General principles of work of FlexiChange service
Cooperation with the service FlexiChange is documented by the agreement which reflects the rights and obligations of two parties. The presence of the official document excludes unjustified claims and arguments.
The parties of the following agreement are FlexiChange.com, on the one side, and User, in the name of a person cooperating with Service, on the other side.
2. Terms used in the agreement
Service is automated web-product provided by the service basing on the present agreement. User is another Party agreeing with terms offered by Service and acceding to the agreement. The agreement of the system of electronic accounts with User contains a big scope of regulations and other rights. “Electronic units” are accounting units of corresponding electronic accounting systems. Application is information which User, aiming to use the service, sends to Service. It reflects all the terms and conditions which the user accepts.
3. Terms used in the agreement
Service is automated web-product provided by the service basing on the present agreement. User is any and each person agreeing with terms offered by Service and acceding to the agreement. “Electronic units” are accounting units of corresponding electronic accounting systems which stand for particular scope of claims or other rights, arising from the agreement of electronic accounting systems with their users. Application is information provided by User with the using the funds of Service under the terms offered by Service and stated in characteristics of the application.
4. Subject matter
Using technical means of Service by providing an application the User entrusts concluding agreements with a specified sum of “electronic units”. User receives “electronic units” for adequate remuneration and from its behalf sends them to a person or persons willing to make a purchase. The cost in money equivalent which User is going to receive for a product is reflected in the application. Service can sell a product at cost which exceeds the sum stated by User. In this case a positive difference is a bonus payment and commission fees for the service and it is sent to the account of Service.
5. Terms of the Agreement
The following agreement is considered to be concluded under the terms and conditions of public offer which is an integral part of the given agreement accepted by User while submitting an application. Public offer is considered to be the information reflected by Service in parameters of the application. Accepting of public offer is considered the performing of actions in completing application by User which confirms his intention to conclude the agreement with Service on terms offered by Service before completing the application. The date and time of acceptation as well as parameters of the application are fixed by Service automatically at the moment of completion the application. The period of accepting the offer by User covers 24 hours from the moment of completion the application. The document is considered to be valid from the time User sent “electronic units” to Service in the amount stated by User in the parameters of application. The account of transactions is performed in accordance to terms, regulations and format of corresponding electronic accounting systems. The agreement is valid until the subject matter is performed (p.3) or the agreement is terminated by one of the parties on the terms stated below.
6. Additional terms
6.1 In case of non-depositing by User any “electronic units” to Service within 24 hours from the moment of accepting by User, the agreement can be terminated by Service in its reasonable discretion. The period of 24 hours is provided to User for making transfer. If “electronic units” stated in application or a notification about delay and its reasons are not sent by User within this period of time, the agreement is considered to be invalid. When “electronic units’ are received by Service after the actions described above, they are returned to the account of a sender. Commission fees for a performed transfer are withdrawn from User.
6.2 In case the sum of deposited “electronic units” from User to Service differs from the one stated in the application, Service should consider this fact as User’s request to perform a recalculation of the application according to factually received sum of “electronic payments”. If the amount of received “electronic units” 10 % different from the amount stated by User, Service is entitled to terminate the agreement by declining to process the application as well as to return the funds to the User’s account, at its reasonable discretion. When performing a refund all commission fees for the transfer of “electronic units” are withdrawn from deposited money at the expense of User.
6.3 User possesses the right to terminate the agreement in its own discretion if the money equivalent of “electronic units” sent to Service hasn’t been sent within 24 hours to the account stated in the application. There are 48 given for performing exchange operations on Yandex Money resource. Service is obliged to cancel the application, return received from User “electronic units”, if money equivalent hasn’t been sent to the stated account in agreed time. After receiving a request of User for cancelling the application, Service is obliged to perform the above transaction and send to User’s account “electronic units” within 24 hours. If there are any delays during the transfer which occurred not due to the fault of Service, it disclaims all liability relating thereto
6.4 If User submitted incorrect information about payment details of funds recipient, Service does not bear any responsibility for negative consequences or loss occurred as a result of such an error.
6.5 User must enter in the application the payment system which will perform the transfer. If there occurred a delay in depositing funds, or they failed to be deposited to the account stated by User due to the fault of a payment system chosen by User in the application, Service does not bear any responsibility for the possible loss. User must file a claim to the accounting system and demand for a refund. In case of necessity Service can provide a legal assistance to User.
6.6 In case of detection of communication flow frame-up or excessing any negative influence on the normal operation of program code of Service, which is directly or indirectly related to User’s application, the processing of the application by Service will be terminated. In this matter, the parameters of the application will be recalculated by received funds in accordance to effective terms. In case of disagreement of User with the recalculation, sending a refund to the account of a sender results in termination of the agreement at the same time.
6.7 Using Service, User agrees that the scope of responsibility is limited by funds received from User to bring the agreement into force, and Service does not provide any additional guarantees and does not bear any additional responsibility before User, as well as User does not bear any additional responsibility before Service.
6.8 Concluding the present agreement with Service User is obliged not to break statutory prescribed regulations and rules, not to frame-up communication flows, used by Service, not to impair normal operation of Service’s code.
6.9 If Paypal system returns payments due to the absence of right for receiving funds of User’s accounts, Service withdraws commission fees in the amount of 10% from the sum.
6.10 Scheduled terms of exchange will be displayed on the page Questions.
7. Force Majeure
In case of appearing circumstances beyond reasonable control (force majeure), which make it reasonably impossible for Service to carry out the obligations of the agreement, the term of carrying out these obligations, is shifted for the period of remedy such drawbacks. Thereat, Service does not bear any responsibility for delayed performance of obligations.
8. Warranty period
Warranty period for the service provided by the present agreement is 24 hours from the moment of performance of subject matter by Service.
9. Accepting claims and resolving disputes
Any claims concerning the present agreement may be accepted by Service by e-mail, sending a letter in the essence of the claim using details (contact page) stated on the web-site of the Service.
10. Legal status of the agreement
Both Parties declare the present agreement in electronic format equal to the one concluded in writing, by the letter of law.
11. Operations with English, German and USA cards
When receiving transfers from German, British and USA cards, Service must perform verification which allows identifying the user of the card. Any transactions with received funds are performed within this period.
12. Terms of exchange transactions through Service
12.1 Accepting the terms of Service, User agrees that is not allowed to use Service for fraudulent or illegal transactions. Using Service, User confirms that any attempt of exchange of fraudulent funds will be sued to the fullest extent of the law.
12.2 Administration of Service is entitled to provide information about such payments to law-enforcement authorities, administrations of payment systems, as well as victims of fraudulent actions upon the first request, in case the fact of fraud is proved.
12.3 User is obliged to provide the documents identifying the personality, in case of suspicion in black money laundering.
12.4 User is obliged not to violate the operations of Service by intervening into its program or hardware components, as well as by distortion of parameters sent to Service.
12.5 In case of impossibility of payment completion in automatic mode (disconnection from payment system, failing to receive submission information about payment by payment system, lack of funds, incorrect payment details, stated by User etc.) the exchange will be completed within 24 hours, otherwise the funds will be returned less commission fees charged.
12.6 The administration of Service possesses absolute right to turn down any client’s request in providing the service without explaining the reasons.