Terms and conditions
GENERAL SALES CONDITIONS
1. 1. General provisions
These Terms of delivery (the "Terms"), together with the documents attached to them and indicated in Art. 4, governing, with the order of prevalence indicated in that article, the contractual relationship is concluded between SWAG LTD, with registered office in Harju maakond, Tallin - Mustamae linnaosa - Laki, tn 30-23, 12915 - Estonia. (Supplier) and the Customer for the provision of Mining services (the "Service" or "Services") as described below.
2. Articles Index
1 General provision
2 Index of articles
4 Structure of the Agreement
5 Scope of the Agreement
6 Completion of the Contract
7 Activation and provision of the Service
8 Duration of the Contract and renewal
9 Fees, payment methods, guarantees
10 Delayed or non-payment
11 Obligations and limitations of liability of SWAG OU
12 Customer's obligations and rights
13 Service and maintenance
14 Suspensions of Services
16 Express termination clause - resolution for non-fulfilments - termination conditions
17 Changes to the Contract
18 Copyright and licenses
19 Information securities
20 Final provisions
23 Processing of personal data
24 Clarifications on Crypto Currency
25 Applicable law and competent court
3. 3. Definitions
Where indicated in the Contract the terms below are intended with the following meaning
Blockchain (or Bitcoin Blockchain): public register distributed among the nodes of a peer-to-peer network, equipped with mechanisms - mainly of a cryptographic type - to guarantee the consistency of data on the network and their resistance to any attempt at counterfeiting even in presence of unreliable participants in the network. The Blockchain is structured as a concatenated sequence of blocks, wherein each block, with the exception of the first said block genesis, contains in its interior a link to the previous block and a number of transactions, namely the passages between the property of Bitcoin network users. A new block is added to the Blockchain about every ten minutes.
Bitcoin: the cryptocurrency that is exchanged among the participants of the network.
Mining: process that allows to confirm a block and to link it to the last valid Blockchain block. To be accepted in the Blockchain, the block must be valid and must include a Proof-of-Work, meaning it must contain the solution to a specific mathematical problem. The search for such a solution requires the use of a dedicated hardware capable of performing an enormous amount of calculations per second, consuming computational power and electrical energy. As a reward for this work, the one who manages to find the solution to the mathematical problem first is given a Bitcoin prize ("prize"). This award is halved every time 210,000 blocks have been verified (i.e. approximately every four years). The computational power is measured in Hash/s.
Mining Capacity: computational power capacity available to SWAG OU to perform the Mining activity. The composition and characteristics of the hardware that produces the calculations are determined by the resources available to SWAG OU on the date of confirmation of the service purchase order.
Mining Power: portion of SWAG OU Minining Capacity shared with the Customer.
Services: the Mining Capacity sharing services provided by SWAG OU. These services allow the Customer to receive the cryptocurrency production relating to the Mining Power shared with SWAG OU, according to the technical and economic characteristics, in the type and with the methods reported in the Order Form.
Order or Email Form: module also fully completed online by the customer and the same sent or delivered by other means to SWAG OU upon its signing, constituting a contract proposal, formalizing the request for activation of the Services.
Conditions: the present conditions of service delivery;
Contract: all the documents indicated in article 4, with the order of prevalence indicated in the said article;
Activation confirmation: all communications sent by e-mail from the Supplier to the Customer to the e-mail address indicated in the Order Form confirming the activation of the Services and on which are reported the Access Credentials to the same;
Access credentials: username, password or link sent by SWAG OU to the Customer with the Activation Confirmation if provided.
Price list or catalogue: the document published on the reserved pages of the website www.swagyourlife.com which lists all the economic characteristics of the Services, or, alternatively, if applicable, the document containing these characteristics sent by SWAG OU to the Customer in case of separate, specific and different agreement between the Parties.
Confidential Information: (i) information relating to the Supplier and the same withholding or classified as confidential and / or confidential to the Client has been aware for any reason related to the application of the contract and / or (ii) information relating to the Supplier that, by their nature, content or circumstance in which they are revealed, they would normally be considered as such. In this regard, by way of non-exhaustive example, SWAG OU's confidential information is all the services, features, configurations and technical information of the Service, estimates, audit or safety reports, product development plans.
Customer: the physical or legal person identified in the Order Form.
Parties: SWAG OU and the Customer.
4. 4. Structure of the Agreement
The Agreement consists of the following documents:
1) the Conditions;
2) the online order form;
5. Scope of the Agreement
Object of the Contract is the supply to the Customer of the Mining Capacity sharing services for the extraction of Bitcoins from the Mining activity. The Services will allow the Customer to receive the cryptocurrency production related to the Mining Capacity portion that was shared with SWAG OU, according to the technical and economic characteristics, in the type and with the methods reported in the Order Form.
6. Finalization of the Contract
6.1 The Contract is concluded on the date of the correct and timely receipt by SWAG of the Order Form through the online purchase procedure, filled in and accepted by the Customer in its entirety together with the payment of the fee for the Service. The sending of the Order Form implies the complete acceptance by the Customer of the Conditions and all the other documents mentioned in the previous art. 4. Upon activation of the Services, the activation Confirmation will be sent with the access Credentials. In any case, it is understood that the use of the Services by the Customer certifies the acceptance of all the contractual conditions.
6.2 The Customer is responsible for the truthfulness of the information provided and recognizes SWAG OU the right to request any further information for the purpose of activating the Services, in compliance with current legislation.
6.3 The Client, by sending the Order Form, acknowledge and agree that concludes a contract whose only valid and effective version is in English, while other versions provided by SWAG OU in any other foreign language are made available to only as a courtesy.
7. Activation and provision of the Service
7.1 The Services are activated in accordance with the times indicated in the Order Form. The Customer is required to perform any services charged against it for the purpose of activating the Services; any delays due to the Customer's inactivity will not be attributable to SWAG OU. In any case, the Customer will be informed of any delays in the activation of the Services.
7.2 The Services are provided until the Contract expires. Approaching the above mentioned date, SWAG SRL, as a courtesy and therefore without assuming any obligation towards the Customer, reserves the right to send to the same by e-mail notices of the next expiry of the Services.
8. Contract Duration and Renewal
8.1 The Contract governs the provision of Services to the Customer with effect from the date of its completion.
8.2 Without prejudice to the provisions of the other documents that constitute the Contract, the Customer acknowledges and agrees that on the expiry date of each Service and in any case, at the end of the Contract for any cause due, the Parties will be automatically free from the respective obligations; the Customer acknowledges and agrees that it is his exclusive responsibility to obtain and maintain a copy of the data and / or information and / or content processed by the Service/s, it being understood that once the Contract is terminated or the Service expired such data and / or information and / or contents may no longer be recoverable. In any case the Customer relieves, now for then, SWAG OU from any and all liability for any loss or total or partial damage to data and / or information and / or content entered and / or processed by the Customer himself / herself through the Service/s.
8.3 Electricity & Utility and Excessive burden. In the event of an onerous occurrence due to exceptional or unforeseeable events that may affect the price development of the energy market, SWAG OU may request termination of the contract.
9. Fees, procedures and terms of payment, warranties
9.1 Unless specific, separate and different agreement between the Parties, the payment of the fees due for the Services as indicated in the Price List or in the Commercial Offer, must be made by the Customer simultaneously with the sending of the Order Form and in any case in advance with respect to the activation of the same
9.2 Each payment made by the Customer will bear its own identification number and for this the Supplier will issue the relevant document within the month of its competence. In any case, the Customer now relieves SWAG OU from any and all liability arising from transactions or payments made.
9.3 The Customer acknowledges and accepts that:
a) payment of the price of the Services must be made in the manner indicated in the order form / trade offer; and
b) for the purpose of determining the activation times, it is his express and exclusive responsibility to provide for the choice of the payment method taking into account the average processing times of the payments indicated.
9.4 The Customer acknowledges and expressly accepts that the purchase document can be sent to him and / or made available in electronic format.
9.5 The Customer acknowledges that the sale price of the services offered may change at any time and therefore undertakes to pay the contractually agreed amount at the time of the purchase order. Payments that are not contextual to the sending of the Order Form could lead to the modification of some of the parameters contained therein, with the need for its reformulation and resend.
9.6 The Customer acknowledges that if the transfer amount is less than the actual service charge requested, SWAG OU reserves the right to decide before activating the service of:
a) regulate the Service in accordance with the funds received; or
b) refuse to activate the Service until the Customer has provided and made adequate evidence of the full payment;
10. Delayed or non-payment
10.1 The Customer will not be able to raise objections of any kind unless it has first made the payments required by the Contract correctly and provided the related documentation to SWAG OU.
10.2 In the event that, for any reason, payment of the price is not valid or is revoked or cancelled by the Customer, or is not performed, confirmed or credited for the benefit of SWAG OU, the same reserves the right to suspend and / or terminate with immediate effect the activation and / or supply of the Services if already activated.
11. Obligations and limitations of liability of SWAG OU
11.1 The obligations and responsibilities of SWAG OU towards the Customer are those defined by the Contract, therefore, in any case of violation or non-fulfilment attributable to SWAG OU, the same will respond within the limits set by this Contract, remaining expressly excluded, now by then, any other indemnity or compensation to the Customer for direct or indirect damages of any kind and in any case the maximum sum that SWAG OU may be called upon to pay to the Customer shall not be greater than that paid by the Customer in the last 90 days for the Services object of this Agreement.
12. Obligations and rights of the Customer
12.1 The Customer undertakes to promptly inform SWAG OU of any unauthorized use of his access Credentials or any other breach of security
12.2 The Customer declares to be aware of the existing legislation on the processing of data relating to on-line traffic and of the existing legal obligations borne exclusively by the same regarding the operations for the storage of such data and their presentation to the competent Authorities.
12.3 The Customer undertakes, now and then, to hold SWAG OU harmless and release of liability from any and all claims or claims by third parties for damage to them caused by or through the use of the Services. The Customer must bear all the costs, compensation for damages and charges, including any legal fees, which may arise from such liability actions and undertakes to inform SWAG OU if such action should be brought against him.
12.4 With regard to the attestation of all transactions carried out (by way of example and not exhaustive, assignments, activation, deactivation, historical operations) the Client acknowledges and accepts that shall prevail Supplier LOG.
13. Service and maintenance
13.1 SWAG OU undertakes to guarantee a level of professionalism appropriate to the performance of the required activities, according to the best possible way and in any case with the required diligence and for the time strictly necessary to provide the requested service
13.2 Without prejudice to the above, in any case the Customer, now for then, raises SWAG OU and / or the Companies controlled by it and their staff, as well as the external Companies in charge of the intervention and their staff, from any responsibility for any damages, direct or indirect, of any nature and species, suffered and suffered due to or due to the intervention referred to in this paragraph such as, by way of example only, total or partial loss or damage to data and / or information and / or content from the Customer and / or processed in the Infrastructure, total or partial interruption of the Services.
13.3 SWAG OU reserves the right to interrupt the provision of the Services to carry out technical maintenance interventions. In this case, the Customer will be notified by e-mail with a notice of 7 (seven) days; this communication will also indicate the timing of the restoration.
14. Suspension of Services
14.1 Subject to the application of article 17, SWAG OU, at its discretion and without the exercise of this right may be his alleged a breach of contract or breach of contract, it has the right to suspend the Services, even without prior notice in the event that:
a) the Customer defaults or violates even only one of the provisions contained in the Contract;
b) the Customer fails to meet, in whole or in part, the requests of SWAG OU and in any case his behaviour is such as to give rise to well-founded and reasonable fear that he may default on the Contract or be responsible for one or more violations of its provisions;
c) there are reasonable grounds for believing that the Services are used by unauthorized third parties;
d) they encounter cases of force majeure or circumstances, at the discretion of SWAG OU, require you to perform emergency response or related to the resolution of security problems, danger to the entire network and / or to persons or property; in this case, the Services will be restored when SWAG OU, at its discretion, has assessed that the causes that had caused its suspension / interruption have been effectively removed or eliminated;
e) the Client is involved, in any capacity, in any judicial or even out-of-court dispute of a civil, criminal or administrative nature and in any case in the case in which said dispute relates to acts and behaviours implemented through the Services;
f) suspension is requested by the Judicial Authority;
g) there are justified reasons of security and / or guarantee of confidentiality;
14.2 in any case of suspension of the Services attributable to the Customer, the action of SWAG OU for compensation for damages remain unaffected.
15.1 The Customer that can be qualified as a "consumer" can exercise the right of withdrawal within the term of 14 (fourteen) days from the date of completion of the Contract without any penalty and without indicating the reasons. Specifically, the Customer must expressly express the desire to withdraw, using the appropriate form that can be downloaded from the website www.swagyourlife.com, sending the withdrawal notice to firstname.lastname@example.org. In case of exercise of the right of withdrawal, SWAG OU will reimburse the Customer, without undue delay and in any case within 90 days from the day in which the intention to withdraw from this contract, all payments received, by the same means of payment used by the Customer for payment, or in a manner agreed with the Customer for which he will not incur any cost as a result of the refund.
15.2 In case of execution of the right of withdrawal by the Customer the amounts accrued from the mining activity not yet reversed on the Customer's personal Wallet will become property of SWAG OU.
15.3 Without prejudice to the above, the Customer will always have the right to withdraw from the Contract at any time, without any penalty and without indicating the reasons, by written communication sent by registered letter with return receipt to the addresses indicated in the following art. 21 or e-mail to email@example.com. The withdrawal will be effective within 30 (thirty) days from the date of receipt by SWAG OU of the aforementioned communication; upon termination of the Contract SWAG OU will deactivate the Services. In case of execution of the right of withdrawal by the Customer, the Customer will be entitled to payment of only the amounts accrued from the mining activity not yet reversed on the Customer's personal Wallet, minus any costs incurred and / or to be incurred (by way of example but not exhaustive, third-party commissions).
15.4 SWAG OU reserves the right to terminate the Agreement at any time and without stating reasons, in writing to the customer, with a notice of at least 15 (fifteen) days, except in cases where (i) events determined by certain force majeure; (ii) the Client has been declared insolvent, has been admitted or subjected to insolvency proceedings. In such cases SWAG OU reserves the right to withdraw from this contract with immediate effect.
15.5 Once the aforementioned deadline has expired, the Contract shall be considered terminated and / or terminated and SWAG OU may at any time deactivate the Services without further notice and reimburse the Customer. The Customer will be entitled to payment of only the amounts accrued from the mining activity not yet reversed on the Customer's personal Wallet, minus the costs incurred and / or to be incurred. In any case, it is expressly excluded any other liability of SWAG OU for exercising the right of withdrawal and / or loss of use of the Services by the Customer or the consequent right to demand such refund or any other compensation or damages of any kind and genre.
16. Express termination clause - termination due to default - termination conditions
16.1 Without prejudice to the provisions of other clauses of the Contract, the same shall be considered terminated with immediate effect, if the Customer:
a) violates the obligations set out in Articles 14, 20 and 21 of the Conditions as well as the provisions laid down in documents to which they refer; or,
b) violates the SWAG OU services usage policy; or
c) using any services, perform any illegal activity; or,
d) transfers all or part of the contract to third parties without the prior written consent of SWAG OU.
16.2 Furthermore, in the event of non-fulfilment of the obligations set forth in the Contract, SWAG OU reserves the right to send the Customer, at any time, a warning to comply within 15 (fifteen) days of receipt.
16.3 From the date of termination of the Contract in the cases provided for in this article, the Services will be deactivated without prior notice. In such cases, the Customer acknowledges and agrees that the sums paid by the same will be retained by SWAG OU as a penalty and SWAG OU will be entitled to charge the Customer with any further charges that the same has had to bear, remaining in any case except the right of the same to compensation for any damage suffered.
17. Changes to the Agreement
17.1 The Customer acknowledges and agrees that the Services covered by the Contract are characterized by constantly evolving technology, for these reasons SWAG OU reserves the right to modify the technical and economic characteristics of the same and of the related tools at any time, and to change the conditions of the Contract at any time, even after its signing, without this giving rise to obligations of any kind for the Customer.
17.2 If, also due to circumstances beyond the control of SWAG OU (by way of example but not limited to, increase in costs relating to electricity, changes in the legislation in force or provisions and / or regulations of the reference Authorities that involve greater burdens on SWAG OU, etc.) the assumptions used for the formulation of the economic and / or contractual conditions for the provision of the Services have changed, the same SWAG OU reserves the right to unilaterally modify the aforementioned contractual conditions including, by way of example but not exhaustive, fees, collection commissions, invoicing frequency or payment terms and methods, notifying the Customer by e-mail or by publication on the website www.swagyourlife.com. The aforementioned changes will take effect 30 (thirty) days from the date of their communication or publication. If the Customer does not intend to accept the aforementioned modifications including those concerning the consideration, he may exercise in the aforementioned term the right to withdraw from the contract by written notice to be sent to firstname.lastname@example.org. In the absence of exercise of the right of withdrawal by the Customer, in the terms and in the manner indicated above, the changes will be considered definitively known and accepted by them..
17.3 Without prejudice to the above, SWAG OU may change the technical characteristics, systems and resources as a result of the normal technological evolution of the hardware and software components, guaranteeing the Customer the same functionalities;
18. Copyright and licenses
18.1 The Customer is required to use the Services in compliance with the intellectual and / or industrial property rights of SWAG OU as indicated in the relevant policy regarding the use of SWAG OU services. Software such as any other copyright or other intellectual property right is the exclusive property of SWAG OU and / or its licensors, therefore the Customer does not acquire any right or title in this regard and is required to use it only in the contractual validity period.
18.2 In the case of licenses provided by third party suppliers through SWAG OU, the Customer acknowledges having read the terms and undertakes to use the software according to the methods indicated on the respective sites exclusively for personal use. The Customer undertakes to accept and comply with the terms of the aforementioned licenses. The Customer declares to be aware of the fact that the Licenses exist between the Customer and the owner of the copyright on the same with the exclusion of any responsibility of SWAG OU
19. Information's security
The Customer, acknowledging that the company SWAG OU has equipped itself with the means and / or tools deemed suitable to protect information security (physical, logical, IT and organizational) in the most effective way, is committed, now by then, to not to disclose or in any way make available to third parties confidential information known or managed in relation to the execution and / or application of the Contract in the absence of specific written consent SWAG OU.
20. Final provisions
20.1 The Contract cancels and replaces any other previous agreement that may have occurred between SWAG OU and the Customer regarding the same object, and constitutes the last and complete manifestation of the agreements concluded between the Parties on this object. No modification, note or clause, however, added to the Contract will be valid and effective between the Parties, unless specifically and expressly approved in writing by both. In the case of special agreements with the Customer, these must be formulated in writing and constitute an addendum to the Contract
20.2 In no case may any breaches and / or behaviour of the Customer other than the Contract, be considered as exceptions to the same or tacit acceptance of the same, even if not contested by SWAG OU. The possible inaction of SWAG OU in exercising or enforcing any right or clause of the Contract does not constitute a waiver of these rights or clauses.
20.3 Unless expressly stated otherwise in the Contract, all communications to the Customer relating to this contractual relationship may be made by SWAG OU without distinction by hand, by e-mail, certified and not, by registered letter with return receipt, ordinary mail or by fax to the addresses and / or addresses indicated by the Customer in the Order Form and, consequently, the same will be considered known by them. Any changes in the addresses and contact details of the Customer including the email address indicated in the Order Form not communicated to SWAG OU in the manner prescribed by the Contract will not be opposable to it.
20.4 Except for the cases specifically provided for in the Contract, all communications that the Customer intends to send to SWAG OU regarding the Contract, including requests for assistance, must be sent to the addresses indicated on the website www.swagyourlife.com
20.5 Any ineffectiveness and / or total or partial invalidity of one or more clauses of the Contract will not result in the invalidity of the others, which must be considered fully valid and effective.
20.6 The relationships between SWAG OU and the Customer established in the Contract cannot be understood as mandate, representation, collaboration or association relations or other similar or equivalent contractual forms..
20.7 The Customer undertakes not to transfer the Contract to third parties without prior written authorization from SWAG OU.
Any complaints regarding the provision of the Services must be sent to SWAG OU by mail to email@example.com no later than 7 (seven) days from the moment in which the fact that is the subject of the complaint occurs. SWAG OU will examine the complaint and provide a written reply within 30 (thirty) days of receiving it. In the event of complaints due to particularly complex facts, which do not allow for an exhaustive response in the terms set out above, SWAG OU will inform the Customer within the aforementioned terms on the progress of the case.
The present clause, the other clauses of the Conditions hereinafter indicated as well as the provisions foreseen in documents to which these clauses refer, will continue to be valid and effective between the Parties even after the termination or termination of any due cause or to any imputable party:
7. Activation and provision of the Service
11. Obligations and limitations of liability of the Supplier
12. Obligations and rights and Customer
14. Discipline and limitations of Management Options
17. Express termination clause - resolution for non-fulfilment - termination conditions
19. Copyright and licenses
20. Information security
25. Applicable law and competent court
23. Processing of personal data
The Customer declares and guarantees that he is familiar with mining and Bitcoin and understands its nature, uses and related risks. In particular, the Customer understands and accepts that:
24. Statements and Guarantees concerning Bitcoin
24.1 The Customer declares and guarantees that he is familiar with mining and Bitcoin and understands its nature, uses and related risks. In particular, the Customer understands and accepts that:
a) bitcoin is not currently regulated by any specific European regulatory framework and is therefore subject to a legal risk
b) given its decentralized nature and the lack of a regulatory framework, the value of Bitcoin is not guaranteed by any legal person but only by the market;
c) the value of the Contract may be influenced by many factors not controlled by SWAG OU, including, for example: the difficulty of the network, specific mining parameters, fluctuations in the Bitcoin market price, hardware obsolescence;
d) any amount of Bitcoin mined may lose all or part of its value at any time;
e) bitcoin transactions are irreversible: if the Bitcoins are sent to wrong people or addresses, it may not be possible to cancel the transaction;
f) if one loses or forgets any PIN or password of its personal wallet, the Bitcoins stored in it could be permanently lost and no longer available to the Customer.
24.2 The Customer declares and guarantees that it will be the economic beneficiary of the Bitcoins extracted following the mining activity.
24.3 The Customer acknowledges that Bitcoin is an alternative virtual currency, suitable for paying off pecuniary debts only after express agreement with the party that accepts Bitcoins in payment. Consequently, the Customer declares that he will have nothing to expect from SWAG OU and / or companies commissioned by SWAG OU in the event of any disputes arising with third parties that dispute the non-fulfilment of pecuniary obligations contracted by the Customer himself and / or his successors cause. The Customer also declares to indemnify SWAG OU and / or the companies appointed by SWAG OU from any claim made by third parties for the non-fulfilment of the pecuniary obligations contracted.
24.4 The Customer acknowledges that Bitcoin does not fall within the scope of application of Directive 2007/64 / EC. Consequently, the Customer acknowledges that he has nothing to claim from SWAG OU and / or companies commissioned by SWAG OU in the cases in which he suffers prejudices of any kind, arising from incorrect transactions, theft, and / or any other event covered by Directive 2007/64 / EC.
24.5 The Customer acknowledges that the performances of the Bitcoin price is variable and declares they have nothing to expect from SWAG OU and / or engaged by SWAG OU for any losses or for any other damage suffered as a result of Bitcoin price trend.
24.6 The Customer declares to indemnify SWAG OU and / or the companies appointed by SWAG OU from any responsibility and / or claim of third parties deriving from an illegal or in any case improper use of the Bitcoins by the Customer and / or its assignees.
24.7 The Customer acknowledges that the hardware is subject to cyber attacks, failures and / or other prejudicial events. In this regard, the Customer declares to have nothing to claim from SWAG OU and / or companies commissioned by SWAG OU for any damages, direct or indirect, of any kind suffered due to the events referred to in the preceding paragraph. The Customer also declares to release SWAG OU and / or the companies appointed by SWAG OU from any responsibility for any damages, direct or indirect, of any kind suffered due to the events referred to in the preceding paragraph. The wide indemnity clause set forth in art. 24.6 supplements those already contained in articles 8.2, 9.2, 12.3, 13.2, 24.3, 24.4, 24.5, 24.6 with reference to more specific hypotheses.
25. Governing Law and Jurisdiction
25.1 The Contract is governed exclusively by the law of Estonia excluding any application of the United Nations convention on the international sale of goods.
25.2 The Judicial Authority of Estonia will be the competent jurisdiction, exclusively, to resolve and decide any and all disputes relating to the interpretation and / or execution and / or application of the Contract.
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