and software, ensuring the processing and storage as well as sending and receiving data through telecommunications networks, using the end device appropriate for a given type of network.
4. Electronic services provided by PayCoiner include:
a) to enable BITCOIN payments (hereinafter: "Cryptocurrencies") to be made to User accounts in an automated manner, for the purpose of electronic payments (payment for the client's products), without storing funds on PayCoiner accounts
b) enabling the withdrawal of funds (e.g. remuneration) in an automated manner, to many recipients, directly from the customer's account, without storing the Cryptocurrency on PayCoiner accounts
5. The Service shall be provided for:
a) natural persons with full legal capacity (i.e. persons over 18 years of age, not completely incapacitated either in whole, or in part);
b) other entities with legal capacity under separate provisions that have accepted the Regulations and concluded the Service Agreement (hereinafter: "User").
6. The main threat to every Internet User, including people using services provided electronically, is the possibility of "infecting" the ICT system by various types of software created mainly for the purpose of causing damage, such as viruses, worms or "Trojan horses" To avoid the risks associated with thier, including when appearing at the time of opening an e-mail, it is important that the Service Recipient ensure that their computer, which uses Internet connection, has an antivirus program that is constantly updated, installing its latest versions, immediately after the Service Provider also informs that the special risks associated with using the service provided electronically, including and described in the Regulations, are related to the activity of so-called hackers aiming at hacking both to the Service Provider's system (e.g. attacks on their site), like the Service Recipient therefore acknowledges that despite the use of various modern "defense" technologies by the Service Provider, there is no perfect protection against the undesired actions described above.
8. The Service is provided for a fee. Detailed rules for charging fees are indicated in the Table of Fees and Commissions constituting an attachment to these Regulations, located at PayCoiner / fees.
9. The conclusion of the contract for the provision of the Service takes place upon registering the account on the Website.
§2 TYPES AND SCOPE OF SERVICES COVERED BY THE REGULATIONS
1. To use the Website correctly, a device with access to the Internet, supporting a web browser (eg Mozilla, Opera, Chrome) is required, and the Java Script and Cookies must be enabled in said browser.
2. PayCoiner updates the data referred to in paragraph 1. in case of introducing changes related to technological changes of the Service provided, by providing such information to the e-mail address provided during registration. The change of technical requirements is not treated as a change to the Regulations.
3. Using the Services is done by logging in to the Website by PayCoiner.com. Using the Website with the help of external applications, overlays or plugins is carried out at the sole risk of the User, excluding PayCoiner of any liability, unless the damage was caused by such action was the fault PayCoiner.
4. PayCoiner is responsible for creating BITCOIN accounts to handle payments owned by the User. PayCoiner is not responsible for the transactions performed by the User and does not perform any operations on the User's accounts.
5. The withdrawal of funds is done by importing accounts by any User to any Bitcoin wallet - "Wallet".
6. The settlement is made using an invoice issued by PayCoiner every month. The first invoice is issued after performing 100 payments / after the commission reached value exceeding the amount of 100 $..
7. The User is obliged to pay the invoice within 7 business days.
8. The User who fails to make payment within the set time will be blocked by PayCoiner, and their access to their accounts will be revoked.
9. In the absence of payment for 14 business days from issuing the invoice, PayCoiner reserves the right to collect a commission (collection fee) from the funds on the User's account.
10. The debt collection fee is 50 $.
11. Cryptocurrency is not a financial instrument or an electronic payment instrument within the meaning of the generally applicable provisions of law. The website does not carry out activities subject to the regulation of the Act on Trading in Financial Instruments (Act of 29 July 2005, Journal of Laws No. 183, item 1538, i.e. of October 8, 2010, Journal of Laws No. 211, item 1384).
§3 CONDITIONS FOR PROVIDING SERVICES
1. The User may at any time cease using the Service.
2. The User is obliged to protect their passwords, e-mail accounts and any data needed to log in to the Website, in particular they should not disclosing them to third parties.
3. The User is obliged to:
a) comply with the law, the Regulations, good customs and generally applicable rules of using the Internet.
b) use the Service in a way that does not violate the rights of PayCoiner or third parties.
4. The User is obliged to refrain from making any unlawful actions as part of using the Service, in particular:
a) use the Service directly or indirectly for purposes contrary to the law, Regulations, decency or generally accepted principles of using the Internet
b) Use the Service in a manner that violates the laws of PayCoiner or third parties
c) Providing the PayCoiner teleinformation system with data: causing a disturbance of work or overloading of the teleinformation system of PayCoiner or third parties who participate directly or indirectly in the provision of the Service, otherwise infringing on the law, Regulations, PayCoiner or third parties assets, good practices, commonly accepted rules of using the Internet.
5. PayCoiner may permanently or temporarily cease to provide the Service to the User in case of violation or reasonable suspicion of material breach
a) or a breach of the law, Regulations, rights of PayCoiner or third parties, good manners, commonly accepted principles of using the Internet by the User.
6. Permanent cessation of the Service may result in the removal of all data entered by the User from the PayCoiner IT system, unless:
a) the law is otherwise, or
b) deletion of all data entered by the User from the PayCoiner IT system is not possible due to the nature of the Service
7. The temporary cessation of the Service results in restricting the User in using the Service.
8. Pursuant to the Act, the PayCoiner is entitled to prevent (block) access to data entered by the User into the PayCoiner IT system in the case of:
a) receiving an official notice of the unlawfulness of the stored data or related activities,
b) obtaining reliable information or learning in any way about the unlawful nature of stored data or related activities.
9. In the case referred to in paragraph 7 PayCoiner immediately notifies the User that it intends to prevent (block) access to the data. The notification will be sent to the e-mail address or telephone number of the User indicated and confirmed upon registration or in the case of a change made by the User after the registration date - to the changed and confirmed e-mail address or telephone number.
§4 CONDITIONS FOR CONCLUSION THE AGREEMENT
1. The provision of the Service requires registration by the User.
2. To register, User is required to provide certain data, including personal data, with the consent of the User.
3. After registration, in order to use the Service, the User is assigned an individual identificator (Account).
4. The User retains access to the Service using the PayCoiner.com domain
5. The agreement for the provision of the Service is terminated:
a) at the User's request,
b) by PayCoiner, in the cases specified in the Regulations
6. Termination of the contract for the provision of the Service may result in the removal of all data entered by the User from the PayCoiner IT system, unless the law provides otherwise, or removal of all data entered by the User from the PayCoiner IT system is not possible due to the nature of the Service.
1. The User is responsible for all actions taken after logging in with the login and password.
2. The User uses the Service at their own risk, which does not exclude or limit the liability of the PayCoiner related to the provision of the Service, to the extent that it cannot be exempted or limited by law.
3. PayCoiner shall be liable to Users for non-performance or improper performance of the Service to the extent resulting from the Regulations, unless the non-performance or improper performance of the Service results from circumstances for which it is not liable under the law of liability.
4. PayCoiner is not responsible for the consequences of non-performance or improper performance of obligations undertaken by other Users towards the User.
5. PayCoiner is not responsible for:
a) deletion of data entered by the Users into the ICT system of the PayCoiner from teleinformation systems that are beyond the control of the PayCoiner,
b) consequences of Users providing third parties with a login and password,
c) for incorrect input of data for payment or withdrawal of funds by the User - in the event of the need to cancel an operation, the User will be charged in a form of bank or service operator commission.
6. The Regulations shall be applied taking into account the rights of Users arising from consumer laws.
§7 INTELLECTUAL PROPERTY
1. PayCoiner is entitled to rights to works within the meaning of the provisions of the Act of February 4, 1994. on copyright and related rights (unified text: Journal of Laws of 2006 No. 90, item 631, as amended), designations and trademarks available on the Website, to the extent necessary to provide the Service.
2. Works, designations and trademarks provided within and for the purpose of providing the Service shall be entitled to the protection provided for by law.
3. The User is entitled to use the works under the permitted private use provided for by law.
4. Use beyond the permitted private use requires the prior consent of the authorized entity.
§8 COMPLAINT PROCEDURE
1. Complaints regarding the provision of the Service may be made for:
a) failure to provide the Service, or
b) improper performance of the Service.
2. The complaint requires:
a) written form
b) electronic form by sending to the e-mail address: hello
3. The complaint should contain:
a) name (login) at which the User appears on the Website,
b) the subject and circumstances justifying the complaint.
4. Complaints will be considered in the order they are received in, but not later than within 15 (fifteen) days. In justified cases, PayCoiner may extend the complaint consideration period by an additional 15 (fifteen) days, about which the person submitting the complaint will be informed.
5. The person lodging the complaint will be informed about the method of considering the complaint in the form in which the complaint was submitted.
§9 TRANSACTION SAFETY PROCEDURES
1. If PayCoiner possesses an justified suspicion than an offence is being committed, in particular, suspicion that the cash or CRYPTOCURRENCY that is the subject of the transaction originate from an unlawful source, PayCoiner may independently perform full verification of the User making the transaction, which has been reasonably suspected of committing a crime.
2. The verification referred to in paragraph 1 may relate in particular to the User's sending a personal identity card, driving license or passport, and if their proves insufficient, also another document containing User's data.
3. The User's data provided during the registration and verification process must be identical to the data of the bank account owner associated with the User’s account.
4. If after verification of the User referred to in paragraph 1, doubts as to the origin of cash or CRYPTOCURRENCY being the subject of the transaction will not be removed, the identity of the User will not be determined, or there will be doubt as to whether the declaration of will made by the User in terms of transaction is not flawed, PayCoiner refuses to carry out the transaction.
5. Positive verification of the User and removal of doubts referred to in paragraph 1 constitutes the basis for the execution of transactions by the User subject to the verification process.
6. Subsequent execution of the transaction after the previous verification procedure takes place with the adoption of the CRYPTOCURRENCY exchange rate which was in force at the time of refusal to make the transaction, and both parties do not have any claims related to the PayCoiner, in particular as regards lost profits.
7. Acceptance of these Regulations is tantamount to the User's consent to PayCoiner verification, referred to in paragraph. 1.
8. If PayCoiner is justified suspicion of a crime, in particular, suspicion that the cash or CRYPTOCURRENCY being the subject of the transaction originate from a crime, PayCoiner has the right to suspend the transaction - refuses to accept and transfer any cash or CRYPTOCURRENCY, until the removal doubts in the way of verification of the User referred to in paragraph 1 or the final resolution of these doubts by the prosecuting and judicial authorities appointed for thier.
9. If in the case referred to in paragraph 1 PayCoiner has accepted any cash or CRYPTOCURRENCY, PayCoiner may block the execution of transactions by depositing cash or CRYPTOCURRENCY, on a PayCoiner deposit account or in a court deposit until the final decision on who owns them by the law enforcement and judicial authorities .
10. Upon a justified request of a bank or other financial institution, if they suspect the possibility of committing a crime, the PayCoiner may block the execution of transactions by depositing cash or CRYPTOCURRENCY, on a PayCoiner deposit account or in a court deposit until the final decision is made, who is their owner.
11. In the event that the PayCoiner determines who is the owner of the cash or CRYPTOCURRENCY in a way that does not raise any doubts, it will independently issue an instruction to return the funds to the owner.
12. In the event of suspension or blocking of the transaction, PayCoiner will immediately inform the parties to the transaction.
13. Subsequent execution of the transaction after its previous suspension or blocking, or refund after the transaction has been suspended or blocked, takes place with the adoption of the CRYPTOCURRENCY exchange rate that was in force at the time of the transaction suspended or blocked, and the parties are not entitled to any claims related to suspension from PayCoiner or blocking the transaction.
14. The procedures indicated in paragraphs 1-10 are also applicable when the User performs transactions for third parties. In thier case, verification of the User, in addition to the procedure described in paragraphs 1-5 may include demanding from the User the data enabling the identification of third parties for whom transactions are performed and demonstrating the authority to conduct transactions for these persons.
15. In the case referred to in paragraph 11, provisions of thier paragraph shall apply accordingly.
16. In the case of receiving a request issued by any state body of the Republic of Poland (European Union or any other institution established on the basis of an international agreement to which the Republic of Poland is a party), by PayCoiner
a) any decision resulting in the obligation to retain or transfer to the depository account of the above-mentioned institution cash or CRYPTOCURRENCY User's account may be suspended and the funds accumulated on it may be sent to the previously mentioned deposit account or their payment may be blocked for the time of existence in the above-mentioned ruling. The same consequences result from blocking the bank account on which PayCoiner funds are deposited on the basis of any act coming from the above-mentioned body or institution. In thier case, the PayCoiner will notify the User of the reason for blocking access to their funds within 7 days from the date of their blocking. PayCoiner at the express request of relevant authorities or offices and after presenting the required documents, has the right to provide the data described above to the institutions.
17. If PayCoiner enters into a reasonable suspicion of committing an offense referred to in § 1 PayCoiner, it will notify law enforcement and judicial authorities about the suspicion. The notification referred to in the preceding sentence satisfies the obligation resulting from art. 304 §1 k.p.k., and it is made independently of other activities undertaken independently by the PayCoiner.
18. If necessary, PayCoiner shall provide the authorities referred to in paragraph 1 without the User's consent with User's own data regarding the User's identity, both those indicated by the User himself and those obtained in the verification procedure referred to in para. 1. deficiencies in thier area.
§10 FINAL PROVISIONS
1. The current version of the Regulations is made available in a way that allows storage and retrieval in the ordinary course of action.
2. These Regulations may change. Each change of the Regulations will come into force seven (7) days from the time of making the amended regulations available on the Website, with the provison that for the transactions initiated before the amendments come into force, the provisions of the Regulations in the current wording shall apply. The User at the first (from the day of entry into force of amendments to the Regulations) logging in to the Website will be informed about such changes and the possibility of their acceptance. Lack of acceptance of the new wording of the Regulations is the same as terminating the Contract for the provision of services via the Website.
3. Polish law is competent to assess the rights and obligations arising from the Regulations.