QuietEx Service Agreement

1. Terms and definitions
   1. QuietEx Service - an OTC platform for searching counterparties and executing OTC transactions.
   2. User - any Person registered on the Platform and agreeing to the terms and conditions of this Agreement - the User has reached the age of 18, the laws of his/her country of residence do not prohibit the use of this Service, and the User does not plan to carry out any illegal activities through the use of the QuietEx Service.
   3. Title Token - a conventional unit of the payment system of electronic and other types of currencies, which corresponds to the settlements of electronic systems and denotes the scope of rights corresponding to the contract of the various payment systems and its owner.
   4. Payment system - an online service that realizes payment for goods and services by means of electronic money transfers.
   5. Services of the Service - operations on input and output of electronic currencies, as well as other services, information about which is placed on the website of the Service.
   6. Payment - transfer of funds made with the help of the payment system.
   7. OTC-Platform - a trading platform for searching for counterparties and making over-the-counter transactions.
   8. Agreement - this User Agreement and its integral parts taking into account all additions and/or amendments that may be made in the manner determined by their terms.
   9. Website - a set of information, texts, graphic elements, design, images, photos and videos and other results of intellectual activity, as well as a set of computer programs contained in an information system that makes such information available at the QuietEx location, including any subdomains, and, if the domain or material of the Website must be changed for any reason, it includes the Website after any such changes.
   10. Personal Data - information that identifies an individual, such as name, address, email address, cell phone number, bidding information and bank details. The term "Personal Data" does not include anonymous and/or aggregated data that does not identify a specific User.
   11. Intellectual Property - all materials published on the Website, as well as all Services provided by the Service, are the property of the Service and are not subject to third-party use: publication, distribution, duplication.
   12. Application - an offer made by the User to buy or sell cryptocurrency using the Services provided by the Service.
   13. Electronic Document - information in electronic digital form.
   14. Suspicious Traffic - User assets that, when passing AML verification, showed a high risk rating for their acceptance.
   15. KYC procedures - verification procedures under the Anti-Money Laundering Standards - Know Your Customer (KYC) policy.
2. Introduction
   1. This agreement governs the relationship between the User and the Service for the services provided by the Service to the User and supersedes all prior agreements between the Service and the User on the subject matter.
3. Subject of the Agreement
   1. The subject of this Agreement is the Services provided by the Service, the description of which is given on the website of the Service.
   2. The Service offers its services to all Users and does not check the eligibility of Users to dispose of these funds and does not supervise the User's operations in any of the Payment systems.
   3. Payment systems and/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 in no way bears responsibility for incorrect or unauthorized use of the Payment system features by the User, as well as for abuse of the Payment system functionality by the User. Mutual rights and obligations of the User and the Payment system and/or financial institution are regulated by respective agreements.
   4. Any initiated operation on exchange of User's funds, as well as any other operation offered by the Service to the User, cannot be canceled by the User.
4. Rights and obligations of the parties
   1. The Service has the right to suspend or cancel the operation in progress, if the authorized bodies receive information about the illegitimacy of the User's possession of funds and/or other information that makes it impossible for the Service to provide services to the User.
   2. The Service has the right to suspend, refuse to refund, cancel the operation in progress if the User violates the terms of this Agreement.
   3. The Service has the right to cancel the operation in progress and return the title units deposited by the User without explaining the reasons.
   4. The Service undertakes to take all possible and available actions to prevent attempts of illegal trade, financial fraud and money laundering with the use of the Service services. These actions include: providing the best possible assistance to law enforcement agencies in the search and capture of financial terrorists engaged in illegal money laundering activities; providing competent authorities in accordance with applicable law information related to the processing of the Service; improving the Service to prevent direct or indirect use of the Service in activities contrary to legislation aimed at combating illicit trade, financial fraud and money laundering through the use of services of the Service; providing the Service to the competent authorities in accordance with applicable law; providing the Service to the competent authorities in accordance with applicable law information related to the processing of the Service; improving the Service to prevent direct or indirect use of the Service in activities contrary to the legislation aimed at combating illicit trade, financial fraud and money laundering through the use of services of the Service.
   5. In case of detection of suspicious traffic on the part of the User, the Service reserves the right to transfer all information at the request of law enforcement agencies about the identity, application for exchange and currency received from the User.
   6. By registering on the Service's website, as well as making an exchange without registration, the User confirms that he/she agrees with these Rules and accepts the terms of the Agreement, the User is 18 years old, the laws of the country of his/her residence do not prohibit the use of the Service, and the User does not plan to carry out any illegal activities through the use of the Service.
   7. When registering on the Service site, as well as making an exchange without registration, the User guarantees that he provides complete, truthful and up-to-date information about himself, that the use of the Service is made only for personal purposes that do not violate the laws of the Russian Federation or any other country in which the User is located, and also undertakes to timely update the data to maintain their relevance.
   8. The User guarantees the confidentiality of registration data and access to his account, as well as assumes full responsibility for all activities occurring under his account, including in the case of hacking or unauthorized access.
   9. The User undertakes to report any breach of security of his account in a timely manner.
   10. The Service has the right to block the User's account in case of suspicion of illegal actions, suspicion of account hacking or in case of violation of the Service rules. The User's account is blocked without the right to restore in case the User creates obstacles in the work of the Service.
   11. By accepting the terms of this Agreement, the User guarantees that he/she is the legal owner of funds and/or cryptocurrency.
   12. By accepting this User Agreement, the User confirms that he/she understands the principles of the Service and assumes full responsibility for all risks and losses associated with the use of the Service.
   13. The User gives his/her consent to the Service to process the personal data provided during registration on the site, during the verification procedure, as well as during the collection of any information about the client on the site.
   14. Personal data includes:
       • Surname, First Name, Patronymic;
       • e-mail address;
       • cell phone number (where the client can be contacted);
       • details of the wallets used; (individually in each case);
       • card number and/or bank account; (individually in each case);
   15. Processing of personal data means recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), including cross-border, depersonalization, blocking, deletion, destruction of personal data that do not fall under special categories, the processing of which requires written consent of the User.
   16. Processing of personal data is performed for the purpose of fulfillment of the Parties' obligations under the Agreement, registration of the User on the Website, providing the User with technical support, making Requests, rendering Services, reviewing appeals and claims, sending informational and other messages to the User's e-mail address.
   17. The Service has the right to make AML and KYC checks.
5. Services provided by the Service
   1. Ordering services of the Service and receiving information about the progress of the transaction by the User are made exclusively by contacting the Service representative.
   2. The Service offers its services according to the established internal work schedule of the Service.
   3. Questions and claims on requests are accepted within 24 hours from the moment of execution. After 24 hours exchange requests are considered to be properly executed or not paid depending on their status at the time of expiration of the specified period.
   4. In case of any suspicious actions on the part of the client, as well as in case the user uses suspicious assets, the service may delay payment and require additional verification of identity and conduct an internal analysis of the funds used by the user.
   5. The service reserves the right to refuse the exchange unilaterally.
6. Fees of the Service
   1. The tariffs are determined by the Service's management and published on the Service's website. The Service management has the right to change tariffs without additional notice.
   2. The Service is not responsible for expectations of the client about changes in tariff plans and cost of services.
7. Responsibility of the parties
   1. The Service guarantees the fulfillment of its obligations to the User only within the limits of the sums entrusted to the Service by the User for realization of the operation within the terms of the Service documentation.
   2. The Service guarantees and provides confidentiality of information about the User and his operations. The Service can provide this information only at the request of authorized state bodies, officials or representatives of Payment systems in the presence of legal grounds.
   3. The Service makes every effort to ensure uninterrupted operation of the Service, but does not guarantee the absence of technical problems leading to a full or partial suspension of the Service. The Service is not responsible for losses, lost profits and other costs of the User, resulting from the inability to access the site and services of the Service.
   4. The Service is not responsible for any damage caused to the User, even if its possibility was known in advance. The Service is not responsible for obtaining information about the User's activity by third parties in case of hacking the system and obtaining data by third parties.
   5. The Service does not bear any responsibility for losses, unearned profit and other costs of the User, resulting from the User's erroneous expectations regarding the Service's tariff rates, profitability of transactions and other subjective factors.
   6. When visiting the website of the Service, using the services of the Service and making exchanges, the User guarantees compensation of losses of the Service (management company, managers and employees) in cases of suits or claims, directly or indirectly related to the use of services of the Service by the User.
   7. The User agrees that the Service is not liable in case of communication breakdown, Internet outage, as well as in case of force majeure.
   8. The User guarantees that he/she is the owner or has authorized grounds for disposition of funds used in his/her transactions, bank transfers, etc.
   9. The User undertakes not to falsify communication flows related to the operation of the Service.
8. Force Majeure
   1. The Parties shall be released from liability for full or partial non-fulfillment of obligations under this Agreement in case the non-fulfillment of obligations was caused by acts of force majeure, namely: fire, flood, earthquake, terrorist acts, change of power, civil unrest, DDoS-attacks on the service, as well as non-functioning of Payment systems, power supply systems, communication networks and Internet service providers.
   2. In case of an error in payment of the exchange, the User will receive a notification about the status of the application to the specified e-mail.
   3. In case the application is paid after the time allotted for payment of the application, the service reserves the right to return the payment for the application less the network commission and service costs back to the User or recalculate at its discretion.
   4. In case the User intentionally, unintentionally, as well as in case of technical failure (including on the side of the QuietEx Service), as a result of malicious actions or for other reasons, made an exchange, which in turn caused losses for the QuietEx Service, orders made under the above conditions are considered invalid. The Service has the right to compensate the incurred damage by withholding any future receipts of funds from the User within the framework of interaction with the Service.
   5. In case of detection of suspicious assets/means violating AML agreement of the Service and suspicious/fraudulent actions on the part of the User, the transaction is blocked by the Security Service for further proceedings.
   6. The Service does not bear any material responsibility before the User, in case the User in the application specified incorrect details for receiving funds from the Service, and the Service made a settlement with the User, sending payment to the details specified in the application.
   7. Payments via third-party payment systems can be delayed for up to 5 working days for reasons beyond the control of the Service.
9. Exchange rules
   1. Requests made by the service in automatic mode can be made up to 12 hours. Requests made by the service in manual mode can be made up to 36 hours.
   2. Requests for the sale of all cryptocurrencies listed on the service's website are processed at the moment when the transaction receives the set individual minimum confirmation (the minimum is set by the QuietEx service).
   3. The service has the right to recalculate your request at the current rate if the transaction has not received the required number of network confirmations within the time allotted for the request.
   4. The exchange rate in the directions "give" fiat, "receive" cryptocurrency is fixed within the time allotted for payment. Recalculation of orders in these directions is made at the current rate, if the client during this time has not had time to transfer funds to the details given in his application.
   5. When a client buys any cryptocurrency listed on the service's website, sending cryptocurrency by the service can take from 5 min to 12 hours. The speed of transaction confirmation in the network does not depend on the service.
   6. In case of high load or technical problems in the network of cryptocurrencies listed on the service's website, for reasons beyond the control of the Service, the time of delivery of funds to the recipient's account may reach 240 hours.
   7. Orders to sell cryptocurrencies listed on the Service's website, paid for an amount less than the minimum exchange amount set by the Service, are executed at the rate set at the discretion of the Service. Such requests can be refunded if the service deducts a commission equal to 10% of the amount of funds received, as well as minus the network commission.
   8. Recalculation of the amount of the request is made by the service under the terms of this agreement in manual mode, the service notifies the client by letter to the mail.
   9. The service is not responsible for funds transferred to the blocked client's card or if the client's card is blocked after the service has transferred funds to it under the request.
   10. All cash transactions are conducted strictly through the creation of applications on the site.
   11. The exchange rate in the directions "give" cryptocurrency, "receive" cash is fixed upon receipt of cryptocurrency to the wallet of the service and after receiving the required number of confirmations in the network (the recommended number of confirmations is regulated by the service).
   12. In cities where there is actually no office for cash exchange, the service makes transactions using courier services. The final amount that will be received by the client in this exchange is affected by the amount of the service's costs for courier delivery, all delivery costs should be discussed in advance with the technical operator on the service's website.
   13. Before executing a transaction in the direction of "give" cryptocurrency "receive" cash, the service has the right to request the address of the wallet from which the transaction will be sent. The rate in this direction will be affected by the purity of the transaction, as well as the degree of risk of accepting this cryptocurrency for the service.
   14. Due to the specifics of cash exchange (long drive to the office/change of cryptocurrency/dollar/ruble exchange rate by more than 3%) the rate may change. All exchange conditions should be clarified with the technical support operator on the service's website. Also, the rate may change if the client buys the cryptocurrency/fiat reserve before you, as well as if the time for payment of the request has expired.
   15. All cash transactions are done manually and require prior approval at least 2 hours before the exchange itself. Be sure to check all details with the operator before creating a request.
10. Refund
    1. Refunds are possible only at the discretion of the Service.
    2. To request a refund, the User must send an e-mail to the Service's e-mail address: support@quietex.org. The letter should be sent from the mail specified in the application, for which the User wishes to receive a refund. In the letter it is necessary to specify the number of the application and details for receiving the refund, as well as the reason for the application.
    3. The refund is made after deduction of the payment system commission for the transfer and after deduction of the Exchange Service costs in the amount of 5% of the exchange amount.
    4. Applications for refund are considered by the Service within 48 hours.
    5. The Service shall make a refund on the application within 48 hours.
    6. Exchange applications ("Refunds") paid for less than the minimum exchange amount set by the Service may be subject to a refund to the customer or exchange less 10% of the payment amount and commission charges.
    7. The return of blocked assets that have not passed AML verification is possible only after identity verification.
11. Final provisions
    1. Acceptance of the terms and conditions of the "User Agreement" when creating an application is automatically considered by the service as an agreement with all the documentation regulating the operation of the service.